Bill Text: MS SB2563 | 2012 | Regular Session | Introduced
Bill Title: Mississippi Pharmaceutical Drug Diversion Act; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [SB2563 Detail]
Download: Mississippi-2012-SB2563-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Drug Policy; Judiciary, Division B
By: Senator(s) Wiggins
Senate Bill 2563
AN ACT TO CREATE NEW SECTION 41-29-319, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MISSISSIPPI PHARMACEUTICAL DRUG DIVERSION ACT; TO REQUIRE THE MISSISSIPPI BUREAU OF NARCOTICS TO DEVELOP AND IMPLEMENT A COMPUTERIZED PROGRAM TO TRACK CERTAIN PRESCRIPTIONS, AND INVESTIGATE SUSPECTED ABUSE AND MISUSE OF CONTROLLED SUBSTANCES; TO CONTROL ACCESS TO COLLECTED DATA; TO PROVIDE FOR CONFIDENTIALITY; TO ENACT PENALTIES FOR KNOWINGLY FAILING TO SUBMIT OR SUBMITTING INCORRECT DISPENSING INFORMATION; TO REPEAL SECTION 73-21-127, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE PRESCRIPTION MONITORING PROGRAM, A COMPUTERIZED PROGRAM DEVELOPED AND IMPLEMENTED BY THE BOARD OF PHARMACY TO TRACK PRESCRIPTIONS FOR CONTROLLED SUBSTANCES AND TO REPORT SUSPECTED ABUSE AND MISUSE OF CONTROLLED SUBSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-29-319, Mississippi Code of 1972:
41-29-319. This section shall be known as the Mississippi Pharmaceutical Drug Diversion Act. The Mississippi Bureau of Narcotics shall develop and implement a computerized prescription monitoring program to track prescriptions for controlled substances and to investigate suspected abuse and misuse of controlled substances in compliance with the federal regulations promulgated under authority of the National All Schedules Prescription Electronic Reporting Act of 2005 and in compliance with the federal HIPAA law, under the following conditions:
(a) Reporting of dispensing information shall be mandatory and required by the State Board of Pharmacy for any entity dispensing controlled substances in or into the State of Mississippi.
(b) The prescriptions tracked shall be prescriptions for controlled substances listed in Schedule II, III, IV or V of the Mississippi Uniform Controlled Substances Law and specified noncontrolled substances authorized by the State Board of Pharmacy that are dispensed to residents in the State of Mississippi by licensed pharmacies, nonresident pharmacies, institutions, dispensing practitioners and the dispenser of veterinary controlled substance drugs, regardless of dispenser location.
(c) The Mississippi Bureau of Narcotics may report any activity it reasonably suspects may be fraudulent or illegal to the appropriate occupational licensing board and provide the board with any relevant information obtained for further investigation. (d) The program shall provide information regarding the potential inappropriate use of controlled substances and the specified noncontrolled substances to practitioners, pharmacists-in-charge and appropriate state agencies in order to prevent the inappropriate or illegal use of these controlled substances. The specific purposes of the program shall be to: be proactive in safeguarding public health and safety; support the legitimate use of controlled substances; facilitate and encourage the identification, intervention with and treatment of individuals addicted to controlled substances and specified noncontrolled drugs; identify and prevent drug diversion; provide assistance to those state and federal law enforcement and regulatory agencies investigating cases of drug diversion or other misuse; and inform the public and health care professionals of the use and abuse trends related to controlled substance and specified noncontrolled drugs.
(e) (i) Access to collected data shall be confidential and not subject to the provisions of the federal Freedom of Information Act or the Mississippi Open Records Act. Upon request, the Mississippi Bureau of Narcotics may provide collected information to: pharmacists or practitioners who are properly registered with the State Board of Pharmacy and are authorized to prescribe or dispense controlled substances for the purpose of providing medical and pharmaceutical care for their patients; local, state and federal law enforcement officials engaged in the administration, investigation or enforcement of the laws governing illicit drug use; regulatory and licensing boards in this state; Division of Medicaid regarding Medicaid and Medicare Program recipients; judicial authorities under grand jury subpoena or court order; an individual who requests the individual's own prescription monitoring information; and prescription monitoring programs in other states through mutual agreement.
(ii) The Mississippi Board of Pharmacy and the Mississippi Board of Medical Licensure may have access to the Prescription Monitoring Program database for the purpose of providing generic, nonidentifying statistical data for research or educational purposes.
(f) (i) A dispenser pharmacist or practitioner licensed to dispense controlled substances and specified noncontrolled substance drugs who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information shall be subject to actions against the pharmacist's or practitioner's license, registrations or permit, an administrative penalty as provided in Sections 73-21-97 and 73-21-103, or both.
(ii) "Practitioner" means any person licensed, registered or otherwise permitted to distribute, dispense, prescribe or administer a controlled substance, as defined under Section 41-29-105(y).
(g) In addition to any funds appropriated by the Legislature, the State Board of Pharmacy may apply for any available grants and accept any gifts, grants or donations to assist in future development or in maintaining the program.
SECTION 2. Section 73-21-127, Mississippi Code of 1972, which establishes the Prescription Monitoring Program, a computerized program developed and implemented by the Board of Pharmacy to track prescriptions for controlled substances and to report suspected abuse and misuse of controlled substances, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012, and shall stand repealed on July 1, 2014.
