Bill Text: NJ S1948 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises certain provisions of New Jersey Prescription Monitoring Program concerning reporting of and access to information, and mandatory use by practitioners and pharmacists.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-28 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1948 Detail]
Download: New_Jersey-2014-S1948-Introduced.html
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Revises certain provisions of New Jersey Prescription Monitoring Program concerning reporting of and access to information, and mandatory use by practitioners and pharmacists.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the New Jersey Prescription Monitoring Program and amending and supplementing P.L.2007, c.244.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 24 of P.L.2007, c.244 (C.45:1-44) is amended to read as follows:
24. Definitions. As used in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50):
"Controlled dangerous substance" means any substance that is listed in Schedules II, III, and IV of the schedules provided under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). Controlled dangerous substance also means any substance that is listed in Schedule V under the "New Jersey Controlled Dangerous Substances Act" when the director has determined that reporting Schedule V substances is required by federal law, regulation, or funding eligibility.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Licensed health care professional" means a registered nurse, licensed practical nurse, advanced practice nurse, physician assistant, or dental hygienist licensed pursuant to Title 45 of the Revised Statutes.
"Licensed pharmacist" means a pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).
"Mental health practitioner" means a clinical social worker, marriage and family therapist, alcohol and drug counselor, professional counselor, psychologist, or psychoanalyst licensed or otherwise authorized to practice pursuant to Title 45 of the Revised Statutes.
"Pharmacy permit holder" means an individual or business entity that holds a permit to operate a pharmacy practice site pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).
"Practitioner" means an individual currently licensed, registered, or otherwise authorized by this State or another state to prescribe drugs in the course of professional practice.
"Ultimate user" means a person who has obtained from a dispenser and possesses for his own use, or for the use of a member of his household or an animal owned by him or by a member of his household, a controlled dangerous substance.
(cf: P.L.2007, c.244, s.24)
2. Section 25 of P.L.2007, c.244 (C.45:1-45) is amended to read as follows:
25. Prescription Monitoring Program; requirements.
a. There is established the Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. The program shall consist of an electronic system for monitoring controlled dangerous substances that are dispensed in or into the State by a pharmacist in an outpatient setting.
b. Each pharmacy permit holder shall submit, or cause to be submitted, to the division, by electronic means in a format and at such intervals as are specified by the director, information about each prescription for a controlled dangerous substance dispensed by the pharmacy that includes:
(1) The surname, first name, and date of birth of the patient for whom the medication is intended;
(2) The street address and telephone number of the patient;
(3) The date that the medication is dispensed;
(4) The number or designation identifying the prescription and the National Drug Code of the drug dispensed;
(5) The pharmacy permit number of the dispensing pharmacy;
(6) The prescribing practitioner's name and Drug Enforcement Administration registration number;
(7) The name, strength and quantity of the drug dispensed, the number of refills ordered, and whether the drug was dispensed as a refill or a new prescription;
(8) The date that the prescription was issued by the practitioner;
(9) The source of payment for the drug dispensed; and
(10) Such other information, not inconsistent with federal law, regulation or funding eligibility requirements, as the director determines necessary.
The pharmacy permit holder shall submit the information to the division with respect to the prescriptions dispensed [during the reporting period not less frequently than every 30 days, or according to a schedule to be determined by the director if federal law, regulation or funding eligibility otherwise requires] on a real-time basis.
c. The division may grant a waiver of electronic submission to any pharmacy permit holder for good cause, including financial hardship, as determined by the director. The waiver shall state the format in which the pharmacy permit holder shall submit the required information.
d. The requirements of this act shall not apply to: the direct administration of a controlled dangerous substance to the body of an ultimate user; or the administration or dispensing of a controlled dangerous substance that is otherwise exempted as determined by the Secretary of Health and Human Services pursuant to the "National All Schedules Prescription Electronic Reporting Act of 2005," Pub.L.109-60.
(cf: P.L.2007, c.244, s.25)
3. Section 26 of P.L.2007, c.244 (C.45:1-46) is amended to read as follows:
26. Access to prescription information.
a. The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted, and maintained is not disclosed, except as permitted in this section, including, but not limited to, the use of a password-protected system for maintaining this information and permitting access thereto as authorized under sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person as listed in [subsection d.] subsections h. or i. of this section provide on-line affirmation of the person's intent to comply with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the information.
b. The prescription monitoring information submitted to the division shall be confidential and not be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or P.L.2001, c.404 (C.47:1A-5 et al.).
c. The division shall review the prescription monitoring information provided by a pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). The review shall include, but not be limited to:
(1) a review to identify whether any person is obtaining a prescription in a manner that may be indicative of misuse, abuse, or diversion of a controlled dangerous substance. When an evaluation of the information indicates that a person may be obtaining a prescription for the same or a similar controlled dangerous substance from multiple practitioners or pharmacists during the same time period, the division may provide prescription monitoring information about the person to practitioners and pharmacists; and
(2) a review to identify whether a violation of law or regulation or a breach of the applicable standards of practice by any person may have occurred, including, but not limited to, a diversion of a controlled dangerous substance. If the division determines that such a violation [of law or regulations, or a breach of the applicable standards of practice,] or breach may have occurred, the division shall notify the appropriate law enforcement agency or professional licensing board, and provide the prescription monitoring information required for an investigation.
d. [The division may provide prescription monitoring information to the following persons:
(1) a practitioner authorized to prescribe, dispense, or administer controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient of the practitioner. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a practitioner to access or check the prescription monitoring information prior to prescribing, dispensing, or administering medications beyond that which may be required as part of the practitioner's professional practice;
(2) a pharmacist authorized to dispense controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a pharmacist to access or check the prescription monitoring information prior to dispensing medications beyond that which may be required as part of the pharmacist's professional practice;
(3) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that he is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board;
(4) a State, federal, or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient;
(5) a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient;
(6) a properly convened grand jury pursuant to a subpoena properly issued for the records;
(7) authorized personnel of the division or vendor or contractor responsible for establishing and maintaining the program; and
(8) the controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
e. [A person listed in subsection d. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall certify, by means of entering an on-line statement in a form and manner prescribed by regulation of the director, the reasons for seeking to obtain that information.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
f. [The division shall offer an on-line tutorial for those persons listed in subsection d. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights and responsibilities of persons who are the subject of or access this information and the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
g. [The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research or educational purposes.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
h. (1) The division shall require a pharmacist or practitioner authorized to prescribe, dispense, or administer controlled dangerous substances to register with the division to participate in the prescription monitoring program. The division shall revoke the registration to prescribe, dispense, or administer controlled dangerous substances of a pharmacist or practitioner who fails to register with the division.
(2) The division shall provide to a pharmacist authorized to dispense controlled dangerous substances who registers with the division login credentials for the purposes of entering data, and shall provide online access to prescription monitoring information for purposes of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The director shall ensure that the program allows prescribers to input any information related to a prescription.
(3) The division shall provide to a practitioner authorized to prescribe, dispense, or administer controlled dangerous substances online access to prescription monitoring information for purposes of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The division shall grant access to prescription monitoring information to as many licensed health care professionals as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information, subject to a limit on the number of such health care professionals as deemed appropriate by the division for that particular type and size of professional practice, in order to minimize the burden to practitioners to the extent practicable while protecting the confidentiality of the prescription monitoring information obtained. The director shall establish, by regulation, the terms and conditions under which a practitioner may grant that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, and such other matters as the division may deem appropriate. The division shall develop software that, consistent with all applicable privacy requirements, allows patient medical records to be automatically populated with the patient's complete prescription history.
(4) As a condition of accessing prescription monitoring information, a pharmacist, practitioner, or other authorized health care professional shall certify that the request is for the purpose of providing health care to a current patient or verifying information with respect to a patient or practitioner.
i. The division may provide online access to prescription monitoring information to the following persons:
(1) authorized personnel of the division or a vendor or contractor responsible for maintaining the Prescription Monitoring Program;
(2) authorized personnel of the division responsible for administration of the provisions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented;
(3) the State Medical Examiner, a county medical examiner, or a deputy or assistant county medical examiner who certifies that the request is for the purpose of investigating a death pursuant to P.L.1967, c.234 (C.52:17B-78 et seq.);
(4) the controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement if an interoperability agreement is required by that state, or which participates with the division in a system that facilitates the secure sharing of information between states;
(5) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that he is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board;
(6) a State, federal, or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient;
(7) a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient;
(8) a properly convened grand jury pursuant to a subpoena properly issued for the records; and
(9) a licensed mental health practitioner providing treatment for substance abuse to patients at a residential or outpatient substance abuse treatment center licensed by the Division of Mental Health and Addiction Services in the Department of Human Services, who certifies that the request is for the purpose of providing treatment to a current patient of the mental health practitioner and who furnishes the division with the written consent of the patient to allow the mental health practitioner to obtain prescription monitoring information about the patient. The director shall establish, by regulation, the terms and conditions under which a mental health practitioner may request and receive prescription monitoring information. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a mental health practitioner to access or check the prescription monitoring information in the course of treatment beyond that which may be required as part of the mental health practitioner's professional practice.
j. A person listed in subsection h. or i. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall furnish the required certification in a form and manner prescribed by regulation of the director.
k. The division shall offer an online tutorial for those persons listed in subsections h. and i. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights of persons who are the subject of this information; the responsibilities of persons who access this information; a summary of the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.
l. The division may request and receive prescription monitoring information from prescription monitoring programs in other states or with a nationwide communications exchange platform for state prescription monitoring programs, and may use that information for the purposes of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). When sharing data with programs in another state, the division shall not be required to obtain a memorandum of understanding unless required by the other state. The division shall establish new information sharing agreements with other states as expeditiously as possible.
m. The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research, or educational purposes, in accordance with the provisions of sections 25-30 of P.L.2007, c.244 (C.45:1-45 et seq.).
(cf: P.L.2007, c.244, s.26)
4. Section 28 of P.L.2007, c.244 (C.45:1-48) is amended to read as follows:
28. Immunity from liability.
a. The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner shall be immune from civil liability arising from compliance with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
(cf: P.L.2007, c.244, s.28)
5. Section 29 of P.L.2007, c.244 (C.45:1-49) is amended to read as follows:
29. Penalties.
a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21) and may be subject to a civil penalty in an amount not to exceed $1,000 for repeated failure to comply with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. (1) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner, or any other person or entity who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be subject to a civil penalty in an amount not to exceed $10,000.
(2) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
c. A penalty imposed under this section shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2007, c.244, s.29)
6. (New section) a. Except as provided in subsection b. of this section, a practitioner or pharmacist, as applicable, shall not prescribe or dispense a controlled dangerous substance without first accessing the prescription monitoring information, as authorized pursuant to section 26 of P.L.2007, c.244 (C.45:1-46), to determine if the patient has received other prescriptions that indicate misuse, abuse, or diversion.
b. The provisions of subsection a. of this section shall not apply to:
(1) a veterinarian;
(2) a practitioner or the practitioner's agent administering methadone, or another controlled dangerous substance designated by the director as appropriate for treatment of a patient with a substance abuse disorder, as interim treatment for a patient on a waiting list for admission to an authorized substance abuse treatment program;
(3) a practitioner administering a controlled dangerous substance directly to a patient;
(4) a practitioner prescribing or ordering a controlled dangerous substance to be dispensed by an institutional pharmacy, as defined in N.J.A.C.13:39-9.2;
(5) a practitioner prescribing a controlled dangerous substance in the emergency department of a general hospital, provided that the quantity prescribed does not exceed a five day supply if the controlled dangerous substance were used in accordance with the directions for use;
(6) a practitioner prescribing a controlled dangerous substance to a patient under the care of a hospice;
(7) a practitioner when it is not reasonably possible for the practitioner to access the registry in a timely manner, no other practitioner or designee authorized to access the registry is reasonably available, and the quantity of controlled dangerous substance prescribed does not exceed a five day supply if the controlled dangerous substance were used in accordance with the directions for use;
(8) a practitioner acting in compliance with regulations promulgated by the director as to circumstances under which consultation of the registry would result in a patient's inability to obtain a prescription in a timely manner, thereby adversely impacting the medical condition of the patient;
(9) a situation where the registry is not operational as determined by the division or where it cannot be accessed by the practitioner due to a temporary technological or electrical failure, as set forth in regulation; or
(10) a practitioner who has been granted a waiver due to technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner, pursuant to a process established in regulation, and in the discretion of the director.
7. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Director of the Division of Consumer Affairs may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill revises various statutory provisions related to the Prescription Monitoring Program (PMP), including implementing the recommendations of the Task Force on Heroin and Other Opiate Use by New Jersey's Youth and Young Adults, convened by the Governor's Council on Alcoholism and Drug Abuse. The PMP is an electronic system for monitoring controlled dangerous substances dispensed in or into the State in outpatient settings, administered by the Division of Consumer Affairs in the Department of Law and Public Safety.
The bill requires that pharmacies submit prescription monitoring information to the PMP on a real-time basis. Currently, pharmacies submit information every 14 days. As of March 2014, New York and Oklahoma are the only two states that require real-time reporting to their state PMPs.
The bill adds a provision requiring that the division evaluate whether any person is obtaining a prescription in a manner indicative of misuse, abuse, or diversion of a controlled dangerous substance. If there is indication that a person is obtaining a prescription for the same or similar drug from multiple practitioners or pharmacists during the same time period, the division may provide prescription monitoring information about that person to practitioners and pharmacists. In addition, the bill directs the division to evaluate whether any violation of law or regulations, or a breach of a standard of practice by any person may have occurred, including possible diversion of controlled dangerous substances. If the division determines that such a violation or breach may have occurred, the division is to notify the appropriate law enforcement agency or professional licensing board and provide relevant information for an investigation.
The bill also revises current provisions that provide for access to the PMP. Specifically, the bill would require that pharmacists and practitioners register to participate in the prescription monitoring program. The division would provide pharmacists with login credentials for the purposes of entering data, and online access to prescription monitoring information for purposes of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The director would ensure that the program allows prescribers to input any information related to a prescription.
The bill also requires the division to provide prescription monitoring information to a practitioner for the purpose of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The division would grant access to as many licensed health care professionals as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information, subject to a limit on the number of such health care professionals as deemed appropriate by the division for that particular type and size of professional practice, in order to minimize the burden to practitioners to the extent practicable while protecting the confidentiality of the prescription monitoring information obtained. The director would establish, by regulation, the terms and conditions under which a practitioner may delegate that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, and such other matters as the division may deem appropriate. The division would be required to develop software that, consistent with all applicable privacy requirements, allows patient medical records to be automatically populated with the patient's complete prescription history.
In addition, the division is permitted to provide online access to the following:
-- authorized personnel of the division, vendors, and contractors responsible for maintaining the PMP;
-- authorized personnel of the division responsible for administration and enforcement of the "New Jersey Controlled Dangerous Substances Act";
-- the State Medical Examiner, a county medical examiner, or a deputy or assistant county medical examiner investigating a death; and
-- controlled dangerous substance monitoring programs in other states with which the division has established interoperability agreements (if required by those states), or which participate with the division in a system that facilitates secure sharing of information between states;
-- a designated representative of any state professional licensing board that regulates the practice of persons authorized to prescribe or dispense controlled dangerous substances, for purposes investigating a specific professional regulated by that board;
-- a State, federal, or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient;
-- a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient;
-- a properly convened grand jury pursuant to a subpoena properly issued for the records; and
-- a licensed mental health practitioner providing treatment for substance abuse to patients at a licensed residential or outpatient substance abuse treatment center, who certifies that the request is for the purpose of providing treatment to a current patient and who furnishes written consent of the patient to obtain the information. The bill provides that a mental health practitioner is not required to access or check the prescription monitoring information in the course of treatment beyond that which may be required as part of the practitioner's professional practice.
Under the bill, prescribers and pharmacists would be prohibited from prescribing or dispensing a controlled dangerous substance without first accessing the prescription monitoring information, to determine if the patient has received other prescriptions that indicate misuse, abuse, or diversion. This requirement would not apply to:
-- a veterinarian;
-- a practitioner or the practitioner's agent administering methadone, or another controlled dangerous substance designated by the director as appropriate for treatment of a patient with a substance abuse disorder, as interim treatment for a patient on a waiting list for admission to an authorized substance abuse treatment program;
-- a practitioner administering a controlled dangerous substance directly to a patient;
-- a practitioner prescribing or ordering a controlled dangerous substance to be dispensed by an institutional pharmacy;
-- a practitioner prescribing a controlled dangerous substance in the emergency department of a general hospital, provided that the quantity prescribed does not exceed a five day supply if the controlled dangerous substance were used in accordance with the directions for use;
-- a practitioner prescribing a controlled dangerous substance to a patient under the care of a hospice;
-- a practitioner when it is not reasonably possible for the practitioner to access the registry in a timely manner, no other practitioner or designee authorized to access the registry is reasonably available, and the quantity of controlled dangerous substance prescribed does not exceed a five day supply if the controlled dangerous substance were used in accordance with the directions for use;
-- a practitioner acting in compliance with regulations promulgated by the director as to circumstances under which consultation of the registry would result in a patient's inability to obtain a prescription in a timely manner, thereby adversely impacting the medical condition of the patient;
-- a situation where the registry is not operational as determined by the division or where it cannot be accessed by the practitioner due to a temporary technological or electrical failure, as set forth in regulation; or
-- a practitioner who has been granted a waiver due to technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstances demonstrated by the practitioner, pursuant to a process established in regulation, and in the discretion of the director.
The bill authorizes the division to request and receive prescription monitoring information from prescription monitoring programs in other states and to use that information for the purposes of the PMP. The bill specifies that a memorandum of understanding is not required, unless by the other state in question. The division would be required to establish new information sharing agreements with other states as expeditiously as possible.
The bill amends the immunity and penalty provisions of the law governing the PMP to include mental health practitioners and other licensed health care professionals who would be newly granted access to PMP information under the bill.
