HB69ENROLLED
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HB69
IB1FZZ6-2
By Representative McCampbell
RFD: Health
First Read: 06-Feb-24
PFD: 30-Jan-24
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PFD: 30-Jan-24
Enrolled, An Act,
Relating to controlled substances; to amend Section
20-2-214, Code of Alabama 1975, to allow the Controlled
Substances Prescription Database to be accessed by up to two
employees of a licensed dentist who may access the database on
behalf of the dentist who is approved by the Alabama
Department of Public Health and who has authority to
prescribe, dispense, or administer controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 20-2-214, Code of Alabama 1975, is
amended to read as follows:
"§20-2-214
(a) The following individuals or entities shall be
permitted access to the information in the controlled
substances database, subject to the limitations indicated
below:
(1) Authorized representatives of the certifying
boards; provided, however, that access shall be limited to
information concerning the licensees of the certifying board,
however, authorized representatives from the Board of Medical
Examiners may access the database to inquire about certified
registered nurse practitioners (CRNPs), or certified nurse
midwives (CNMs) that hold a Qualified Alabama Controlled
Substances Registration Certificate (QACSC).
(2) A licensed practitioner approved by the department
who has authority to prescribe, dispense, or administer
controlled substances. The licensed practitioner's access
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controlled substances. The licensed practitioner's access
shall be limited to information concerning himself or herself,
registrants who possess a Qualified Alabama Controlled
Substances Registration Certificate over whom the practitioner
exercises physician supervision or with whom he or she has a
joint practice agreement, a certified registered nurse
practitioner and a certified nurse midwife with a Qualified
Alabama Controlled Substances Registration Certificate over
whom the practitioner exercises professional oversight and
direction pursuant to an approved collaborative practice
agreement, a current patient of the practitioner, and
individuals seeking treatment from the practitioner.
Practitioners shall have no requirement or obligation under
this article to access or check the information in the
controlled substances database prior to prescribing,
dispensing, or administering medications or as part of their
professional practice. However, the applicable licensing
boards may impose such a requirement or obligation by rule.
(3) Up to two employees designated by a licensed
physician approved by the department who has authority to
prescribe, dispense, or administer controlled substances, who
may access the database on the physician's behalf.
(4) Up to two employees designated by a licensed
dentist approved by the department who has authority to
prescribe, dispense, or administer controlled substances, who
may access the database on the dentist's behalf.
(4)(5) A licensed certified registered nurse
practitioner or a licensed certified nurse midwife approved by
the department who is authorized to prescribe, administer, or
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the department who is authorized to prescribe, administer, or
dispense pursuant to a Qualified Alabama Controlled Substances
Registration Certificate; provided, however, that access shall
be limited to information concerning a current or prospective
patient of the certified registered nurse practitioner or
certified nurse midwife.
(5)(6) A licensed assistant to physician approved by
the department who is authorized to prescribe, administer, or
dispense pursuant to a Qualified Alabama Controlled Substances
Registration Certificate; provided, however, that access shall
be limited to information concerning a current patient of the
assistant to the physician or an individual seeking treatment
from the assistant to physician.
(6)(7) A coroner, deputy coroner, or a licensed medical
examiner or the examiner's designee who is employed by the
Alabama Department of Forensic Sciences; provided, however,
that access shall be limited to information concerning an
investigation of the cause and manner of death of an
individual. No coroner or deputy coroner shall be granted
access to information pursuant to this subdivision unless he
or she has received and completed training provided by the
department and successfully passed a minimum standards exam
administered by the department.
(7)(8) A licensed pharmacist approved by the
department; provided, however, that access is limited to
information related to the patient or prescribing practitioner
designated on a controlled substance prescription that a
pharmacist has been asked to fill. Pharmacists shall have no
requirement or obligation to access or check the information
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requirement or obligation to access or check the information
in the controlled substances database prior to dispensing or
administering medications or as part of their professional
practices.
(8)(9) State and local law enforcement authorities as
authorized under Section 20-2-91, and federal law enforcement
authorities authorized to access prescription information upon
application to the department accompanied by a declaration
that probable cause exists for the use of the requested
information.
(9)(10) Employees of the department and consultants
engaged by the department to operate the controlled substances
database; provided, however, that access shall be limited to
operating and administering the database, conducting
departmental research when approved by the Information Release
Review Committee, and implementing a research request
authorized under subsection (b).
(10)(11) The prescription drug monitoring program of
any of the other states or territories of the United States,
if recognized by the Alliance for Prescription Drug Monitoring
Programs under procedures developed, certified, or approved by
the United States Department of Justice or the Integrated
Justice Information Systems Institute or successor entity
subject to or consistent with limitations for access
prescribed by this chapter for the Alabama Prescription Drug
Monitoring Program.
(11)(12) Authorized representatives of the Alabama
Medicaid Agency; provided, however, that access shall be
limited to inquiries concerning possible misuse or abuse of
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limited to inquiries concerning possible misuse or abuse of
controlled substances by Medicaid recipients.
(12)(13) Upon good cause shown to the State Health
Officer or his or her designee, authorized representatives of
the Board of Nursing may receive information concerning
licensees of the Board of Nursing; provided, however, that
requests shall be limited to information concerning a licensee
of the Board of Nursing who is the subject of an investigation
or disciplinary activity. Any certifying board, state or
federal law enforcement agency, or other individual or entity
authorized to access the information from the controlled
substances database pursuant to this article may share
information from the controlled substances database with the
Board of Nursing, provided that the information concerns a
licensee of the Board of Nursing who is the subject of an
investigation or disciplinary activity.
(b) Subject to the approval of the Information Release
Review Committee, the department may release or publish
de-identified aggregate statewide and regional information for
statistical, research, or educational purposes.
(1) Prior to being released or published, all
information that identifies, or could reasonably be used to
identify, a patient, a prescriber, a dispenser, or any other
person who is the subject of the information, shall be
removed, and at a minimum, such de-identification of the
information shall comply with 45 C.F.R. § 164.514(b)(2), as
amended.
(2) Release of information shall be made pursuant to a
written data use agreement between the requesting individual
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written data use agreement between the requesting individual
or entity and the department."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 22-Feb-24.
John Treadwell
Clerk
Senate 09-Apr-24 Passed
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