Arkansas 2023 Regular Session

Arkansas House Bill HB1250 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 67 of the Regular Session
3	2		JMB091 1/25/2023 11:41:47 AM JMB091
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1250 3
8	7		4
9	8		By: Representative L. Johnson 5
10	9		By: Senators J. Boyd, Irvin 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE PRESCRIPTION DRUG MO NITORING 9
14	13		PROGRAM ADVISORY COM MITTEE; TO AMEND THE 10
15	14		CONFIDENTIALITY OF A ND THE PROVIDING OF INFORMATION 11
16	15		BY THE PRESCRIPTION DRUG MONITORING PROG RAM; AND FOR 12
17	16		OTHER PURPOSES. 13
18	17		14
19	18		15
20	19		Subtitle 16
21	20		TO AMEND THE PRESCRIPTION DRUG MONITORING 17
22	21		PROGRAM ADVISORY COMMITTEE; AND TO AMEND 18
23	22		THE CONFIDENTIALITY OF AND THE PROVIDING 19
24	23		OF INFORMATION BY THE PRESCRIPTION DRUG 20
25	24		MONITORING PROGRAM. 21
26	25		22
27	26		23
28	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29	28		25
30	29		SECTION 1. Arkansas Code § 20 -7-605(c), concerning the creation and 26
31	30		members of the Prescription Drug Monitoring Program Advisory Committee, is 27
32	31		amended to read as follows: 28
33	32		(c) The committee shall consist of: 29
34	33		(1) One (1) representative designated by ea ch of the following 30
35	34		organizations: 31
36	35		(A) The Arkansas Academy of Physician Assistants, Inc.; 32
37	36		(B) The Arkansas Association of Chiefs of Police; 33
38	37		(C) The Arkansas Drug Director; 34
39	38		(D) The Arkansas Medical Society, Inc.; 35
40	39		(E) The Arkansas Nurses Association; 36 HB1250
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45	44		(F) The Arkansas Optometric Association, Inc.; 1
46	45		(G) The Arkansas Osteopathic Medical Association; 2
47	46		(H) The Arkansas Pharmacist's Association; 3
48	47		(I) The Arkansas Podiatric Medical Association, Inc.; 4
49	48		(J) The Arkansas Prosecuting Attorneys Association; 5
50	49		(K) The Arkansas Sheriffs' Association; 6
51	50		(L) The Arkansas State Dental Association; 7
52	51		(M) The Arkansas Veterinary Medical Association; 8
53	52		(N) The State Board of Health; and 9
54	53		(O) The Arkansas Public Defender Commission; 10
55	54		(2) One (1) mental health provider or certified drug and alcohol 11
56	55		counselor; 12
57	56		(3) One (1) consumer appointed by the Governor; 13
58	57		(4) One (1) obstetrician and gynecologist licensed by the 14
59	58		Arkansas State Medical Board and designated by the Department of Health; 15
60	59		(5) One (1) member of the Arkansas Opioid Recovery Partnership 16
61	60		designated by the Department of Health; 17
62	61		(6) The Chair of the Arkansas State Medical Board or his or her 18
63	62		designee who is also a member of the Arkansas State Medical Board; and 19
64	63		(5)(7) The President of the Arkansas State Board of Dental 20
65	64		Examiners or his or her designee who is also a member of the Arkansas State 21
66	65		Board of Dental Examiners. 22
67	66		23
68	67		SECTION 2. Arkansas Code § 20 -7-606(b)(2), concerning the 24
69	68		confidentiality of the Prescript ion Drug Monitoring Program, is amended to 25
70	69		read as follows: 26
71	70		(2) Information in the controlled substances database may be 27
72	71		accessed by: 28
73	72		(A) A certified law enforcement officer pursuant to a 29
74	73		criminal investigation but only after the law enforcement off icer obtains a 30
75	74		search warrant signed by a judge that demonstrates probable cause to believe 31
76	75		that a violation of federal or state criminal law has occurred, that 32
77	76		specified information contained in the database would assist in the 33
78	77		investigation of the crime, and that the specified information should be 34
79	78		released to the certified law enforcement officer; 35
80	79		(B) A regulatory body engaged in the supervision of 36 HB1250
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85	84		activities of licensing or regulatory boards of practitioners authorized to 1
86	85		prescribe or dispense contr olled substances; 2
87	86		(C) A person or entity investigating a case involving 3
88	87		breaches of privacy involving the database or its records; 4
89	88		(D) A certified law enforcement prescription drug 5
90	89		diversion investigator of a qualified law enforcement agency; 6
91	90		(E) A practitioner within the Arkansas Medicaid 7
92	91		prescription drug program; 8
93	92		(F) The Department of Human Services or the Crimes Against 9
94	93		Children Division if: 10
95	94		(i) The purpose of the database access is related to 11
96	95		an investigation under the Child Maltre atment Act, § 12-18-101 et seq., and 12
97	96		not pursuant to a criminal investigation by a certified law enforcement 13
98	97		officer; and 14
99	98		(ii) The Department of Human Services has obtained a 15
100	99		circuit court order to access the database under § 12 -18-622; or 16
101	100		(G) The Office of Medicaid Inspector General for review 17
102	101		and investigation of fraud, waste, and abuse within the Arkansas Medicaid 18
103	102		prescription drug program if access is limited to beneficiaries of the 19
104	103		Arkansas Medicaid prescription drug program ; or 20
105	104		(H) The State Medical Examiner as authorized by law to 21
106	105		investigate causes of deaths for cases under investigation pursuant to his or 22
107	106		her official duties and responsibilities . 23
108	107		24
109	108		SECTION 3. Arkansas Code § 20 -7-607(b), concerning providing 25
110	109		prescription monitoring inf ormation from the Prescription Drug Monitoring 26
111	110		Program, is amended to read as follows: 27
112	111		(b) The department shall provide information in the program upon 28
113	112		request and at no cost only to the following persons: 29
114	113		(1)(A) A person authorized to prescribe or di spense controlled 30
115	114		substances for the purpose of providing medical or pharmaceutical care for 31
116	115		his or her patients or for reviewing information regarding prescriptions that 32
117	116		are recorded as having been issued or dispensed by the requester. 33
118	117		(B) An agent or employee of the prescriber or dispenser to 34
119	118		whom the prescriber or dispenser has delegated the task of assessing the data 35
120	119		described in this subsection, but only if the agent or employee has been 36 HB1250
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125	124		granted access by a delegate account; 1
126	125		(2) A patient who re quests his or her own prescription 2
127	126		monitoring information; 3
128	127		(3) A parent or legal guardian of a minor child who requests the 4
129	128		minor child's program information; 5
130	129		(4)(A) A designated representative of a professional licensing 6
131	130		board of the professions of the healing arts representing healthcare 7
132	131		disciplines whose licensees are prescribers pursuant to an investigation of a 8
133	132		specific individual, entity, or business licensed or permitted by the 9
134	133		licensing board. 10
135	134		(B) Except as permitted by subdivision (a)(2) of this 11
136	135		section, the department shall provide information under subdivision (b)(4)(A) 12
137	136		of this section only if the requesting licensing board states in writing that 13
138	137		the information is necessary for an investigation; 14
139	138		(5) The State Medical Examiner as auth orized by law to 15
140	139		investigate causes of deaths for cases under investigation pursuant to his or 16
141	140		her official duties and responsibilities A mortality review recognized by the 17
142	141		department; 18
143	142		(6) Local, state, and federal law enforcement or prosecutorial 19
144	143		officials engaged in the administration, investigation, or enforcement of the 20
145	144		laws governing controlled substances required to be submitted under this 21
146	145		subchapter pursuant to the agency's official duties and responsibilities; and 22
147	146		(7) Personnel of the department for purposes of administration 23
148	147		and enforcement of this subchapter. 24
149	148		25
150	149		26
151		-	~~APPROVED: 2/13/23~~ 27
	150	+	27
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