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are additions.
Regular Session, 2010
HOUSE BILL NO. 1095
BY REPRESENTATIVE MILLS
PHARMACISTS: Provides relative to the reporting and accessing of prescription
monitoring information
AN ACT1
To amend and reenact R.S. 40:1006(B) and (E) and R.S. 40:1007(D), (E)(1) and (2), and2
(F)(introductory paragraph), relative to the Prescription Monitoring Program; to3
provide for reporting; to provide for access to information; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1006(B) and (E) and R.S. 40:1007(D), (E)(1) and (2), and7
(F)(introductory paragraph) are hereby amended and reenacted to read as follows: 8
§1006. Reporting of prescription monitoring information9
* * *10
B. Each dispenser shall submit the required information in accordance with11
transmission methods and frequency established by the board ; however, the12
frequency shall not be more than once per week. Each eligible prescription13
transaction shall be reported as soon as possible but in no event more than seven14
days after the date of dispensing.15
* * *16
E. The Prescription Monitoring Program's agents, a dispenser, or a prescriber17
may report suspected violations of this Section or violations of any law to any local,18
state, out-of-state, or federal law enforcement agency, or the appropriate19
prosecutorial agency for further investigation or prosecution.20
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§1007. Access to prescription monitoring information1
* * *2
D. The board shall provide prescription monitoring information to public or3
private entities, whether located in or outside of the state, for public research, policy,4
or educational purposes, but only after removing information that identifies or could5
be reasonably used to identify prescribers, dispensers, and individual patients or6
persons who received prescriptions from prescribers.7
E. The following persons, after successful completion of the educational8
courses identified in R.S. 40:1008, may access prescription monitoring information9
at no cost and in the same or similar manner, and for the same or similar purposes,10
as those persons are authorized to access similar protected health information under11
federal and state law and regulation:12
(1) Persons authorized to prescribe or dispense controlled substances or13
drugs of concern, for the purpose of providing medical or pharmaceutical care for14
their patients, or for verifying their prescribing records.15
(2) Designated representatives from the professional licensing, certification,16
or regulatory agencies of this state or another state charged with administrative17
oversight of those professionals engaged in the prescribing or dispensing of18
controlled substances or other drugs of concern.19
* * *20
F. The board may provide a report containing prescription monitoring21
information upon application of local, state, out-of-state, and federal law22
enforcement or prosecutorial officials engaged in the administration, investigation,23
or enforcement of the laws governing controlled substances or other drugs of concern24
in compliance with and as limited by the relevant requirements of any of the25
following:26
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 1095
Abstract: Provides for changes to the Prescription Monitoring Program. Changes the
deadline for reporting each eligible prescription transaction. Allows out-of-state law
enforcement agencies to receive any reports of suspected violations of the program.
Provides that the board shall remove identifying information for prescribers and
dispensers prior to sharing prescription monitoring information with public or private
entities for certain purposes. Allows access for persons verifying their prescribing
records and certain representatives from out-of-state agencies to receive prescription
monitoring information.
Present law provides that each prescription dispenser shall submit the required information
in accordance with transmission methods and frequency established by the board, not more
than once per week.
Proposed law changes present law to provide that each eligible prescription transaction shall
be reported as soon as possible but not more than seven days after the date of dispensing.
Present law provides that agents, dispensers, and prescribers of the Prescription Monitoring
Program may report suspected violations of the law to any local, state, or federal
enforcement agencies.
Proposed law retains present law and adds out-of-state law enforcement agencies to the list
of eligible agencies to receive reports of suspected violations.
Present law provides that the board shall provide prescription monitoring information to
public or private entities for public research, policy, or educational purposes only after
removing information that identifies individual patients or persons who received
prescriptions from prescribers.
Proposed law retains present law and adds prescribers and dispensers to those persons whose
identifying information must be removed before the board may share prescription
monitoring information with public or private entities for public research, policy, or
educational purposes.
Present law provides that persons who are authorized to prescribe or dispense controlled
substances or drugs of concern for the purpose of providing medical or pharmaceutical care
for their patients, may access prescription monitoring information after taking certain
educational courses.
Proposed law retains present law and adds that those persons may also access information
for the purpose of verifying their prescribing records.
Present law states that representatives from the professional licensing, certification, or
regulatory agencies of this state charged with oversight of those professionals engaged in
prescribing or dispensing controlled substances or other drugs of concern may access
prescription monitoring information after taking certain educational courses.
Proposed law retains present law and adds out-of-state regulatory agencies to the list of those
with access. HLS 10RS-1462 ENGROSSED
HB NO. 1095
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Present law provides that the La. Board of Pharmacy may provide a report containing
prescription monitoring information upon application of local, state, and federal law
enforcement agencies engaged in the administration, investigation, or enforcement of the
laws governing controlled substances or other drugs of concern, subject to certain
requirements.
Proposed law retains present law and adds out-of-state law enforcement agencies to the list.
(Amends R.S. 40:1006(B) and (E) and R.S. 40:1007(D), (E)(1) and (2), and (F)(intro. para.))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Added prescribers and dispensers to the list of persons whose identifying
information must be removed before the board may share prescription
monitoring information to public or private entities for public research, policy,
or educational purposes.
2. Made technical changes.