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ACT No. 488
Regular Session, 2010
HOUSE BILL NO. 1095
BY REPRESENTATIVE MILLS
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
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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
* * *27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 ENROLLEDHB NO. 1095
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: