SLS 12RS-464 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 112
BY SENATOR JOHNS
INTERGOVERN RELATIONS. Authorizes sharing of prescription monitoring program
information with prescription monitoring programs located in other states. (8/1/12)
AN ACT1
To amend and reenact R.S. 40:1007(A), (B), (G), and (H), and to enact R.S. 40:1007(I) and2
(J), relative to the Louisiana Board of Pharmacy; relative to the Uniform Controlled3
Dangerous Substance Law; to provide for access to prescription monitoring program4
information; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1007(A), (B), (G), and (H) are hereby amended and reenacted and7
R.S. 40:1007(I) and (J) is hereby enacted to read as follows: 8
ยง1007. Access to prescription monitoring information9
A. Except as provided in Subsections C, D, E, F, and G, H, and I of this10
Section, prescription monitoring information submitted to the board shall be11
protected health information, not subject to public or open records law, including but12
not limited to R.S. 44:1 et seq., and not subject to disclosure. Prescription monitoring13
information shall not be available for civil subpoena nor shall such information be14
disclosed, discoverable, or compelled to be produced in any civil proceeding nor15
shall such records be deemed admissible as evidence in any civil proceeding for any16
reason. Notwithstanding this provision, law enforcement and professional licensing,17 SB NO. 112
SLS 12RS-464 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
certification, or regulatory agencies may utilize prescription monitoring information1
in the course of any investigation and subsequent criminal and administrative2
proceedings, but only in accordance with federal and state law and the requirements3
of this Part.4
B. The board shall maintain procedures to ensure that the privacy and5
confidentiality of patients and patient information collected, recorded, transmitted,6
and maintained is not disclosed to persons or entities except as in Subsections C, D,7
E, F, and G, H, and I of this Section.8
* * *9
G. The board may provide prescription monitoring information in10
response to queries from prescription monitoring programs located in other11
states, through its participation in a secure interstate data exchange system.12
H. The board may provide prescription monitoring information to13
authorized users of the prescription monitoring program via a state health14
information exchange or other third party conduit that has been approved by15
the board.16
G I. The board may provide prescription monitoring information to an17
individual who requests his personal prescription monitoring information in18
accordance with procedures established by board regulation.19
H J. The board and the advisory council shall be immune from civil liability20
arising from inaccuracy of any of the information submitted to the board pursuant21
to this Part.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Present law provides that prescription monitoring information will be protected health
information not subject to disclosure with certain limited exceptions.
Proposed law retains present law and adds the following two exceptions wherein the board
may provide prescription monitoring information:
In response to queries from prescription monitoring programs located in other states, through
its participation in a secure interstate data exchange system. SB NO. 112
SLS 12RS-464 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
To authorized users of the prescription monitoring program via a state health information
exchange or other third party conduit that has been approved by the board.
Effective August 1, 2012.
(Amends R.S. 40:1007(A), (B), (G), and (H); adds R.S. 40:1007(I) and (J))