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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 ENROLLED
SENATE BILL NO. 112
BY SENATOR JOHNS
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) are 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
certification, or regulatory agencies may utilize prescription monitoring information18
in the course of any investigation and subsequent criminal and administrative19
proceedings, but only in accordance with federal and state law and the requirements20
of this Part.21
B. The board shall maintain procedures to ensure that the privacy and22
confidentiality of patients and patient information collected, recorded, transmitted,23
and maintained is not disclosed to persons or entities except as in Subsections C, D,24
E, F, and G, H, and I of this Section.25
* * *26
G. The board may provide prescription monitoring information in27
ACT No. 352 SB NO. 112 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
response to queries from prescription monitoring programs located in other1
states, through its participation in a secure interstate data exchange system.2
However, the board shall not provide prescription monitoring information to3
prescription monitoring programs located in other states unless the laws of the4
state receiving the information provide at a minimum both of the following:5
(1) That the prescription monitoring information is protected health6
information, not subject to the Public Records Law, and not subject to7
disclosure.8
(2)That the prescription monitoring information shall not be subject to9
civil subpoena, nor shall such information be disclosed, discoverable, or10
compelled to be produced in any civil proceeding, nor shall such records be11
deemed admissible as evidence in any civil proceeding for any reason.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
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: