HLS 14RS-945 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 275
BY REPRESENTATIVE GREENE
DRUGS/PRESCRIPTION: Provides with respect to the subpoenaing of prescription
monitoring information
AN ACT1
To amend and reenact R.S. 40:1007(A), (B), (F), and (J) and 1013(D) and to enact R.S.2
40:1007(K) and 1013(E), relative to the prescription monitoring program; to3
authorize the release of prescription monitoring information in response to a4
subpoena in a child custody or visitation case; to provide for admissibility of5
prescription monitoring information as evidence in a child custody or visitation case;6
to authorize the collection of fees for the reproduction of prescription monitoring7
information pursuant to a subpoena in a child custody or visitation case; to make8
technical changes; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1007(A), (B), (F), and (J) and 1013(D) are hereby amended and11
reenacted and R.S. 40:1007(K) and 1013(E) are hereby enacted to read as follows: 12
§1007. Access to prescription monitoring information13
A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section,14
prescription monitoring information submitted to the board shall be protected health15
information, not subject to public or open records law, including but not limited to16
R.S. 44:1 et seq., and not subject to disclosure. Prescription Except as provided in17
Subsection J of this Section, prescription monitoring information shall not be18
available for civil subpoena nor shall such information be disclosed, discoverable,19
or compelled to be produced in any civil proceeding nor shall such records be20 HLS 14RS-945 ORIGINAL
HB NO. 275
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deemed admissible as evidence in any civil proceeding for any reason.1
Notwithstanding this provision, law enforcement and professional licensing,2
certification, or regulatory agencies may utilize prescription monitoring information3
in the course of any investigation and subsequent criminal and administrative4
proceedings, but only in accordance with federal and state law and the requirements5
of this Part.6
B. The board shall maintain procedures to ensure that the privacy and7
confidentiality of patients and patient information collected, recorded, transmitted,8
and maintained is not disclosed to persons or entities except as in Subsections C, D,9
E, F, G, H, I, and I J of this Section.10
* * *11
F. The board may provide a report containing prescription monitoring12
information upon application of local, state, out-of-state, and federal law13
enforcement or prosecutorial officials engaged in the administration, investigation,14
or enforcement of the laws governing controlled substances or other drugs of concern15
or in response to a validly issued subpoena within the limits of Subsection J of this16
Section in compliance with and as limited by the relevant requirements of any of the17
following:18
* * *19
J.(1) The board may provide prescription monitoring information pursuant20
to a validly issued subpoena when the prescription monitoring information relates21
to an individual who is a party to a proceeding for custody or visitation of a child and22
the requested information has a substantial bearing on the fitness of that person, but23
only in accordance with federal and state law and the requirements of this Part.24
(2) The prescription monitoring information provided pursuant to this25
Subsection shall be admissible as evidence only in a proceeding for custody or26
visitation of a child and only to the extent the information has a substantial bearing27
on the fitness of a party to the proceeding.28 HLS 14RS-945 ORIGINAL
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K. The board and the advisory council shall be immune from civil liability1
arising from inaccuracy of any of the information submitted to the board pursuant2
to this Part.3
* * *4
§1013. Funding authority5
* * *6
D. The board may levy and collect reasonable fees for the reproduction of7
any documents requested pursuant to a validly issued subpoena in accordance with8
R.S. 40:1007(J).9
E. The board shall not be required to fund any aspect of the prescription10
monitoring program.11
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)]
Greene HB No. 275
Abstract: Authorizes the release of prescription drug monitoring information pursuant to
a subpoena in a child custody or visitation proceeding.
Present law prohibits the disclosure of prescription monitoring information, except as
provided in present law.
Proposed law retains present law.
Present law provides that prescription monitoring information shall not be available for civil
subpoena nor shall such information be disclosed, discoverable, or compelled to be produced
in any civil proceeding nor shall such records be deemed admissible as evidence in any civil
proceeding for any reason.
Proposed law retains present law but adds an exception for prescription monitoring
information provided pursuant to a validly issued subpoena when the prescription
monitoring information relates to an individual who is a party to a proceeding for custody
or visitation of a child and the requested information has a substantial bearing on the fitness
of that person.
Proposed law provides that the prescription monitoring information shall be admissible as
evidence only in a proceeding for custody or visitation of a child and only to the extent the
information has a substantial bearing on the fitness of a party to the proceeding.
Present law authorizes the La. Board of Pharmacy (board) to provide a report containing
prescription monitoring information upon application of local, state, out-of-state, and federal
law enforcement or prosecutorial officials engaged in the administration, investigation, or HLS 14RS-945 ORIGINAL
HB NO. 275
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are additions.
enforcement of the laws governing controlled substances or other drugs of concern in
compliance with and as limited by the relevant requirements of any of the following:
(1)A court order or court-ordered warrant, or a subpoena or summons issued by a
judicial officer.
(2)A grand jury subpoena.
(3)An administrative request, including an administrative subpoena or summons, a civil
or an authorized investigative demand, or similar process authorized under law,
provided by law enforcement to the board, and further, provided all of the following:
(a)The information sought is relevant and material to a legitimate law
enforcement inquiry.
(b)The request is specific and limited in scope to the extent reasonably
practicable in light of the purpose for which the information is sought.
(c)De-identified information, or limited information that does not identify or
could not reasonably lead to the identification of an individual patient, could
not reasonably be used.
Proposed law retains present law and adds an authorization for a validly issued subpoena
in a proceeding for custody or visitation of a child when the prescription monitoring
information relates to an individual who is a party to the proceedings and the requested
information has a substantial bearing on the fitness of that person.
Present law provides immunity for the board and the advisory council from civil liability
arising from inaccuracy of any of the information submitted to the board pursuant to present
law.
Proposed law retains present law.
Proposed law authorizes the board to levy and collect reasonable fees for the reproduction
of any documents requested pursuant to a validly issued subpoena when the records sought
are for an individual who is a party to a proceeding for custody or visitation and the records
sought have a substantial bearing on the fitness of that individual.
Present law provides that the board shall not be required to fund any aspect of the
prescription monitoring program.
Proposed law retains present law.
(Amends R.S. 40:1007(A), (B), (F), and (J) and 1013(D); Adds R.S. 40:1007(K) and
1013(E))