2017 Regular Session ENROLLED
SENATE BILL NO. 96
BY SENATORS JOHNS AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 40:1007(A), (B), the introductory paragraph of (E), the
3 introductory paragraph of (F), (I), and (J), 1008(A), and 1009(A) and (B) and to
4 enact R.S. 40:1003(15) and 1007(E)(5), (6), and (7), and (K), relative to the
5 prescription monitoring program; to provide for definitions; to provide for access to
6 prescription monitoring information; to provide for immunity; to provide for
7 education and training; to provide for penalties; to provide for an effective date; and
8 to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1007(A), (B), the introductory paragraph of (E), the introductory
11 paragraph of (F), (I), and (J), 1008(A), and 1009(A) and (B) are hereby amended and
12 reenacted and R.S. 40:1003(15) and 1007(E)(5), (6), and (7), and (K) are hereby enacted to
13 read as follows:
14 §1003. Definitions
15 As used in this Part, the following terms shall have the meaning ascribed to
16 them unless the context clearly indicates otherwise:
17 * * *
ACT No. 241
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1 (15)(a) "Audit trail information" means information submitted or
2 produced regarding requests for prescription monitoring program data that the
3 board or other individual as specified by this Part uses to help monitor
4 compliance with this Part and other applicable statutes, rules, or regulations.
5 (b) "Audit trail information" shall not include any information
6 produced or requested by the Louisiana legislative auditor.
7 * * *
8 §1007. Access to prescription monitoring information and audit trail information
9 A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section,
10 prescription monitoring information submitted to the board and audit trail
11 information shall be protected health information, not subject to public or open
12 records law, including but not limited to R.S. 44:1 et seq., and not subject to
13 disclosure. Prescription monitoring information and audit trail information shall
14 not be available for civil subpoena from the board nor shall such information be
15 disclosed, discoverable, or compelled to be produced in any civil proceeding nor
16 shall such records be deemed admissible as evidence in any civil proceeding for any
17 reason. Notwithstanding this provision, law enforcement and professional licensing,
18 certification, or regulatory agencies may utilize prescription monitoring information
19 and audit trail information in the course of any investigation and subsequent
20 criminal and administrative proceedings, but only in accordance with federal and
21 state law and the requirements of this Part.
22 B. The board shall maintain procedures to ensure that the privacy and
23 confidentiality of patients and patient information collected, recorded, transmitted,
24 and maintained, as well as audit trail information, is not disclosed to persons or
25 entities except as in Subsections C, D, E, F, G, H, and I, and J of this Section.
26 * * *
27 E. The following persons, after successful completion of the educational
28 courses identified in R.S. 40:1008, may access prescription monitoring information
29 at no cost and in the same or similar manner, and for the same or similar purposes,
30 as those persons are authorized to access similar protected health information under
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1 federal and state law and regulation:
2 * * *
3 (5) A medical examiner or coroner, or a delegate thereof, for the purpose
4 of investigating an individual's death.
5 (6) A licensed substance abuse addiction counselor providing services as
6 part of a state-licensed substance abuse or addiction treatment program.
7 (7) A probation or parole officer for the purpose of monitoring an
8 offender's compliance with participation in a drug diversion program or with
9 other conditions of probation or parole related to monitored drugs.
10 F. The board may provide a report containing prescription monitoring
11 information upon application of local, state, out-of-state, and federal law
12 enforcement or prosecutorial officials, including judicially supervised specialty
13 courts within the criminal justice system that are authorized by the Louisiana
14 Supreme Court, engaged in the administration, investigation, or enforcement of the
15 laws governing controlled substances or other drugs of concern in compliance with
16 and as limited by the relevant requirements of any of the following:
17 * * *
18 I. The board may provide prescription monitoring information to an
19 individual who requests his personal prescription monitoring information in
20 accordance with procedures established by board regulation. the following in
21 accordance with procedures established by board regulation:
22 (1) An individual who requests his personal prescription monitoring
23 information.
24 (2) A parent, legal guardian, or legal healthcare agent, for the purpose
25 of reviewing the history of monitored drugs dispensed to a child or an individual
26 for whom the agent makes healthcare decisions, to the extent consistent with
27 federal and state confidentiality laws and regulations.
28 (3) An executor of a will, or a court-appointed succession representative
29 of an estate, for the purpose of reviewing the history of monitored drugs
30 dispensed to a deceased individual.
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1 J. The board and the advisory council shall be immune from civil liability
2 arising from inaccuracy of any of the information submitted to the board pursuant
3 to this Part. The board may disclose audit trail information to individuals
4 identified in Paragraph (E)(2) and Subsections F and I of this Section for use in
5 an active investigation of an individual who submitted requests for prescription
6 monitoring information.
7 K.(1) The board and advisory council shall not be subject to civil
8 liability, administrative action, or other legal or equitable relief for any of the
9 following:
10 (a) Failure to possess prescription monitoring information that was not
11 reported to the board.
12 (b) Release of prescription monitoring information or audit trail
13 information that was factually incorrect.
14 (c) Release of prescription monitoring information or audit trail
15 information to the wrong person or entity.
16 (d) Unlawful access to prescription monitoring information by an
17 individual, or unlawful disclosure or use of prescription monitoring information
18 by an individual who requested and received prescription monitoring
19 information pursuant to this Section.
20 (2) A dispenser or reporting agent shall not be subject to civil liability,
21 administrative action, or other legal or equitable relief for reporting
22 prescription monitoring information to the board.
23 (3) A prescriber, dispenser, or other individual, agency, or entity in
24 proper possession of prescription monitoring information or audit trail
25 information pursuant to this Part shall not be subject to civil liability,
26 administrative action, or other legal or equitable relief for accessing, using, or
27 disclosing prescription monitoring information or audit trail information
28 pursuant to the provisions of this Section.
29 §1008. Education and treatment
30 A. The board shall, in consultation with and upon the recommendation of the
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1 advisory council, implement the following education courses:
2 (1) An orientation course during the implementation phase of the prescription
3 monitoring program.
4 (2) A course for persons who are authorized to access the prescription
5 monitoring information, but who did not participate in the orientation course.
6 (3) A course for persons who are authorized to access the prescription
7 monitoring information, but who have violated the laws or breached occupational
8 standards involving the prescribing, dispensing, or use of any controlled substances
9 or drugs monitored by the prescription monitoring program.
10 (4)(2) A continuing education course for health care healthcare providers or
11 professionals on prescribing practices, pharmacology, and the identification,
12 treatment, and referral of a patient addicted to or abusing controlled substances or
13 drugs monitored by the prescription monitoring program.
14 * * *
15 §1009. Unlawful acts and penalties
16 A. A dispenser who fails to submit prescription monitoring information to the
17 board as required by this Part, or who fails to correct or amend data after
18 notification by the board, shall be referred to the appropriate professional licensing,
19 certification, or regulatory agency for administrative sanctions as deemed
20 appropriate by that agency.
21 B. A person or entity authorized to possess prescription monitoring
22 information pursuant to this Part who knowingly accesses or discloses such
23 information in violation of this Part shall be referred to the appropriate professional
24 licensing, certification, or regulatory agency for administrative sanctions as deemed
25 appropriate by that agency and may, upon criminal conviction, be imprisoned, with
26 or without hard labor, for not more than five years, and in addition, may be fined not
27 more than five thousand dollars.
28 * * *
29 Section 2. This Act shall become effective upon signature by the governor or, if not
30 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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