The original instrument was prepared by Christine Arbo Peck. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Cheryl
M. Serrett.
DIGEST
SB 96 Reengrossed 2017 Regular Session Johns
Present law provides for access to prescription monitoring information.
Proposed law establishes a definition for "audit trail information".
Proposed law provides for access to prescription monitoring information and audit trail information.
Present law provides statutory authority for certain specific individuals to have access to prescription
monitoring program information including persons authorized to prescribe or dispense controlled
dangerous substances, designated representatives from health professional licensing boards that
regulate prescribers and dispensers, designated representatives from Louisiana Medicaid, and the
designated vendor managing the prescription monitoring program for the Board of Pharmacy.
Proposed law adds medical examiners, coroners, licensed substance abuse addiction counselors, and
probation and parole officers to those who may access prescription monitoring program information
in certain circumstances.
Proposed law adds judicially supervised specialty courts within the criminal justice system that are
authorized by the Louisiana Supreme Court to the list of law enforcement and judicial entities that
may obtain limited data in report form from the prescription monitoring program.
Proposed law provides that the board may provide prescription monitoring program information in
limited circumstances to individuals, parents, legal guardians, legal health care agents, and executors
of a will or a court-appointed succession representative of an estate.
Proposed law provides that audit trail information may be disclosed to certain individuals in the
course of an investigation.
Present law provides a limitation of liability to the board and advisory council arising from
inaccuracy of any information submitted to the board.
Proposed law expands and clarifies the limitation of liability to include failure to possess prescription
monitoring information that was not reported to the board, release of information that was factually
incorrect and release of information to the wrong person.
Present law provides for an orientation course during implementation of the prescription monitoring
program and a course for those who missed orientation. Proposed law repeals references to orientation training but retains other trainings on prescribing
practices.
Present law provides penalties for a dispenser who fails to submit prescription monitoring
information to the board and who knowingly discloses prescription monitoring information in
violation of the law.
Proposed law expands the penalties to also include instances where a dispenser fails to correct or
amend data after notification by the board and where he knowingly accesses prescription monitoring
information in violation of the law.
Effective upon signature of the governor or upon lapse of gubernatorial action.
(Amends R.S. 40:1007(A), (B), (E)(intro para), (F)(intro para), (I), and (J), 1008(A), and 1009(A)
and (B); adds R.S. 40:1003(15) and 1007(E)(5), (6), and (7), and (K))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Provides that audit trail information shall not include any information
produced or requested by the Louisiana legislative auditor.
2. Provides that judicially supervised specialty courts within the criminal justice
system that are authorized by the Louisiana Supreme Court are included in
the list of law enforcement and judicial entities that may obtain limited data
in report form from the prescription monitoring program.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds a court-appointed succession representative of an estate to the list of
individuals that the board may provide limited data to on the prescription monitoring
program.
2. Makes Legislative Bureau technical amendments.