RDCSB96 2270 2856
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)]
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 La. Medicaid, and the designated vendor managing the prescription
monitoring program for the Board of Pharmacy (board).
Proposed law adds medical examiners, coroners, licensed substance abuse or 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 La. 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 authorizes the board to provide prescription monitoring program information
in limited circumstances to individuals, parents, legal guardians, legal healthcare 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.
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(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.
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the reengrossed bill:
1. Make technical changes.
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