RÉSUMÉ DIGEST
ACT 241 (SB 96) 2017 Regular Session Johns
Prior law provided for access to prescription monitoring information.
New law establishes a definition for "audit trail information".
New law provides for access to prescription monitoring information and audit trail
information.
Prior law provided 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).
New 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.
New 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.
New 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.
New law provides that audit trail information may be disclosed to certain individuals in the
course of an investigation.
Prior law provided a limitation of liability to the board and advisory council arising from
inaccuracy of any information submitted to the board.
New 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.
Prior law provided for an orientation course during implementation of the prescription
monitoring program and a course for those who missed orientation.
New law repeals references to orientation training but retains other trainings on prescribing
practices.
Prior law provided 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.
New 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 (June 14, 2107).
(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))