HB1193P-PRESCRIPTION DRUG MONITORING PROGRAM
Summary of the Perfected Version of the Bill

HCS HB 1193 -- PRESCRIPTION DRUG MONITORING PROGRAM ACT
(Frederick)

COMMITTEE OF ORIGIN:  Committee on Professional Registration and
Licensing

This substitute changes the laws regarding the dispensing of
controlled substances and establishes the Prescription Drug
Monitoring Program Act.

The substitute specifies that a pharmacist, in good faith, may
sell and dispense controlled substances to any person upon a
prescription of a licensed practitioner located in another state
if the prescription was issued in compliance with the applicable
laws of that state and the United States and it meets the
quantity limitations of this state.

The Prescription Drug Monitoring Program Act is established
which:

(1)  Requires the Department of Health and Senior Services to
establish and maintain a program to monitor the prescribing and
dispensing of all Schedule II through Schedule IV controlled
substances by all licensed professionals who prescribe or
dispense these substances in Missouri.  All funding must be from
gifts, grants, and donations;

(2)  Requires a dispenser to electronically submit to the
department specified information for each prescription in
accordance with transmission methods and frequency as established
by the department;

(3)  Allows the department to issue a waiver to a dispenser who
is unable to submit the required information electronically.  If
a waiver is obtained, a dispenser can submit the required
information in a paper format or by other approved means;

(4)  Requires the department to reimburse each dispenser for the
fees and other direct costs of transmitting the required
information;

(5)  Requires all submitted prescription information to be
confidential with specified exceptions.  The department must
review the dispensation information and, if there is reasonable
cause to believe a violation of law or breach of professional
standards may have occurred, must notify the appropriate law
enforcement or professional regulatory entity and provide
dispensation information required for an investigation;

(6)  Requires the department to maintain a registry of persons
who it has reasonable cause to believe may have violated the law
or been in breach of professional standards.  Any such person
identified will remain on the registry for a minimum of three
years;

(7)  Allows the department to release non-personal, general
information for statistical, educational, and research purposes;

(8)  Authorizes the department to contract with any other state
agency or with a private vendor, as necessary, to administer the
program;

(9)  Specifies that a person who violates a provision of the act
will be subject to an administrative penalty in the amount of
$1,000 for each violation;

(10)  Requires the department to implement educational courses
regarding the provisions of the act and, when appropriate, to
work with associations for impaired professionals to ensure the
intervention, treatment, and ongoing monitoring and followup of
patients who have been identified as being addicted to substances
monitored by the act and encourage them to receive addiction
treatment; and

(11)  Requires the Bureau of Narcotics and Dangerous Drugs within
the department to establish by January 1, 2014, a two-year
statewide pilot project for the reporting of fraudulently
obtained prescription controlled substances.  The bureau must
submit by February 1, 2014, and February 1, 2015, a report to the
General Assembly detailing specified information regarding the
pilot project.  Any person who in good faith reports to the
bureau will be immune from any civil or criminal liability as a
result of the reporting.

The substitute requires a physician assistant to include his or
her federal Drug Enforcement Administration registration number
on all prescriptions for controlled substances.

The provisions of the substitute regarding the Bureau of
Narcotics and Dangerous Drugs pilot project will expire three
years after the effective date and the remaining provisions of
the Prescription Drug Monitoring Program Act will expire six
years after the effective date.

FISCAL NOTE:  No impact on state funds in FY 2013, FY 2014, and
FY 2015.

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Missouri House of Representatives
Last Updated March 6, 2012 at 8:05 pm