Revision: Jan. 18, 2019, 2:49 p.m.
SB 120 - AS INTRODUCED
2019 SESSION
19-0885
01/10
SENATE BILL 120
AN ACT relative to the controlled drug prescription health and safety program.
SPONSORS: Sen. Giuda, Dist 2; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Rep. Marsh, Carr. 8
COMMITTEE: Health and Human Services
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ANALYSIS
This bill makes changes to the controlled drug prescription health and safety program, including:
I. Transferring the program from the board of pharmacy to the office of professional licensure.
II. Authorizing the program to share certain information with other state departments.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0885
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the controlled drug prescription health and safety program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Prescription Health and Safety Program; Definitions. Amend the introductory paragraph of RSA 318-B:31, IV to read as follows:
IV. "Dispenser" means a person or entity who is lawfully authorized to deliver a schedule II-IV controlled substance, but does not include:
2 New Paragraph; Controlled Drug Prescription Health and Safety Program; Definitions. Amend RSA 318-B:31 by inserting after paragraph IV the following new paragraphs:
IV-a. "Executive director" means the executive director of the office of professional licensure and certification.
IV-b. "Office” means office of professional licensure and certification, established in RSA 310-A.
3 Controlled Drug Prescription Health and Safety Program. Amend RSA 318-B:32 to read as follows:
318-B:32 Controlled Drug Prescription Health and Safety Program Established.
I. The [board] office shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by prescribers and dispensers within the state.
I-a. The office may enter into agreements or contracts to establish secure connections between the program and a prescribing or dispensing health care practitioner’s electronic health recordkeeping system. The electronic health recordkeeping system owner or license holder shall be responsible for ensuring that only authorized individuals have access to prescription drug monitoring information.
II. Any costs incurred by the [board] office for the implementation and operation of the program may be supported through grants, gifts, or user [contributions] fees. The [board] office may charge a fee to individuals who request their own prescription information. The amount charged for an individual's request for his or her prescription information shall not exceed the actual cost of providing that information. The office may establish fees for the administrative operations and maintenance of the program.
III. Prescription information relating to any individual[, which information does not meet the level established to suggest possible drug abuse or diversion shall be deleted within 36 months after the initial prescription was dispensed. All other information shall be deleted after 3 years] shall be deleted 3 years after the initial prescription was dispensed. All de-identified data may be kept for statistical and analytical purposes for perpetuity.
IV. The executive director shall establish and appoint an advisory council, as provided RSA 318-B:38.
4 Controlled Drug Prescription Health and Safety Program Operation. Amend RSA 318-B:33, I to read as follows:
I. The [board] office shall develop a system of registration for all prescribers and dispensers of schedule II-IV controlled substances within the state. The system of registration shall be established by rules adopted by the [board] office, pursuant to RSA 541-A.
5 Controlled Drug Prescription Health and Safety Program; Confidentiality. Amend RSA 318-B:34, II and III to read as follows:
II. The [board] office shall establish and maintain procedures to ensure the privacy and confidentiality of patients and patient information.
III. The [board] office may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified.
IV.(a) The office shall enter into one or more reciprocal agreements or contracts to share prescription drug monitoring information with other state departments. In determining compatibility, the office shall consider:
(1) The safeguards for privacy of patient records and the success of the reciprocal department in protecting patient privacy.
(2) The persons authorized to view the data collected by the program and the persons who are authorized access to secure data by the reciprocal department.
(3) The data reported to or included in the program’s system.
(4) Any implementing criteria deemed essential for a compatible agreement.
(5) The costs and benefits of sharing prescription information.
(b) The office shall assess the prescription drug monitoring program’s continued compatibility with other state departments at least every 4 years.
(c) Any agreements or contracts for sharing of prescription drug monitoring information between the office and other state departments shall contain the same restrictions and requirements as required under this section and the information shall be provided according to the office’s determination of compatibility.
6 New Subparagraph; Controlled Drug Prescription Health and Safety Program; Providing Controlled Drug Prescription Health and Safety Information. Amend RSA 318-B:35, I(b) by inserting after subparagraph (4) the following new subparagraph:
(5) An impaired practitioner consultant who is retained by the office to review the system information of an impaired practitioner program participant or a referral who has agreed to be evaluated or monitored through the program and who has separately agreed in writing to the consultant’s access to and review of such information.
7 Controlled Drug Prescription Health and Safety Program; Information. Amend RSA 318-B:35, I(b)(3) to read as follows:
(3) Authorized law enforcement officials on a case-by-case basis for the purpose of investigation and prosecution of a criminal offense [when presented with a court order based on probable cause] upon presentation of an application to the program for information accompanied by a subpoena based on a bona fide investigation for the use of the requested information. No law enforcement agency or official shall have direct access to [the] query program information.
8 Controlled Drug Prescription Health and Safety Program; Providing Controlled Drug Prescription Health and Safety Information. Amend RSA 318-B:35, II to read as follows:
II. The program shall notify the appropriate regulatory board listed in subparagraph I(b)(2) and the prescriber or dispenser at such regular intervals as may be established by the [board] office if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred. The program shall provide prescription information required or necessary for an investigation.
9 Controlled Drug Prescription Health and Safety Program; Unlawful Act and Penalties. Amend RSA 318-B:36, I and II to read as follows:
I. Any [person] dispenser who fails to submit the information required in RSA 318-B:33 or knowingly submits incorrect information shall be subject to a warning letter and provided with an opportunity to correct the failure. Any [person] dispenser who subsequently fails to correct or fails to resubmit the information may be subject to discipline by the [board]appropriate regulatory board.
II. Any [person] dispenser whose failure to report the dispensing of a schedule II-IV controlled substance that conceals a pattern of diversion of controlled substances into illegal use shall be guilty of a violation and subject to the penalties established under RSA 318-B:26 and the [board's] office's and appropriate regulatory board's rules as applicable. In addition, such [person] dispenser may be subject to appropriate criminal charges if the failure to report is determined to have been done knowingly to conceal criminal activity.
10 Controlled Drug Prescription Health and Safety Program; Rulemaking. Amend the introductory paragraph of RSA 318-B:37 to read as follows:
318-B:37 Rulemaking. [By June 30, 2013, the board] The office shall adopt rules, pursuant to RSA 541-A, necessary to implement and maintain the program including:
11 Controlled Drug Prescription Health and Safety Program; Advisory Council. RSA 318-B:38 is repealed and reenacted to read as follows:
318-B:38 Advisory Council Established.
I. There is hereby established an advisory council to carry out the duties under this subdivision. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the council without any compensation. In no event shall a member serve no more than 2 full consecutive terms. The members of the council shall be as follows:
(a) A representative of the board of medicine, appointed by such board.
(b) A representative of the pharmacy board, appointed by such board.
(c) A representative of the board of dental examiners, appointed by such board.
(d) A representative of the New Hampshire board of nursing, appointed by such board.
(e) A representative of the board of veterinary medicine, appointed by such board.
(f) The attorney general, or designee.
(g) The commissioner of the department of health and human services, or designee.
(h) A representative of the New Hampshire Medical Society, appointed by the society.
(i) A representative of the New Hampshire Dental Society, appointed by the society.
(j) A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.
(k) A representative of a retail pharmacy, appointed jointly by the New Hampshire Pharmacists Association, the New Hampshire Independent Pharmacy Association, and the New Hampshire Association of Chain Drug Stores.
(l) Two public members appointed by the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, one of whom may be a member of the commission.
(m) A representative of the New Hampshire Hospital Association, appointed by the association.
(n) A representative of the New Hampshire Nurse Practitioner Association., appointed by the association.
II. The council shall:
(a) Make recommendations to the office relating to the design, implementation and maintenance of the program, including recommendations relating to:
(1) Rules.
(2) Legislation.
(3) Sources of funding, including grant funds and other sources of federal, private, or state funds;
(b) Review the program's annual report and make recommendations to the office regarding the operation of the program.
(c) Provide ongoing advice and consultation on the implementation and operation of the program, including recommendations relating to:
(1) Changes in the program to reflect advances in technology and best practices.
(2) Changes to statutory requirements.
(3) The design and implementation of an ongoing evaluation component of the program.
(d) Advise the executive director regarding the implementation of this subdivision.
(e) Adopt rules necessary for the operation of the council.
III. The council shall meet at least quarterly to effectuate its goals. A chairperson shall be elected by the members. A majority of the members of the council constitutes a quorum for the transaction of business. Action by the council shall require the approval of a majority of the members of the council.
12 Repeal. RSA 318-B:31, I, relative to the definition of "board", is repealed.
13 Effective Date. This act shall take effect 60 days after its passage.