SB 676-FN - AS INTRODUCED
SENATE BILL 676-FN
SPONSORS: Sen. Giuda, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Sen. Gray, Dist 6; Rep. Marsh, Carr. 8; Rep. Merchant, Sull. 4; Rep. R. Osborne, Graf. 7
COMMITTEE: Health and Human Services
This bill authorizes the department of health and human services to access certain data and information from the controlled drug prescription health and safety program under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The purpose and intent of this legislation is to improve the health and wellbeing of New Hampshire citizens by authorizing meaningful access by the department of health and human services to data, including identifiable patient-level data or information, from the office of professional licensure and certification, controlled drug prescription health and safety program, for public health purposes including, but not limited to, public health evaluation, coordination of health care, and for the delivery of critical services to address substance use disorders.
2 New Section; Department of Health and Human Services; Controlled Drug Prescription Health and Safety Program Information; Confidentiality. Amend RSA 126-A by inserting after section 5-e the following new section:
126-A:5-f Controlled Drug Prescription Health and Safety Program; Confidentiality.
I. In this section "office" means the office of professional licensure and certification, established in RSA 310-A.
II. Information and data obtained by the department from the office, including identifiable patient-level data or information, pursuant to RSA 318-B:34, is confidential, is not a public record or otherwise subject to disclosure under RSA 91-A, is not subject to discovery, subpoena, or other means of legal compulsion for release and shall not be shared with an agency or institution, except as provided in RSA 318-B:34, or under this section.
III. The department, in consultation with the office, may release reports for analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the information and the data within the reports is aggregated or otherwise de-identified. No individual whose identifiable patient-level data or information was provided by the office to the department shall be contacted, or subject to any action, by the department, directly or indirectly, on the basis of such data or information.
IV.(a) The department shall enter into one or more reciprocal data sharing agreements with the office to share prescription drug monitoring information for public health purposes including, but not limited to, public health evaluation, coordination of health care, and for the delivery of critical services to address substance use disorders. The office shall receive any final analyses or reports made with shared data. Any proposed data sharing agreement between the office and the department shall be reviewed by the advisory council for the controlled drug prescription health and safety program, established under RSA 318-B:38, which may make recommendations to the office. The data sharing agreements shall include:
(1) The purpose of sharing data;
(2) A description of the data sets that will be included;
(3) The criteria and procedures for the development of data sets;
(4) The criteria and procedures to ensure data security and destruction; and
(5) A proposed time frame in which the data will be used.
(b) Under no circumstances shall the data or information received by the department pursuant to this section be copied or released by the department to any other person or entity, unless the data or information is aggregated or otherwise de-identified.
IV. "Dispenser" means a person or entity who is lawfully authorized to deliver a schedule II-IV controlled substance, and conduct medication reconciliation, but does not include:
(a) A licensed hospital pharmacy under RSA 318 that dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department or that dispenses for administration in the hospital;
(b) A practitioner, or other authorized person who administers such a substance;
(c) A wholesale distributor of a schedule II-IV controlled substance or its analog;
(d) A prescriber who dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department to a patient; [or]
(e) A veterinarian who dispenses less than a 48-hour supply of a schedule II-IV controlled substance to a patient; or
(f) A practitioner who neither prescribes nor dispenses and who is not actively working as a pharmacist within a New Hampshire licensed pharmacy licensed under RSA 318 or New Hampshire health care facility licensed under RSA 151.
I-a. The office may enter into agreements or contracts to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by practitioners within the state and to establish secure connections between the program and a practitioner’s electronic health record keeping system. The electronic health record keeping system may use functionality for automated query and retrieval of program information for display and retention in the patient’s medical information. The electronic health record keeping system owner or license holder shall be responsible for ensuring that only authorized individuals have access to program information.
II-a. A practitioner who intends to request and use information from the program about a patient shall post a sign that can be easily viewed by the public that discloses to the public that the practitioner may access and use information contained in the program. In lieu of posting a sign, the practitioner may provide such notice in written material provided to the patient.
SB 676-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund
This bill authorizes the Department of Health and Human Services to access information from the controlled drug prescription health and safety program under certain circumstances. The Office of Professional Licensure and Certification states that its current vendor provides such information free of charge as part of the current contract, which expires on 6/30/20. Should the same vendor win the bid for the next contract, there will be no cost. Should a different vendor win the next contract, the potential exists that there may be an additional cost to allowing the Department of Health and Human Services to access the data.
The Department of Health and Human Services states the bill will have no fiscal impact on that department.
Office of Professional Licensure and Certification and Department of Health and Human Services
|Feb. 18, 2020||Senate||Hearing|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2|
|Feb. 18, 2020||Hearing: 02/18/2020, Room 101, LOB, 03:30 pm; SC 7|