PRIOR PRINTER'S NOS. 1573, 1854
PRINTER'S NO. 1981
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY VANCE, MENSCH, BAKER, WARD, STACK, GORDNER, VULAKOVICH, SOLOBAY, GREENLEAF, TOMLINSON, WAUGH, FERLO, BROWNE AND WILLIAMS, NOVEMBER 18, 2013
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, APRIL 28, 2014
5TABLE OF CONTENTS
6Section 1. Short title.
7Section 2. Purpose.
8Section 3. Definitions.
9Section 4. ABC-MAP Board.
10Section 5. Powers and duties of board
11Section 6. Establishment of program.
12Section 7. Requirements for dispensers.
13Section 8. Requirements for prescribers.
14Section 9. Access to prescription information.
15Section 10. Unlawful act and penalties.
16Section 11. Program funding.
17Section 12. Admissibility.
18Section 13. Annual report.
1Section 14. Regulations.
2Section 15. Concurrent jurisdiction.
3Section 16. Effective date.
6Section 1. Short title.
10Section 2. Purpose.
11This act is intended to increase the quality of patient care
12by giving prescribers and dispensers access to a patient's
13prescriptive history through an electronic data system that will
14alert medical professionals to potential dangers for purposes of
15making treatment determinations. The act further intends that
16patients will have a thorough and easily obtainable record of
17prescriptions for purposes of making educated and thoughtful
18health care decisions. Additionally, the act seeks to aid
19regulatory and law enforcement agencies in the detection and
20prevention of fraud, drug abuse and the criminal diversion of
22Section 3. Definitions.
29"Board." The ABC-MAP Board established in section 4.
30"Controlled substance." A drug, substance or immediate
1precursor included in the act of April 14, 1972 (P.L.233,
2No.64), known as The Controlled Substance, Drug, Device and
3Cosmetic Act, or the Controlled Substances Act (Public Law 91-
4513, 84 Stat. 1236).
5"Department." The Department of Health of the Commonwealth.
21(4) A wholesale distributor of a controlled substance.
22(5) A licensed provider in the LIFE program.
26(7) A prescriber at a health care facility licensed by
27this Commonwealth if the quantity of controlled substances
28dispensed is limited to an amount adequate to treat the
29patient for a maximum of 24 hours with not more than two 24-
30hour cycles within any 15-day period.
1(8) A veterinarian.
2"Licensed health care facility." A health care facility that
3is licensed under Article X of the act of June 13, 1967 (P.L.31,
4No.21), known as the Public Welfare Code, or the act of July 19,
51979 (P.L.130, No.48), known as the Health Care Facilities Act.
8"Prescriber." A person who is licensed, registered or
9otherwise lawfully authorized to distribute, dispense or to
10administer a controlled substance, other drug or device in the
11course of professional practice or research in this
12Commonwealth. The term does not include a veterinarian.
15Section 4. ABC-MAP Board.
16(a) Creation.--The ABC-MAP Board is created in the
17Department of Health. The board shall establish the program. The
18department shall operate the program by performing budgetary,
19accounting, procurement and other support services as directed
20by the board.
23(1) Secretary of Health, who shall serve as chairperson.
24(2) Secretary of Public Welfare.
25(3) Secretary of Drug and Alcohol Programs.
26(4) Secretary of State.
27(5) The Insurance Commissioner.
28(6) Secretary of Aging.
29(7) The Commissioner of Pennsylvania State Police.
30(8) The Attorney General.
5(d) Meetings.--The board shall meet at least once a year for
6the purpose of assessing the costs and benefits of the program
7and effectuating any necessary changes. The board may meet more
8frequently at the discretion of the chairperson.
9Section 5. Powers and duties of board.
10The board shall have the following powers and duties:
14(2) Appoint an advisory group comprised of dispensers,
15prescribers, law enforcement, <-addiction specialists, patient
16and privacy advocates and individuals with expertise
17considered important to the operation of the program. All
18members shall have unique perspectives and will provide input
19and recommendations to the board regarding the establishment
20and maintenance of the program. The advisory group shall not
21exceed twelve members.
22(3) Provide notice to patients that information
23regarding prescriptions for controlled substances is being
24collected by the ABC-MAP program <-and that the patient has a
25right to annually review and correct the information at no
26charge to the patient. The manner of notice may be determined
27by the board with the advice of the advisory group.
1(5) Develop protocols and policies to:
2(i) Require more frequent reporting of data should
3technology permit and so long as there is little or no
4fiscal impact to the Commonwealth or those reporting. Any
5change in the frequency of reporting shall be made in
6collaboration with the Board of Pharmacy and the Board of
7Pharmacy's members to ensure that a pharmacy is able to
8accommodate the change.
9(ii) Evaluate the information in the program.
20(vi) Establish professionally developed criteria,
21with the advice of the advisory group that generates
22referrals of prescription monitoring information to <-law
23enforcement or the appropriate licensing board in the
24Department of State only <-if <-when the system produces an
25alert that there is a pattern of irregular data deviating
26from the clinical standard.
7(x) Evaluate the costs and benefits of the program.
8(xi) Convene the advisory group at least annually.
14Section 6. Establishment of program.
18(b) Program components.--This program shall:
30(1) Identification of each person who requests or
1receives information from the database.
2(2) Information provided to each person.
5(d) Record retention.--The board shall remove from the
6program all identifying information more than <-four <-three years
7old from the date of collection. The information shall be
8destroyed unless a law enforcement agency or a professional
9licensing or certification agency or board for prescribers or
10dispensers has submitted a written request to the department for
11retention of specific information <-for cause. The information may
12be kept for <-a an additional period of one year and all requests
13shall comply with procedures adopted by the board. <-The
14department may not grant more than two extensions regarding the
15retention of the same identified specific information.
16(e) Good cause exception.--The program shall contain a good
17cause exception for dispensers and prescribers who are unable to
18submit the required data electronically and shall allow for the
19manual submission of data if the dispenser or prescriber does
20not have Internet access.
24Section 7. Requirements for dispensers.
30(1) Full name of the prescriber.
3(3) Date prescription was written.
4(4) Date prescription was dispensed.
7(6) The National Drug Code.
8(7) Dosage quantity and days' supply.
11(9) Method of payment for the prescription.
15Section 8. Requirements for prescribers.
16(a) Program query.--A prescriber shall query the program:
27(1) the individual is a new patient; or
1(c) Prescriber designee.--Prescribers may designate
2employees for purposes of accessing the program according to
3standards established by the board. <-In assigning a designee, a
4prescriber shall give preference to a professional nurse
5licensed by the State Board of Nursing.
6(d) Nonviolation.--A prescriber or dispenser who, using a
7sound standard of care in the exercise of clinical judgment,
8does not believe that a patient is abusing or diverting
9controlled substances shall not be in violation of this act for
10not seeking or obtaining information from the program prior to
11prescribing or dispensing so long as the prescriber or dispenser
12is otherwise in compliance.
13Section 9. Access to prescription information.
14(a) Confidentiality.--Except as set forth in subsection (b),
15prescription information submitted to the program and records of
16requests to query the data shall be confidential and not subject
17to disclosure under the act of February 14, 2008 (P.L.6, No.3),
18known as the Right-to-Know Law.
22(1) Prescribers may query the program for:
23(i) an existing patient; and
1(A) Schedule II controlled substances as
2indicated in the act of April 14, 1972 (P.L.233,
3No.64), known as The Controlled Substance, Drug,
4Device and Cosmetic Act and in the manner determined
5by the Pennsylvania Attorney General pursuant to 28
6Pa. Code § 25.131 (relating to every dispensing
8(B) all other schedules upon receipt of a court
9order. Upon receipt of a motion under this clause,
10the court may enter an ex parte order granting the
11motion if the law enforcement agency has demonstrated
12by a preponderance of the evidence that:
30(ii) engaging in the analysis of controlled
3(6) Designated representatives from the Commonwealth or
4out-of-State agency or board responsible for licensing or
5certifying prescribers or dispensers whose professional
6practice was or is regulated by that agency or board for the
7purpose of conducting administrative investigations or
15(9) Personnel from the Department of Aging engaged in
16the administration of the Pharmaceutical Assistance Contract
17for the Elderly (PACE) and the Pharmaceutical Assistance
18Contract for the Elderly Needs Enhancement Tier (PACENET)
26(12) Upon providing evidence of identity and within six
27months from the date of the request, an individual who is the
28recipient of a controlled substance prescription entered into
29the program, the individual's parent or guardian if the
30individual is under 18 years of age or the individual's
1health care power of attorney.
2Section 10. Unlawful acts and penalties.
<-13(b) <-(c) Civil violations.--
22(1) Collect any penalty imposed under this section and
23which is not paid by bringing an action in the court of
24common pleas of the county in which the person owing the debt
25resides or in the county where the department is located.
3Section 11. Program funding.
18(f) Transfer of funds.--Any funds currently appropriated
19shall be redirected and used for the operation of the program.
20Additional agencies utilizing the system, including licensing
21boards, may also transfer funds to the department for operation
22of the program.
23Section 12. Admissibility.
24(a) Use of data.--Except as provided in subsection (b), data
25provided to, maintained in or accessed from the program that may
26be identified to, or with a particular individual is not subject
27to discovery, subpoena or similar compulsory process in any
28civil, judicial, administrative or legislative proceeding, nor
29shall any individual or organization with lawful access to the
30data be compelled to testify with regard to the data.
3(1) a criminal proceeding; or
6Section 13. Annual report.
7Within two years of the effective date of this act and
8annually thereafter, the board shall submit a report to the
9General Assembly. The report shall also be made available on the
10department's publicly accessible Internet website and shall
11include all of the following:
22(6) Other information as determined by the board.
23Section 14. Regulations.
26Section 15. Concurrent jurisdiction.
30Section 16. Effective date.
1This act shall take effect as follows:
2(1) Section 4 of the act shall take effect in 90 days.
3(2) This section shall take effect immediately.