PRIOR PRINTER'S NOS. 1573, 1854, 1981
PRINTER'S NO. 2012
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
AS AMENDED ON THIRD CONSIDERATION, MAY 5, 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 <-written 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. <-The
28notice must include all of the following:
4(iii) Record retention policies.
11(5) Develop protocols and policies to:
12(i) Require more frequent reporting of data should
13technology permit and so long as there is little or no
14fiscal impact to the Commonwealth or those reporting. Any
15change in the frequency of reporting shall be made in
16collaboration with the Board of Pharmacy and the Board of
17Pharmacy's members to ensure that a pharmacy is able to
18accommodate the change.
19(ii) Evaluate the information in the program.
30(vi) Establish professionally developed criteria,
1with the advice of the advisory group that generates
2referrals of prescription monitoring information to the
3appropriate licensing board in the Department of State
4only when the system produces an alert that there is a
5pattern of irregular data deviating from the clinical
9(viii) Permit individuals employed by prescribers
10and dispensers to query the program as designees and set
11explicit standards to <-qualify individuals authorized to
12query the program and to ensure the security of the
13system when <-a designee is indicated used by a designee.
18(x) Evaluate the costs and benefits of the program.
19(xi) Convene the advisory group at least annually.
25Section 6. Establishment of program.
29(b) Program components.--This program shall:
30(1) Provide an electronic data system of controlled
1substances prescribed and dispensed in this Commonwealth.
12(2) Information provided to each person.
15(d) Record retention.--The board shall remove from the
16program all identifying information more than three years old
17from the date of collection. The information shall be destroyed
18unless a law enforcement agency or a professional licensing or
19certification agency or board for prescribers or dispensers has
20submitted a written request to the department for retention of
21specific information for cause. The information may be kept for
22an additional period of one year and all requests shall comply
23with procedures adopted by the board. The department may not
24grant more than two extensions regarding the retention of the
25same identified specific information.
26(e) Good cause exception.--The program shall contain a good
27cause exception for dispensers and prescribers who are unable to
28submit the required data electronically and shall allow for the
29manual submission of data if the dispenser or prescriber does
30not have Internet access.
4Section 7. Requirements for dispensers.
10(1) Full name of the prescriber.
13(3) Date prescription was written.
14(4) Date prescription was dispensed.
17(6) The National Drug Code.
18(7) Dosage quantity and days' supply.
21(9) Method of payment for the prescription.
25Section 8. Requirements for prescribers.
26(a) Program query.--A prescriber shall query the program:
7(1) the individual is a new patient; or
11(c) Prescriber designee.--Prescribers may designate
12employees for purposes of accessing the program according to
13standards established by the board. In assigning a designee, a
14prescriber shall give preference to a professional nurse
15licensed by the State Board of Nursing.
16(d) Nonviolation.--A prescriber or dispenser who, using a
17sound standard of care in the exercise of clinical judgment,
18does not believe that a patient is abusing or diverting
19controlled substances shall not be in violation of this act for
20not seeking or obtaining information from the program prior to
21prescribing or dispensing so long as the prescriber or dispenser
22is otherwise in compliance.
23Section 9. Access to prescription information.
24(a) Confidentiality.--Except as set forth in subsection (b),
25prescription information submitted to the program and records of
26requests to query the data shall be confidential and not subject
27to disclosure under the act of February 14, 2008 (P.L.6, No.3),
28known as the Right-to-Know Law.
1with the following limitations:
2(1) Prescribers may query the program for:
3(i) an existing patient; and
11(A) Schedule II controlled substances as
12indicated in the act of April 14, 1972 (P.L.233,
13No.64), known as The Controlled Substance, Drug,
14Device and Cosmetic Act and in the manner determined
15by the Pennsylvania Attorney General pursuant to 28
16Pa. Code § 25.131 (relating to every dispensing
18(B) all other schedules upon receipt of a court
19order. Upon receipt of a motion under this clause,
20the court may enter an ex parte order granting the
21motion if the law enforcement agency has demonstrated
22by a preponderance of the evidence that:
30(ii) Data obtained under this paragraph may only be
13(6) Designated representatives from the Commonwealth or
14out-of-State agency or board responsible for licensing or
15certifying prescribers or dispensers whose professional
16practice was or is regulated by that agency or board for the
17purpose of conducting administrative investigations or
25(9) Personnel from the Department of Aging engaged in
26the administration of the Pharmaceutical Assistance Contract
27for the Elderly (PACE) and the Pharmaceutical Assistance
28Contract for the Elderly Needs Enhancement Tier (PACENET)
30(10) A medical examiner or county coroner for the
6(12) Upon providing evidence of identity and within <-six
7months <-30 days from the date of the request, an individual
8who is the recipient of a controlled substance prescription
9entered into the program, the individual's parent or guardian
10if the individual is under 18 years of age or the
11individual's health care power of attorney.
12Section 10. Unlawful acts and penalties.
24(c) Civil violations.--
30(d) Collection of penalties.--The department shall be
3(1) Collect any penalty imposed under this section and
4which is not paid by bringing an action in the court of
5common pleas of the county in which the person owing the debt
6resides or in the county where the department is located.
10(e) Additional sanctions.--A prescriber or dispenser
11violating provisions of this act shall also be subject to
12sanctions under the prescriber's or dispenser's professional
13practice acts and by the appropriate licensing boards.
14Section 11. Program funding.
4Section 12. Admissibility.
5(a) Use of data.--Except as provided in subsection (b), data
6provided to, maintained in or accessed from the program that may
7be identified to, or with a particular individual is not subject
8to discovery, subpoena or similar compulsory process in any
9civil, judicial, administrative or legislative proceeding, nor
10shall any individual or organization with lawful access to the
11data be compelled to testify with regard to the data.
14(1) a criminal proceeding; or
17Section 13. Annual report.
18Within two years of the effective date of this act and
19annually thereafter, the board shall submit a report to the
20General Assembly. The report shall also be made available on the
21department's publicly accessible Internet website and shall
22include all of the following:
3(6) Other information as determined by the board.
4Section 14. Regulations.
7Section 15. Concurrent jurisdiction.
11Section 16. Effective date.
12This act shall take effect as follows:
13(1) Section 4 of the act shall take effect in 90 days.
14(2) This section shall take effect immediately.