PRIOR PRINTER'S NOS. 1573, 1854, 1981,
PRINTER'S NO. 2337
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 REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 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.
1Section 13. Annual report.
2Section 14. Regulations.
3Section 15. Concurrent jurisdiction.
4Section 16. Effective date.
7Section 1. Short title.
11Section 2. Purpose.
12This act is intended to increase the quality of patient care
13by giving prescribers and dispensers access to a patient's
14prescriptive history through an electronic data system that will
15alert medical professionals to potential dangers for purposes of
16making treatment determinations. The act further intends that
17patients will have a thorough and easily obtainable record of
18prescriptions for purposes of making educated and thoughtful
19health care decisions. Additionally, the act seeks to aid
20regulatory and law enforcement agencies in the detection and
21prevention of fraud, drug abuse and the criminal diversion of
23Section 3. Definitions.
30"Board." The ABC-MAP Board established in section 4.
1"Controlled substance." A drug, substance or immediate
2precursor included in the act of April 14, 1972 (P.L.233,
3No.64), known as The Controlled Substance, Drug, Device and
4Cosmetic Act, or the Controlled Substances Act (Public Law 91-
5513, 84 Stat. 1236).
6"Department." The Department of Health of the Commonwealth.
22(4) A wholesale distributor of a controlled substance.
23(5) A licensed provider in the LIFE program.
27(7) A prescriber at a <-licensed health care facility
<-28licensed by this Commonwealth if the quantity of controlled
29substances dispensed is limited to an amount adequate to
30treat the patient for a maximum of <-24 hours with not more
3(8) A veterinarian.
4"Licensed health care facility." A health care facility that
5is licensed under Article X of the act of June 13, 1967 (P.L.31,
6No.21), known as the Public Welfare Code, or the act of July 19,
71979 (P.L.130, No.48), known as the Health Care Facilities Act.
10"Prescriber." A person who is licensed, registered or
11otherwise lawfully authorized to distribute, dispense or to
12administer a controlled substance, other drug or device in the
13course of professional practice or research in this
14Commonwealth. The term does not include a veterinarian.
18Section 4. ABC-MAP Board.
19(a) Creation.--The ABC-MAP Board is created in the
20Department of Health. <-The board shall establish the program. The
21department shall operate the program by performing budgetary,
22accounting, procurement and other support services as directed
23by the board.
26(1) Secretary of Health, who shall serve as chairperson.
27(2) Secretary of Public Welfare.
28(3) Secretary of Drug and Alcohol Programs.
29(4) Secretary of State.
30(5) The Insurance Commissioner.
1(6) Secretary of Aging.
2(7) The Commissioner of Pennsylvania State Police.
3(8) The Attorney General.
8(d) Meetings.--The board shall meet at least once a year for
9the purpose of assessing the costs and benefits of the program
10and effectuating any necessary changes. The board may meet more
11frequently at the discretion of the chairperson.
12Section 5. Powers and duties of board.
13The board shall have the following powers and duties:
17(2) Appoint an advisory group comprised of dispensers,
18prescribers, law enforcement, addiction specialists, patient
19and privacy advocates and individuals with expertise
20considered important to the operation of the program. All
21members shall have unique perspectives and will provide input
22and recommendations to the board regarding the establishment
23and maintenance of the program. The advisory group shall not
24exceed twelve members.
25(3) Provide Create a written notice <-to be used by
26prescribers and used or displayed by dispensers to provide
27notice to patients that information regarding prescriptions
28for controlled substances is being collected by the ABC-MAP
29program and that the patient has a right to <-annually review
30and correct the information <-at no charge to the patient. The
9(iii) Record retention policies.
18(5) Develop protocols and policies to:
19(i) Require more frequent reporting of data should
20technology permit and so long as there is little or no
21fiscal impact to the Commonwealth or those reporting. Any
22change in the frequency of reporting shall be made in
23collaboration with the Board of Pharmacy and the Board of
24Pharmacy's members to ensure that a pharmacy is able to
25accommodate the change.
26(ii) Evaluate the information in the program.
30(iv) Safeguard the release of information to
7(vi) Establish professionally developed criteria,
8with the advice of the advisory group<-, that generates
9referrals of prescription monitoring information to the
10appropriate licensing board in the Department of State
11only when the system produces an alert that there is a
12pattern of irregular data <-deviating for a dispenser or
13prescriber which appears to deviate from the clinical
<-17(viii) Assist professional organizations whose
18members prescribe, monitor or treat patients or dispense
19controlled substances to patients to develop educational
20programs for those members relating to prescribing
21practices, pharmacology, controlled substance abuse and
22clinical standards, including identification of those at
23risk for controlled substance abuse and referral and
24treatment options for patients.
<-25(viii) (ix) Permit individuals employed by
26prescribers and dispensers to query the program as
27designees and set explicit standards to qualify
28individuals authorized to query the program and to ensure
29the security of the system when used by a designee.
<-30(ix) (x) Keep pace with technological advances that
16Section 6. Establishment of program.
17(a) General rule.--The board shall establish and oversee <-and
18the department shall administer the Achieving Better Care by
19Monitoring All Prescriptions Program. <-the program. The
20department shall administer the program by performing budgetary,
21accounting, procurement and other support services as directed
22by the board.
23(b) Program components.--This program shall:
9(2) Information provided to each person.
12(d) Record retention.--The board shall remove from the
13program all identifying information more than <-three seven years
14old from the date of collection. The information shall be
15destroyed unless a law enforcement agency or a professional
16licensing or certification agency or board for prescribers or
17dispensers has submitted a written request to the department for
18retention of specific information for cause. The information may
19be kept for an additional period of one year and all requests
20shall comply with procedures adopted by the board. The
21department may not grant more than two extensions regarding the
22retention of the same identified specific information <-unless
23required to do so by court order.
24(e) Good cause exception.--The program shall contain a good
25cause exception for dispensers and prescribers who are unable to
26submit the required data electronically and shall allow for the
27manual submission of data if the dispenser or prescriber does
28not have Internet access.
1enforceable upon the full implementation of the program. <-Any
2data that has been reported to the Office of Attorney General
3pursuant to 28 Pa. Code § 25.131 (relating to every dispensing
4practitioner) that satisfies the retention requirements of
5subsection (d) shall be transferred to the program.
6Section 7. Requirements for dispensers.
12(1) Full name of the prescriber.
15(3) Date prescription was written.
16(4) Date prescription was dispensed.
19(6) The National Drug Code.
20(7) <-Dosage quantity and days' Days' supply.
23(9) Method of payment for the prescription.
30Section 8. Requirements for prescribers.
1(a) Program query.--A prescriber shall query the program:
12(1) the individual is a new patient; or
16(c) Prescriber designee.--Prescribers may designate
17employees for purposes of accessing the program according to
18standards established by the board. In assigning a designee, a
19prescriber shall give preference to a professional nurse
20licensed by the State Board of Nursing.
21(d) Nonviolation.--A prescriber or dispenser who, using a
22sound standard of care in the exercise of clinical judgment,
23does not believe that a patient is abusing or diverting
24controlled substances shall not be in violation of this act for
25not seeking or obtaining information from the program prior to
26prescribing or dispensing so long as the prescriber or dispenser
27is otherwise in compliance.
1confidence as required by section 9, shall not be held civilly
2liable or disciplined in a licensing board action for submitting
3the information or not seeking or obtaining information from the
4program prior to prescribing or dispensing a controlled
6Section 9. Access to prescription information.
7(a) Confidentiality.--Except as set forth in subsection (b),
8prescription information submitted to the program and records of
9requests to query the data shall be confidential and not subject
10to disclosure under the act of February 14, 2008 (P.L.6, No.3),
11known as the Right-to-Know Law.
15(1) Prescribers may query the program for:
16(i) an existing patient; and
22(3) (i) <-Federal and State law enforcement officials may
23query the program for: <-The Office of Attorney General
24shall query the program on behalf of all law enforcement
25agencies, including, but not limited to, the Office of
26the Attorney General and Federal, State and local law
27enforcement agencies for:
5(B) all other schedules upon receipt of a court
6order <-obtained by the requesting law enforcement
7agency. Upon receipt of a motion under this clause,
8the court may enter an ex parte order granting the
9motion if the law enforcement agency has demonstrated
10by a preponderance of the evidence that:
18(ii) Data obtained <-under this paragraph may by a law
19enforcement agency under this paragraph shall only be
20used <-by a law enforcement official to establish probable
21cause to obtain a search warrant or arrest warrant.
<-22(iii) Requests made to the Office of Attorney
23General to query the program under this paragraph shall
24be made in a form or manner prescribed by the Office of
25Attorney General and shall include the court order, when
8(6) Designated representatives from the Commonwealth or
9out-of-State agency or board responsible for licensing or
10certifying prescribers or dispensers whose professional
11practice was or is regulated by that agency or board for the
12purpose of conducting administrative investigations or
20(9) Personnel from the Department of Aging engaged in
21the administration of the Pharmaceutical Assistance Contract
22for the Elderly (PACE) and the Pharmaceutical Assistance
23Contract for the Elderly Needs Enhancement Tier (PACENET)
<-25(7) Designated Commonwealth personnel who are
26responsible for the development and evaluation of quality
27improvement strategies, program integrity initiatives or
28conducting internal compliance reviews and data reporting for
29the medical assistance program, Children's Health Insurance
30Program (CHIP), Pharmaceutical Assistance Contract for the
<-12(12) (11) Upon providing evidence of identity and within
1330 days from the date of the request, an individual who is
14the recipient of a controlled substance prescription entered
15into the program, the individual's parent or guardian if the
16individual is under 18 years of age or the individual's
17health care power of attorney.
18Section 10. Unlawful acts and penalties.
<-27(a) Unlawful acts.--
3(2) A person commits a felony of the third degree if the
4person knowingly or intentionally releases, publishes, sells,
5transfers or otherwise makes available or attempts to
6release, publish, sell, transfer or otherwise make available
7the information from the program for purposes other than
8those specified in sections 8 and 9.
11(c) Civil violations.--
20(1) Collect any penalty imposed under this section and
21which is not paid by bringing an action in the court of
22common pleas of the county in which the person owing the debt
23resides or in the county where the department is located.
27(e) Additional sanctions.--A prescriber or dispenser
28violating provisions of this act shall also be subject to
29sanctions under the prescriber's or dispenser's professional
30practice acts and by the appropriate licensing boards.
1Section 11. Program funding.
13(e) Fees prohibited.--A dispenser or prescriber shall not be
14required to pay a fee or tax specifically dedicated to the
15establishment, operation or maintenance of the program. <-No fee
16shall be assessed to the patient by the dispenser or prescriber
17due to the need to submit information to the program.
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 12. 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 13. Regulations.
26Section <-15 14. Concurrent jurisdiction.
30Section <-16 15. Effective date.
1This act shall take effect as follows:
4(2) This section shall take effect immediately.