PRINTER'S NO. 1771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1294
Session of
2015
INTRODUCED BY DiGIROLAMO, ROZZI, TAYLOR, THOMAS, V. BROWN,
MILLARD, DONATUCCI, SCHLOSSBERG, DAVIS, KILLION, DRISCOLL,
McNEILL, MURT, A. HARRIS, MAHONEY, HARHAI, D. COSTA, COHEN
AND HEFFLEY, JUNE 10, 2015
REFERRED TO COMMITTEE ON HEALTH, JUNE 10, 2015
AN ACT
Amending the act of October 27, 2014 (P.L.2911, No.191),
entitled "An act providing for prescription drug monitoring;
creating the ABC-MAP Board; establishing the Achieving Better
Care by Monitoring All Prescriptions Program; and providing
for unlawful acts and penalties," further providing for
access to prescription information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9(b) of the act of October 27, 2014
(P.L.2911, No.191), known as the Achieving Better Care by
Monitoring All Prescriptions Program (ABC-MAP) Act, is amended
to read:
Section 9. Access to prescription information.
* * *
(b) Authorized users.--The following individuals may query
the system according to procedures determined by the board and
with the following limitations:
(1) Prescribers may query the system for:
(i) an existing patient; and
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(ii) prescriptions written using the prescriber's
own Drug Enforcement Agency number.
(1.1) Prescribers shall query the system every time a
prescription for buprenorphine is written.
(2) Dispensers may query the system for a current
patient to whom the dispenser is dispensing or considering
dispensing any controlled substance.
(3) (i) The Office of Attorney General shall query the
system on behalf of all law enforcement agencies,
including, but not limited to, the Office of the Attorney
General and Federal, State and local law enforcement
agencies for:
(A) Schedule II controlled substances as
indicated in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, and in the manner determined
by the Pennsylvania Attorney General pursuant to 28
Pa. Code ยง 25.131 (relating to every dispensing
practitioner); and
(B) all other schedules upon receipt of a court
order obtained by the requesting law enforcement
agency. Upon receipt of a motion under this clause,
the court may enter an ex parte order granting the
motion if the law enforcement agency has demonstrated
by a preponderance of the evidence that:
(I) the motion pertains to a person who is
the subject of an active criminal investigation
with a reasonable likelihood of securing an
arrest or prosecution in the foreseeable future;
and
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(II) there is reasonable suspicion that a
criminal act has occurred.
(ii) Data obtained by a law enforcement agency under
this paragraph shall only be used to establish probable
cause to obtain a search warrant or arrest warrant.
(iii) Requests made to the Office of Attorney
General to query the system under this paragraph shall be
made in a form or manner prescribed by the Office of
Attorney General and shall include the court order, when
applicable. Each individual designee of the Office of
Attorney General shall have a unique identifier when
accessing the system.
(4) The Office of Attorney General shall query the
system on behalf of a grand jury investigating a criminal
violation of a law governing controlled substances.
(5) Approved department personnel may query the system
for the purpose of:
(i) conducting internal reviews related to
controlled substance laws; or
(ii) engaging in the analysis of controlled
substance prescription information as part of the
assigned duties and responsibilities of employment.
(6) Designated representatives from the Commonwealth or
out-of-State agency or board responsible for licensing or
certifying prescribers or dispensers whose professional
practice was or is regulated by that agency or board for the
purpose of conducting administrative investigations or
proceedings.
(7) Designated Commonwealth personnel who are
responsible for the development and evaluation of quality
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improvement strategies, program integrity initiatives or
conducting internal compliance reviews and data reporting for
the medical assistance program, Children's Health Insurance
Program (CHIP), Pharmaceutical Assistance Contract for the
Elderly (PACE) or Pharmaceutical Assistance Contract for the
Elderly Needs Enhancement Tier (PACENET).
(8) Personnel from the Department of Drug and Alcohol
Programs engaged in the administration of the Methadone and
Buprenorphine Death and Incident Review Team.
(9) A medical examiner or county coroner for the purpose
of investigating the death of the individual whose record is
being queried.
(10) A prescription drug monitoring official, dispenser
or prescriber of a state with which this Commonwealth has an
interoperability agreement.
(11) Upon providing evidence of identity and within 30
days from the date of the request, an individual who is the
recipient of a controlled substance prescription entered into
the system, the individual's parent or guardian if the
individual is under 18 years of age or the individual's
health care power of attorney.
* * *
Section 2. This act shall take effect in 60 days.
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