PRIOR PRINTER'S NO. 1573
PRINTER'S NO. 1854
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 VANCE, PUBLIC HEALTH AND WELFARE, AS AMENDED, MARCH 19, 2014
1Providing for prescription drug monitoring; creating the
<-2Prescription Drug Monitoring ABC-MAP Board; establishing the
3Achieving Better Care by Monitoring All Prescriptions
4Program; and providing for unlawful acts and penalties.
5TABLE OF CONTENTS
6Section 1. Short title.
7Section 2. Purpose.
8Section 3. Definitions.
9Section 4. <-Prescription Drug Monitoring 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.
3"Department." The Department of Health of the Commonwealth.
10(1) A licensed health care facility <-or long-term care
11pharmacy that distributes the controlled substance, other
12drug or device for the purpose of inpatient hospital or long-
13term care facility administration <-that distributes the
14controlled substance for the purpose of administration in the
15licensed health care facility.
22(4) A wholesale distributor of a controlled substance.
23(5) A licensed provider in the LIFE program.
27(7) A prescriber at a health care facility licensed by
28this Commonwealth if the quantity of controlled substances
29dispensed is limited to an amount adequate to treat the
30patient for a maximum of 24 hours with not more than two 24-
1hour cycles within any 15-day period.
2(8) A veterinarian.
3"Licensed health care facility." A health care facility that
4is licensed under Article X of the act of June 13, 1967 (P.L.31,
5No.21), known as the Public Welfare Code, or the act of July 19,
61979 (P.L.130, No.48), known as the Health Care Facilities Act.
9"Prescriber." A person who is licensed, registered or
10otherwise lawfully authorized to distribute, dispense or to
11administer a controlled substance, other drug or device in the
12course of professional practice or research in this
13Commonwealth. The term does not include a veterinarian.
16Section 4. <-Prescription Drug Monitoring ABC-MAP Board.
17(a) Creation.--The <-Prescription Drug Monitoring ABC-MAP
18Board is created in the Department of Health. The board shall
19administer establish the program. The department shall <-perform
<-20operate the program by performing budgetary, accounting,
21procurement and other support services <-as directed by the board.
24(1) Secretary of Health, who shall serve as chairperson.
25(2) Secretary of Public Welfare.
26(3) Secretary of Drug and Alcohol Programs.
27(4) Secretary of State.
28(5) The Insurance Commissioner.
29(6) Secretary of Aging.
30(7) The Commissioner of Pennsylvania State Police.
1(8) The Attorney General.
6(d) Meetings.--The board shall meet at least once a year for
7the purpose of assessing the costs and benefits of the program
8and effectuating any necessary changes. <-The board may meet more
9frequently at the discretion of the chairperson.
10Section 5. Powers and duties of board.
11The board shall have the following powers and duties:
15(2) Appoint an advisory group comprised of dispensers,
16prescribers, law enforcement<-, patient and privacy advocates
17and individuals with expertise considered important to the
18operation of the program. All members shall have unique
19perspectives and will provide input and recommendations to
20the board regarding the establishment and maintenance of the
21program. The advisory group shall not exceed twelve members.
<-25(3) Provide notice to patients that information
26regarding prescriptions for controlled substances is being
27collected by the ABC-MAP program. The manner of notice may be
28determined by the board with the advice of the advisory
30(4) Phase in an enforcement process so that dispensers
3(5) Develop protocols and policies to:
4(i) Require more frequent reporting of data should
5technology permit and so long as there is little or no
6fiscal impact to the Commonwealth or those reporting. <-Any
7change in the frequency of reporting shall be made in
8collaboration with the Board of Pharmacy and the Board of
9Pharmacy's members to ensure that a pharmacy is able to
10accommodate the change.
11(ii) Evaluate the information in the program.
<-25(vi) Establish professionally developed criteria,
26with the advice of the advisory group that generates
27referrals of prescription monitoring information to law
28enforcement or the appropriate licensing board in the
29Department of State only if there is a pattern of
30irregular data deviating from the clinical standard.
11(x) Evaluate the costs and benefits of the program.
12(xi) Convene the advisory group at least annually.
18Section 6. Establishment of program.
22(b) Program components.--This program shall:
30(4) Contain processes for prescribers to refer patients
1to substance abuse treatment.
9(2) Information provided to each person.
12(d) Record retention.--The board shall remove from the
13program all identifying information more than <-seven four 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. <-All The information may be
19kept for a period of one year and all requests shall comply with
20procedures adopted by the board.
21(e) Good cause exception.--The program shall contain a good
22cause exception for dispensers and prescribers who are unable to
23submit the required data electronically and shall allow for the
24manual submission of data if the dispenser or prescriber does
25not have Internet access.
29Section 7. Requirements for dispensers.
30(a) Submission.--A dispenser shall, according to the format
5(1) Full name of the prescriber.
8(3) Date prescription was written.
9(4) Date prescription was dispensed.
12(6) The National Drug Code.
<-13(7) Drug name and strength.
14(8) <-(7) Dosage quantity and days' supply.
<-17(10) (9) Method of payment for the prescription.
21Section 8. Requirements for prescribers.
22(a) Program query.--A prescriber shall query the program:
30(b) Medical record entries.--A prescriber shall indicate the
3(1) the individual is a new patient; or
<-10(d) Nonviolation.--A prescriber or dispenser who, using a
11sound standard of care in the exercise of clinical judgment,
12does not believe that a patient is abusing or diverting
13controlled substances shall not be in violation of this act for
14not seeking or obtaining information from the program prior to
15prescribing or dispensing so long as the prescriber or dispenser
16is otherwise in compliance.
17Section 9. Access to prescription information.
18(a) Confidentiality.--Except as set forth in subsection (b),
19prescription information submitted to the program and records of
20requests to query the data shall be confidential and not subject
21to disclosure under the act of February 14, 2008 (P.L.6, No.3),
22known as the Right-to-Know Law.
26(1) Prescribers may query the program for:
27(i) an existing patient; and
30(2) Dispensers may query the program for a current
5(i) schedule II controlled substances as indicated
8(A) Schedule II controlled substances as
9indicated in the act of April 14, 1972 (P.L.233,
10No.64), known as The Controlled Substance, Drug,
11Device and Cosmetic Act and in the manner determined
12by the Pennsylvania Attorney General pursuant to 28
13Pa. Code § 25.131 (relating to every dispensing
<-17(B) all other schedules upon receipt of a court
18order. Upon receipt of a motion under this clause,
19the court may enter an ex parte order granting the
20motion if the law enforcement agency has demonstrated
21by a preponderance of the evidence that:
1cause to obtain a search warrant or arrest warrant.
12(6) Designated representatives from the Commonwealth or
13out-of-State agency or board responsible for licensing or
14certifying prescribers or dispensers whose professional
15practice was or is regulated by that agency or board for the
16purpose of conducting administrative investigations or
24(9) Personnel from the Department of Aging engaged in
25the administration of the Pharmaceutical Assistance Contract
26for the Elderly (PACE) and the Pharmaceutical Assistance
27Contract for the Elderly Needs Enhancement Tier (PACENET)
5(12) Upon providing evidence of identity and within six
6months from the date of the request, an individual who is the
7recipient of a controlled substance prescription entered into
8the program, the individual's parent or guardian if the
9individual is under 18 years of age or the individual's
10health care power of attorney.
11Section 10. Unlawful acts and penalties.
20(b) Civil violations.--
6(d) Additional sanctions.--A prescriber or dispenser
7violating provisions of this act shall also be subject to
8sanctions under the prescriber's or dispenser's professional
9practice acts and by the appropriate licensing boards.
10Section 11. Program funding.
25(f) Transfer of funds.--Any funds currently appropriated
26shall be redirected and used for the operation of the program.
27Additional agencies utilizing the system, including licensing
28boards, may also transfer funds to the department for operation
29of the program.
30Section 12. Admissibility.
1(a) Use of data.--Except as provided in subsection (b), data
2provided to, maintained in or accessed from the program that may
3be identified to, or with a particular individual is not subject
4to discovery, subpoena or similar compulsory process in any
5civil, judicial, administrative or legislative proceeding, nor
6shall any individual or organization with lawful access to the
7data be compelled to testify with regard to the data.
10(1) a criminal proceeding; or
13Section 13. Annual report.
14Within two years of the effective date of this act and
15annually thereafter, the board shall submit a report to the
16General Assembly. The report shall also be made available on the
17department's publicly accessible Internet website and shall
18include all of the following:
29(6) Other information as determined by the board.
30Section 14. Regulations.
3Section 15. Concurrent jurisdiction.
7Section 16. Effective date.
8This act shall take effect as follows:
9(1) Section 4 of the act shall take effect in 90 days.
10(2) This section shall take effect immediately.