1Providing for prescription drug monitoring; creating the ABC-MAP
2Board; establishing the Achieving Better Care by Monitoring
3All Prescriptions Program; and providing for unlawful acts
4and penalties.


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.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Achieving
8Better Care by Monitoring All Prescriptions Program (ABC-MAP)

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
21controlled substances.

22Section 3.  Definitions.

23The following words and phrases when used in this act shall
24have the meanings given to them in this section unless the
25context clearly indicates otherwise:

<-26"Addiction specialist." A physician licensed by the State
27Board of Medicine and certified by the American Board of
28Addiction Medicine.

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.

6"Dispense."  To deliver a controlled substance, other drug or
7device to a patient by or pursuant to the lawful order of a

9"Dispenser."  A person lawfully authorized to dispense in
10this Commonwealth, including mail order and Internet sales of
11pharmaceuticals. The term does not include any of the following:

12(1)  A licensed health care facility that distributes the 
13controlled substance for the purpose of administration in the 
14licensed health care facility.

15(2)  A correctional facility or its contractors if the
16confined person cannot lawfully visit a prescriber outside
17the correctional facility without being escorted by a
18corrections officer.

19(3)  An authorized person who administers a controlled
20substance, other drug or device.

21(4)  A wholesale distributor of a controlled substance.

22(5)  A licensed provider in the LIFE program.

23(6)  A provider of hospice as defined in the act of July
2419, 1979 (P.L.130, No.48), known as the Health Care
25Facilities Act.

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.

6"LIFE program."  The program of medical and supportive
7services known as Living Independently For Elders.

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.

13"Program."  The Achieving Better Care by Monitoring All
14Prescriptions Program (ABC-MAP) created in section 6.

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.

21(b)  Board composition.--The board shall consist of the
22following individuals or their designees:

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.

1(9) The Physician General, if the Secretary of Health is
2not a physician.

3(c)  Term limits.--Each member of the board shall serve for
4the duration of their elected or appointed position.

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:

11(1)  Evaluate and secure a vendor of an electronic
12prescription monitoring system for the purpose of carrying
13out the provisions of this act.

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.

28(4)  Phase in an enforcement process so that dispensers
29and prescribers may transition and have adequate time to make
30the necessary changes to their operating systems.

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.

10(iii)  Allow for authorized department personnel to
11conduct internal reviews, analyses and interpret program

13(iv)  Safeguard the release of information to
14authorized users and department personnel and ensure the
15privacy and confidentiality of patients and patient

17(v)  Aid prescribers in identifying at-risk
18individuals and referring them to drug addiction
19treatment professionals and programs.

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.

27(vii)  Train, educate and instruct prescribers and
28dispensers on the use of the system.

29(viii)  Permit individuals employed by prescribers
30and dispensers to query the program as designees and set

1explicit standards to ensure the security of the system
2when a designee is indicated.

3(ix)  Keep pace with technological advances that
4facilitate the interoperability of the program with other
5states' prescription drug monitoring programs and
6electronic health information systems.

7(x)  Evaluate the costs and benefits of the program.

8(xi)  Convene the advisory group at least annually.

9(xii)  Direct the department to operate and maintain
10the program on a daily basis.

11(xiii)  Review the program for the purpose of
12compiling statistics, research and educational materials
13and outreach.

14Section 6.  Establishment of program.

15(a)  General rule.--The board shall establish and oversee and
16the department shall administer the Achieving Better Care by
17Monitoring All Prescriptions Program.

18(b)  Program components.--This program shall:

19(1)  Provide an electronic <-web-based data system of
20controlled substances prescribed and dispensed in this

22(2)  Be easily accessible by prescribers, dispensers and

24(3)  Provide training and support for those using the
25data system.

26(4)  Contain processes for prescribers to refer patients
27to substance abuse treatment.

28(c)  Program queries.--The program shall maintain a record of
29database queries that contains all of the following:

30(1)  Identification of each person who requests or

1receives information from the database.

2(2)  Information provided to each person.

3(3)  Date and time the information is requested and

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.

21(f) Expiration.--Current pharmacy reporting requirements to
22the Attorney General shall expire and shall no longer be
23enforceable upon the full implementation of the program.

24Section 7.  Requirements for dispensers.

25(a)  Submission.--A dispenser shall, according to the format
26determined by the board, electronically submit information to
27the program regarding each controlled substance dispensed.

28(b)  Data elements.--All of the following information shall
29be provided by a dispenser:

30(1)  Full name of the prescriber.

1(2)  Prescriber Drug Enforcement Agency (DEA)
2registration number.

3(3)  Date prescription was written.

4(4)  Date prescription was dispensed.

5(5)  Full name, date of birth, gender and address of the
6person for whom the prescription was written and dispensed.

7(6)  The National Drug Code.

8(7)  Dosage quantity and days' supply.

9(8) DEA registration number and National Provider

11(9)  Method of payment for the prescription.

12(c)  Frequency.--A dispenser shall submit all information
13required under subsection (b) to the program no later than 72
14hours after dispensing a controlled substance.

15Section 8.  Requirements for prescribers.

16(a)  Program query.--A prescriber shall query the program:

17(1)  for each patient the first time the patient is 
18prescribed a controlled substance by the prescriber for
19purposes of establishing a base line and a thorough medical
20record; and

21(2) if a prescriber believes or has reason to believe,
22using sound clinical judgment, that a patient may be abusing
23or diverting drugs.

24(b)  Medical record entries.--A prescriber shall indicate the
25information obtained from the program in the patient's medical
26record if:

27(1) the individual is a new patient; or

28(2) the prescriber determines a drug should not be
29prescribed or furnished to a patient based upon the
30information from the program.

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.

19(b)  Authorized users.--The following individuals may query
20the program according to procedures determined by the board and
21with the following limitations:

22(1) Prescribers may query the program for:

23(i)  an existing patient; and

24(ii)  prescriptions written using the prescriber's
25own Drug Enforcement Agency number.

26(2) Dispensers may query the program for a current
27patient to whom the dispenser is dispensing or considering
28dispensing any controlled substance.<-

29(3) (i) Federal and State law enforcement officials may 
30query the program for:

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 
7practitioner); and

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:

13(I) the motion pertains to a person who is
14the subject of an active criminal investigation
15with a reasonable likelihood of securing an
16arrest or prosecution in the foreseeable future;

18(II) there is reasonable suspicion that a
19criminal act has occurred.

20(ii) Data obtained under this paragraph may only be 
21used by a law enforcement official to establish probable 
22cause to obtain a search warrant or arrest warrant.

23(4)  A grand jury may query the program if investigating
24a criminal violation of a law governing controlled

26(5)  Approved department personnel may query the program
27for the purpose of:

28(i)  conducting internal reviews related to
29controlled substance laws; or

30(ii)  engaging in the analysis of controlled

1substance prescription information as part of the
2assigned duties and responsibilities of employment.

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

9(7) Personnel from the Department of Public Welfare
10engaged in the administration of the medical assistance

12(8)  Personnel from the Insurance Department engaged in
13the administration of the Children's Health Insurance Program

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)

20(10)  A medical examiner or county coroner for the
21purpose of investigating the death of the individual being

23(11)  A prescription drug monitoring official, dispenser
24or prescriber of a state with which this Commonwealth has an
25interoperability agreement.

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.

3(a) Unlawful acts.--A person commits a misdemeanor of the
<-4third <-second degree if the person:

5(1)  Knowingly or intentionally releases, publishes or
6otherwise makes available the information from the program
7for purposes other than those specified in section 8.

8(2)  Obtains or attempts to obtain information from the
9program for purposes other than those specified in section 8
10or by misrepresentation or fraud.

<-11(b) Criminal violations.--Each violation under subsection
12(a) shall constitute a separate offense.

<-13(b) <-(c)  Civil violations.--

14(1)  Knowing, intentional and negligent release or use of
15information from the program shall be subject to a civil
16penalty of not less than $2,500 for each offense.

17(2)  Other civil penalties shall be assessed in
18accordance with department regulations.

<-19(c) <-(d)  Collection of penalties.--The department shall be
20entitled to reasonable attorney fees and costs for successful
21collection actions and may:

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.

26(2)  Seek legal assistance from the Attorney General,
27the county or the district attorney of the county in which
28the action is brought to collect the penalty.

<-29(d) <-(e)  Additional sanctions.--A prescriber or dispenser
30violating provisions of this act shall also be subject to

1sanctions under the prescriber's or dispenser's professional
2practice acts and by the appropriate licensing boards.

3Section 11.  Program funding.

4(a)  General rule.--The department may use the money
5deposited in the General Fund and appropriated to the department
6to carry out the requirements of this act.

7(b)  Civil penalties.--All civil penalties assessed under
8this act shall be deposited in the General Fund and appropriated
9to the department to implement the program.

10(c)  Data fees.--All costs associated with recording and
11submitting data shall be assumed by the submitting dispenser.

12(d)  Other funding opportunities.--The board may direct the
13department to pursue Federal funding and grants, both public and

15(e)  Fees prohibited.--A dispenser or prescriber shall not be
16required to pay a fee or tax specifically dedicated to the
17establishment, operation or maintenance of 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.

1(b)  Exceptions.--The restrictions in subsection (a) do not
2apply to:

3(1)  a criminal proceeding; or

4(2) a civil, judicial or administrative action brought
5to enforce the provisions of this act.

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:

12(1)  The number of times the program has been legally and
13illegally accessed.

14(2)  The rate by which prescribers are utilizing the

16(3)  Any impact on prescribing practices for controlled

18(4)  The cost effectiveness of the frequency of data

20(5)  The effectiveness of the interoperability with other
21states and electronic medical records.

22(6) Other information as determined by the board.

23Section 14.  Regulations.

24The department shall promulgate regulations to implement the
25provisions of this act.

26Section 15.  Concurrent jurisdiction.

27The Attorney General shall have concurrent prosecutorial
28jurisdiction with the county district attorney for violations of
29this act.

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.

4(3) The remainder of this act shall take effect June 30,