PRIOR PRINTER'S NOS. 1573, 1854, 1981,
PRINTER'S NO. 2370
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 SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 7, 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 <-12. Annual report.
2Section 14 <-13. Regulations.
3Section 15 <-14. Concurrent jurisdiction.
4secti<-on 39. EXPIRATION.
5Section 16 40<-. Effective date.
8Section 1. Short title.
12Section 2. Purpose.
13This act is intended to increase the quality of patient care
14by giving prescribers and dispensers access to a patient's
<-15prescriptive prescription medication history through an
16electronic <-data system that will alert medical professionals to
17potential dangers for purposes of making treatment
18determinations. The act further intends that patients will have
19a thorough and easily obtainable record of <-their prescriptions
20for purposes of making educated and thoughtful health care
21decisions. Additionally, the act seeks to aid regulatory and law
22enforcement agencies in the detection and prevention of fraud,
23drug abuse and the criminal diversion of controlled substances.
24Section 3. Definitions.
1"Board." The ABC-MAP Board established in section 4.
2"Controlled substance." A drug, substance or immediate
3precursor included in the act of April 14, 1972 (P.L.233,
4No.64), known as The Controlled Substance, Drug, Device and
5Cosmetic Act, or the Controlled Substances Act (Public Law 91-
6513, 84 Stat. 1236).
7"Department." The Department of Health of the Commonwealth.
23(4) A wholesale distributor of a controlled substance.
24(5) A licensed provider in the LIFE program.
4(8) A veterinarian.
5"Licensed health care facility." A health care facility that
6is licensed under Article X of the act of June 13, 1967 (P.L.31,
7No.21), known as the Public Welfare Code, or the act of July 19,
81979 (P.L.130, No.48), known as the Health Care Facilities Act.
13"Prescriber." A person who is licensed, registered or
14otherwise lawfully authorized to distribute, dispense or to
15administer a controlled substance, other drug or device in the
16course of professional practice or research in this
17Commonwealth. The term does not include a veterinarian.
23Section 4. ABC-MAP Board.
24(a) Creation.--The ABC-MAP Board is created in the
25Department of Health. <-The board shall establish the program. The
26department shall operate the program by performing budgetary,
27accounting, procurement and other support services as directed
28by the board.
3(2) The Secretary of <-Public Welfare Human Services.
4(3) <-The Secretary of Drug and Alcohol Programs.
5(4) <-The Secretary of State.
6(5) The Insurance Commissioner.
7(6) <-The Secretary of Aging.
8(7) The Commissioner of <-the Pennsylvania State Police.
9(8) The Attorney General.
14(d) Meetings.--The board shall meet at least once a year for
15the purpose of assessing the costs and benefits of the program
16and effectuating any necessary changes. The board may meet more
17frequently at the discretion of the chairperson.
18Section 5. Powers and duties of board.
19The board shall have the following powers and duties:
23(2) Appoint an advisory group comprised of dispensers,
24prescribers, law enforcement <-officials, addiction
25specialists, patient and privacy advocates and individuals
26with expertise considered important to the operation of the
27program. All members shall have <-unique varying perspectives
28and will provide input and recommendations to the board
29regarding the establishment and maintenance of the program.
30The advisory group shall not exceed <-twelve 12 members.
1(3) Provide Create a written notice <-to be used by
2prescribers and used or displayed by dispensers to provide
3notice to patients that information regarding prescriptions
4for controlled substances is being collected by the <-ABC-MAP
5program and that the patient has a right to <-annually review
6and correct the information <-at no charge to the patient. The
7manner of notice may be determined by the board with the
8advice of the advisory group <-with the program. The notice
9must include all of the following:
10(i) The manner in which the patient may access the
11patient's personal information <-using a form or online
12access. <-The notice shall state that one-time annual
13patient access shall be at no cost.
27(5) Develop protocols and policies <-and procedures to:
1or no fiscal impact to the Commonwealth or those
2reporting <-required to report. Any change in the frequency
3of reporting shall be made in collaboration with the
4Board of Pharmacy and the Board of Pharmacy's members to
5ensure that a pharmacy is able to accommodate the change.
6(ii) Evaluate the information in the <-program system.
17(vi) Establish professionally developed criteria,
18with the advice of the advisory group<-, that generates
19referrals of prescription monitoring information to the
20appropriate licensing board in the Department of State<-.
<-21only A referral may only be generated when the system
22produces an alert that there is a pattern of irregular
23data <-deviating for a dispenser or prescriber which
24appears to deviate from the clinical standard.
<-27(viii) Assist professional organizations whose
28members prescribe, monitor or treat patients or dispense
29controlled substances to patients to develop educational
30programs for those members relating to prescribing
1practices, pharmacology, controlled substance abuse and
<-2clinical standards, including identification of those at
3risk for controlled substance abuse and referral and
4treatment options for patients. <-clinical standards,
8(B) referral and treatment options for patients.
<-9(viii) (ix) Permit individuals employed by
10prescribers<-, pharmacies and dispensers to query the
11program system as designees <-so long as each individual
12designee has a unique identifier when accessing the
13database and set explicit standards to qualify
14individuals authorized to query the <-program system and to
15ensure the security of the system when used by a
<-17(ix) (x) Keep pace with technological advances that
18facilitate the interoperability of the <-program system
19with other states' prescription drug monitoring <-programs
<-20systems and electronic health information systems.
<-30(xv) Identify a any controlled substance that has
3Section 6. Establishment of program.
4(a) General rule.--The board shall establish and oversee <-and
5the department shall administer the Achieving Better Care by
6Monitoring All Prescriptions Program. <-the program. The
7department shall administer the program by performing budgetary,
8accounting, procurement and other support services as directed
9by the board.
10(b) Program components.--<-This The program shall:
<-15(3) Provide an accessible website, including forms that
16can be used by a patient to request a copy of or access to
<-17where a patient may electronically request or download a form
18to request a copy of the patient's program record.
30(3) <-Date The date and time the information is requested
2(d) Record retention.--The board shall remove from the
3program system all identifying information more than <-three seven
4years old from the date of collection. The information shall be
5destroyed unless a law enforcement agency or a professional
6licensing or certification agency or board for prescribers or
7dispensers has submitted a written request to the department for
8retention of specific information for cause. The information may
9be kept for an additional period of one year and all requests
10shall comply with procedures adopted by the board. The
11department may not grant more than two extensions regarding the
12retention of the same identified specific information <-unless
13required to do so by court order.
14(e) Good cause exception.--The program shall contain a good
15cause exception for dispensers and prescribers who are unable to
16submit the required data electronically and shall allow for the
17manual submission of data if the dispenser or prescriber does
18not have Internet access.
19(f) Expiration.--Current pharmacy reporting requirements to
20the Attorney General shall expire and shall no longer be
21enforceable upon the full implementation of the program. <-Any
22data that has been reported to the Office of Attorney General
23pursuant to 28 Pa. Code § 25.131 (relating to every dispensing
24practitioner) that satisfies the retention requirements of
25subsection (d) shall be transferred to the program.
26Section 7. Requirements for dispensers <-and pharmacies.
27(a) Submission.--A dispenser <-or pharmacy shall, according to
28the format determined by the board, electronically submit
29information to the <-program system regarding each controlled
3(1) <-Full The full name of the prescriber.
6(3) <-Date The date the prescription was written.
7(4) <-Date The date the prescription was dispensed.
11(6) The National Drug Code.
12(7) <-Dosage quantity and days' Days' supply.
15(9) <-Method The method of payment for the prescription.
22Section 8. Requirements for prescribers.
1or diverting drugs.
5(1) the individual is a new patient; or
9(c) Prescriber designee.--Prescribers may designate
10employees for purposes of accessing the <-program system according
11to standards established by the board. In assigning a designee,
12a prescriber shall give preference to a professional nurse
13licensed by the State Board of Nursing.
14(d) Nonviolation.--A prescriber or dispenser who, <-using a
15sound standard of care in the exercise of <-sound clinical
16judgment, does not believe that a patient is abusing or
17diverting controlled substances shall not be in violation of
18this act for not seeking or obtaining information from the
<-19program system prior to prescribing or dispensing so long as the
20prescriber or dispenser is otherwise in compliance.
<-21(e) Immunity.--A prescriber or dispenser who has submitted
22or received information from the <-program system in accordance
23with this section and section 7, and has held the information in
24confidence as required by section 9, shall not be held civilly
25liable or disciplined in a licensing board action for submitting
26the information or not seeking or obtaining information from the
<-27program system prior to prescribing or dispensing a controlled
29Section 9. Access to prescription information.
30(a) Confidentiality.--Except as set forth in subsection (b),
1prescription information submitted to the <-program system and
2records of requests to query the <-data system shall be
3confidential and not subject to disclosure under the act of
4February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
8(1) Prescribers may query the <-program system for:
9(i) an existing patient; and
15(3) (i) <-Federal and State law enforcement officials may
16query the program for: <-The Office of Attorney General
17shall query the <-program system on behalf of all law
18enforcement agencies, including, but not limited to, the
19Office of the Attorney General and Federal, State and
20local law enforcement agencies for:
21(A) Schedule II controlled substances as
22indicated in the act of April 14, 1972 (P.L.233,
23No.64), known as The Controlled Substance, Drug,
24Device and Cosmetic Act and in the manner determined
25by the Pennsylvania Attorney General pursuant to 28
26Pa. Code § 25.131 (relating to every dispensing
11(ii) Data obtained <-under this paragraph may by a law
12enforcement agency under this paragraph shall only be
13used <-by a law enforcement official to establish probable
14cause to obtain a search warrant or arrest warrant.
<-15(iii) Requests made to the Office of Attorney
16General to query the <-program system under this paragraph
17shall be made in a form or manner prescribed by the
18Office of Attorney General and shall include the court
19order, when applicable. <-Each individual designee of the
20Office of Attorney General shall have a unique identifier
21when accessing the database.
22(4) <-A The Office of Attorney General shall query the
23program system on behalf of a grand jury <-may query the
24program if investigating a criminal violation of a law
25governing controlled substances.
30(ii) engaging in the analysis of controlled
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
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(7) Designated Commonwealth personnel who are
21responsible for the development and evaluation of quality
22improvement strategies, program integrity initiatives or
23conducting internal compliance reviews and data reporting for
24the medical assistance program, Children's Health Insurance
25Program (CHIP), Pharmaceutical Assistance Contract for the
26Elderly (PACE) or Pharmaceutical Assistance Contract for the
27Elderly Needs Enhancement Tier (PACENET).
<-7(12) (11) Upon providing evidence of identity and within
830 days from the date of the request, an individual who is
9the recipient of a controlled substance prescription entered
10into the <-program system, the individual's parent or guardian
11if the individual is under 18 years of age or the
12individual's health care power of attorney.
<-13(c) Access for active investigation.--In the case where a
14law enforcement agency has accessed the database for an active
15investigation, the information about that query shall be
16withheld from the individual subject to the query for a period
17of six months after the conclusion of the investigation.
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 system for purposes other
8than those 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 system.
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 reports.
<-7(a) Board report.--Within two years of the effective date of
8this act and annually thereafter, the board shall submit a
9report to the General Assembly. The report shall also be made
10available on the department's publicly accessible Internet
11website and shall include all of the following:
24(6) (7) Other information as determined by the bo<-ard.
25(b) Other report.--With<-in two years of the effective date of
26this act and annually thereafter, the Office of Attorney General
27in conjunction with law enforcement shall submit an annual
28report to the General Assembly.
29Section <-14 13. Regulations.
30The department shall promulgate regulations to implement the
1provisions of this act.
2Section <-15 14. Concurrent jurisdiction.
<-6Section 39. Expiration.
7This act shall expire June 30, 2022.
8Section <-16 15 40. Effective date.
9This act shall take effect as follows:
12(2) This section shall take effect immediately.