SB 85 Establishes a drug monitoring program and modifies existing record keeping for controlled substances and pseudoephedrine products
Sponsor: Champion Co-Sponsor(s)
LR Number: 0496L.13C Fiscal Note: 0496-13
Committee: Seniors, Families and Public Health
Last Action: 5/15/2007 - Voted Do Pass H Fiscal Review Committee Journal Page:
Title: HCS SS SCS SB 85 Calendar Position:
Effective Date: January 1, 2008
House Handler: Dixon

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Current Bill Summary


HCS/SS/SCS/SB 85 - This act modifies a number of provisions relating to monitoring of drugs.

Current law requires certain documentation relating to the sale of products containing pseudoephedrine. For non-prescription pseudoephedrine products, this act requires that the photo identification that must currently be provided to the pharmacist must be issued by a state or the federal government, or another acceptable document. The log currently maintained by pharmacists is modified to now include the signature of the purchaser, the name of the product and the time of the purchase. If the drug monitoring program, described below, is fully operational, the act provides that pharmacists need only comply with the current log to the extent required by rules promulgated by the Department of Health and Senior Services.

The act modifies the current gram limits for the sale of pseudoephedrine products. The act provides that the limits do not apply to quantities that must be sold, dispensed or distributed in a pharmacy under a valid prescription or to any purchase by an individual of a single package containing not more than 60 mg of pseudoephedrine. The current 30 day period limit of 9 grams to a person applies without regard to the number of transactions. For mail order or mobile retail sales within a 30 day period, the limit on pseudoephedrine products shall be 7.5 grams without regard to the number of transactions. Within a calendar day, no person may obtain 3.6 grams without regard to the number of transactions.

The act provides that liquid or liquid-filled gel capsule forms of pseudoephedrine must be in a place where customers do not have direct access to them. The act repeals provisions that exempted the liquid and liquid-filled gel capsule forms of pseudoephedrine from recordkeeping and log maintenance requirements.

The person selling the pseudoephedrine products shall maintain a written or electronic log of each transaction, including the name and signature of the purchaser, the name of the drug, the date and time of purchase and the name or initials of the person selling the drugs.

The act establishes a drug monitoring program in the Department of Health and Senior Services. The program will monitor the prescribing and dispensing of all Schedule II through Schedule V controlled substances, and other methamphetamine precursor drugs designated by the department, by all licensed professionals who prescribe or dispense these substances in Missouri. The dispenser must electronically submit to the department information for each prescription or dispensing. The act specifies the frequency of the submissions. The department may issue a waiver to a dispenser who is unable to submit the required information electronically. If a waiver is obtained, a dispenser may submit the required information in paper format or by other approved means. With certain listed exceptions, all submitted prescription information shall be confidential. Any electronic reporting of sales of products containing ephedrine or pseudoephedrine under federal law without a prescription shall be subject to appropriations and regulation by the department of health and senior services.

The act authorizes the release of non-personal, general information for statistical, educational, and research purposes. The department may contract with other state agencies or private vendors to implement the provisions of this act. The act contains penalty provisions for dispensers and authorized persons who violate provisions of the act. The department is required to implement certain education courses regarding the prescription monitoring program. The department shall, when appropriate, work with associations for impaired professionals to ensure ongoing monitoring and treatment and encourage individual patients who are addicted to substances monitored by the program to receive addiction treatment.

Nothing in the drug monitoring program shall be construed to require a dispenser or prescriber to access or check information from the program prior to dispensing, prescribing or administering medications. Dispensers and prescribers are immune from liability based on any claim of damages as a result of accessing or failing to access the information in the drug monitoring program.

The provisions of this act shall be effective on January 1, 2008 and sunset in six years.

In addition, this act modifies and adds to the current names of scheduled controlled substances.

This act creates the "Pharmacy Rebate Fund" and the "Mo Rx Pharmacy Rebate Fund". Any moneys received by the state from pharmaceutical manufacturer rebates required by federal law or state supplemental rebates shall be deposited in the Pharmacy Rebate Fund and used only in the Medicaid pharmacy program. Any state rebates obtained in conjunction with the Mo Rx program shall be deposited in the Mo Rx Pharmacy Rebate Fund and used only for the Mo Rx pharmacy program.

This act is similar to SB 797 (2006), SB 158 (2005) and HB 987 (2004).

JIM ERTLE