SB 146 - This act establishes the Prescription Drug Monitoring Act. The Department of Health and Senior Services is required to establish and maintain a program to monitor the prescribing and dispensing of all Schedule II controlled substances or a Schedule III controlled substance containing dihydrocodone by all licensed professionals who prescribe or dispense these substances in Missouri and where such substances are purchased by a cash transaction. "Cash transaction" is defined as a payment to a dispenser by a patient by means other than through a third party payer which conducts business for the purpose of making payment for health care services delivered to a patient, including but not limited to a health carrier defined under Section 376.1350 and self-insured entities. The provisions of the Prescription Drug Monitoring Program be funded with private moneys.
A dispenser shall electronically submit to the department information for each prescription and specify the frequency of the submissions within every 7 days except that such information shall be transmitted immediately once the department has provided for the information to be transmitted in real-time. Such real-time transmission shall occur by August 28, 2016, or sooner if such technology becomes available.
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 can submit the required information in paper format or by other approved means. The department shall reimburse each dispenser for the fees and other direct costs of transmitting the information required by this act.
All submitted prescription information shall be kept confidential with specified exceptions. This act authorizes the release of non-personal, general information for statistical, educational, and research purposes. The department shall review the dispensation information and, if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the department shall notify the appropriate law enforcement or professional regulatory entity and provide dispensation information required for an investigation.
The department shall not retain the data obtained from the controlled substances dispensation monitoring program under this act more than 90 days after the prescription was written or was filled by the patient, whichever is sooner.
Dispensers who knowingly fail to submit the required information or who knowingly submit incorrect dispensation information shall be subject to a $1,000 administrative penalty per violation. Any persons authorized to have dispensation information who knowingly disclose such information or who use it in a manner and for a purpose in violation of the act shall be guilty of a Class A misdemeanor.
Neither the sovereign nor the official immunity doctrines shall apply to a person or a department authorized to have private prescription-related medical information under this act in instances when such information is disclosed. If the department is responsible in whole or in part for private prescription-related medical information being negligently disclosed, then the person whose information was disclosed shall have a cause of action to recover liquidated damages in the amount of $25,000 in addition to compensatory economic and non-economic damages, attorney fees, and court costs. If it is determined by a court of competent jurisdiction that such disclosure was done intentionally and maliciously, then the person shall be entitled to punitive damages in addition to the damages above. None of the foregoing damages shall be paid out from the state legal expense fund but shall be paid out of the appropriations to the department for its operations.
The department shall create and implement an educational course regarding the provisions of this act and, when appropriate, shall work with associations for impaired professionals to ensure the intervention, treatment, and ongoing monitoring of patients who have been identified as being addicted to substances monitored by the act.
The Bureau of Narcotics and Dangerous drugs within the department shall establish, beginning January 1, 2014, a two -year statewide pilot project for the reporting of fraudulently obtained prescription controlled substances. The bureau shall submit on or before February 1, 2016, a report to the General Assembly detailing the specified information regarding the pilot project.
The provisions of the act regarding the pilot project shall expire three years from the effective date and the other provisions of the act shall expire six years from the effective date of this act.
These provisions are substantially similar to provisions contained in SS#3/SCS/SB 710 (2012) and to HCS/HB 1193 (2012).
This act contains a referendum clause.