|
SS/HCS/HBs 90 & 68 - This act establishes the Narcotics Control 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, III, and IV controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. The provisions of this act shall be subject to appropriations and also may be funded with federal or private moneys. A dispenser shall electronically submit to the Department specified information for each prescribed Schedule II, III, and IV controlled substance dispensed. 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. Beginning January 1, 2019, the Department shall begin phasing in a requirement that dispensers report data in real time with all report data to be submitted in real time by January 1, 2020. Prescribers shall utilize the program prior to prescribing a Schedule II, III, or IV controlled substance, except in the following cases: (1) medical emergency; (2) circumstances beyond the control of the prescriber; (3) terminal illness or long-term care facility residency; and (4) for the treatment of pain from a surgical or invasive procedure in which the prescription does not exceed a five-day supply. Prescribers who are required to utilize the program under this act and who knowingly fail to do so shall be subject to disciplinary action by their respective professional state regulatory board. All dispensation 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 the dispensation information required for an investigation. No dispensation information submitted to the Department shall be used by any local, state, or federal authority to prevent an individual from owning or obtaining a firearm, or used as the sole basis for probable cause to obtain an arrest or search warrant in a criminal investigation. Dispensers who knowingly fail to submit the required information or who knowingly submit incorrect dispensation information shall be subject to a penalty of $1,000 per violation. Any persons who are authorized to have prescription or dispensation information and who knowingly disclose such information or who knowingly use it in a manner and for a purpose in violation of this act shall be guilty of a Class E felony. If a political subdivision of this state is operating a prescription monitoring program for controlled substances, it shall surrender and the state shall assume all obligations under any existing user or other agreement until the provisions of this act and the rules implementing them have been implemented. If an unforeseen issue arises that prevents the state from assuming the obligations of the political subdivision's program, this provision shall be void and control of the program shall revert back to the political subdivision and not be prohibited. This act is similar to SCS/SBs 314 & 340 (2017) and SB 231 (2017) and similar to SS/SCS/SB 74 (2017), HB 1892 (2016), SB 768 (2016), HCS/SS/SCS/SBs 63 & 111 (2015), HCS/HB 130 (2015), and HCS/HB 816 (2015). SARAH HASKINS
|
