SS/SCS/HCS/HB 1193 - LIMITATION ON QUANTITY AND OUT-OF-STATE PRESCRIPTIONSA pharmacist, in good faith, may sell and dispense controlled substances to any person upon a prescription of a practitioner located in another state, provided that:
(1) The prescription was issued according to and in compliance with the applicable laws of that state and the United States; and
(2) The quantity limitations in this state apply to patients located in this state. SECTION 195.060
Currently, the quantity of Schedule III, IV or V controlled substances dispensed at any one time is limited to a 90-day supply with the ability to increase the amount up to 3 months under certain circumstances. This act provides that such supply limitations shall not apply if the prescription is issued by a practitioner located in another state according to and in compliance with the applicable laws of that state and the United States and dispensed to a patient located or residing in another state. SECTION 195.080
PRESCRIPTION DRUG MONITORING ACT
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 through Schedule IV controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. The provisions of this act shall be funded with federal or private moneys.
A dispenser shall electronically submit to the department information for each prescription and specify 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 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.
The Department of Health and Senior Services shall not retain the data obtained from the Prescription Drug Monitoring Program for more than 90 days after receipt of such data
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.
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.
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, 2014, 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. SECTIONS 195.450 TO 195.477
PHYSICIAN ASSISTANT PRESCRIPTIONS
Under current law, physician assistants who are authorized to prescribe controlled substances shall register with the federal Drug Enforcement Administration and the State Bureau of Narcotics and Dangerous Drugs and shall include such registration numbers on prescriptions for controlled substances. This amendment requires the physician assistants to only include the registration number from the Drug Enforcement Administration on the prescriptions. SECTION 334.747
This act has a referendum clause.
This act is substantially similar to SS#2/SCS/SB 710 (2012).
ADRIANE CROUSE
SA 1 - REMOVES THE PRESCRIPTION DRUG MONITORING PROGRAM PROVISIONS FROM THE BILL EXCEPT FOR THE PILOT PROGRAM. ONLY SECTIONS 195.060; 195,080; 195.477; AND 334.747 REMAIN
SSA 1 FOR SA 1 - DOES THE SAME AS SA 1 AND ALSO CHANGES THE REAUTHORIZATION DATE FOR THE PILOT PROGRAM FROM 12 YEARS TO 6 YEARS IN SECTION 195.477
SA 3 TO SSA 1 FOR SA 1 - CHANGES THE TITLE FROM "CONTROLLED SUBSTANCES" TO "CONTROLLED PRESCRIPTIONS"