HB 1892 - 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 through Schedule 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 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. Dispensation information shall be retained by the Department for no longer than 5 years.
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. 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.
A person harmed or damaged by any violation of this act may bring a civil action for damages, as well as injunctive relief, to recover damages from the Department or any persons participating in the violation. A prevailing plaintiff shall be entitled to reasonable attorney fees.
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 authorized to have prescription or dispensation information who knowingly disclose such information or who knowingly use it in a manner and for a purpose in violation of the act shall be guilty of a Class D misdemeanor until December 31, 2016, and a class E felony beginning January 1, 2017.
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 provisions of this act shall automatically sunset August 28, 2022, unless reauthorized.
This act is substantially similar to HCS/SS/SCS/SBs 63 & 111 (2015), HCS/HB 130 (2015) and similar to SB 768 (2016), HB 130 (2015), HCS/HB 816 (2015), and HB 816 (2015).
SARAH HASKINS