SB 706 - This act prohibits the requirement of a prescription for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in current law. A prescription shall be required for such drug in excess of the statutory limits. This act also changes the amounts that can be sold, dispensed, or otherwise provided to a person in a 30-day period from a maximum of 9 grams to a maximum of 7.5 grams. These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), and HCS/SS#2/SCS/SB 523 (2020).
Additionally, this establishes a prescription abuse registry. The Department of Health and Senior Services shall, by January 1, 2022, establish and maintain a prescription abuse registry. Individuals aged 18 years or older may request to be listed in the registry. Individuals may request to be removed as specified in the act after 5 years from the date such individual was listed in the registry.
Information contained in the registry shall be confidential. The Department shall enable health care providers to access the registry for the sole purpose of determining whether an individual is listed in the registry and shall only provide a response that confirms or denies the individual's presence in the registry. No department, agency, instrumentality, political subdivision, state or federal law enforcement agency, or any individual other than a health care provider shall have access to the registry.
Any person who knowingly and unlawfully accesses or discloses information in the registry and any person authorized to have access who knowingly uses or discloses such information in violation of the provisions of this act shall be guilty of a Class E felony. Additionally, this act provides a private cause of action for persons whose data has been disclosed to an unauthorized person. Recovery under this cause of action shall include liquidated damages of $2,500 and compensatory economic and non-economic damages, attorney's fees, and court costs. Punitive damages are available for intentional and malicious unauthorized disclosure.
SARAH HASKINS