Board and Division required to develop computerized program to track prescriptions for controlled substances; reporting of illegal activity; confidentiality of information obtained from program; gifts, grants and donations.
1. The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:
(a) Be designed to provide information regarding:
(1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and
(2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.
(b) Be administered by the Board, the Division, the Health Division of the Department of Human Resources and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Division.
(c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.
2. The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
3. The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
4. Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person. That information must be disclosed:
(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
(b) Upon the lawful order of a court of competent jurisdiction.
5. The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
Last modified: February 26, 2006