AN ACT TO REVISE THE NORTH CAROLINA CONTROLLED SUBSTANCES REPORTING SYSTEM ACT, AS RECOMMENDED BY THE CHILD FATALITY TASK FORCE. Enacted June 19, 2013. Sections 1 and 2 are effective January 1, 2014. The remainder is effective June 19, 2013.
Summary date: Jun 24 2013 - View summary
Summary date: Jun 4 2013 - View summary
House amendment #1 makes the following changes to the 2nd edition. Amends subdivision (5) of GS 90-113.74(c) to expand the list of persons to whom the Department of Health and Human Services (DHHS)may release data from the controlled substances reporting systemto include a sheriff or a police chief or their designees who are (1) assigned to investigate the diversion and illegal use of prescription medication or pharmaceutical products identified in Article 5 of GS Chapter 90 as schedule II through V controlled substances, and (2) engaged in a bona fide specific investigation related to the enforcement of laws governing licit drugs under a lawful court order. Amends subsection (e) to direct the state Attorney General's Office to review any findings reported to that office by DHHS to determine if the findings should be reported to the SBI and the appropriate sheriff for investigation of possible violations of state or federal law regarding controlled substances.
House amendment #2 makes the following changes to the 2nd edition. Amends subdivision (3) of GS 90-113.4(c) to provide that data from the controlled substances reporting system released by DHHS to special agents of the State Bureau of Investigation may be provided by SBI agents assigned to the Diversion & Environmental Crimes Unit who may then give this information to other SBI agents who are engaged in a bona fide specific investigation related to the enforcement of laws governing licit drugs. Amends GS 90-113.75(c) to provide that an entity (was, health care provider or entity)permitted to access data under Article 5 of GS Chapter 90 (the NC Controlled Substances Reporting System Act), who acting in good faith reports or transmits data required or allowed by this Articleis immune from civil or criminal liability that might otherwise be incurred or imposed as a result of making the report or transmitting the data.
Summary date: Apr 15 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 90-113.73 (Requirements for controlled substances reporting system), providing that the dispensers of specified controlled substances must report the information required under this section no later than the close of business three business days after the day when the prescription was delivered, beginning the next day after the delivery date; however, dispensers are encouraged to report the information no later than 24 hours after the prescription was delivered (was, dispenser was required to submit the information no later than 24 hours after the prescription was dispensed). Deletes the requirement that the dispensers submit the specialty of the practitioner and documentation of photographic identification presented by the person seeking dispensation of the prescription, when required by GS 90-106.1.
Amends GS 90-113.74 (Confidentiality), making technical and clarifying changes. Provides that information can be reported regarding the prescribing practice of a practitioner pursuant to rules adopted in subsection (b2). GS 90-113.74(b2) establishes that in order to receive a report pursuant to subdivision (2) of subsection (b1) of this section, an agency responsible for licensing, registering, or certifying a practitioner with prescriptive or dispensing authority must adopt rules establishing the criteria by which the Department may report the information to the agency.
Sections 1 and 2 of this act become effective on January 1, 2014, and apply to prescriptions delivered on or after that date. The remainder of this act is effective when it becomes law.
Summary date: Mar 6 2013 - View summary
Identical to H 173, filed 2/27/13.
Amends GS 90-113.72 to clarify that a licensed veterinarian is not considered a dispenser for the purposes of GS Chapter 90, Article 5E (North Carolina Controlled Substances Reporting System Act).
Amends GS 90-113.72 requiring dispensers to report required information about prescriptions no later than 24 hours (was, seven days) after dispensing the prescription. Adds method of payment, specialty of practitioner, and documentation of photographic identification presented by the person seeking the prescription if required, to the list of information required to be reported. Excludes from reporting instances where a controlled substance is provided directly to the user and quantity provided does not exceed a 48-hour supply.
Creates new subsection GS 90-113.74(b1), giving the Department of Health and Human Services (Department) the power to review prescription information data in the NC Controlled Substance Reporting System (System) for the purposes of identifying information that may indicate a person is obtaining prescriptions of controlled substances in a manner consistent with abuse, diversion, or increased risk of harm to patient. If such information is identified, the Department may notify the prescribing or dispensing practitioners. The Department may also review information in the System that might indicate a breach of professional standards and notify any agency responsible for licensing, registering, or certifying the practitioner. Allows System data to be released to a person delegated by an individual authorized to prescribe or dispense controlled substances for medical or pharmaceutical care.
Amends GS 90-113.75, increasing civil penalties to a max of $10,000 (was, $5,000) per violation. Rules establishing factors to be considered regarding the amount of penalty assessed will be adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
Amends GS 90-5.2 by adding a new subsection requiring the North Carolina Medical Board to make email addresses and fax numbers of physicians and physician assistants available to the Department for use in the System.
Makes clarifying and technical changes.