Bill Summary for H 165 (2015-2016)

Summary date: 

Mar 5 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 165 (Public) Filed Thursday, March 5, 2015
AN ACT TO STRENGTHEN THE MONITORING OF CONTROLLED SUBSTANCES.
Intro. by Lucas, Hurley, Carney, Horn.

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Bill summary

Requires the following entities to adopt the NC Medical Board's Policy for the Use of Opiates for the Treatment of Pain by July 1, 2016: (1) director of the Division of Public Health of the Department of Health and Human Services;  (2) director of the Division of Medical Assistance; (3) director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services; (4) directors of medical, dental, and mental health services within the Department of Public Safety; (5) NC Board of Dental Examiners; (6) NC Board of Nursing; and (7) NC Board of Podiatry Examiners. Directs the following licensing boards to require continuing education on the abuse of controlled substances as a condition of license renewal for those that prescribe controlled substances: (1) NC Board of Dental Examiners; (2) NC Board of Nursing, (3) NC Board of Podiatry Examiners, and (4) NC Medical Board. Requires that at least one hour be a course specifically addressing prescribing practices.

Amends GS 90-113.74 to expand upon the permitted uses of prescription information to include informing medical records or clinical care. Allows the release of data in the controlled substances reporting system to the federal Drug Enforcement Adminstration's Office of Diversion Control and the NC Health Information Exchange. Requires the Department of Health and Human Services (DHHS) to adopt policies and procedures documenting and supporting the additional functionality and expanded access for the NC Controlled Substances Reporting System (System) and for the added entities, and amend its contract with the vendor operating the System to support the added functionality and expanded access.

Requires DHHS to modify the contract for the System to improve performance, establish user access controls, establish data security protocols, and ensure availability of data for advanced analytics. Specifies modifications to be made. The contract modifications must be complete by December 31, 2015, and DHHS must report by November 15, 2015, to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services on progress in modifying the contract.

Requires DHHS to apply for grant funding from the National Association of Boards of Pharmacy to establish the connection to PMP InterConnect. Directs DHHS to request funding in the amount of $40,035 to establish the initial interface for PMP InterConnect and $30,000 for two years of ongoing service, maintenance, and support in order to create interstate connectivity for the drug monitoring program. Makes additional appropriations from the General Fund in the amounts of $5,100, $15,000, $40,035, and $15,000 for activities related to the System and drug monitoring program for fiscal year 2015-16. 

Requires the System to expand its monitoring capacity by establishing data use agreements with the Prescription Behavior Surveillance System. Requires the System to establish a data use agreement with the Center of Excellence at Brandeis University by January 1, 2016.

Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to report every two years, beginning September 1, 2016, on its participation with the Prescription Behavior Surveillance System to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety.

Requires the Division of Medical Assistance to take six specified steps to improve the effectiveness and efficiency of the Medicaid lock-in program, including establishing written procedures for the operation of the program and increasing program capacity. Requires a report to the Joint Legislative Program Evaluation Oversight Committee by September 30, 2015, on its progress.

Creates the Prescription Drug Abuse Advisory Committee (Committee) and requires it to implement a statewide strategic plan to combat the problem of prescription drug abuse. Requires that the Committee include representatives from specified entities as well as others designated by the Secretary of Health and Human Services. After developing the plan, the Committee will be the state's steering committee to monitor achievement and receive regular progress reports. Specifies steps that must be completed in developing the plan. Requires the plan to include three to five strategic goals that are outcome-oriented and measurable. The goals must be connected with objectives supported by five specified system mechanisms. Requires DHHS, in consultation with the Committee, to implement a performance management system that connects the goals and objectives identified in the plan to operations of the Controlled Substances Reporting System and Medicaid lock-in program, law enforcement activities, and oversight of prescribers and dispensers.  Requires DHHS to submit an annual report, beginning December 1, 2016, on the performance of the system for monitoring prescription drug abuse to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety.

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