House committee substitute makes the following changes to the 2nd edition.

Deletes the previous provisions. Changes the act's long and short titles, and now provides the following.

Part I

Titles the act, The Heroin and Opioid Prevention and Enforcement (HOPE) Act of 2018.

Part II

Amends GS 90-89(3), which identifies schedule I hallucinogenic substances, to list 5-Methoxy-N,N-diisopropyltryptamine instead of 5-Methoxy-n-diisopropyltryptamine.

Authorizes the Revisor of Statutes to remove the hyphen that appears in each NBOMe compound after NBOMe and before 2 in GS 90-89(6)a. through l., which lists schedule 1 NBOMe compounds.

Amends GS 90-90(2), which identifies schedule II opiates or opioids, adding fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP).

Amends GS 90-95(d2), which identifies immediate precursor chemicals for which it is a Class H felony to possess with the intent to manufacture a controlled substance or possess or distribute reasonably knowing it will be used to manufacture a controlled substance under subsection (d1) of the statute. Adds N-phenethyl-4-piperidinone (NPP) as an immediate precursor chemical to which subsection (d1) applies. Modifies subdivision (31) of subsection (d2) to identify Phenyl-2-propanone instead of Phenyl-2-propane as an immediate precursor chemical to which subsection (d1) applies.

Amends GS 90-95(h), making any person who sells, manufacturers, delivers, transports, or possesses 28 grams or more of any substituted cathinone (previously, MDPV) or any mixture containing the substance guilty of felony trafficking in substituted cathinones (previously, trafficking in MDPV). Eliminates the provision providing for felony trafficking in mephedrone. Amends the provisions providing for felony trafficking in opium or heroin to modify the felony to now be known as trafficking in opium, opiate, opioid, or heroin, reserved for any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium, opiate, or opioid, or any salt, compound, derivative, or preparation of opium, opiate, or opioid, including heroin, or any mixture containing the substance. Maintains the existing felony class designations for trafficking in opium or heroin based on the quantity of the substance involved, now applicable to trafficking in opium, opiate, opioid, or heroin. Lastly, modifies the provision for felony trafficking in MDADMA to instead refer to the felony as trafficking in MDA/MDMA.

Enacts GS 90-107.1, requiring a certified diversion investigator (investigator) associated with a qualified law enforcement agency (as those terms are defined in GS 90-113.74(i), enacted below) to request and receive from a pharmacy copies of prescriptions and records related to prescriptions in connection with a bona fide active investigation related to the enforcement of laws governing licit or illicit drugs. Details information that the investigator must provide the pharmacy in writing or electronically in the request, including the investigator's name and certification number, the associated case number, the name and date of birth of each individual whose prescription and records the investigator seeks. Requires the investigator to send a copy of the request to the NC State Bureau of Investigation (SBI), Division and Environmental Crimes Unit. Directs the SBI to conduct periodic audits of a random sample of the requests. Requires the pharmacy receiving the request to provide the prescriptions and related records as soon as practicable and no later than two business days after receipt of the request. Provides for nondisclosure of the information received by the investigator except to other law enforcement officials or agencies involved in the bona fide active investigation, or in connection with a prosecution or court proceedings or before a licensing board or officer to which the prosecution or proceedings to whom the prescriptions or records relate is a party, as provided in GS 90-113.74(i)(4) (enacted below) or otherwise allowed by law. Grants immunity to a pharmacy or pharmacist that complies with the statute in good faith and provides copies of prescriptions and records to an investigator that is improperly used.

Amends GS 90-108. Modifies subdivision (a)(14), making it unlawful for any person who is a registrant or practitioner or an employee of a registrant or practitioner (previously, did not apply to registrants or practitioners) and who is authorized to possess controlled substances or has access to controlled substances by virtue of employment to embezzle or fraudulently or knowingly and willingly misapply or divert to his or her own use or other unauthorized or illegal use or to take with intent to embezzle or fraudulently or knowingly and willfully misapply or divert to his or her own use any controlled substance in his or her possession or under his or her care. GS 90-87 defines registrant to mean a person registered by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services  to manufacture, distribute, or dispense any controlled substance as required by Article 5 (NC Controlled Substances Act). GS 90-87 defines practitioner as (1) a physician, dentist, optometrist, veterinarian, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this state or (2) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this state. Additionally, adds new subdivision (a)(15) similar to subdivision (a)(14) as amended, making it unlawful for anyone who is not a registrant or practitioner or an employee of a registrant or practitioner and who, by virtue of his or her occupation or profession, administers or provides medical care, aid, emergency treatment, or any combination to a person who is prescribed a controlled substance, to embezzle or fraudulently or knowingly and willingly misapply or divert to his or her own use or other unauthorized or illegal use or to take with intent to embezzle or fraudulently or knowingly and willfully misapply or divert to his or her own use any controlled substance that is prescribed to another. Amends subsection (b), making violations of subdivisions (a)(14) (as amended) and new (a)(15) a Class G felony. Adds new subdivision (b)(3), making violations of subdivisions (a)(14) (as amended) and new (a)(15) a Class E felony when the person intentionally diverts any controlled substance by means of dilution or substitution, or both, as those terms are defined in new subdivision (b)(3).

Part III

Amends GS 90-113.73 to require dispensers to also report the prescriber’s national provider identification number for any prescriber that has such a number. Provides that a pharmacy is not subject to civil penalty for failure to report the identification number when the pharmacy did not receive it.

Amends GS 90-113.74, concerning confidentiality of data in the controlled substances reporting system as follows. Adds that the Attorney General, or a designee who is a full-time employee of the NC Department of Justice, has access to the system to monitor requests for inspection of records (was, the State Bureau of Investigation was required to notify the Office of the Attorney General of each request for inspection of records). Allows DHHS to release data from the controlled substances reporting system to the federal Drug Enforcement Administration’s Office of Diversion Control or Tactical Diversion Squad in North Carolina (was, limited to the Office of Diversion Control). Adds the following criminal penalties for any individual authorized to access data in the controlled substances reporting system when that access is authorized in specified portions of the statutes (all persons that DHHS is required to release data to except persons authorized to prescribe or dispense controlled substances for purposes of medical or pharmaceutical care, and an individual requesting his own system information): Class I felony for an individual who knowingly and intentionally accesses prescription information in the controlled substances reporting system for an unauthorized purpose; Class I felony for an individual who knowingly and intentionally discloses or disseminates prescription information from the system for an unauthorized purpose; and a Class H felony for an individual who willfully and maliciously obtains, discloses, or disseminates prescription information for an unauthorized purpose with the intent to use the information for commercial advantage or personal gain, or to maliciously harm any person. Permanently bars any person convicted of one of these criminal offenses from accessing the reporting system. Allows the SBI, Diversion & Environmental Crimes Unit (UNIT) to investigate possible violations and notify DHHS of any charges or convictions.

Amends GS 90-113.74 by deleting the current provisions allowing the release of data in the controlled substances reporting system to sheriffs, deputy sheriffs, police chiefs, or designated police investigations. Instead allows the release of data in the controlled substances reporting system to local law enforcement officers, subject to the following conditions. Data must be released to a local law enforcement officer only if: the local law enforcement officer is a certified diversion investigator, the agency that supervises the investigator is a qualified law enforcement agency, the request is reasonably related to a bona fide active investigation involving a specific violation of any State or federal law involving a monitored prescription drug, and the request has been reviewed and approved by the Unit. Requires that if the Unit takes action on a request by a certified diversion investigator (investigator) for access to data in the controlled substances reporting system, the special agent does not incur criminal or civil liability for such action or for actions taken by the certified diversion investigator making the request. Requires DHHS to grant access to the system to the Attorney General of North Carolina, or designee, and Special Agents of the SBI assigned to the Unit to review the audit trail, which is created by these new conditions. Requires the SBI to conduct periodic audits of a random sample of requests from investigators for access to data in the controlled substances reporting system. Allows data obtained by investigators from the controlled substances reporting system in the manner prescribed to be shared with other law enforcement personnel or prosecutorial officials (1) only upon the direction of the investigator originally requesting the information and (2) in the case of law enforcement personnel from other law enforcement agencies, only with law enforcement personnel who are directly participating in an official joint investigation or as provided below. Requires that when the data provided to the local law enforcement officer indicates transactions solely outside of that local law enforcement officer's jurisdiction, that the matter be referred to the Unit, or to an investigator employed by a qualified law enforcement agency with jurisdiction over the transactions at issue.

Defines certified diversion investigator as an officer affiliated with a qualified law enforcement agency who is certified as a diversion investigator by either the North Carolina Sheriffs' Education and Training Standards Commission or the North Carolina Criminal Justice Education and Training Standards Commission. If for any reason a certified diversion investigator leaves a position involving diversion investigation, the qualified law enforcement agency shall notify the DHHS Controlled Substance Reporting System and the Unit within 72 hours after the effective date of the change. Defines qualified law enforcement agency as any of the following whose head is a certified diversion investigator or that employs at least one investigator and at least one certified diversion supervisor: a municipal police department, a county police department, or a sheriff's office. Also defines the terms certified diversion supervisor and active investigation.

Requires that investigators associated with a qualified law enforcement agency be allowed to register with the controlled substances reporting system by providing the specified minimum information about the investigator. Requires DHHS to enable each investigator associated with a qualified law enforcement agency to request and receive data in connection with a bona fide active investigation involving a specific violation of any state or federal law involving a monitored prescription by providing at least the specified information. Requires DHHS to enable the Unit to review each request for data from an investigator associated with a qualified law enforcement agency and, upon such review, to determine if the request is approved, denied, or delayed pending further review or investigation. Also requires DHHS to create an audit trail that may be used to investigate or prosecute violations of this Part and ensure that the Attorney General of North Carolina or a designee and Special Agents of the North Carolina State Bureau of Investigation who are assigned to the Unit have access to the system to review the audit trail.

Requires DHHS to begin developing the capabilities necessary to implement the above changes to GS 90-113.74.

Amends GS 90-113.75 by adding that a person who intentionally, knowingly, or negligently releases, obtains, or attempts to obtain information from the system in violation of a provision of Article 5E (North Carolina Controlled Substances Reporting System Act) or a rule adopted pursuant to the Article is temporarily banned from accessing the system until further findings by DHHS. Grants immunity from civil or criminal liability to a practitioner, dispenser, or other person or entity permitted access to or required or allowed to submit or transmit reports or other records, data, or information, including any protected health information or any other individually identifying or personal information, who in good faith submits or transmits such reports or other records or information as required or allowed by the Article.

Enacts new GS 90-113.74E to require that the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission, in consultation with the Department of Justice, North Carolina Justice Academy, and State Bureau of Investigation, ensure that educational materials are created and that training programs are conducted for the certification of diversion investigators and diversion supervisors. Makes conforming changes to GS 17C-6 (concerning powers of the North Carolina Criminal Justice Education and Training Standards Commission) and GS 17E-4 (concerning powers and duties of the North Carolina Sheriffs' Education and Training Standards Commission). Sets out minimum training requirements in both statutes.

Part IV

States the General Assembly’s intent to appropriate from the General Fund to the DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services: (1) $10 million in recurring funds for 2019-20, with the funds being used to increase the availability of community-based treatment and recovery services for substance use disorders, including medication-assisted treatment and (2) $1 million in recurring funds for 2019-20 to purchase opioid antagonists, to be distributed for free to North Carolina law enforcement agencies for the reversal of opioid-related drug overdoses.

States the General Assembly’s intent to appropriate from the General Fund to the State Bureau of Investigation: (1) $160,000 in recurring funds for 2019-20 to fund Operation Medicine Drop; and $122,000 in recurring funds and $58,000 in nonrecurring funds for 2019-20 to create one full-time equivalent special agent position within the State Bureau of Investigation to enhance drug investigations throughout the state. Provides that GS 143C-5-2, concerning the order of appropriations bills, does not apply to this act.

Part V

Includes a severability clause.

Unless otherwise indicated, the act is effective July 1, 2018.