REVISE CONTROLLED SUBSTANCES REPORTING.

View NCGA Bill Details2013-2014 Session
House Bill 173 (Public) Filed Wednesday, February 27, 2013
A BILL TO BE ENTITLED AN ACT TO REVISE THE NORTH CAROLINA CONTROLLED SUBSTANCES REPORTING SYSTEM ACT, AS RECOMMENDED BY THE CHILD FATALITY TASK FORCE.
Intro. by Horn, Brisson, Fulghum, Hollo.

Status: Ref to Health Care. If fav, re-ref to Finance (Senate Action) (May 1 2013)

SOG comments (1):

Identical bill

Identical to S 222, filed 3/6/13.

H 173

Bill Summaries:

  • Summary date: Apr 30 2013 - More information

    House amendments make the following changes to the 2nd edition. Amendment #3 deletes proposed changes to GS 90-107.

    Amendment #4 amends GS 90-113.74 to allow the release of data in the controlled substances reporting system to a sheriff, a police chief, or a designated policy investigator (was, a sheriff or designated deputy sheriff) who is assigned to investigate the diversion and illegal use of prescription medication or pharmaceutical products identified as Schedule II through V controlled substances and engaged in a bona fide investigation pursuant to a court order.


  • Summary date: Apr 25 2013 - More information

    House amendment to the 2nd edition makes the following changes. Amends proposed language in GS 90-113.74(c)(5) to clarify that data in the controlled substances reporting system may be released to a sheriff or designated deputy sheriff who is engaged in a bona fide specific investigation related to the enforcement of laws governing licit (was, illicit) drugs pursuant to a lawful court order issued specifically for that purpose.


  • Summary date: Apr 11 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 90-113.73 todirect the dispenser to report the required information under this section no later than the close of three business days subsequent to the day when the prescription was delivered (was, no later than 24 hours afterthe prescription is dispensed), but encourages dispensers to report the required information no later than 24 hours after the prescription was delivered. Modifies the requirements as to what must be contained in a dispenser's report, deleting the requirements for information on the specialty of the practitioner and for documentation of photographic identification presented by the person seeking dispensation of the prescription, when the documentation is required under GS 90-106.1. Effective January 1, 2014, and applies to prescriptions delivered on or after that date.

    Amends GS 90-113.74 to authorize the Department of Health and Human Services (DHHS), upon review of the prescription data information data in the controlled substances reporting system,to (1) notify practitioners that a patient may have obtained a prescription for controlled substances that allows for abuse, diversion of the substance, and an increased risk of harm to the patientand (2) report information about a practitioner's prescribing practices to the agency for licensing, registering, or certifying the practitioner under the rules adopted by the agency. Requires an agency responsible for licensing, registering, or certifying a practitioner with prescriptive or dispensing authority toadopt rules setting criteria by which DHHS may report information to the agency. Provides that this criteria for reporting that is established by rule does not establish the standard of care for prescribing or dispensing and a reportby DHHS to an agency regarding a practitioner cannotbe the basis for a disciplinary action by an agency against a practitioner (was, directed the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to develop, in consultation with a panelof medical experts, criteria for evaluating whether there is a breach of professional standards by a practitioner who prescribes or dispenses controlled substances).

    Amends the list of persons to whom DHHS must release data in the controlled substances reporting system to provide that the data be released to a sheriff or adesignated deputy sheriff (1) assigned to investigate the diversion and illegal use of 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 relating to enforcing laws governing illicit drugs under a lawful court order issued specifically for that purpose (was, to a court pursuant to a lawful court order).

    Directs the Attorney General to review anyDHHS reportsregarding unusual patterns of prescribing medications to determine if those findings should be reported to the SBI and the appropriate sheriff (was, the SBI) for investigation of possible violations of state or federal law relating to controlled substances.

    Makes a conforming change to GS 90-107. Except as otherwise indicated, this act is effective when it becomes law.


  • Summary date: Feb 27 2013 - More information

    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.

     


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