36-2608

36-2608. Reporting requirements

A. If a medical practitioner dispenses a controlled substance listed in section
36-2513, 36-2514 or 36-2515, or if a prescription for a controlled substance listed in
any of those sections is dispensed by a pharmacy in this state, a health care facility in
this state for outpatient use or a board-permitted nonresident pharmacy for delivery to a
person residing in this state, the medical practitioner, health care facility or pharmacy
must report the following information as applicable and as prescribed by the board by
rule:

1. The name, address, telephone number, prescription number and drug enforcement
administration controlled substance registration number of the dispenser.

2. The name, address and date of birth of the person or, if for an animal, the
owner of the animal for whom the prescription is written.

3. The name, address, telephone number and drug enforcement administration
controlled substance registration number of the prescribing medical practitioner.

4. The name, strength, quantity, dosage and national drug code number of the
schedule II, III or IV controlled substance dispensed.

5. The date the prescription was dispensed.

6. The number of refills, if any, authorized by the medical practitioner.

B. Except as provided in subsection D of this section, a pharmacy must use the
August 31, 2005 version 003, release 000 standard implementation guide for prescription
monitoring programs published by the American society for automation in pharmacy or any
subsequent version or release of that guide to report the required information.

C. The board shall allow the reporter to transmit the required information by
electronic data transfer if feasible or, if not feasible, on reporting forms as
prescribed by the board. The board shall not require the reporter to submit the required
information more frequently than once each week.

D. A dispenser who does not have an automated record keeping system capable of
producing an electronic report in the established format may request a waiver from
electronic reporting by submitting a written request to the board. The board shall grant
the request if the dispenser agrees in writing to report the data by submitting a
completed universal claim form as prescribed by the board by rule.

E. The board by rule may prescribe the prescription form to be used in prescribing
a schedule II, III or IV controlled substance if the board determines that this would
facilitate the reporting requirements of this section.

F. The reporting requirements of this section do not apply to the following:

1. A controlled substance administered directly to a patient.

2. A controlled substance dispensed by a medical practitioner at a health care
facility licensed by this state if the quantity dispensed is limited to an amount
adequate to treat the patient for a maximum of seventy-two hours with not more than two
seventy-two hour cycles within any fifteen day period.

3. A controlled substance sample.

4. The wholesale distribution of a schedule II, III or IV controlled substance.
For the purposes of this paragraph, "wholesale distribution" has the same meaning
prescribed in section 32-1981.

5. A facility that is registered by the drug enforcement administration as a
narcotic treatment program and that is subject to the record keeping provisions of 21
Code of Federal Regulations section 1304.24.