[PARTVIII.]  ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM

 

§329-101  Reporting of dispensation ofcontrolled substances; electronic prescription accountability system;requirements; penalty.  (a)  A controlled substance electronicaccountability prescription system shall be established within six months ofJune 18, 1996.

(b)  The designated state agency shalldetermine those schedules of controlled substances, classes of controlledsubstances, and specific controlled substances that are purportedly beingmisused and abused in the State.  No identified controlled substances may bedispensed unless information relevant to the dispensation of the substance isreported electronically or by universal claim form to the central repositoryestablished under section 329-102, in accordance with rules adopted by thedepartment.

(c)  The information required by this sectionshall be transmitted:  on an electronic device that is compatible with thereceiving device of the central repository; or by computer diskette, magnetictape, or pharmacy universal claim form that meets the specifications providedin the rules of the designated state agency.  The information to be transmittedunder subsection (b) shall include at least the following for eachdispensation:

(1)  The patient’s name;

(2)  The patient’s identification number;

(3)  The patient’s date of birth;

(4)  The patient’s address;

(5)  The eight-digit national drug code number of thesubstance dispensed;

(6)  The date the prescription was issued;

(7)  The date of dispensation;

(8)  The quantity and number of refills authorized;

(9)  The practitioner’s Drug EnforcementAdministration registration number;

(10)  The pharmacy’s National Association of Boards ofPharmacy number and location; and

(11)  The practitioner’s practice specialty andsubspecialties, as determined by the applicable licensure boards.

(d)  Under the system:

(1)  Information shall be reported in numericalformat, not less than once every seven days, on the filling of prescriptionsfor designated controlled substances and the dispensing of drug samples by alicensed practitioner; and

(2)  Each dispenser shall maintain a record of suchfilled prescriptions, including all information described in subsection (c),for a period of five years.  Each dispenser shall keep these records availablefor inspection and copying by the designated state agency.

(e)  The system shall provide for the use of acentral repository in accordance with section 329-102.  The operation of thesystem shall be overseen by the designated state agency.  The system shallinclude provisions to protect the confidentiality of information in the system,in accordance with section 329-104.

(f)  Intentional or knowing failure to transmit anyinformation as required by this section shall be a misdemeanor and shall resultin the immediate suspension of that pharmacy or practitioner's ability todispense controlled [substances] in the State until authorized by theadministrator. [L 1996, c 268, pt of §2; am L 1997, c 280, §6; am L 1999, c 252,§13; am L 2001, c 203, §8; am L 2008, c 186, §7]

 

Revision Note

 

  "June 18, 1996" substituted for "the effectivedate of this part".