§329-102  Central repository.  (a) Except as provided in subsection (b), the transmittal of information under thissection shall be made:  through an electronic transmitting device that iscompatible with the receiving device of the central repository; or by computerdiskette, magnetic tape, or other appropriate electronic means that meets thespecifications provided by rules of the designated state agency.

(b)  The administrator may exempt individualdispensing entities from the electronic information reporting requirements ofsubsection (a) if:

(1)  The imposition of the requirement would result infinancial hardship for a particular pharmacy; and

(2)  The pharmacy agrees to provide the information tothe designated state agency through use of a pharmacy universal claim form.

(c)  The administrator, in consultation withthe state pharmacist membership organizations and applicable licensure boards,shall develop policies that account for the transmission of data fields insection 329-101 that include unintentional data errors.  Data errors collectedby the designated state agency shall be presumed to be accidental in nature,unless a pattern of transmission errors occurs as determined by the agency.

(d)  The system shall provide for themaintenance of information collected in a central repository that meets thefollowing requirements:

(1)  The central repository shall be a data processingsystem maintained by, or under contract with, the designated state agency.  Thesystem shall be capable of aggregating and displaying the collected informationin formats required by the designated state agency, including reports showingcontrolled substances by the:

(A)  Practitioner’s name, practice specialtyand subspecialties, and identifying number or numbers as specified by thedesignated state agency, including the practitioner’s Drug EnforcementAdministration registration number;

(B)  Pharmacy’s name, National Association ofBoards of Pharmacy number, and registration number;

(C)  Patient’s name, identification number, anddate of birth; and

(D)  Eight-digit national drug code number,frequency of use, quantity, number of refills, and whether new or refillprescription;

(2)  The central repository shall provide thedesignated state agency with continual, twenty-four hour per day, on-lineaccess to information;

(3)  The central repository shall secure theinformation against access by unauthorized persons and shall be subject toreview and oversight by the administrator or the administrator’s designee, toensure the security of the information and the system;

(4)  If the central repository is not operated by thedesignated state agency, the vendor-repository:

(A)  Shall provide information in response tothe designated state agency’s inquiries within twenty-four hours and shallprovide routine reports on a regular schedule to be specified by the designatedstate agency; and

(B)  Shall not withhold access to the collectedinformation for any reason other than failure of the designated state agency topay agreed fees and charges for the use of the central repository; and

(5)  If the relationship between the designated stateagency and the vendor-repository is terminated, the vendor-repository shallprovide to the designated state agency within thirty days all collectedinformation, the  database maintained by the vendor-repository, and suchsoftware as is needed to access the information and the database.

(e)  The administrator shall select the mostoverall cost-effective and efficient computerization system, and automatic dataprocessing services and equipment, to ensure the successful implementation ofthe system.  The administrator may enter into a contract with a vendor toimplement the central repository.  The repository may include an existingsystem, such as the State’s medicaid management information system, or otherexisting computerization systems and automated data processing servicesavailable to the designated state agency.

(f)  All prescriptions for controlled substances in schedules II through V andother controlled substances designated by the designated state agency that areprocessed by an out-of-state pharmacy shall conform to reporting andregistration requirements adopted by the State, and to any additional rules thedepartment adopts. [L 1996, c 268, pt of §2; am L 2008, c 186, §8]