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



(b)  The administrator may exempt individual
dispensing entities from the electronic information reporting requirements of
subsection (a) if:



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



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



(c)  The administrator, in consultation with
the state pharmacist membership organizations and applicable licensure boards,
shall develop policies that account for the transmission of data fields in
section 329-101 that include unintentional data errors.  Data errors collected
by 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 the
maintenance of information collected in a central repository that meets the
following requirements:



(1)  The central repository shall be a data processing
system maintained by, or under contract with, the designated state agency.  The
system shall be capable of aggregating and displaying the collected information
in formats required by the designated state agency, including reports showing
controlled substances by the:



(A)  Practitioner’s name, practice specialty
and subspecialties, and identifying number or numbers as specified by the
designated state agency, including the practitioner’s Drug Enforcement
Administration registration number;



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



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



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



(2)  The central repository shall provide the
designated state agency with continual, twenty-four hour per day, on-line
access to information;



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



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



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



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



(5)  If the relationship between the designated state
agency and the vendor-repository is terminated, the vendor-repository shall
provide to the designated state agency within thirty days all collected
information, the  database maintained by the vendor-repository, and such
software as is needed to access the information and the database.



(e)  The administrator shall select the most
overall cost-effective and efficient computerization system, and automatic data
processing services and equipment, to ensure the successful implementation of
the system.  The administrator may enter into a contract with a vendor to
implement the central repository.  The repository may include an existing
system, such as the State’s medicaid management information system, or other
existing computerization systems and automated data processing services
available to the designated state agency.



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