2006 Legislation
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HOUSE BILL NO. 614 – Prescriptn record/electronic filing

HOUSE BILL NO. 614

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Bill Status



H0614.................................................by HEALTH AND WELFARE
PHARMACISTS - Amends existing law relating to the Board of Pharmacy to
permit the Board of Pharmacy to establish the format for electronically
filed controlled substances prescriptions; to require the board to
establish by rule the information to be submitted; to require the board to
create, operate and maintain a controlled substances prescriptions
database; to provide for purpose and procedure; to specify the individuals
to whom information in the database must be available; to require the board
to maintain records on information disclosed from the database; to require
the board to promulgate rules to limit database access to authorized
individuals; to provide for the assumption of costs associated with
recording and submitting data; to provide definitions; to require
disclosure of prescription tracking program information to certain
individuals; to permit disclosure of information to listed agencies and
boards; to remove additional discretionary authority to release
information; and to remove a confidentiality provision.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Health/Wel
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood
      NAYS -- Barrett
      Absent and excused -- Deal, Shirley, Mr. Speaker
    Floor Sponsor - Rusche
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Health/Wel
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Broadsword
    Title apvd - to House
03/15    To enrol
03/16    Rpt enrol - Sp signed
03/17    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 175
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 614
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE BOARD OF PHARMACY; AMENDING SECTION  9-340C,  IDAHO  CODE,  TO
  3        PROVIDE  A  PROPER CODE REFERENCE IN THE PUBLIC RECORDS ACT; AMENDING SEC-
  4        TION 37-2726, IDAHO CODE, TO PERMIT THE BOARD OF PHARMACY TO ESTABLISH THE
  5        FORMAT FOR ELECTRONICALLY FILED CONTROLLED  SUBSTANCES  PRESCRIPTIONS,  TO
  6        REQUIRE THE BOARD TO ESTABLISH BY RULE THE INFORMATION TO BE SUBMITTED, TO
  7        REQUIRE  THE BOARD TO CREATE, OPERATE AND MAINTAIN A CONTROLLED SUBSTANCES
  8        PRESCRIPTIONS DATABASE, TO PROVIDE FOR PURPOSE AND PROCEDURE,  TO  SPECIFY
  9        THE  INDIVIDUALS TO WHOM INFORMATION IN THE DATABASE MUST BE AVAILABLE, TO
 10        REQUIRE THE BOARD TO MAINTAIN RECORDS ON INFORMATION  DISCLOSED  FROM  THE
 11        DATABASE,  TO  REQUIRE  THE  BOARD  TO  PROMULGATE RULES TO LIMIT DATABASE
 12        ACCESS TO AUTHORIZED INDIVIDUALS, TO PROVIDE FOR THE ASSUMPTION  OF  COSTS
 13        ASSOCIATED  WITH  RECORDING AND SUBMITTING DATA AND TO PROVIDE FOR DEFINI-
 14        TIONS; AND AMENDING SECTION 37-2730A, IDAHO CODE,  TO  REQUIRE  DISCLOSURE
 15        PRESCRIPTION  TRACKING  PROGRAM  INFORMATION  TO  INDIVIDUALS  AND PERSONS
 16        LISTED, TO PERMIT DISCLOSURE OF INFORMATION TO LISTED AGENCIES AND BOARDS,
 17        TO REMOVE ADDITIONAL DISCRETIONARY AUTHORITY TO RELEASE INFORMATION AND TO
 18        REMOVE CONFIDENTIALITY PROVISIONS.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 23    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 24    are exempt from disclosure:
 25        (1)  Except  as  provided  in  this subsection, all personnel records of a
 26    current or former public official other than the public official's public ser-
 27    vice or employment history, classification, pay  grade  and  step,  longevity,
 28    gross  salary  and salary history, status, workplace and employing agency. All
 29    other personnel information relating to a public employee or applicant includ-
 30    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 31    birth  date,  home  address  and  telephone  number, applications, testing and
 32    scoring materials, grievances,  correspondence  and  performance  evaluations,
 33    shall  not  be  disclosed  to the public without the employee's or applicant's
 34    written consent. A public official or authorized  representative  may  inspect
 35    and  copy  his  personnel records, except for material used to screen and test
 36    for employment.
 37        (2)  Retired employees' and retired public officials' home addresses, home
 38    telephone numbers and other financial  and  nonfinancial  membership  records;
 39    active and inactive member financial and membership records and mortgage port-
 40    folio  loan  documents  maintained  by  the public employee retirement system.
 41    Financial statements prepared by retirement system staff, funding  agents  and
 42    custodians  concerning the investment of assets of the public employee retire-
 43    ment system of Idaho are not considered confidential under this chapter.
                                                                        
                                           2
                                                                        
  1        (3)  Information and records submitted to the Idaho state lottery for  the
  2    performance  of  background investigations of employees, lottery retailers and
  3    major procurement contractors; audit records of lottery retailers, vendors and
  4    major procurement contractors submitted to or performed  by  the  Idaho  state
  5    lottery; validation and security tests of the state lottery for lottery games;
  6    business  records  and  information  submitted pursuant to sections 67-7412(8)
  7    and (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
  8    obtained and held for the  purposes  of  lottery  security  and  investigative
  9    action as determined by lottery rules unless the public interest in disclosure
 10    substantially  outweighs  the  private need for protection from public disclo-
 11    sure.
 12        (4)  Records of a personal nature as follows:
 13        (a)  Records of personal debt filed with a public  agency  or  independent
 14        public body corporate and politic pursuant to law;
 15        (b)  Personal  bank records compiled by a public depositor for the purpose
 16        of public funds transactions conducted pursuant to law;
 17        (c)  Records of ownership of financial obligations and  instruments  of  a
 18        public  agency  or  independent public body corporate and politic, such as
 19        bonds, compiled by the public agency or independent public body  corporate
 20        and politic pursuant to law;
 21        (d)  Records,  with  regard to the ownership of, or security interests in,
 22        registered public obligations;
 23        (e)  Vital statistics records; and
 24        (f)  Military records as described in  and  pursuant  to  section  65-301,
 25        Idaho Code.
 26        (5)  Information  in  an  income  or other tax return measured by items of
 27    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 28    administering  the  tax,  except such information to the extent disclosed in a
 29    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 30    deficiency  determination  by the tax commission, under the provisions of sec-
 31    tion 63-3045B, Idaho Code.
 32        (6)  Records of a personal nature related directly or  indirectly  to  the
 33    application for and provision of statutory services rendered to persons apply-
 34    ing for public care for the elderly, indigent, or mentally or physically hand-
 35    icapped,  or  participation in an environmental or a public health study, pro-
 36    vided the provisions of this subsection making records exempt from  disclosure
 37    shall  not  apply  to the extent that such records or information contained in
 38    those records are necessary for a background check on an  individual  that  is
 39    required by federal law regulating the sale of firearms, guns or ammunition.
 40        (7)  Employment  security  information  and unemployment insurance benefit
 41    information, except that all interested parties may agree to waive the  exemp-
 42    tion.
 43        (8)  Any  personal records, other than names, business addresses and busi-
 44    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 45    tax  identification  and  social  security numbers, financial worth or medical
 46    condition submitted to any public agency or independent public body  corporate
 47    and  politic pursuant to a statutory requirement for licensing, certification,
 48    permit or bonding.
 49        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 50    part  of an inquiry into a person's fitness to be granted or retain a license,
 51    certificate, permit, privilege, commission or  position,  private  association
 52    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 53    which has records exempt from disclosure under the provisions of this  subsec-
 54    tion  shall  annually  make  available a statistical summary of the number and
 55    types of matters considered and their disposition.
                                                                        
                                           3
                                                                        
  1        (10) The records, findings, determinations and decisions of any prelitiga-
  2    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
  3        (11) Complaints received by the board of medicine and  investigations  and
  4    informal  proceedings,  including informal proceedings of any committee of the
  5    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
  6    adopted thereunder.
  7        (12) Records  of  the  department of health and welfare or a public health
  8    district that identify a person infected with a reportable disease.
  9        (13) Records of hospital care, medical records,  including  prescriptions,
 10    drug  orders,  records or any other prescription information that specifically
 11    identifies an individual patient, prescription records maintained by the board
 12    of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records  of  psy-
 13    chiatric  care or treatment and professional counseling records relating to an
 14    individual's condition, diagnosis, care or treatment, provided the  provisions
 15    of  this  subsection  making records exempt from disclosure shall not apply to
 16    the extent that such records or information contained  in  those  records  are
 17    necessary  for a background check on an individual that is required by federal
 18    law regulating the sale of firearms, guns or ammunition.
 19        (14) Information collected pursuant to the directory  of  new  hires  act,
 20    chapter 16, title 72, Idaho Code.
 21        (15) Personal  information  contained  in motor vehicle and driver records
 22    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 23    Idaho Code.
 24        (16) Records  of  the financial status of prisoners pursuant to subsection
 25    (2) of section 20-607, Idaho Code.
 26        (17) Records of  the  Idaho  state  police  or  department  of  correction
 27    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 28    DNA databases and databanks.
 29        (18) Records of the department of health and welfare relating to a survey,
 30    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 31    exempt  from disclosure. Such records shall, however, be subject to disclosure
 32    as public records as soon as the facility in question has received the report,
 33    and no later than the fourteenth day following the  date  that  department  of
 34    health  and  welfare  representatives officially exit the facility pursuant to
 35    federal regulations. Provided however, that for purposes  of  confidentiality,
 36    no  record  shall be released under this section which specifically identifies
 37    any nursing facility resident.
 38        (19) Records and information contained in the  registry  of  immunizations
 39    against childhood diseases maintained in the department of health and welfare,
 40    including  information disseminated to others from the registry by the depart-
 41    ment of health and welfare.
 42        (20) Records of the Idaho housing and finance association (IHFA)  relating
 43    to the following:
 44        (a)  Records containing personal financial, family, health or similar per-
 45        sonal information submitted to or otherwise obtained by the IHFA;
 46        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 47        obtaining  and  servicing  mortgage  loans and all records relating to the
 48        review, approval or rejection by the IHFA of said loans;
 49        (c)  Mortgage portfolio loan documents;
 50        (d)  Records of a current or former employee  other  than  the  employee's
 51        duration of employment with the association, position held and location of
 52        employment.  This exemption from disclosure does not include the contracts
 53        of employment or any remuneration, including reimbursement of expenses, of
 54        the executive director, executive officers or commissioners of the associ-
 55        ation. All other personnel information relating to an association employee
                                                                        
                                           4
                                                                        
  1        or applicant including, but not limited  to,  information  regarding  sex,
  2        race,  marital  status,  birth  date,  home  address and telephone number,
  3        applications,  testing and scoring materials, grievances,  correspondence,
  4        retirement plan information and performance evaluations, shall not be dis-
  5        closed  to  the  public without the employee's or applicant's written con-
  6        sent. An employee or authorized representative may inspect and  copy  that
  7        employee's  personnel records, except for material used to screen and test
  8        for employment or material not subject  to  disclosure  elsewhere  in  the
  9        Idaho public records act.
 10        (21) Records of the department of health and welfare related to child sup-
 11    port  services in cases in which there is reasonable evidence of domestic vio-
 12    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
 13    locate any individuals in the child support case except in response to a court
 14    order.
 15        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
 16    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
 17    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
 18    Code.
 19        (23) Records and information contained in the trauma registry  created  by
 20    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 21    pilations created from such information and records.
 22        (24) Records  contained  in  the court files, or other records prepared as
 23    part of proceedings for judicial  authorization  of  sterilization  procedures
 24    pursuant to chapter 39, title 39, Idaho Code.
 25        (25) The  physical  voter  registration card on file in the county clerk's
 26    office; however, a redacted copy of said card shall be made available  consis-
 27    tent  with the requirements of this section. Information from the voter regis-
 28    tration card maintained in the statewide voter registration database,  includ-
 29    ing  age,  will be made available except for the voter's driver's license num-
 30    ber, date of birth and, upon showing of good cause by the voter to the  county
 31    clerk in consultation with the county prosecuting attorney, the physical resi-
 32    dence  address  of  the  voter. For the purposes of this subsection good cause
 33    shall include the protection of life and property and protection of victims of
 34    domestic violence and similar crimes.
                                                                        
 35        SECTION 2.  That Section 37-2726, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        37-2726.  FILING  PRESCRIPTIONS -- DATABASE. (1) All controlled substances
 38    prescriptions shall be filed with the board electronically in a format  estab-
 39    lished  by  the  board or by other method as required by board rule. The board
 40    may require the filing of other prescriptions by board rule. The  board  shall
 41    establish  by rule the information to be submitted pursuant to the purposes of
 42    this section and the purposes set forth in section 37-2730A, Idaho Code.
 43        (2)  The board shall create, operate and maintain a controlled  substances
 44    prescriptions  database  containing the information submitted pursuant to sub-
 45    section (1) of this section, to be used for the purposes and  subject  to  the
 46    terms,  conditions  and  immunities described in section 37-2730A, Idaho Code.
 47    The database information must be made available only to the following:
 48        (a)  Authorized individuals employed by the boards  responsible  for  con-
 49        ducting  investigations related to the licensing and discipline of practi-
 50        tioners;
 51        (b)  Peace officers employed by federal, state and local  law  enforcement
 52        agencies  engaged as a specified duty of their employment in enforcing law
 53        regulating controlled substances;
                                                                        
                                           5
                                                                        
  1        (c)  Authorized individuals under  the  direction  of  the  department  of
  2        health  and  welfare  for  the  purpose  of  monitoring and enforcing that
  3        department's responsibilities under the public health, medicare and medic-
  4        aid laws;
  5        (d)  A licensed practitioner having authority to prescribe controlled sub-
  6        stances, to the extent the information relates specifically to  a  current
  7        patient  of  the  practitioner, to whom the practitioner is prescribing or
  8        considering prescribing any controlled substance;
  9        (e)  A licensed pharmacist having authority to  dispense  controlled  sub-
 10        stances  to  the  extent the information relates specifically to a current
 11        patient to whom that pharmacist is dispensing  or  considering  dispensing
 12        any controlled substance;
 13        (f)  An  individual  who  is  the recipient of a controlled substance pre-
 14        scription entered into the database or that  individual's  attorney,  upon
 15        providing  evidence satisfactory to the board that the individual request-
 16        ing the information is in fact the person about whom the  data  entry  was
 17        made or the attorney for that person; and
 18        (g)  Upon the lawful order of a court of competent jurisdiction.
 19        (3)  The board must maintain records on the information disclosed from the
 20    database, including:
 21        (a)  The identification of each individual who requests or receives infor-
 22        mation from the database and who that individual represents;
 23        (b)  The information provided to each such individual; and
 24        (c)  The date and time the information is requested or provided.
 25        (4)  The board shall promulgate rules to ensure that only authorized indi-
 26    viduals have access to the database.
 27        (5)  All  costs  associated with recording and submitting data as required
 28    in this section are assumed by the dispensing practitioner recording and  sub-
 29    mitting the data.
 30        (6)  The definitions set forth in section 37-2701, Idaho Code, shall apply
 31    to this section.
                                                                        
 32        SECTION  3.  That Section 37-2730A, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        37-2730A.  PRESCRIPTION TRACKING PROGRAM. (1) The board shall  maintain  a
 35    program  to  track  the prescriptions for controlled substances that are filed
 36    with the board under section 37-2726, Idaho Code, for the purpose of assisting
 37    in identifying illegal activity related to the dispensing of  controlled  sub-
 38    stances and for the purpose of assisting the board in providing information to
 39    patients,  practitioners  and  pharmacists to assist in avoiding inappropriate
 40    use of controlled substances.  The  tracking  program  and  any  data  created
 41    thereby shall be administered by the board.
 42        (2)  The  board  shall  use  the information obtained through the tracking
 43    program in identifying activity it reasonably suspects may be in violation  of
 44    this chapter or medical assistance law. The board may shall report this infor-
 45    mation  to the appropriate law enforcement agency, medicaid or medicare agency
 46    or licensing board individuals and persons set forth  in  section  37-2726(2),
 47    Idaho Code. The board may provide the appropriate law enforcement agency, med-
 48    icaid  or  medicare agency or licensing board with the relevant information in
 49    the board's possession, including information obtained from the tracking  pro-
 50    gram,  for  further  investigation,  or  other  appropriate law enforcement or
 51    administrative enforcement use.
 52        (3)  The board may, in its discretion, authorize  release  of  information
 53    from  the  tracking  program  to patients, practitioners and pharmacists where
                                                                        
                                           6
                                                                        
  1    release of such information may be of assistance  in  preventing  or  avoiding
  2    inappropriate use of controlled substances.
  3        (4)  Information  obtained from the program is confidential and, except as
  4    otherwise provided by this section, must not be disclosed by the board  or  by
  5    any  recipient  of  such  information  from  the board, provided however, such
  6    information must be disclosed:
  7        (a)  Upon the request of a person about  whom  the  information  requested
  8        concerns or upon the request on his behalf by his attorney; or
  9        (b)  Upon the lawful order of a court of competent jurisdiction.
 10        (5)  Information,  which does not identify individual patients, practitio-
 11    ners or dispensing pharmacists or pharmacies, may be released by the board for
 12    educational, research or public information purposes.
 13        (64)  Unless there is shown malice or criminal intent or gross  negligence
 14    or  reckless,  willful  and wanton conduct as defined in section 6-904C, Idaho
 15    Code, the state of Idaho, the board, any other state agency, or any person, or
 16    entity in proper possession of information as herein  provided  shall  not  be
 17    subject to any liability or action for money damages or other legal or equita-
 18    ble relief by reason of any of the following:
 19        (a)  The furnishing of information under the conditions herein provided;
 20        (b)  The receiving and use of, or reliance on, such information;
 21        (c)  The fact that any such information was not furnished; or
 22        (d)  The  fact  that  such  information  was  factually  incorrect  or was
 23        released by the board to the wrong person or entity.
 24        (75)  The board may apply for any available grants and accept  any  gifts,
 25    grants  or  donations  to  assist  in  developing  and maintaining the program
 26    required by this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15965

.This Legislation amends the Idaho code to allow realtime access
by physicians, pharmacists, and law enforcement to existing
information held by the Board of Pharmacy regarding controlled
substances prescriptions.  
Thirty percent of drug abuse involves prescription drugs. 
Physicians and other practitioners are often unaware of or have
difficulty untangling the history of use of controlled substances
by their patient. This bill will improve the timely, appropriate
management of patients with multiple visits for controlled drugs. 
It also includes appropriate protection of personal health
information. 


                         FISCAL IMPACT

Estimated cost to the Board of Pharmacy of the database is
$400,000, offset by federal DEA grants.




CONTACT
Name:     Rep. John Rusche 
Phone:    322-1000



STATEMENT OF PURPOSE/FISCAL NOTE                         H 614