S1510aa...............................................by HEALTH AND WELFARE PRESCRIPTIONS - Adds to existing law to recognize in statute the Board of Pharmacy's prescription tracking program and the resulting database and to provide a sunset date. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Health/Wel 02/29 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - PASSED - 28-0-7 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins, Ingram, Ipsen, Keough, Noh, Parry, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Walton/Branch, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow, Frasure, King-Barrutia, Lee, McLaughlin, Richardson, Stennett Floor Sponsor - Wheeler Title apvd - to House 03/10 House intro - 1st rdg as amen - to Health/Wel 03/17 Rpt out - rec d/p - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/29 3rd rdg as amen - PASSED - 65-2-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann NAYS -- McKague, Wood Absent and excused -- Crow, Moyle, Mr Speaker Floor Sponsors - Cheirrett, Henbest Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 194 Effective: 04/04/00 Sunset Clause Section 1 - 07/01/02 Section 3 effective only when Section 1 is null & void
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1510, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE BOARD OF PHARMACY; AMENDING CHAPTER 27, TITLE 37, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 37-2730A, IDAHO CODE, TO RECOGNIZE THE 4 PRESCRIPTION TRACKING PROGRAM AND RESULTING DATABASE MAINTAINED BY THE 5 BOARD OF PHARMACY FROM INFORMATION SUBMITTED TO THE BOARD UNDER SECTION 6 37-2730, IDAHO CODE, AND TO ESTABLISH THE PARAMETERS FOR USE OF, AND 7 ACCESS TO, THE INFORMATION IN THE DATABASE; AMENDING SECTION 9-340C, IDAHO 8 CODE, TO PROVIDE THAT PRESCRIPTION RECORDS MAINTAINED BY THE BOARD OF 9 PHARMACY UNDER SECTION 37-2730A, IDAHO CODE, BE EXEMPT FROM DISCLOSURE AND 10 TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, 11 BY THE ADDITION OF A NEW SECTION 9-340G, IDAHO CODE, TO PROVIDE THAT CER- 12 TAIN RECORDS OF THE BOARD OF PHARMACY ARE CONFIDENTIAL AND NOT SUBJECT TO 13 DISCLOSURE; DECLARING AN EMERGENCY, PROVIDING A SUNSET CLAUSE AND PROVID- 14 ING A CONTINGENT EFFECTIVE DATE ONLY IF THE SUNSET CLAUSE TAKES EFFECT. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 27, Title 37, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 37-2730A, Idaho Code, and to read as follows: 19 37-2730A. PRESCRIPTION TRACKING PROGRAM. (1) The board shall maintain a 20 program to track the prescriptions for controlled substances that are filed 21 with the board under section 37-2730, Idaho Code, for the purpose of assisting 22 in identifying illegal activity related to the dispensing of controlled sub- 23 stances and for the purpose of assisting the board in providing information to 24 patients, practitioners and pharmacists to assist in avoiding inappropriate 25 use of controlled substances. The tracking program and any data created 26 thereby shall be administered by the board. 27 (2) The board shall use the information obtained through the tracking 28 program in identifying activity it reasonably suspects may be in violation of 29 this chapter or medical assistance law. The board may report this information 30 to the appropriate law enforcement agency, medicaid or medicare agency or 31 licensing board. The board may provide the agency or board with the relevant 32 information in the board's possession, including information obtained from the 33 tracking program, for further investigation, or other appropriate law enforce- 34 ment or administrative enforcement use. 35 (3) The board may, in its discretion, authorize release of information 36 from the tracking program to patients, practitioners and pharmacists where 37 release of such information may be of assistance in preventing or avoiding 38 inappropriate use of controlled substances. 39 (4) Information obtained from the program is confidential and, except as 40 otherwise provided by this section, must not be disclosed by the board or by 41 any recipient of such information from the board, provided however, such 42 information must be disclosed: 43 (a) Upon the request of a person about whom the information requested 2 1 concerns or upon the request on his behalf by his attorney; or 2 (b) Upon the lawful order of a court of competent jurisdiction. 3 (5) Information, which does not identify individual patients, practitio- 4 ners or dispensing pharmacists or pharmacies, may be released by the board for 5 educational, research or public information purposes. 6 (6) Unless there is shown malice or criminal intent or gross negligence 7 or reckless, willful and wanton conduct as defined in section 6-904C, Idaho 8 Code, the state of Idaho, the board, any other state agency, or any person, or 9 entity in proper possession of information as herein provided shall not be 10 subject to any liability or action for money damages or other legal or equita- 11 ble relief by reason of any of the following: 12 (a) The furnishing of information under the conditions herein provided; 13 (b) The receiving and use of, or reliance on, such information; 14 (c) The fact that any such information was not furnished; or 15 (d) The fact that such information was factually incorrect or was 16 released by the board to the wrong person or entity. 17 (7) The board may apply for any available grants and accept any gifts, 18 grants or donations to assist in developing and maintaining the program 19 required by this section. 20 SECTION 2. 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. 44 (3) Information and records submitted to the Idaho state lottery for the 45 performance of background investigations of employees, lottery retailers and 46 major procurement contractors; audit records of lottery retailers, vendors and 47 major procurement contractors submitted to or performed by the Idaho state 48 lottery; validation and security tests of the state lottery for lottery games; 49 business records and information submitted pursuant to sections 67-7412(8) and 50 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 51 obtained and held for the purposes of lottery security and investigative 52 action as determined by lottery rules unless the public interest in disclosure 53 substantially outweighs the private need for protection from public disclo- 3 1 sure. 2 (4) Records of a personal nature as follows: 3 (a) Records of personal debt filed with a public agency pursuant to law; 4 (b) Personal bank records compiled by a public depositor for the purpose 5 of public funds transactions conducted pursuant to law; 6 (c) Records of ownership of financial obligations and instruments of a 7 public agency, such as bonds, compiled by the public agency pursuant to 8 law; 9 (d) Records, with regard to the ownership of, or security interests in, 10 registered public obligations; 11 (e) Vital statistics records. 12 (5) Information in an income or other tax return measured by items of 13 income or sales, which is gathered by a public agency for the purpose of 14 administering the tax, except such information to the extent disclosed in a 15 written decision of the tax commission pursuant to a taxpayer protest of a 16 deficiency determination by the tax commission, under the provisions of sec- 17 tion 63-3045B, Idaho Code. 18 (6) Records of a personal nature related directly or indirectly to the 19 application for and provision of statutory services rendered to persons apply- 20 ing for public care for the elderly, indigent, or mentally or physically hand- 21 icapped, or participation in an environmental or a public health study, pro- 22 vided the provisions of this subsection making records exempt from disclosure 23 shall not apply to the extent that such records or information contained in 24 those records are necessary for a background check on an individual that is 25 required by federal law regulating the sale of firearms, guns or ammunition. 26 (7) Employment security information and unemployment insurance benefit 27 information, except that all interested parties may agree to waive the exemp- 28 tion. 29 (8) Any personal records, other than names, business addresses and busi- 30 ness phone numbers, such as parentage, race, religion, sex, height, weight, 31 tax identification and social security numbers, financial worth or medical 32 condition submitted to any public agency pursuant to a statutory requirement 33 for licensing, certification, permit or bonding. 34 (9) Unless otherwise provided by agency rule, information obtained as 35 part of an inquiry into a person's fitness to be granted or retain a license, 36 certificate, permit, privilege, commission or position, private association 37 peer review committee records authorized in title 54, Idaho Code. Any agency 38 which has records exempt from disclosure under the provisions of this subsec- 39 tion shall annually make available a statistical summary of the number and 40 types of matters considered and their disposition. 41 (10) The records, findings, determinations and decisions of any prelitiga- 42 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 43 (11) Board of professional discipline reprimands by informal admonition 44 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 45 (12) Records of the department of health and welfare or a public health 46 district that identify a person infected with a reportable disease. 47 (13) Records of hospital care, medical records, prescription records main- 48 tained by the board of pharmacy under section 37-2730A, Idaho Code, records of 49 psychiatric care or treatment and professional counseling records relating to 50 an individual's condition, diagnosis, care or treatment, provided the provi- 51 sions of this subsection making records exempt from disclosure shall not apply 52 to the extent that such records or information contained in those records are 53 necessary for a background check on an individual that is required by federal 54 law regulating the sale of firearms, guns or ammunition. 55 (14) Information collected pursuant to the directory of new hires act, 4 1 chapter 16, title 72, Idaho Code. 2 (15) Personal information contained in motor vehicle and driver records 3 that is exempt from disclosure under the provisions of chapter 2, title 49, 4 Idaho Code. 5 (16) Records of the financial status of prisoners pursuant to subsection 6 (2) of section 20-607, Idaho Code. 7 (17) Records of the department of law enforcement or department of correc- 8 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 9 to DNA databases and databanks. 10 (18) Records of the department of health and welfare relating to a survey, 11 resurvey or complaint investigation of a licensed nursing facility shall be 12 exempt from disclosure. Such records shall, however, be subject to disclosure 13 as public records on and after the fourteenth day following the date that 14 department of health and welfare representatives officially exit the facility 15 pursuant to federal regulations. Provided however, that for purposes of confi- 16 dentiality, no record shall be released under this section which specifically 17 identifies any nursing facility resident. 18 (1 89) Records and information contained in the registry of immunizations 19 against childhood diseases maintained in the department of health and welfare, 20 including information disseminated to others from the registry by the depart- 21 ment of health and welfare. 22 SECTION 3. That Chapter 3, Title 9, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 9-340G, Idaho Code, and to read as follows: 25 9-340G. CERTAIN RECORDS OF THE BOARD OF PHARMACY. Prescription records in 26 the possession of the board of pharmacy shall remain confidential and not sub- 27 ject to disclosure except: 28 (1) Upon the request of the person about whom the information requested 29 concerns or upon the request on his behalf by his attorney; 30 (2) By the board in the course of its lawful duties; or 31 (3) Upon the lawful order of a court of competent jurisdiction. 32 SECTION 4. An emergency existing therefor, which emergency is hereby 33 declared to exist, this act shall be in full force and effect on and after its 34 passage and approval. The provisions of Section 1 of this act shall be null, 35 void and of no force and effect on and after July 1, 2002. Section 3 of this 36 act shall be in full force and effect only if the provisions of Section 1 37 become null, void and of no force and effect.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Wheeler Seconded by King-Barrutia IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1510 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 23, delete "may" and insert: 3 "shall". 4 AMENDMENT TO THE BILL 5 On page 4, delete lines 18 through 20 and insert: 6 "SECTION 3. That Chapter 3, Title 9, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 9-340G, Idaho Code, and to read as follows: 9 9-340G. CERTAIN RECORDS OF THE BOARD OF PHARMACY. Prescription records in 10 the possession of the board of pharmacy shall remain confidential and not sub- 11 ject to disclosure except: 12 (1) Upon the request of the person about whom the information requested 13 concerns or upon the request on his behalf by his attorney; 14 (2) By the board in the course of its lawful duties; or 15 (3) Upon the lawful order of a court of competent jurisdiction. 16 SECTION 4. An emergency existing therefor, which emergency is hereby 17 declared to exist, this act shall be in full force and effect on and after its 18 passage and approval. The provisions of Section 1 of this act shall be null, 19 void and of no force and effect on and after July 1, 2002. Section 3 of this 20 act shall be in full force and effect only if the provisions of Section 1 21 become null, void and of no force and effect.". 22 CORRECTIONS TO TITLE 23 On page 1, in line 6, delete "54-2730" and insert: "37-2730"; and delete 24 line 10 and insert: "TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 3, TITLE 25 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340G, IDAHO CODE, TO PROVIDE 26 THAT CERTAIN RECORDS OF THE BOARD OF PHARMACY ARE CONFIDENTIAL AND NOT SUBJECT 27 TO DISCLOSURE; DECLARING AN EMERGENCY, PROVIDING A SUNSET CLAUSE AND PROVIDING 28 A CONTINGENT EFFECTIVE DATE ONLY IF THE SUNSET CLAUSE TAKES EFFECT.".
STATEMENT OF PURPOSE RS10078 The purpose of this proposed legislation is to recognize the prescription tracking program and resulting database maintained by the Board of Pharmacy from information submitted to the Board under Idaho Code 54-1730, and to establish the parameters for use of, and access to, the information in the database. FISCAL IMPACT The fiscal impact of this proposed legislation is difficult to establish. The Board currently has the resources and staffing to maintain the program and the database. The Board currently employs a full-time chief controlled substance investigator who's duties include investigating abuse of controlled substances as may be indicated by analysis of the information in the database. However, information from the database could indicate a higher amount of controlled substance prescription abuse that could require additional resources and staffing to deal with. Currently the Board's funding for resources and staffing comes from license and registration fees for the practice of pharmacy and the dispensing of prescription drugs, including controlled substances. CONTACT: Richard K. "Mick" Markuson, Director Idaho State Board of Pharmacy 334-2356 STATEMENT OF PURPOSE/FISCAL NOTE S 1510