2000 Legislation
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SENATE BILL NO. 1510, As Amended – Prescription tracking program

SENATE BILL NO. 1510, As Amended

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Daily Data Tracking History



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

Bill Text


 S1510
                                                                        
                                                                        
  ||||              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        (189) 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.

Amendment


 AS1510
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


     
     
                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