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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
]]]] 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
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