View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0389aa...............................................by HEALTH AND WELFARE
PRESCRIPTION DATABASE - Amends existing law to revise those persons to whom
the database information is available; to provide criminal penalties, in
addition to any other civil or administrative penalty or sanction
authorized by law; and to provide exceptions.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Jud
02/14 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 64-0-6
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn,
Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Bradford, Kren, Moyle, Ruchti, Trail
Floor Sponsor - Nielsen
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Davis
Floor Sponsor - Werk
Title apvd - to House
03/07 To enrol
03/10 Rpt enrol - Sp signed
03/11 Pres signed - To Governor
03/17 Governor signed
Session Law Chapter 129
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 389 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS DATABASE; AMENDING SECTION 3 37-2726, IDAHO CODE, TO PROVIDE CRIMINAL PENALTIES WHICH ARE IN ADDITION 4 TO ANY OTHER CIVIL OR ADMINISTRATIVE PENALTY OR SANCTION AUTHORIZED BY 5 LAW, FOR KNOWINGLY OBTAINING, ATTEMPTING TO OBTAIN OR REDISCLOSING INFOR- 6 MATION OBTAINED FROM THE CONTROLLED SUBSTANCE DATABASE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 37-2726, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 37-2726. FILING PRESCRIPTIONS -- DATABASE. (1) All controlled substances 11 prescriptions shall be filed with the board electronically in a format estab- 12 lished by the board or by other method as required by board rule. The board 13 may require the filing of other prescriptions by board rule. The board shall 14 establish by rule the information to be submitted pursuant to the purposes of 15 this section and the purposes set forth in section 37-2730A, Idaho Code. 16 (2) The board shall create, operate and maintain a controlled substances 17 prescriptions database containing the information submitted pursuant to sub- 18 section (1) of this section, to be used for the purposes and subject to the 19 terms, conditions and immunities described in section 37-2730A, Idaho Code. 20 The database information must be made available only to the following: 21 (a) Authorized individuals employed by the boards responsible for con- 22 ducting investigations related to the licensing and discipline of practi- 23 tioners; 24 (b) Peace officers employed by federal, state and local law enforcement 25 agencies engaged as a specified duty of their employment in enforcing law 26 regulating controlled substances; 27 (c) Authorized individuals under the direction of the department of 28 health and welfare for the purpose of monitoring and enforcing that 29 department's responsibilities under the public health, medicare and medic- 30 aid laws; 31 (d) A licensed practitioner having authority to prescribe controlled sub- 32 stances, to the extent the information relates specifically to a current 33 patient of the practitioner, to whom the practitioner is prescribing or 34 considering prescribing any controlled substance; 35 (e) A licensed pharmacist having authority to dispense controlled sub- 36 stances to the extent the information relates specifically to a current 37 patient to whom that pharmacist is dispensing or considering dispensing 38 any controlled substance; 39 (f) An individual who is the recipient of a controlled substance pre- 40 scription entered into the database or that individual's attorney, upon 41 providing evidence satisfactory to the board that the individual request- 42 ing the information is in fact the person about whom the data entry was 43 made or the attorney for that person; and 2 1 (g) Upon the lawful order of a court of competent jurisdiction. 2 (3) The board must maintain records on the information disclosed from the 3 database, including: 4 (a) The identification of each individual who requests or receives infor- 5 mation from the database and who that individual represents; 6 (b) The information provided to each such individual; and 7 (c) The date and time the information is requested or provided. 8 (4) The board shall promulgate rules to ensure that only authorized indi- 9 viduals have access to the database. 10 (5) Notwithstanding section 37-2730A(4), Idaho Code, any person who know- 11 ingly obtains, attempts to obtain or rediscloses information obtained from the 12 controlled substances prescriptions database for a purpose not authorized by 13 subsection (2) of this section shall be guilty of a misdemeanor, punishable by 14 imprisonment in a county jail not exceeding six (6) months, or by a fine not 15 exceeding two thousand dollars ($2,000), or both. The foregoing criminal pen- 16 alty is in addition to, and not in lieu of, any other civil or administrative 17 penalty or sanction authorized by law. 18 (6) All costs associated with recording and submitting data as required 19 in this section are assumed by the dispensing practitioner recording and sub- 20 mitting the data. 21 (67) The definitions set forth in section 37-2701, Idaho Code, shall 22 apply to this section.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Nielsen Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 389 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 43, delete "and" and insert: 3 "and". 4 On page 2, in line 1, following "jurisdiction" insert: "; and 5 (h) Prosecuting attorneys, deputy prosecuting attorneys and special 6 prosecutors of a county or city and special assistant attorneys general 7 from the office of the attorney general engaged in enforcing law regulat- 8 ing controlled substances"; 9 delete lines 10 through 17 and insert: 10 "(5) Any person who knowingly misrepresents to the board that he is a 11 person entitled under subsection (2) of this section to receive information 12 from the controlled substances prescriptions database under the conditions 13 therein provided, and who receives information from the controlled substances 14 prescriptions database resulting from that misrepresentation shall be guilty 15 of a misdemeanor, punishable by imprisonment in a county jail not to exceed 16 six (6) months, or by a fine not to exceed two thousand dollars ($2,000), or 17 both. The foregoing criminal penalty is in addition to, and not in lieu of, 18 any other civil or administrative penalty or sanction authorized by law. 19 (6) Any person in possession, whether lawfully or unlawfully, of informa- 20 tion from the controlled substances prescriptions database which identifies an 21 individual patient and who knowingly discloses such information to a person 22 not authorized to receive or use such information under any state or federal 23 law, rule or regulation; the lawful order of a court of competent jurisdic- 24 tion; or written authorization of the individual patient shall be guilty of a 25 misdemeanor, punishable by imprisonment in a county jail not to exceed six (6) 26 months, or by a fine not to exceed two thousand dollars ($2,000), or both. The 27 foregoing criminal penalty is in addition to, and not in lieu of, any other 28 civil or administrative penalty or sanction authorized by law. The provisions 29 of this subsection shall not apply to disclosure of individual patient infor- 30 mation by the patient himself. The provisions of this subsection shall not 31 apply to disclosure of information by a prosecuting attorney, deputy prosecut- 32 ing attorney or special prosecutor of a county or city or by a special assis- 33 tant attorney general from the office of the attorney general in the course of 34 a criminal proceeding, whether preconviction or postconviction."; 35 in line 18, delete "(6)" and insert: "(7)"; and in line 21, delete "(67)" and 36 insert: "(68)". 37 CORRECTIONS TO TITLE 38 On page 1, in line 3, following "CODE," insert: "TO REVISE THOSE PERSONS 39 TO WHOM DATABASE INFORMATION IS AVAILABLE,"; delete lines 5 and 6 and insert: 40 "LAW AND TO PROVIDE EXCEPTIONS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 389, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS DATABASE; AMENDING SECTION 3 37-2726, IDAHO CODE, TO REVISE THOSE PERSONS TO WHOM DATABASE INFORMATION 4 IS AVAILABLE, TO PROVIDE CRIMINAL PENALTIES WHICH ARE IN ADDITION TO ANY 5 OTHER CIVIL OR ADMINISTRATIVE PENALTY OR SANCTION AUTHORIZED BY LAW AND TO 6 PROVIDE EXCEPTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 37-2726, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 37-2726. FILING PRESCRIPTIONS -- DATABASE. (1) All controlled substances 11 prescriptions shall be filed with the board electronically in a format estab- 12 lished by the board or by other method as required by board rule. The board 13 may require the filing of other prescriptions by board rule. The board shall 14 establish by rule the information to be submitted pursuant to the purposes of 15 this section and the purposes set forth in section 37-2730A, Idaho Code. 16 (2) The board shall create, operate and maintain a controlled substances 17 prescriptions database containing the information submitted pursuant to sub- 18 section (1) of this section, to be used for the purposes and subject to the 19 terms, conditions and immunities described in section 37-2730A, Idaho Code. 20 The database information must be made available only to the following: 21 (a) Authorized individuals employed by the boards responsible for con- 22 ducting investigations related to the licensing and discipline of practi- 23 tioners; 24 (b) Peace officers employed by federal, state and local law enforcement 25 agencies engaged as a specified duty of their employment in enforcing law 26 regulating controlled substances; 27 (c) Authorized individuals under the direction of the department of 28 health and welfare for the purpose of monitoring and enforcing that 29 department's responsibilities under the public health, medicare and medic- 30 aid laws; 31 (d) A licensed practitioner having authority to prescribe controlled sub- 32 stances, to the extent the information relates specifically to a current 33 patient of the practitioner, to whom the practitioner is prescribing or 34 considering prescribing any controlled substance; 35 (e) A licensed pharmacist having authority to dispense controlled sub- 36 stances to the extent the information relates specifically to a current 37 patient to whom that pharmacist is dispensing or considering dispensing 38 any controlled substance; 39 (f) An individual who is the recipient of a controlled substance pre- 40 scription entered into the database or that individual's attorney, upon 41 providing evidence satisfactory to the board that the individual request- 42 ing the information is in fact the person about whom the data entry was 43 made or the attorney for that person;and2 1 (g) Upon the lawful order of a court of competent jurisdiction; and 2 (h) Prosecuting attorneys, deputy prosecuting attorneys and special 3 prosecutors of a county or city and special assistant attorneys general 4 from the office of the attorney general engaged in enforcing law regulat- 5 ing controlled substances. 6 (3) The board must maintain records on the information disclosed from the 7 database, including: 8 (a) The identification of each individual who requests or receives infor- 9 mation from the database and who that individual represents; 10 (b) The information provided to each such individual; and 11 (c) The date and time the information is requested or provided. 12 (4) The board shall promulgate rules to ensure that only authorized indi- 13 viduals have access to the database. 14 (5) Any person who knowingly misrepresents to the board that he is a per- 15 son entitled under subsection (2) of this section to receive information from 16 the controlled substances prescriptions database under the conditions therein 17 provided, and who receives information from the controlled substances pre- 18 scriptions database resulting from that misrepresentation shall be guilty of a 19 misdemeanor, punishable by imprisonment in a county jail not to exceed six (6) 20 months, or by a fine not to exceed two thousand dollars ($2,000), or both. The 21 foregoing criminal penalty is in addition to, and not in lieu of, any other 22 civil or administrative penalty or sanction authorized by law. 23 (6) Any person in possession, whether lawfully or unlawfully, of informa- 24 tion from the controlled substances prescriptions database which identifies an 25 individual patient and who knowingly discloses such information to a person 26 not authorized to receive or use such information under any state or federal 27 law, rule or regulation; the lawful order of a court of competent jurisdic- 28 tion; or written authorization of the individual patient shall be guilty of a 29 misdemeanor, punishable by imprisonment in a county jail not to exceed six (6) 30 months, or by a fine not to exceed two thousand dollars ($2,000), or both. The 31 foregoing criminal penalty is in addition to, and not in lieu of, any other 32 civil or administrative penalty or sanction authorized by law. The provisions 33 of this subsection shall not apply to disclosure of individual patient infor- 34 mation by the patient himself. The provisions of this subsection shall not 35 apply to disclosure of information by a prosecuting attorney, deputy prosecut- 36 ing attorney or special prosecutor of a county or city or by a special assis- 37 tant attorney general from the office of the attorney general in the course of 38 a criminal proceeding, whether preconviction or postconviction. 39 (7) All costs associated with recording and submitting data as required 40 in this section are assumed by the dispensing practitioner recording and sub- 41 mitting the data. 42 (68) The definitions set forth in section 37-2701, Idaho Code, shall 43 apply to this section.
STATEMENT OF PURPOSE
RS 17389
The proposed legislation amends Section 37-2726, Idaho Code, to
include county or city prosecuting attorneys, deputy prosecuting
attorneys and special prosecutors and to include special assistant
deputy attorneys-general from the office of the attorney general
among those persons statutorily authorized to obtain information
from the controlled substances prescriptions database, so long as
the information specifically relates to a criminal investigation or
criminal prosecution of a violation of Chapter 27, Title 37, Idaho
Code. The proposed legislation also addresses the absence in the
statute of criminal penalties when a person wrongfully obtains
information from the controlled substances prescriptions database
or wrongfully discloses information obtained from the database to
third persons. Criminal sanctions are a deterrent to violations of
personal privacy. The proposed legislation makes it a misdemeanor
punishable by six months imprisonment or a fine not to exceed
$2,000 or both when a person knowingly misrepresents to the board
of pharmacy that they are a person authorized under Section 37-
2726(2), Idaho Code, to receive information from the controlled
substances prescriptions database under the conditions therein
provided and then receives information from the database resulting
from the misrepresentation. The maximum fine is $1,000 higher than
the maximum fine otherwise provided for under Section 18-113, Idaho
Code, in cases of misdemeanors where a different punishment is not
prescribed in the code. The proposed maximum criminal fine of
$2,000 is similar to the maximum administrative fine of $2,000 that
the board is authorized under Section 54-1728(1)(f) to impose in
cases of professional discipline. The proposed criminal penalty of
six months imprisonment is the same length of imprisonment provided
for misdemeanors under Section 18-113, Idaho Code. The proposed
legislation also makes it a misdemeanor punishable in the same
manner as the misrepresentation offense, for a person in possession
of information from the database regarding an individual patient,
whether that possession is lawful or unlawful, to disclose
information regarding that patient to any third person not legally
entitled to receive the information.
FISCAL NOTE
None.
Contact
Name: Mark Johnston, Executive Director, Idaho Board of Pharmacy
Phone: (208) 334-2356
STATEMENT OF PURPOSE/FISCAL NOTE H 389aa
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT