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§ 872.5. Powers and duties of board

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 3, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6B. Drugs, Poisons and Dangerous Substances
Achieving Better Care by Monitoring All Prescriptions Program (Abc-Map) Act (Refs & Annos)
Effective: January 3, 2017
35 P.S. § 872.5
§ 872.5. Powers and duties of board
Currentness
The board shall have the following powers and duties:
(1) Evaluate and secure a vendor of an electronic prescription monitoring system for the purpose of carrying out the provisions of this act.
(2) Appoint an advisory group comprised of dispensers, prescribers, law enforcement officials, addiction specialists, patient and privacy advocates and individuals with expertise considered important to the operation of the program. All members shall have varying perspectives and will provide input and recommendations to the board regarding the establishment and maintenance of the program. The advisory group shall not exceed 12 members.
(3) Create a written notice to be used by prescribers and used or displayed by dispensers to provide notice to patients that information regarding prescriptions for controlled substances is being collected by the program and that the patient has a right to review and correct the information with the program. The notice must include all of the following:
(i) The manner in which the patient may access the patient's personal information. The notice shall state that one-time quarterly patient access shall be at no cost.
(ii) An explanation of the program and the program's authorized users.
(iii) The program's record retention policies.
(iv) An explanation that prescription information is confidential and is not subject to the act of February 14, 2008 (P.L. 6, No. 3),1 known as the Right-to-Know Law.
(v) Any cost associated with accessing the information more than once during each calendar quarter.
(4) Phase in an enforcement process so that dispensers and prescribers may transition and have adequate time to make the necessary changes to their operating systems.
(5) Develop policies and procedures to:
(i) Require more frequent reporting of prescription medication information under section 72 should technology permit and so long as there is little or no fiscal impact to the Commonwealth or those required to report. Any change in the frequency of reporting shall be made in collaboration with the Board of Pharmacy and the Board of Pharmacy's members to ensure that a pharmacy is able to accommodate the change.
(ii) Evaluate the information in the system.
(iii) Allow for authorized department personnel to conduct internal reviews, analyses and interpret the data contained in the system.
(iv) Safeguard the release of information to authorized users and department personnel and ensure the privacy and confidentiality of patients and patient information.
(v) Aid prescribers in identifying at-risk individuals and referring them to drug addiction treatment professionals and programs.
(vi) Establish professionally developed criteria, with the advice of the advisory group, that generates referrals of prescription monitoring information to the appropriate licensing board in the Department of State. A referral may only be generated when the system produces an alert that there is a pattern of irregular data for a dispenser or prescriber which appears to deviate from the clinical standard.
(vii) Provide training to prescribers and dispensers on the use of the system.
(viii) Assist professional organizations whose members prescribe, monitor or treat patients or dispense controlled substances to patients to develop educational programs for those members relating to prescribing practices, pharmacology, controlled substance abuse and clinical standards, including:
(A) identification of those at risk for controlled substance abuse; and
(B) referral and treatment options for patients.
(ix) Permit individuals employed by prescribers, pharmacies and dispensers to query the system as designees so long as each individual designee has a unique identifier when accessing the system and set explicit standards to qualify individuals authorized to query the system and to ensure the security of the system when used by a designee.
(x) Keep pace with technological advances that facilitate the interoperability of the system with other states' prescription drug monitoring systems and electronic health information systems.
(xi) Evaluate the costs and benefits of the program.
(xii) Convene the advisory group at least annually.
(xiii) Direct the department to operate and maintain the program on a daily basis.
(xiv) Review the program for the purpose of compiling statistics, research and educational materials and outreach.
(xv) Identify any controlled substance that has been shown to have limited or no potential for abuse and therefore should not be reported to the program.
(xvi) Require and ensure registration of all prescribers and dispensers with the program.

Credits

2014, Oct. 27, P.L. 2911, No. 191, § 5, effective June 30, 2015. Amended 2016, Nov. 2, P.L. 980, No. 124, § 2, effective in 60 days [Jan. 3, 2017].

Footnotes

1
65 P.S. § 67.101 et seq.
2
35 P.S. § 872.7.
35 P.S. § 872.5, PA ST 35 P.S. § 872.5
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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