Chapter 194
2016 -- H 7847
Enacted 06/28/2016

A N   A C T
RELATING TO FOOD AND DRUGS - UNIFORMED CONTROLLED SUBSTANCE ACT

Introduced By: Representatives McNamara, Azzinaro, and Diaz
Date Introduced: March 03, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 21-28-3.32 of the General Laws in Chapter 21-28 entitled "Uniform
Controlled Substances Act" is hereby amended to read as follows:
     21-28-3.32. Electronic prescription database. -- (a) The information contained in any
prescription drug monitoring database maintained by the department of health pursuant to § 21-
28-3.18 of this chapter shall be disclosed only:
      (1) To a practitioner who certifies that the requested information is for the purpose of
evaluating the need for, or providing medical treatment to, a current patient to whom the
practitioner is prescribing or considering prescribing a controlled substance;
      (2) To a pharmacist who certifies that the requested information is for a current client to
whom the pharmacist is dispensing, or considering dispensing, a controlled substance;
      (3) To an authorized designee of the practitioner and/or pharmacist to consult the
prescription-drug-monitoring database on the practitioner's and/or pharmacist's behalf, provided
that:
      (i) The designee so authorized is employed by the same professional practice or
pharmacy;
      (ii) The practitioner or pharmacist takes reasonable steps to ensure that such designee is
sufficiently competent in the use of the database;
      (iii) The practitioner or pharmacist remains responsible for ensuring that access to the
database by the designee is limited to authorized purposes as provided for in subsections (a)(1)
and (a)(2) of this section;
      (iv) The practitioner or pharmacist remains responsible for ensuring access to the
database by the designee occurs in a manner that protects the confidentiality of information
obtained from the database and remains responsible for any breach of confidentiality;
      (v) The practitioner or pharmacist terminates the designee's access to the database at the
termination of the designee's employment; and
      (vi) The ultimate decision as to whether or not to prescribe or dispense a controlled
substance remains with the practitioner or pharmacist and is reasonably informed by the relevant,
controlled-substance-history information obtained from the database.
      (4) Pursuant to a valid search warrant based on probable cause to believe a violation of
federal or state criminal law has occurred and that specified information contained in the database
would assist in the investigation of the crime;
      (5) To a patient who requests his or her own prescription information, or the parent or
legal guardian of a minor child who requests the minor child's prescription information;
      (6) To a health professional regulatory board that documents, in writing, that the
requested information is necessary for an investigation related to licensure, renewal, or
disciplinary action involving the applicant, licensee, or registrant to whom the requested
information pertains;
      (7) To any vendor or contractor with whom the department has contracted to establish or
maintain the electronic system of the prescription-drug-monitoring database; or
      (8) To public or private entities for statistical, research, or educational purposes, after
removing the patient and prescriber information that could be used to identify individual patients.
This shall not include entities receiving a waiver from the institutional review board.; or
     (9) To any vendor, agent, contractor, or designee who operates an electronic health record
or clinical-management system for the purpose of sharing data with practitioners, pharmacists, or
licensed health care facilities or designees.
      (b) Information stored in the prescription-drug-monitoring database shall include only
the following:
      (1) Patient's first and last name, and/or patient identification number; provided, however,
the patient's social security number shall not be recorded in whole or in part, patient sex, patient
date of birth, and patient address;
      (2) Prescribing practitioner's name and dDrug eEnforcement aAdministration prescriber-
information number;
      (3) Prescribing practitioner's office or hospital contact information;
      (4) Prescription name, prescription number, prescription species code, national drug code
number, prescription dosage, prescription quantity, days' supply, new-refill code, number of
refills authorized, date the prescription was written, date the prescription was filled, payment
type; provided, however, no credit card number shall be recorded in whole or in part; and
      (5) The dDrug eEnforcement aAdministration pharmacy number of the pharmacy filling
the prescription.
      (c) The department shall disclose any information relating to a patient maintained in the
prescription drug monitoring database to that patient, at no cost to the patient, within thirty (30)
business days after the department receives a written request from the patient for the information.
This information shall include the records maintained by the department pursuant to subsection
(e). Notwithstanding the above, the department may, at the request of the law enforcement
agency, withhold, for up to sixty (60) days following the conclusion of a law enforcement
investigation, the disclosure to the patient that information has been obtained pursuant to
subdivision (a)(3)(4).
      (d) A patient may request, from the dispensing pharmacy, correction of any inaccurate
information contained within the prescription drug monitoring database in accordance with the
procedure specified by § 5-37.3-5(c).
      (e) The department shall, for the period of time that prescription information is
maintained, maintain records of the information disclosed through the prescription-drug-
monitoring database, including, but not limited to:
      (1) The identity of each person who requests or receives information from the
prescription-drug-monitoring database and the organization, if any, the person represents;
      (2) The information released to each person or organization and the basis for its release
under subsection (a); and
      (3) The dates the information was requested and provided.
      (f) Prescription information contained within the prescription-drug-monitoring database
shall be removed no later than five (5) years from the date the information is entered into the
database. Records in existence prior to the enactment of this section shall be removed no later
than ten (10) years from the date the information is entered into the database.
      (g) The department shall promptly notify any affected individual of an improper
disclosure of information from the prescription-drug-monitoring database or a breach in the
security of the prescription-drug-monitoring database that poses a significant risk of disclosure of
patient information to an unauthorized individual.
      (h) At the time of signing a prescription that is required by the department to be entered
into the prescription-drug-monitoring database, the prescribing practitioner shall inform the
patient in writing of the existence of the prescription-drug-monitoring database,; the patient's
right to access their own prescription information,; and the name and contact information of the
agency operating the program.
      (i) No person shall access information in the prescription-monitoring-database except to
the extent and for the purposes authorized by subsection (a).
      (j) In any civil action allowing a violation of this chapter, the court may award damages,
including punitive damages, and reasonable attorneys' fees and costs to a prevailing plaintiff, and
injunctive and any other appropriate relief.
      (k) Any pharmacist who, in his or her professional judgment, refuses to fill a prescription
based on information contained within the prescription-drug-monitoring database shall inform the
prescribing physician within twenty-four (24) hours.
      (l) All practitioners shall, as a condition of the initial registration or renewal of the
practitioner's authority to prescribe controlled substances, register with the prescription-drug-
monitoring database maintained by the department of health.
     SECTION 2. This act shall take effect upon passage.
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