GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 723
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Short Title: Strengthen Controlled Sub. Reporting System. |
(Public) |
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Sponsors: |
Senators Hise; and Brock. |
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Referred to: |
Judiciary I. |
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April 20, 2011
A BILL TO BE ENTITLED
AN ACT to strengthen the controlled substances reporting system by requiring the department of health and human services to update the system to provide real‑time prescription information, by requiring dispensers to report prescription information within twenty‑four hours after dispensing a prescription, and by requiring prescribers and dispensers to review information in the controlled substances reporting system prior to prescribing or dispensing a controlled substance to a patient.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑113.73 reads as rewritten:
"§ 90‑113.73. Requirements for controlled substances reporting system.
(a) The Department shall establish and maintain a an
electronic reporting system of prescriptionsthat provides real‑time
prescription information for all Schedule II through V controlled
substances. Each dispenser shall submit the information in accordance with
transmission methods and frequency established by rule by the Commission. The
Department may issue a waiver to a dispenser that is unable to submit
prescription information by electronic means. The waiver may permit the
dispenser to submit prescription information by paper form or other means,
provided all information required of electronically submitted data is
submitted. The dispenser shall report the information required under this
section on a monthly basis for the first 12 months of the Controlled Substances
Reporting System's operation, and twice monthly thereafter, until January 2, 2010,
at which time dispensers Dispensers shall report the information
required under this section no later than seven days24 hours
after the prescription is dispensed in a format as determined annually by the
Department based on the format used in the majority of the states operating a
controlled substances reporting system.
(b) The Commission shall adopt rules requiring
dispensers to report the following information. The information
within 24 hours after dispensing a prescription for a Schedule II through V
controlled substance. With the exception of the 24-hour reporting requirement,
the Commission may modify these requirements as necessary to carry out the
purposes of this Article. The dispenser shall report:
(1) The dispenser's DEA number.
(2) The name of the patient for whom the controlled substance is being dispensed, and the patient's:
a. Full address, including city, state, and zip code,
b. Telephone number, and
c. Date of birth.
(3) The date the prescription was written.
(4) The date the prescription was filled.
(5) The prescription number.
(6) Whether the prescription is new or a refill.
(7) Metric quantity of the dispensed drug.
(8) Estimated days of supply of dispensed drug, if provided to the dispenser.
(9) National Drug Code of dispensed drug.
(10) Prescriber's DEA number."
SECTION 2. Article 5E of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑113.74A. Mandatory use of controlled substances reporting system.
(a) Each person authorized to prescribe or dispense a controlled substance for the purpose of providing medical or pharmaceutical care for a patient shall, prior to prescribing or dispensing a controlled substance, review all information contained in the controlled substances reporting system pertaining to the patient for the preceding 12-month period to determine if the prescription is medically necessary and appropriate. This section does not apply to an emergency situation in which immediate action is necessary to preserve the life or health of a patient.
(b) The Commission may adopt rules as necessary to implement this section."
SECTION 3. This act becomes effective December 1, 2011.