AB 364

This bill makes a number of changes to the Prescription Drug Monitoring

Program (PDMP) administered by the Controlled Substances Board (board).

Under the bill, a pharmacy or practitioner generating a record under the PDMP

when a monitored prescription drug is dispensed is required to submit the record to

the board no later than 11:59 p.m. of the next business day after the monitored

prescription drug is dispensed. Currently, there is no specific time frame required

for the submission to the board of a record generated under the PDMP.

Under current law, the rules promulgated by the board implementing the

PDMP must specify the persons to whom a record may be disclosed and the

circumstances under which the disclosure may occur, including disclosure to

relevant state boards and agencies, relevant agencies of other states, and relevant

law enforcement agencies under circumstances indicating suspicious or critically

dangerous conduct or practices of a pharmacy, pharmacist, practitioner, or patient.

The bill adds disclosure to relevant prosecutorial units, and the bill specifies that

disclosure of a record generated under the PDMP is authorized under the following

additional circumstances:

1. The state board or agency, agency of another state, law enforcement agency,

or prosecutorial unit makes a written request for the record and is engaged in an

active and specific investigation or prosecution of a violation of any state or federal

law involving a monitored prescription drug, and the record being requested is

reasonably related to that investigation or prosecution.

2. The state board or agency, agency of another state, law enforcement agency,

or prosecutorial unit makes a written request for the record and is monitoring the

patient as part of a drug court.

The bill further permits disclosure to a practitioner, pharmacist, registered

nurse, or substance abuse counselor who is treating or rendering assistance to the

patient for whom the record was generated and under other specific circumstances.

Finally, the bill authorizes disclosure of a record generated under the PDMP to

a person who medically coordinates, directs, or supervises, or establishes standard

operating procedures for, a practitioner, pharmacist, registered nurse, or substance

abuse counselor to whom records may otherwise be disclosed, if the person is

evaluating the job performance of the practitioner, pharmacist, registered nurse, or

substance abuse counselor, or is performing quality assessment and improvement

activities, including outcomes evaluation or development of clinical guidelines, and

if the disclosure is limited to only those records about the practitioner, pharmacist,

registered nurse, or substance abuse counselor.