Prevent Opiate Abuse by Strengthening the Controlled Substances Prescription Monitoring Program

Last updated: Apr 17, 2016

Details about this bill
Category: Pharmacy Related
Status: Passed
Sponsor: Senator Andre Cushing, Senate 33 - York County
Session: 127
Bill #: LD 1646

Position:

Monitoring, but we have some concerns about the legislation as proposed. We support the final amended language.

UPDATE 4/16/16: This bill was passed by the House and Senate on the final day. Governor LePage is reportedly going to sign it publicly later this week.

UPDATE 3/26/16: A compromise was reached on language to meet the needs of our pharmacy members. The bill received a majority Ought to Pass as Amended vote from the committee. Exact language is not available as of this writing.

Summary:

This bill makes the following changes to the laws governing the Controlled Substances Prescription Monitoring Program and the prescribing and dispensing of opioids and other drugs.

1. It provides to a prescriber immunity from liability for disclosure of information to the Controlled Substances Prescription Monitoring Program.

2. It provides that upon initial prescription of a benzodiazepine or an opioid to a person and every 90 days for as long as the prescription is renewed, a prescriber must check prescription monitoring information maintained by the Controlled Substances Prescription Monitoring Program for records related to that person. A prescriber who violates this provision is subject to a fine of $250 per incident, not to exceed $5,000 per calendar year.

3. It provides that prior to dispensing a benzodiazepine or an opioid to a person, a dispenser must check prescription monitoring information maintained by the Controlled Substances Prescription Monitoring Program for records related to that person. A dispenser must notify the program and withhold a prescription until the dispenser is able to contact the prescriber of that prescription if the dispenser has reason to believe that that prescription is fraudulent or duplicative. A dispenser who violates these provisions is subject to a fine of $250 per incident, not to exceed $5,000 per calendar year.

4. It provides that the failure of a health care provider who is a prescriber or dispenser to check prescription monitoring information or to submit prescription monitoring information to the Department of Health and Human Services as required by law is grounds for discipline of that health care provider.

5. It requires that by December 31, 2017 and every 5 years thereafter a health care provider who is a prescriber must successfully complete a training course on the prescription of opioid pain medication that has been approved by the Department of Health and Human Services as a condition of prescribing opioid pain medications.

6. It sets limits on the amount of opioid pain medication that may be prescribed to a patient.

7. It provides that beginning January 1, 2018, opioid pain medication may only be prescribed electronically.