Signed by Governor Nathan Deal

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a prescription drug information database for controlled substances, effective July 1, 2011.

Highlights:

• Requires the Georgia Drugs and Narcotics Agency to establish and maintain an electronic database of prescription information resulting from the dispensing of controlled substances and to electronically review the information in the database (Sec. 2).

• Requires dispensers of prescription drugs to submit information to the Georgia Drugs and Narcotics Agency including, but not limited to, the following (Sec. 2):
• The date the prescription was dispensed;
• The quantity and strength dispensed;
• The number of days supply of the drug;
• The patient's name and address; and
• The patient's date of birth.

• Requires dispensers to report prescription information no later than 10 days after the prescription is dispensed (Sec. 2).

• Authorizes the Georgia Drugs and Narcotics agency to apply for available grants and accept any gifts, grants, donations, or other funds to assist in developing and maintaining the database (Sec. 2).

• Prohibits the Georgia Drugs and Narcotics Agency from accessing or allowing others to access any identifying prescription information from the electronic database after 1 year from the date such information was originally received by the agency (Sec. 2).

• Specifies that the prescription information in the database shall be confidential and shall not be subject to open records requirements (Sec. 2).

• Requires pharmacists to require individuals purchasing controlled substance prescriptions to present a government issued photo identification document prior to being given the prescription (Sec. 4).

• Requires all hard copy prescription drug orders for controlled substances to be written on security paper, effective October 1, 2011 (Sec. 5).

• Requires health care practitioners to employ reasonable safeguards to assure against theft or unauthorized use of security paper and to report any theft or unauthorized use of security paper to the appropriate authorities (Sec. 5).

• Exempts veterinarians from the provisions of this act (Sec. 2).

• This act is effective July 1, 2011 (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes a prescription drug information database for controlled substances, effective July 1, 2011.

Highlights:

• Specifies that the State Board of Pharmacy will administer the program (Sec. 2).

• Authorizes the board to apply for available grants and accept any gifts, grants, donations, and other funds to assist in developing and maintaining the program (Sec. 2).

• Requires all dispensers of Schedule II, III, IV, or V controlled substances to submit to the State Board of Pharmacy information of each prescription, including, but not limited to, the following no later than 10 days after the prescription is dispensed (Sec. 2):
• Date the prescription was dispensed;
• Prescription serial number;
• Quantity and strength dispensed;
• If the prescription is new or refill;
• Personal information of the patient, including name, address, and birth date; and
• Other information designated by regulations of the Board.

• Requires the board to provide requested prescription information collected to the following (Sec. 2):
• Persons authorized to prescribe or dispense controlled substances for the sole purpose of providing medical or pharmaceutical care for their patients; -A patient, prescriber, or dispenser about whom the prescription information requested concerns or upon the request on his or her behalf of his or her attorney;
• The Georgia Composite Medical Board or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances in this state;
• Any local, state, or federal law enforcement, regulatory, or prosecutorial officials upon receipt of a subpoena issued by a superior court in compliance with Georgia law and the Georgia Constitution;
• A state agency, board, or entity with administrative subpoena powers upon receipt of a subpoena issued by a superior court;
• A court of competent jurisdiction;
• Personnel of the board for purposes of administration and enforcement of this part or any other applicable state law; and
• Government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers.

• Classifies each of the following violations as a misdemeanor (Sec. 2):
• A dispenser who knowingly and intentionally fails to submit prescription information to the board or knowingly and intentionally submits incorrect prescription information; or
• An individual authorized to access electronic data base prescription information who negligently uses, releases, or discloses such information.

• Classifies each of the following violations as a felony (Sec. 2):
• Any person who obtains or discloses electronic data base prescription information under false pretenses; or
• Any person who obtains or discloses electronic data base prescription information for commercial advantage, personal gain, or malicious harm.

Full Bill Text