HB12-1242

HB12-1242 - Biometric System Monitor Prescription Drugs

Postponed Indefinitely
Concerning The Creation Of An Electronic Biometric Prescribing System Using Biometric Identifiers To Transmit Information Pertaining To The Distribution Of Certain Medications.

The bill requires the division of registrations (division) in the department of regulatory agencies, by January 1, 2013, to develop an electronic system to monitor and store in a secure database information pertaining to:

  • The prescribing of prescription drugs;
  • The dispensing or delivery of prescription drugs by a prescription drug outlet (PDO) or health care practitioner (practitioner); and
  • The dispensing or delivery of restricted over-the-counter substances, also known as methamphetamine precursor drugs, by a PDO or practitioner.

Practitioners and PDOs are required to maintain biometric scanning devices and to use those devices to obtain a biometric scan of a person's biometric identifier, such as a fingerprint or retinal scan, and to submit the scan to the database. Practitioners and PDOs are also required, prior to prescribing or dispensing a prescription drug or dispensing a restricted over-the-counter substance, to submit specified information to the database, including:

  • The date of the prescription order;
  • The name of the substance prescribed or dispensed, including strength, quantity, and directions for use;
  • The name and address of the practitioner or PDO, as applicable; and
  • The name and address of the person receiving the substance, as applicable, in an encrypted format.

Once the information is received, the database assigns a unique identifying number to the particular prescription order or restricted over-the-counter substance and immediately transmits to the practitioner or PDO, as applicable, the following:

  • The identifying number for the substance;
  • The names of the substances prescribed or dispensed in connection with the biometric scan that may conflict with or overlap the practitioner's prescription order or the restricted over-the-counter substance; and
  • The name and address of the practitioner whose prescription order may conflict with or overlap the prescribing practitioner's prescription or restricted over-the-counter substance and the name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance.

Before dispensing or delivering a prescription drug or restricted over-the-counter substance, the practitioner or PDO is to submit the biometric scan to the database, and the database is to immediately transmit to the practitioner or PDO the following:

  • The names of the substances that have been prescribed in connection with the biometric scan that may conflict with or overlap the substance to be dispensed or delivered;
  • The name and address of the practitioner whose order may conflict with or overlap the prescription drug or restricted over-the-counter substance to be dispensed or delivered and the full name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance;
  • A graduated alert system indicating the potential dangers related to dispensing or prescribing the substances as they relate to any conflicting or overlapping prescriptions;
  • A warning or critical alert relating to the severity of the conflict or overlap, requiring the practitioner to biometrically acknowledge receipt of the conflict or overlap; and
  • A warning or critical alert relating to the severity of the conflict or overlap to additional practitioners who provided or delivered the conflicting or overlapping substances.

The bill makes exceptions for practitioners who administer a substance directly to the patient and for substances dispensed in an inpatient or residential facility. A person who fails to comply with the requirements of the bill commits a class 1 misdemeanor.

Latest update: March 15, 2012
03/15/2012 House Committee on Health and Environment Postpone Indefinitely
02/07/2012 Introduced In House - Assigned to Health and Environment + Economic and Business Development