[PART VIII.]  ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM

     §329-101  Reporting of dispensation of controlled substances; electronic prescription accountability system; requirements; penalty.  (a)  A controlled substance electronic prescription accountability system shall be established within six months of June 18, 1996.

     (b)  The designated state agency shall determine those schedules of controlled substances, classes of controlled substances, and specific controlled substances that are purportedly being misused and abused in the State.  As part of the controlled substance registration process, all practitioners, except veterinarians, and pharmacies shall be registered with the department to utilize the electronic prescription accountability system.  No identified controlled substances may be dispensed unless information relevant to the dispensation of the substance is reported electronically or by means indicated by the designated state agency to the central repository established under section 329-102, in accordance with rules adopted by the department.

     (c)  The information required by this section shall be transmitted:  on an electronic device that is compatible with the receiving device of the central repository; or by computer diskette, magnetic tape, or pharmacy universal claim form that meets the specifications provided in the rules of the designated state agency.  The information to be transmitted under subsection (b) shall include at least the following for each dispensation:

     (1)  The patient's name;

     (2)  The patient's identification number;

     (3)  The patient's date of birth;

     (4)  The patient's address;

     (5)  The eight-digit national drug code number of the substance dispensed;

     (6)  The date the prescription was issued;

     (7)  The date of dispensation;

     (8)  The quantity and number of refills authorized;

     (9)  The practitioner's Drug Enforcement Administration registration number;

    (10)  The pharmacy's National Association of Boards of Pharmacy number and location; and

    (11)  The practitioner's practice specialty and subspecialties, as determined by the applicable licensure boards.

     (d)  Under the system:

     (1)  Information shall be reported in numerical format, not less than once every seven days, on the filling of prescriptions for designated controlled substances and the dispensing of drug samples by a licensed practitioner; and

     (2)  Each dispenser shall maintain a record of such filled prescriptions, including all information described in subsection (c), for a period of five years.  Each dispenser shall keep these records available for inspection and copying by the designated state agency.

     (e)  The system shall provide for the use of a central repository in accordance with section 329-102.  The operation of the system shall be overseen by the designated state agency.  The system shall include provisions to protect the confidentiality of information in the system, in accordance with section 329-104.

     (f)  Intentional or knowing failure to transmit any information as required by this section, including a request by the designated state agency for data corrections, shall be a misdemeanor, may incur administrative fines, and shall result in the immediate suspension of that pharmacy or practitioner's ability to dispense controlled substances in the State until authorized by the administrator. [L 1996, c 268, pt of §2; am L 1997, c 280, §6; am L 1999, c 252, §13; am L 2001, c 203, §8; am L 2008, c 186, §7; am L 2010, c 123, §7; am L 2011, c 73, §4; am L 2016, c 55, §3 and c 218, §16]