[Ord. No. 16-070 §1, 9-26-2016]
This Chapter shall be known as the St. Charles County Narcotics Control Act (NCA).
In order to enhance the public health and prevent the entrance of disease in St. Charles County, the provisions of this Chapter shall apply in all unincorporated and incorporated parts of St. Charles.
The provisions of the NCA shall not apply to persons licensed pursuant to Chapter 340, RSMo.
[Ord. No. 16-070 §2, 9-26-2016]
As used in theses Sections, the following terms shall have the meanings ascribed to them, thus:
- CONTROLLED SUBSTANCE
- A drug, substance or immediate precursor in Schedules I through V as set out in Chapter 195, RSMo.
- DEPARTMENT or DPH
- The St. Charles County Department of Public Health.
- The Director of the St. Charles County Department of Public Health, or the person or persons duly designated by the Director to carry out the duties of the Director specified in the NCA.
- A person who delivers a Schedule II, III or IV controlled substance to a patient. However, the term shall not include:
- 1. A hospital as defined in Section 197.020, RSMo., that distributes such substances for the purpose of inpatient care or dispenses prescriptions for controlled substances at the time of discharge from such facility;
- 2. A practitioner or other authorized person who administers such a substance; or
- 3. A wholesale distributor of a Schedule II, III or IV controlled substance.
- A person who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, not including a hospice patient enrolled in a Medicare-certified hospice program who has controlled substances dispensed to him or her by such hospice program;
- SCHEDULE II, III OR IV CONTROLLED SUBSTANCE
- A controlled substance listed in Schedules II, III or IV as set out in Chapter 195, RSMo., or the Controlled Substances Act, 21 U.S.C. Section 812.
[Ord. No. 16-070 §3, 9-26-2016]
The Director of the St. Charles County Department of Public Health shall establish and maintain a program for monitoring the prescribing and dispensing of all Schedule II, III and IV controlled substances by professionals licensed to prescribe or dispense such substances in St. Charles County, and may implement such departmental rules which in the opinion of the Director are necessary to implement such program.
Within seven (7) business days of having dispensed a Schedule II, III or IV controlled substance, the dispenser of same shall submit to DPH by electronic means information regarding such dispensing. The information submitted for each dispensing shall at minimum include:
The pharmacy's Drug Enforcement (DEA) number;
The date of dispensation;
The National Drug Code (NDC) of the drug dispensed;
The patient's name, address and date of birth;
The quantity of the drug dispensed;
The dispenser's submission of the required information to DPH shall be in accordance with transmission standards established by the American Society for Automation in Pharmacy or any of its successor organizations.
The Director is authorized to issue a waiver of the electronic transmission requirement to a dispenser demonstrably unable to comply with the requirement. A waiver shall expire one (1) year from the date of its issuance. Required information submitted under a waiver shall be submitted within the same time frame as is required herein for electronic submission.
A dispenser who has not received a waiver of the electronic submission requirement but who, due to unforeseen circumstances, is temporarily unable to transmit dispensation information electronically may upon application to the Director receive an extension of up to ten (10) business days in which to submit the required dispensation information by electronic transmission, which extension may be renewed upon subsequent showing of need by the applicant dispenser.
The Director shall make a decision concerning an application for a waiver or extension within three (3) business days of receipt thereof. An applicant for a waiver or extension who has been aggrieved by a decision of the Director may appeal the decision according to law within three (3) business days of the Director's decision.
[Ord. No. 16-070 §4, 9-26-2016]
Except when provided to persons or agencies authorized by this Chapter to receive such information, dispensation information submitted to DPH is a closed record and not subject to public disclosure pursuant to Chapter 610, RSMo. No person shall provide such information to any person or agency not authorized by this Chapter to receive it. The County Counselor shall take all reasonable and lawful steps to ensure non-disclosure of the information.
The Director shall develop and maintain procedures to ensure that the privacy and confidentiality of patients and personal information collected, recorded, transmitted and maintained are not disclosed to persons not authorized by this Chapter to receive dispensation information.
[Ord. No. 16-070 §5, 9-26-2016]
The Director may permit dispensers located in Counties other than St. Charles County to transmit dispensing information to DPH, either on a voluntary basis or pursuant to local order or ordinance or State law. Permission shall be conditional upon the dispenser complying in all respects with the provisions of this Chapter.
[Ord. No. 16-070 §6, 9-26-2016]
The Director shall review dispensing information reasonable transmitted to the DPH, and if the Director develops a reasonable belief that a breach of professional standards has occurred, the Director shall notify the appropriate law enforcement agency or the appropriate professional licensing, certification or regulatory agency. The Director may provide any dispensing information requested by such entities when advised that such information is required for conduct of an official investigation.
[Ord. No. 16-070 §7, 9-26-2016]
Dispensation information and other data compiled by DPH in connection with monitoring program established by the Director may be provided to the following persons upon a duly made request:
Persons who are authorized to prescribe or dispense controlled substances, when the request is made for the purpose of providing medical or pharmaceutical care to a patient under the requesting persons care. The requesting person does not have to be located or reside in the State of Missouri;
Person who request their own dispensation information in accordance with law;
The State Board of Pharmacy;
Any State board charged with regulating a professional authorized to prescribe or dispense controlled substances, and which has duly requested the information or data in the course of a current and open investigation into the acts of a professional under the jurisdiction of the State board. Only information related to the subject professional shall be provided by the Director;
Local, State and Federal law enforcement or prosecutorial officials, both in or outside of Missouri, who are engaged in the administration, investigation of enforcement of laws governing prescription drugs based on a specific case and under a subpoena issued pursuant to court order;
Local or State departments of public health who have adopted narcotic monitoring programs that contain substantially the same elements and requirements as those adopted by this act;
The MO HealthNet division of the Missouri Department of Social Services regarding MO HealthNet program recipients; or
A judge or other judicial officer under a subpoena issued pursuant to court order.
In addition to the above-specified persons, the Director may provide dispensation information and data to public or private entities for statistical or education purposes; however, the Director shall first delete any information that could reasonably be thought usable to identify individual persons.
[Ord. No. 16-070 §8, 9-26-2016]
This Chapter shall not be construed or interpreted to require a pharmacist or prescriber to obtain dispensation information possessed or maintained by the Department of Public Health.
[Ord. No. 16-070 §9, 9-26-2016]
No person, absent lawful authority, shall knowingly access or disclose prescription or dispensation information maintained by DPH pursuant to the NCA, or knowingly violate any other provision of the NCA.
Any person convicted of violating this Section shall be punished by a fine of up to one thousand dollars ($1,000.00) or up to one (1) year in jail, or both.
[Ord. No. 16-070 §10, 9-26-2016]
This act shall remain in full force and effect only as long as narcotic monitoring programs that contain substantially the same elements and requirements as those adopted by this act, are adopted by, and remain in effect, in both St. Louis County and the City of St. Louis.
[Ord. No. 16-070 §11, 9-26-2016]
The County Executive is authorized to enter into an intergovernmental agreement pursuant to Article II, Section 2.528 and Section 70.220, RSMo., with St. Louis County and other political subdivisions and their contract agents for prescription drug monitoring, including but not limited to the terms for the common operation of the reporting system for dispensing and prescribing entities, the split of costs for such program; information privacy and information sharing protocol requirements, the powers and duties of a board to coordinate the program, and other matters relating to the operation of the program. Such agreement shall be approved as to form by the County Counselor.