[Ord. No. 2715-18, 9-4-2018]
There is hereby established a City of Camdenton, Missouri, Prescription
Drug Monitoring Program referred to herein as a "PDMP."
[Ord. No. 2715-18, 9-4-2018]
As used in this Chapter, the following terms shall have the
meanings indicated:
A drug, substance, or immediate precursor in Schedules I
through V as set out in Chapter 195 of the Revised Statutes of Missouri.
The City Administrator of the City of Camdenton or his/her
designee.
The Administrator to the St. Louis County PDMP Program.
A person who delivers a Schedule II, III, or IV controlled
substance to a patient. "Dispenser" does not include, however:
A hospital as defined in Section 197.020 of the Revised Statutes
of Missouri that distributes such substances for the purpose of inpatient
care or dispenses prescriptions for controlled substances at the time
of discharge from such facility;
A practitioner such as a nurse or a physician or other authorized
person who administers such a substance;
A wholesale distributor of a Schedule II, III, or IV controlled
substance; or
Persons in the veterinary field licensed pursuant to Chapter 340 of the Revised Statutes of Missouri.
A person who is the ultimate user of a drug for whom a prescription
is issued or for whom a drug is dispensed. "Patient" does not include
a hospice patient enrolled in a Medicare-certified hospice program
who has controlled substances dispensed to him/her by such hospice
program.
Prescription Drug Monitoring Program.
A controlled substance listed in Schedules II, III, or IV
as set out in Chapter 195 of the Revised Statutes of Missouri or as
set out in the Controlled Substances Act, 21 U.S.C. § 812.
[Ord. No. 2715-18, 9-4-2018]
A.
The
City Administrator shall coordinate and cooperate with St. Louis County
to establish and maintain a PDMP 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
the City of Camdenton, Missouri.
B.
St.
Louis County Health Department holds the contract with Apriss. The
City of Camdenton shall have a subscription to participate in the
St. Louis County PDMP program.
C.
This
Chapter gives authority for St. Louis County Health Department to
receive information from the City of Camdenton through the Apriss
system.
D.
Any
PDMP shall operate so as to be consistent with Federal law, such as
laws or regulations concerning narcotics and laws regarding patient
privacy.
[Ord. No. 2715-18, 9-4-2018]
A.
Electronic
Reporting Required. Within seven (7) business days of having dispensed
a Schedule II, III, or IV controlled substance, a dispenser shall
submit to the St. Louis County PDMP program with which the City has
a cooperating relationship information regarding such dispensing.
The information shall be submitted electronically in a format required
by the Director and in accordance with the transmission standards
established by the American Society for Automation in Pharmacy or
any of its successor organizations.
B.
Report
Contents. The information submitted for each dispensing shall, at
minimum, include:
1.
The pharmacy's Drug Enforcement (DEA) number;
2.
The date of dispensation;
3.
If the substance was dispensed via prescription;
4.
The prescription number or other unique identifier;
5.
Whether the prescription is new or a refill;
6.
The prescriber's DEA or National Provider Identifier (NPI) number;
7.
The National Drug Code (NDC) of the drug dispensed;
8.
The quantity and dosage of the drug dispensed; and
9.
An identifier for the patient to whom the drug was dispensed, including
but not limited to any one of the following:
C.
Waiver
Of Electronic Requirement. 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 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 transmission.
D.
Application
For Waiver Timing. 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.
E.
Extensions
Of Time. In the event unforeseen circumstances temporarily prevent
a dispenser (who has not received a waiver of the electronic submission
requirement) from transmitting dispensation information electronically,
the dispenser 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. The Director may renew such
extensions upon a showing of need by the dispenser when the Director
finds such an extension is warranted.
[Ord. No. 2715-18, 9-4-2018]
A.
Except when provided to persons or agencies authorized by this Chapter to receive such information, dispensation information submitted to the Director is confidential, considered a closed record and not subject to public disclosure except as provided by law. No person shall provide such information to any person or agency not authorized by this Chapter or the Director to receive it. A request for dispensation information made under Chapter 610 of the Revised Statutes of Missouri shall be referred to the City Attorney to ensure compliance with this Chapter.
B.
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 to receive dispensation information.
[Ord. No. 2715-18, 9-4-2018]
A.
Upon
a duly made request, the Director may provide dispensation information
and other data compiled in connection with a PDMP only to the following:
1.
Persons, whether in or out of the State of Missouri, who are authorized
to prescribe or dispense controlled substances, if the requesting
person demonstrates that the request is made for the purpose of providing
medical or pharmaceutical care for a patient;
2.
Persons who request their own dispensation information in accordance
with law;
3.
The Missouri State Board of Pharmacy;
4.
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 specific professional under the jurisdiction
of the State board. Only information related to the subject professional
shall be provided by the Director;
5.
Local, State, and Federal law enforcement or prosecutorial officials,
both in or outside of Missouri, who are engaged in the administration,
investigation, or enforcement of laws governing prescription drugs,
based on a specific case and under a subpoena issued pursuant to court
order;
6.
The MO HealthNet division of the Missouri Department of Social Services
regarding MO HealthNet program recipients; or
7.
A judge or other judicial officer under a subpoena issued pursuant
to court order.
B.
Statistics
And Education. The Director may provide dispensation information and
data to public or private entities for statistical or education purposes
after having de-identified such information in a manner reasonably
thought to be unusable to identify individual persons.
[Ord. No. 2715-18, 9-4-2018]
[Ord. No. 2715-18, 9-4-2018]
Nothing in this Chapter shall be construed or interpreted to
require a pharmacist or prescriber to obtain dispensation information
possessed or maintained by the St. Louis, Missouri, Health Department
or a consolidated PDMP.
[Ord. No. 2715-18, 9-4-2018]
Any person convicted of violating this Chapter shall be punished
by a fine of up to five hundred dollars ($500.00) per violation, up
to ninety (90) days in jail per violation, or both.
