City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
[Ord. No. 18.35, 7-19-2018]
There is hereby established a "City of Osage Beach. Missouri, Prescription Drug Monitoring Program" referred to herein as a "PDMP."
[Ord. No. 18.35, 7-19-2018]
As used in this Chapter, the following terms shall have the meanings indicated:
CITY ADMINISTRATOR
The City Administrator of the City Of Osage Beach or his or her designee.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I through V as set out in Chapter 195, RSMo.
DIRECTOR
The Administrator to the St. Louis County PDMP.
DISPENSER
A person who delivers a Schedule II, III, or IV controlled substance to a patient. Dispenser does not include, however:
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 such as a nurse or a physician or other authorized person who administers such a substance;
3. 
A wholesale distributor of a Schedule II, III, or IV controlled substance; or
4. 
Persons in the veterinary field licensed pursuant to Chapter 340, RSMo.
PATIENT
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 or her by such hospice program.
PDMP
Prescription Drug Monitoring 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 as set out in the Controlled Substances Act, 21 U.S.C. § 812.
[Ord. No. 18.35, 7-19-2018]
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 Osage Beach, Missouri.
B. 
The St. Louis County Health Department holds the contract with Apriss. The City of Osage Beach shall have a subscription to participate in the St. Louis County PDMP.
C. 
This Chapter gives authority for the St. Louis County Health Department to receive information from the City of Osage Beach 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. 18.35, 7-19-2018]
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 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:
a. 
The patient's driver's license number;
b. 
The patient's government-issued identification number;
c. 
The patient's insurance cardholder identification number; or
d. 
The patient's name, address, and date of birth.
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 (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 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. 18.35, 7-19-2018]
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. 18.35, 7-19-2018]
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. 18.35, 7-19-2018]
A. 
Absent lawful authority, no person shall knowingly access or disclose prescription or dispensation information maintained by the Director pursuant to the PDMP, or knowingly violate any other provision of the PDMP.
B. 
No person shall violate any provision of this Chapter.
[Ord. No. 18.35, 7-19-2018]
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. 18.35, 7-19-2018]
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.