HB 69 — Controlled Substances Prescription Database; access by certain representatives of a dentist authorized

HB69 INTRODUCEDENROLLED HB69 IB1FZZ6-1IB1FZZ6-2 By Representative McCampbell RFD:

30-Jan-24 Page 0 IB1FZZ6-1HB69 11/22/2023Enrolled MAPEnrolled, (L)maAn 2023-3460Act, 23 4Relating SYNOPSIS:to controlled substances;

Underto existingamend law,Section 20-2-214, Code of Alabama 1975, to allow the Controlled Substances Prescription Database mayto be accessed by,by among others, up to two employees of a licensed physiciandentist who may access the database on behalf of the physiciandentist who is approved by the Alabama Department of Public Health and who has authority to prescribe, dispense, or administer controlled substances.

This bill would allow the Controlled Substances Prescription Database to be accessed by up to two employees of a licensed dentist who may access the database on behalf of the dentist who is approved by the Alabama Department of Public Health and who has authority to prescribe, dispense, or administer controlled substances.

A BILL TO BE ENTITLED AN ACT Relating to controlled substances;

to amend Section 20-2-214, Code of Alabama 1975, to allow the Controlled Substances Prescription Database to be accessed by up to two employees of a licensed dentist who may access the database on Page 1 HB69 INTRODUCED behalf of the dentist who is approved by the Alabama Department of Public Health and who has authority to prescribe, dispense, or administer controlled substances.

The licensed practitioner's access Page 1 HB69 Enrolled shall be limited to information concerning himself or herself, registrants who possess a Qualified Alabama Controlled Substances Registration Certificate over whom the practitioner exercises physician supervision or with whom he or she has a joint practice agreement, a certified registered nurse practitioner and a certified nurse midwife with a Qualified Page 2 HB69 INTRODUCED Alabama Controlled Substances Registration Certificate over whom the practitioner exercises professional oversight and direction pursuant to an approved collaborative practice agreement, a current patient of the practitioner, and individuals seeking treatment from the practitioner.

(4)(5) A licensed certified registered nurse practitioner or a licensed certified nurse midwife approved by the department who is authorized to prescribe, administer, or Page 2 HB69 Enrolled dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate;

(5)(6) A licensed assistant to physician approved by Page 3 HB69 INTRODUCED the department who is authorized to prescribe, administer, or dispense pursuant to a Qualified Alabama Controlled Substances Registration Certificate;

provided, however, that access shall be limited to information concerning an 95 investigation of the cause and manner of death of an individual.

Pharmacists shall have no requirement or obligation to access or check the information Page 3 HB69 Enrolled in the controlled substances database prior to dispensing or administering medications or as part of their professional practices.

(8)(9) State and local law enforcement authorities as authorized under Section 20-2-91, and federal law enforcement authorities authorized to access prescription information upon Page 4 HB69 INTRODUCED application to the department accompanied by a declaration that probable cause exists for the use of the requested information.

(9)(10) Employees of the department and consultants 95 engaged by the department to operate the controlled substances database;

provided, however, that access shall be limited to inquiries concerning possible misuse or abuse of Page 4 HB69 Enrolled controlled substances by Medicaid recipients.

provided, however, that requests shall be limited to information concerning a licensee Page 5 HB69 INTRODUCED of the Board of Nursing who is the subject of an investigation or disciplinary activity.

(2) Release of information shall be made pursuant to a written data use agreement between the requesting individual Page 5 HB69 Enrolled or entity and the department." Section 2.

Page 6 HB69 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 22-Feb-24.

John Treadwell Clerk Senate 09-Apr-24 Passed Page 7