Nevada 2019 Regular Session Status: Enacted

AB 49 — Revises provisions relating to the monitoring of prescriptions for controlled substances. (BDR 40-420)

Last action — Approved by the Governor. Chapter 31.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to controlled substances; requiring the Chief Medical Officer to upload certain information relating to a drug overdose to the computerized program to track certain prescriptions for controlled substances; requiring the program to allow the upload of such information to the extent of available money; revising requirements concerning the uploading of certain information to the program; authorizing certain action against practitioners and licensing boards who commit certain violations relating to the program; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

417 added · 426 removed

417 line(s) added, 426 removed.

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A.B.
Assembly Bill No.
49 A SSEMBLY B ILLN O.
49–Committee on Health and Human Services CHAPTER..........
49–COMMITTEE ON H EALTH AND H UMAN SERVICES (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 16, 2018 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to the monitoring of prescriptions for controlled substances.
(BDR 40-420) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance listed in registered practitioner.
Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a registered pharmacy or dispensed by a registered practitioner.
(NRS 453.162) Existing law also requires a provider ofby a health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose to report that fact to the Chief Medical Officer or his or her designee.
(NRS 453.162) Existing law also requires a provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose to report that fact to the Chief include such information reported by providers of health care concerning drug to overdoses in the database of the program, sections 1 and 2 of this bill require the Chief Medical Officer or a designee thereof to upload such information to the database of the program.
To the extent that money is available to include such information reported by providers of health care concerning drug overdoses in the database of the program, sections 1 and 2 of this bill require the database of the program.
Existing law requires a law enforcement officer who has probable cause to believe that a violation of chapter 453 of NRS involving a prescription for a controlled substance is occurring or has occurred or receives a report of a stolen prescription for a controlled substance to report certain information to his or her receives such a report to upload that information to the database of the program.
a designee thereof to upload such information to the - *AB49* – 2 – Existing law requires a law enforcement officer who has probable cause to believe that a violation of chapter 453 of NRS involving a prescription for a prescription for a controlled substance to report certain information to his or her employer.
(NRS 453.1635) Section 3 of this bill replaces those requirements with a requirement that a law enforcement agency which arrests a person for a violation of chapter 453 of NRS involving a prescription for a controlled substance or receives a report of a stolen prescription for a controlled substance must upload to the database of the program the information prescribed by regulation of the Board.
Existing law also requires an employer of a law enforcement officer who receives such a report to upload that information to the database of the program.
Section 3 also abolishes a requirement that a coroner, medical examiner or deputy thereof must upload to the database of the program certain information concerning a peExisting law requires the Board to provide Internet access to the database of the program to:
(NRS 453.1635) Section 3 of this bill replaces those requirements with a requirement that a law enforcement agency which arrests a person for a violation of chapter 453 of NRS involving a prescription for a controlled substance or receives a database of the program the information prescribed by regulation of the Board.
(1) certain occupational licensing boards for the purposes of investigating information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance;
Section 3 also abolishes a requirement that a coroner, medical examiner or deputy thereof must upload to the database of the program certain information concerning a person who dies as the result of using a prescribed controlled substance.
Existing law requires the Board to provide Internet access to the database of the program to:
(1) certain occupational licensing boards for the purposes of otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance;
Section 6 of this bill authorizes the practitioner who violates certain requirements concerning the program.
Section 6 of this bill authorizes the - 80th Session (2019) – 2 – Board to suspend or revoke the registration to dispense controlled substances of a practitioner who violates certain requirements concerning the program.
Violationsa for which section 6 authorizes such suspension or revocation include failure to:
Violations for which section 6 authorizes such suspension or revocation include failure to:
(1) comply with requirements relating to the program;
(1) report from the program before issuing certain prescriptions.
or (2) obtain a patient utilization report from the program before issuing certain prescriptions.
(NRS 639.23507)lization Section 2 of this bill makes a conforming change.
(NRS 639.23507) Section 2 of this bill makes a conforming change.
EXPLANATION – Matter in bolded italics is new;
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
Section 1.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
The Chief Medical Officer or his or - *AB49* – 3 – her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.
The Chief Medical Officer or his or her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.
5.
- 80th Session (2019) – 3 – 5.
The Board and the Division shall cooperatively develop a computerized program to track each prescription for a by a pharmacy that is registered with the Board or that is dispensedled by a practitioner who is registered with the Board.
The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a pharmacy that is registered with the Board or that is dispensed must:practitioner who is registered with the Board.
The program mus(a) Be designed to provide information regarding:
The program (a) Be designed to provide information regarding:
- *AB49* – 4 – (d) Include the contact information of each person who is required to access the database of the program pursuant to subsection 7 of NRS 453.164, including, without limitation:
(d) Include the contact information of each person who is subsection 7 of NRS 453.164, including, without limitation:
(2) Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III, IV or V;
- 80th Session (2019) – 4 – (2) Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III, IV or V;
(f)(1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose.
(f) To the extent that money is available, include:
(1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose.
The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information - *AB49* – 5 – pursuant to this section and NRS 453.163 to 453.1645, inclusive, if a good faith effort is made to comply with applicable laws and regulations.
The Board, the Division and each employee thereof are the collection, maintenance and transmission of informationating to pursuant to this section and NRS 453.163 to 453.1645, inclusive, if a good faith effort is made to comply with applicable laws and regulations.
(a) Encounters a situation in which the law enforcement officer has probable cause to believe that] agency arrests a person for a violation of this chapter involving a prescription for a controlled substance [is occurring or has occurred;
(a) Encounters a situation in which the law enforcement officer has probable cause to believe that] agency arrests a person for a - 80th Session (2019) – 5 – violation of this chapter involving a prescription for a controlled substance [is occurring or has occurred;
[A coroner, medical examiner or deputy thereof who, as the result of an investigation into the cause of a death determines that a person died as the result of using a prescribed controlled substance, shall:
[A coroner, medical examiner or deputy thereof who, as the person died as the result of using a prescribed controlled substance,a shall:
to the database of the computerized program developed pursuant toess NRS 453.162, upload the information required by subsection 3 as soo(b) If the coroner, medical examiner or deputy thereof does not have access to the database of the computerized program developed pursuant to NRS 453.162, report the information to a coroner, medical examiner or deputy thereof who has such access.
(a) If the coroner, medical examiner or deputy thereof has access to the database of the computerized program developed pursuant to NRS 453.162, upload the information required by subsection 3 as soon as practicable;
or (b) If the coroner, medical examiner or deputy thereof does not have access to the database of the computerized program developed pursuant to NRS 453.162, report the information to a coroner, medical examiner or deputy thereof who has such access.
or (3) Filed the report of a stolen prescription for a controlled substance.
or substance.
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(b) The name of the person to whom the controlled substance involved in an event described in subsection 1 or 2 is or was prescribed.
Filed the report of a stolen prescription for a controlled (b) The name of the person to whom the controlled substance involved in an event described in subsection 1 or 2 is or was prescribed.
- *AB49* – 6 – (c) If a prescription container for the controlled substance is found in the vicinity of the location of an event described in paragraph (a) of subsection 1 or subsection 2 or if a prescription for a controlled substance is reported stolen:
(c) If a prescription container for the controlled substance is found in the vicinity of the location of an event described in paragraph (a) of subsection 1 or subsection 2 or if a prescription for a controlled substance is reported stolen:
4.
- 80th Session (2019) – 6 – 4.
The employer of a] A law enforcement [officer or a coroner, medical examiner or deputy thereof] agency shall ensure that only a person who is authorized to access the database of the program pursuant to NRS 453.1645 or 453.165 uploads [such] information [.
The employer of a] A law enforcement [officer or a coroner, medical examiner or deputy thereof] agency shall ensure that only a pursuant to NRS 453.1645 or 453.165 uploads [such] information [.
If [an employer of] a law enforcement [officer] agency determines that uploading any information to the database of the program pursuant to subsection [4] 1 will interfere with an active uploading such information until after the conclusion of the investigation.
If [an employer of] a law enforcement [officer] agency determines that uploading any information to the database of the program pursuant to subsection [4] 1 will interfere with an active criminal investigation, the [employer] agency may postpone uploading such information until after the conclusion of the investigation.
enforcement officer and each coroner, medical examiner andlaw deputy] agency and each employee thereof who makes a good faith effort to comply with this section, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to this section.
[6.] 4.
Each law enforcement [officer or employer of a law enforcement officer and each coroner, medical examiner and deputy] agency and each employee thereof who makes a good faith effort to comply with this section, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to this section.
453.164 1.
subsection, the Board shall provide Internet access to the database of the program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III, IV or V.
[The] Except as otherwise provided in this subsection, the Board shall provide Internet access to the database of the program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III, IV or V.
An occupational licensing board that is provided access to the database pursuant to this section may access the database to investigate a complaint, report or other information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance.
An occupational licensing board that is provided access to the database pursuant to this section may access the database to investigate a - *AB49* – 7 – complaint, report or other information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance.
2.
- 80th Session (2019) – 7 – 2.
(a) Indicate fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
(a) Indicate fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of occupational licensing board and provide the law enforcementency or agency or occupational licensing board with the relevant information obtained from the program for further investigation.
[The] Except as otherwise provided in subsection 1, the occupational licensing board may access the database of the program established prescribing the controlled substance to the patient.
[The] Except as otherwise provided in subsection 1, the occupational licensing board may access the database of the program established pursuant to NRS 453.162 to determine which practitioners are prescribing the controlled substance to the patient.
The occupational licensing board may use this information for any purpose it deems patient may be fraudulently obtaining a controlled substance orer that a determining whether a practitioner is engaged in unlawful or unprofessional conduct.
The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct.
The Board or Division may withhold any report required by subsection 3 if the Board determines that doing so is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.
The Board or Division may withhold any report required by subsection 3 if the Board determines that doing so is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or controlled substance.te prescribing, dispensing or use of a 5.
5.
The Board and the Division shall cooperatively develop a course of training for persons who are required or authorized to receive access to the database of the program pursuant to subsection or NRS 453.1645 and 453.165 and require each such person to complete the course of training before the person is provided with Internet access to the database.
The Board and the Division shall cooperatively develop a course of training for persons who are required or authorized to receive access to the database of the program pursuant to subsection 7 or NRS 453.1645 and 453.165 and require each such person to complete the course of training before the person is provided with Internet access to the database.
Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III, IV or V for human consumption shall - *AB49* – 8 – complete the course of instruction described in subsection 5.
Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III, IV or V for human consumption shall complete the course of instruction described in subsection 5.
7.
- 80th Session (2019) – 8 – 7.
and (b) Verify to the Board that he or she continues to have access to and has accessed the database as required by this subsection.
and and has accessed the database as required by this subsection.ccess to 8.
8.
or 9.) UIf the Board, the Division or a law enforcement agencyion.
or (b) Upon the lawful order of a court of competent jurisdiction.
determines that the database of the program has been intentionally NRS 453.162 to 453.165, inclusive, the Board, Division or law to enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.
9.
If the Board, the Division or a law enforcement agency determines that the database of the program has been intentionally accessed by a person or for a purpose not authorized pursuant to NRS 453.162 to 453.165, inclusive, the Board, Division or law enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.
453.1645 1.
Board shall allow:ept as otherwise provided in this section, the (a) A coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if the coroner or medical examiner has completed the course of training developed pursuant to subsection 5 of NRS 453.164.
Except as otherwise provided in this section, the Board shall allow:
(a) A coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if the coroner or medical examiner has completed the course of training developed pursuant to subsection 5 of NRS 453.164.
and - *AB49* – 9 – (2) The coroner or medical examiner who employs the deputy has submitted the certification required pursuant to subsection 2 to the Board.
and - 80th Session (2019) – 9 – (2) The coroner or medical examiner who employs the deputy has submitted the certification required pursuant to subsection 2 to the Board.
3.
accesses the database of the computerized program pursuant to this section, the coroner, medical examiner or deputy thereof must enter a unique user name assigned to the coroner, medical examiner or deputy thereof and, if applicable, the case number corresponding to the investigation being conducted by the coroner, medical examiner or deputy thereof.
When a coroner, medical examiner or deputy thereof accesses the database of the computerized program pursuant to this section, the coroner, medical examiner or deputy thereof must enter a unique user name assigned to the coroner, medical examiner or deputy thereof and, if applicable, the case number corresponding to the investigation being conducted by the coroner, medical examiner or deputy thereof.
The Board or the Division may suspend or terminate access if a coroner, medical examiner or deputy thereof violates anysection provision of this section.
The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a coroner, medical examiner or deputy thereof violates any provision of this section.
Sec.
6.
NRS 453.236 is hereby amended to read as follows:
The Board may suspend or revoke a registration pursuant to NRS 453.231 to dispense a controlled substance upon a finding that the registrant has:
The Board may suspend or revoke a registration pursuant to NRS 453.231 to dispense a controlled substance upon a fin(a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;
(a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;
2.
- 80th Session (2019) – 10 – 2.
- *AB49* – 10 – 3.
3.
No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.
No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, proceeds of the sale with the court.
When a revocation becomes final, the court may order the controlled substances forfeited to the State.
When a revocation becomese final, the court may order the controlled substances forfeited to the State.
The Board may recover costs it incurred in seizing, controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled registrant’s successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.
The Board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled registrant’s successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.
1.
- 80th Session (2019) – 11 – 1.
Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
Upon passage and approval for the purpose of adopting any tasks that are necessary to carry out the provisions of this act;
H - *AB49*
~~~~~ 19 - 80th Session (2019)
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Action History

  1. Approved by the Governor. Chapter 31.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 18, Nays: 3.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  8. Read third time. Passed. Title approved. (Yeas: 30, Nays: 11, Excused: 1.) To Senate.

  9. Read second time.

  10. From committee: Do pass.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Assembly Committee on Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

What does AB 49 do?
AN ACT relating to controlled substances; requiring the Chief Medical Officer to upload certain information relating to a drug overdose to the computerized program to track certain prescriptions for controlled substances; requiring the program to allow the upload of such information to the extent of available money; revising requirements concerning the uploading of certain information to the program; authorizing certain action against practitioners and licensing boards who commit certain violations relating to the program; and providing other matters properly relating thereto.
Who sponsors AB 49?
AB 49 is sponsored by Assembly Committee on Health and Human Services.
What is the current status of AB 49?
This bill has been enacted into law. Introduced November 16, 2018. Enacted.
Where can I track AB 49?
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