Georgia’s New and Improved PDMP - PowerPoint Presentation

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Georgia’s New and Improved PDMPSlide2

Greg Reybold, J.D.

VP Public Policy & Association Counsel

Georgia Pharmacy AssociationSlide3

Learning Objectives

Explain the purpose and importance of Georgia’s Prescription Drug Monitoring Program

Understand Georgia pharmacists’ obligations under the law

Identify key changes made Georgia’s PDMP law as recently reconfigured

Discuss remaining shortcomings to Georgia’s PDMPSlide4

Disclosure

I do not have (nor does any immediate family member have) actual or potential conflict of interest, within the last twelve months; a vested interest in or affiliation with any corporate organization offering

financial support or grant monies

for this continuing education activity; or any affiliation with an organization whose philosophy could potentially bias my presentation.

Attending this presentation, or using the information it contains does not create an attorney-client relationship. No information provided should be construed to constitute legal advice. If you have questions about these or other legal issues please contact an attorney.Slide5

PDMP – HB 900

Takes effect July 1, 2016

Collaboration between

GPhA

, MAG, and GDNA

Consensus that this law needed revisions to increase use/effectivenessSlide6

PDMP – HB 900

This Bill was not a complete overhaul

Revisions were targeted

Much remains unchangedSlide7

PDMP – HB 900

Unchanged

Duty of dispensers to input

Each dispenser shall submit the prescription information required in subsection (a) of this Code section in accordance with transmission methods and frequency requirements established by the agency on at least a weekly basis and shall report, at a minimum, such prescription information no later than ten days after the prescription is dispensed. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the board and agency. O.C.G.A. § 16-13-59(b).Slide8

PDMP – HB 900

No delegation of duty to input.

No corresponding duty to input for physicians.Slide9

PDMP – HB 900

No duty to obtain information from PDMP system for pharmacists or providers

Nothing in this part shall require a dispenser or prescriber to obtain information about a patient from the program established pursuant to this part. A dispenser or prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic data base established pursuant to Code Section 16-13-57. O.C.G.A. 16-13-63.Slide10

PDMP – HB 900

No change to drugs to which it applies – Schedule II, III, IV, or V. O.C.G.A. 16-13-63.

Exception: does not apply to any drug, substance, or immediate precursor classified as an exempt over the counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accordance with Code Section 16-13-29-2. O.C.G.A. 16-13-65.Slide11

PDMP – HB 900

Changes

Delegation of retrieval & review to identify misuse/abuse/underutilization

Any person who is a member of providers staff “licensed, registered or certified” by BOP or MCB

Pharmacists _ technicians

Physicians - PAs

As mentioned above, it does not contemplate delegation of inputting information. O.C.G.A. 16-13-60(c)Slide12

PDMP – HB 900

Delegation continued… O.C.G.A. 16-13-60(c)

Delegating prescribers and dispensers held responsible for the use of information and data by their delegates.

Information/reports retrieved and reviewed by delegates shall be maintained in a secure and confidential manner as required in statuteSlide13

PDMP – HB 900

Dispensers and prescribers can:

Communicate concerns about a patient’s potential misuse, abuse, or underutilization of a controlled substance with other prescribers and dispensers that are involved in the patient’s health care

Report potential violations of this article to GDNA for review or investigation. O.C.G.A. 16-13-60(c.1)Slide14

PDMP – HB 900

Following review or investigation GDNA may:

Refer instances of a patient’s possible person misuse or abuse of controlled substances to the patient’s primary prescriber to allow for potential intervention and impairment treatment;

Refer probable violations of controlled substances being acquired for illegal distribution, and not solely for a patient’s personal use, to the appropriate authorities for further investigation and potential prosecution; or

Refer probable regulatory violations by prescribers or dispensers to the regulatory board governing such person. O.C.G.A. 16-13-60(c.1)Slide15

PDMP – HB 900

GDNA can also provide to…

Local, state and federal authorities and prosecutorial officials pursuant to search warrant; Georgia Composite Medical Board or any other state regulatory board governing prescribers or dispensers in this state, or the Department of Community Health for purposes of the state Medicaid program, or CMS upon the issuance of a subpoena. O.C.G.A. 16-13-60(c).Slide16

PDMP – HB 900

GDNA cannot access or allow others to access identifying prescription info after two years.

Period was previously limited to one year. O.C.G.A. 16-13-59(e).Slide17

PDMP – HB 900

Illegal use & access of data

Even though info is confidential agency may access prescription information as a part of an investigation into suspected or reported abuses or regarding illegal access of the data. Such information may be used in the prosecution of an offender who has illegally obtained prescription information. O.C.G.A 16-13-50(b).Slide18

PDMP – HB 900

Protections

Nothing in this part shall create a private cause of action against a prescriber or dispenser.

A dispenser or prescriber acting in good faith shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property for receiving or using information from the electronic data base established pursuant to Code Section 16-13-57. O.C.G.A. 16-13-63.Slide19

PDMP – HB 900

Identify other ways PDMP can be improved

Discussion

Questions/CommentsSlide20

Greg Reybold, J.D.

greybold@gpha.org

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GPhAconvention.com/grow

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