35 Pa. Stat. § 872.6

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 872.6 - Establishment of program
(a)General rule.--The board shall establish and oversee the program. The department shall administer the program by performing budgetary, accounting, procurement and other support services as directed by the board.
(b) Program components.-- The program shall:
(1) Provide an electronic system of controlled substances prescribed and dispensed in this Commonwealth.
(2) Be easily accessible by prescribers, dispensers and patients.
(3) Provide an accessible website where a patient may electronically request or download a form to request a copy of the patient's program record.
(4) Provide training and support for those using the system.
(5) Contain processes for prescribers to refer patients to substance abuse treatment.
(c)System queries.--The program shall maintain a record of system queries that contains all of the following:
(1) The identity of each person who requests or receives information from the system.
(2) The information provided to each person who requests or receives information from the system.
(3) The date and time the information is requested and provided.
(d)Record retention.--The board shall remove from the system all identifying information more than seven years old from the date of collection. The information shall be destroyed unless a law enforcement agency or a professional licensing or certification agency or board for prescribers or dispensers has submitted a written request to the department for retention of specific information for cause. The information may be kept for an additional period of one year and all requests shall comply with procedures adopted by the board. The department may not grant more than two extensions regarding the retention of the same identified specific information unless required to do so by court order.
(e)Good cause exception.--The program shall contain a good cause exception for dispensers and prescribers who are unable to submit the required data electronically and shall allow for the manual submission of data if the dispenser or prescriber does not have Internet access.
(f)Expiration.--Current pharmacy reporting requirements to the Attorney General shall expire and shall no longer be enforceable upon the full implementation of the program. Any data that has been reported to the Office of Attorney General pursuant to 28 Pa. Code§ 25.131 (relating to every dispensing practitioner) that satisfies the retention requirements of subsection (d) shall be transferred to the program.

35 P.S. § 872.6

Added by P.L. TBD 2014 No. 191, § 6, eff. 6/30/2015.