Section 7253 - Prescribers and dispensers required to check prescription monitoring information1. Prescribers. On or after January 1, 2017, upon initial prescription of a benzodiazepine or an opioid medication to a person and every 90 days for as long as that prescription is renewed, a prescriber shall check prescription monitoring information for records related to that person. [2015, c. 488, §9(NEW).]
2.Dispensers. A dispenser shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication to a person under any of the following circumstances: A. The person is not a resident of this State; [2015, c. 488, §9(NEW).]B. The prescription is from a prescriber with an address outside of this State; [2015, c. 488, §9(NEW).]C. The person is paying cash when the person has prescription insurance on file; or [2015, c. 488, §9(NEW).]D. According to the pharmacy prescription record, the person has not had a prescription for a benzodiazepine or an opioid medication in the previous 12-month period. [2015, c. 488, §9(NEW).] A dispenser shall withhold a prescription until the dispenser is able to contact the prescriber of that prescription if the dispenser has reason to believe that the prescription is fraudulent or duplicative.
[2017, c. 360, §6(AMD).]
2-A.Dispensers who are veterinarians. Notwithstanding subsection 2, a dispenser who is a veterinarian licensed under Title 32, chapter 71-A shall check prescription monitoring information prior to dispensing a benzodiazepine or an opioid medication for an animal except in circumstances described in subsection 3, paragraph C. [2017, c. 360, §7(NEW).]
3.Exceptions. The requirements to check prescription monitoring information established in this section do not apply:A. When a licensed or certified health care professional directly orders or administers a benzodiazepine or an opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure; [2017, c. 360, §8(AMD).]B. When a licensed or certified health care professional directly orders, prescribes or administers a benzodiazepine or an opioid medication to a person suffering from pain associated with end-of-life or hospice care; or [2017, c. 360, §8(AMD).]C. When a veterinarian licensed under Title 32, chapter 71-A is providing care to an animal in a mobile or emergency setting or is dispensing a benzodiazepine or an opioid medication in an amount to be used during a period of 48 hours or less after the benzodiazepine or opioid medication is dispensed. [2017, c. 360, §8(NEW).] [2017, c. 360, §8(AMD).]
4.Violation. A person who violates this section commits a civil violation for which a fine of $250 per incident, not to exceed $5,000 per calendar year, may be adjudged. [2015, c. 488, §9(NEW).]
5.Rulemaking.[2017, c. 213, §10(RP).]
Amended by 2018, c. 360,§ 8, eff. 8/1/2018.Amended by 2018, c. 360,§ 7, eff. 8/1/2018.Amended by 2018, c. 360,§ 6, eff. 8/1/2018.Amended by 2017, c. 213,§ 8 to § 10, eff. 6/16/2017.Amended by 2017, c. 122,§ 1, eff. 11/1/2017.Added by 2016, c. 488,§ 9, eff. 7/29/2016.