Georgia’s New and Improved PDMP

Greg Reybold, J.D. VP Public Policy & Association Counsel Georgia Pharmacy Association

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 PDMP

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.

PDMP – HB 900  Takes effect July 1, 2016  Collaboration between GPhA, MAG, and GDNA  Consensus that this law needed revisions to increase use/effectiveness

PDMP – HB 900  This Bill was not a complete overhaul  Revisions were targeted  Much remains unchanged

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. § (b).

PDMP – HB 900  No delegation of duty to input.  No corresponding duty to input for physicians.

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 O.C.G.A

PDMP – HB 900  No change to drugs to which it applies – Schedule II, III, IV, or V. O.C.G.A  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 O.C.G.A

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 (c)

PDMP – HB 900 Delegation continued… O.C.G.A (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 statute

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 (c.1)

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 (c.1)

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 (c).

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 (e).

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 (b).

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 O.C.G.A

PDMP – HB 900  Identify other ways PDMP can be improved  Discussion  Questions/Comments

Greg Reybold, J.D. Visit GPhAconvention.com/grow to download materials from this and other presentations.