§ 20-7-601. Title
This subchapter shall be known and may be cited as the “Prescription Drug Monitoring Program Act”.
§ 20-7-602. Purpose
The purpose of this subchapter is to protect the state health system and the citizens of Arkansas by: (1) Enhancing patient care by providing prescription monitoring information that will ensure legitimate use of controlled substances in health care, including palliative care, research, and other medical pharmacological uses; (2) Helping curtail the misuse and abuse of […]
§ 20-7-603. Definitions
As used in this subchapter: (1) (A) “Arkansas Medicaid prescription drug program” means the prescription drug program that is a portion of the Title XIX Medicaid program for the State of Arkansas. (B) The Arkansas Medicaid prescription drug program includes any entity contracted with the Arkansas Medicaid prescription drug program and to which the Arkansas […]
§ 20-7-604. Requirements for Prescription Drug Monitoring Program
(a) The State Board of Health shall create the Prescription Drug Monitoring Program upon the Department of Health’s procuring adequate funding to establish the program. (b) (1) Each dispenser shall submit to the department information regarding each controlled substance dispensed. (2) A dispenser located outside Arkansas and licensed and registered by the Arkansas State Board […]
§ 20-7-605. Prescription Drug Monitoring Program Advisory Committee — Creation — Members
(a) The Prescription Drug Monitoring Program Advisory Committee shall be created by the State Board of Health upon the Department of Health’s procuring adequate funding to establish the Prescription Drug Monitoring Program. (b) The mission of the committee is to consult with and advise the department on matters related to the establishment, maintenance, operation, and […]
§ 20-7-606. Confidentiality
(a) Prescription information submitted to the Department of Health under this subchapter is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) (1) The controlled substances database created in this subchapter and all information contained in the controlled substances database and any records maintained by the Department […]
§ 20-7-607. Providing prescription monitoring information
(a) (1) (A) (i) The Department of Health shall review the Prescription Drug Monitoring Program information, including without limitation a review to identify information that appears to indicate whether a person is obtaining prescriptions in a manner that may represent misuse or abuse of controlled substances based on prescribing criteria determined by the Secretary of […]
§ 20-7-608. Information exchange with other prescription drug monitoring programs
(a) The Department of Health may provide prescription monitoring information to federal prescription drug monitoring programs or other states’ prescription drug monitoring programs, and the information may be used by those programs consistent with this subchapter. (b) The department may request and receive prescription monitoring information from federal prescription drug monitoring programs or other states’ […]
§ 20-7-609. Authority to contract
(a) The Department of Health may contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the Prescription Drug Monitoring Program. (b) A contractor shall be bound to comply with the provisions regarding confidentiality of prescription information as outlined in this subchapter and shall be […]
§ 20-7-610. Authority to seek funding
(a) The Department of Health may make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the Prescription Drug Monitoring Program. (b) A fee shall not be levied against practitioners for the purpose of funding or complying with the Prescription Drug Monitoring Program.
§ 20-7-611. Unlawful acts and penalties
(a) (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under this subchapter. (2) A violation of subdivision (a)(1) of this section is a Class B misdemeanor. (b) (1) It is unlawful for a dispenser to purposely submit fraudulent prescription information. (2) A violation of subdivision (b)(1) […]
§ 20-7-612. Privacy rights protected
This subchapter does not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States Constitution or the Arkansas Constitution other than to the extent provided in this subchapter.
§ 20-7-613. Rules
The State Board of Health shall adopt rules to implement this subchapter.
§ 20-7-614. Effective date
(a) The Prescription Drug Monitoring Program shall become operational March 1, 2013, if full funding is available under § 20-7-610. (b) The Secretary of the Department of Health may suspend operation of the program if adequate funding under § 20-7-610 ceases.
§ 20-7-615. Prescriber with a prescription drug violation
(a) A prescriber who has been found by his or her licensing board to be in violation of a rule or law involving prescription drugs shall be required by the appropriate licensing board to register with the Prescription Drug Monitoring Program and access patient information before writing a prescription for an opioid. (b) The licensing […]