AN ACT CONCERNING THE PRACTICE OF PHARMACY.

This bill (1) allows the commissioners of consumer protection and public health to exchange certain information with each other and law enforcement agencies, (2) increases the consumer protection commissioner's power to discipline controlled substance registrants, and (3) allows certain businesses that are not licensed pharmacies to use “pharmacy,” “drug,” and similar words in signs and advertisements.

This bill allows the commissioners of consumer protection and public health to exchange (1) information relating to a license or registration issued by their departments with each other and (2) investigative information relating to violations of the Pharmacy Practice Act with each other, the chief state's attorney, and agencies that enforce federal pharmacy or drug laws or those of other states and jurisdictions.

They may do so notwithstanding the laws prohibiting (1) both the departments and the Pharmacy Commission from disclosing information obtained through inspections, filed reports, or other authorized means if disclosure would identify individuals or institution unless doing so would benefit public health and (2) federal, state, county, and municipal law enforcement officers and third party payers who know prescriptions, orders, and records required by the law on dependency-producing drugs from divulging their knowledge except in connection with a civil suit or criminal prosecution in court or before a licensing or registration board or officer. Further, they may exchange information without complying with state law on personal data. The pertinent part of this law requires most state and municipal agencies that maintain a personal data system to keep a complete record concerning each person, of every individual, agency or organization that has obtained access to, or to whom disclosure has been made, of personal data and the reason for each disclosure or access. These records must be made available to a person on request. For this purpose, “personal data” is information about a person's education, finances, medical or emotional condition or history, employment or business history, family or personal relationships, and reputation that can be readily associated with a particular person (CGS § 4-190).

The bill increases the consumer protection commissioner's powers to discipline medical practitioners who have controlled substance registrations and expands the grounds on which the penalties may be imposed. For this purpose, the law defines a “practitioner” as (1) a physician, dentist, veterinarian, podiatrist, optometrist, licensed physician assistant, advanced practice registered nurse, nurse-midwife, scientific investigator, or another person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with or administer a controlled substance or (2) a hospital or other institution permitted to distribute, dispense, conduct research with or administer a controlled substance. Practitioners must register with the Department of Consumer Protection (DCP) (CGS § 21a-316).

The bill authorizes the DCP commissioner to place a registrant on probation, place conditions on the registration, and impose a civil penalty of up to $ 1,000 per violation. The law already allows the commissioner to suspend, revoke, or refuse to renew a controlled substance registration.

The bill allows the DCP commissioner to take disciplinary action for (1) conviction of any crime related to drugs of the registrant's profession and fraudulent practices, including fraudulent billing practices, not just conviction of a felony related to controlled substances; (2) violation of a condition placed on a practitioner's registration concerning the prescription, distribution, administration, or dispensing of a controlled substance; and (3) failure to keep records of medical evaluations and all controlled substances dispensed, administered, or prescribed to patients.

Current law prohibits stores that are not licensed pharmacies from using the words “drug store,” “pharmacy,” “apothecary,” “drug,” “drugs,” “medicine shop,” or other words or symbols that indicate that the store is a licensed pharmacy. The bill creates an exception for businesses that provide pharmacy-related services to pharmacies or medical practitioners and that do not provide services, drugs, or medical services to the public.

Under current law, the commissioner may discipline a registrant for (1) providing false or fraudulent information in a registration application; (2) conviction of a felony relating to a controlled substance; (3) failure to maintain effective controls against diversion of controlled substances; (4) suspension, revocation, expiration, or surrender of the practitioner's federal controlled substance registration; (5) prescribing, distributing, administering, or dispensing a controlled substance in schedules other than those specified in the practitioner's state or federal registration; (6) the restriction, suspension, revocation, or limitation of a professional license or certificate; (7) abuse or excessive use of drugs; (8) possession, use, prescription for use, or distribution of controlled substance or legend drugs, except for therapeutic or other proper medical or scientific purpose; and (9) failure to account for the disposition of controlled substances as determined by an audit of the practitioner's records.

Controlled substances are grouped in Schedules I through V, according to their decreasing tendency to promote abuse or dependency. Schedule I substances are the most strictly controlled because of their high potential for abuse. State and federal laws authorize prescribing drugs in Schedules II through V; most Schedule I drugs do not have any approved medical use.

Yea

Nay

(02/27/2007)