53-10-304 - Administrative attachment Controlled substance database Data requirements.
53-10-304. Administrative attachment Controlled substance database Data requirements.
(a) There is created within the department a controlled substance database to be attached administratively and for purposes of staffing to the board of pharmacy. The executive director of the board shall be responsible for determining staffing.
(b) The board and the committee shall establish, administer, maintain and direct the functioning of the database in accordance with this part. The board, upon concurrence of the committee, may, under state procurement laws, contract with another state agency or private entity to establish, operate, or maintain the database. Additionally, the board, upon concurrence of the committee, shall determine whether to operate the database within the board or contract with another entity to operate the database, based on an analysis of costs and benefits.
(c) The purpose of the database is to assist in research, statistical analysis and the education of health care practitioners concerning patients who, by virtue of their conduct in acquiring controlled substances, may require counseling or intervention for substance abuse, by collecting and maintaining data as described in this part regarding all controlled substances in Schedules II, III and IV dispensed in this state, and Schedule V controlled substances identified by the controlled substance database advisory committee as demonstrating a potential for abuse.
(d) The data required by this part shall be submitted in compliance with this part to the committee by any practitioner, or person under the supervision and control of the practitioner, pharmacist or pharmacy who dispenses a controlled substance contained in Schedules II, III and IV, and Schedule V controlled substances identified by the controlled substance database advisory committee as demonstrating a potential for abuse. The reporting requirement shall not apply for the following:
(1) A drug administered directly to a patient;
(2) Any drug dispensed by a licensed health care facility; provided, that the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of forty-eight (48) hours;
(3) Any drug sample dispensed; or
(4) Any facility that is registered by the United States drug enforcement administration as a narcotic treatment program and is subject to the recordkeeping provisions of 21 CFR 1304.24.
[Acts 2002, ch. 840, § 1; 2004, ch. 673, §§ 24, 25; 2007, ch. 518, § 3.]