§329-102 Central repository. (a) Except as provided in subsection (b), the transmittal of information under this section shall be made: through an electronic transmitting device that is compatible with the receiving device of the central repository; or by computer diskette, magnetic tape, or other appropriate electronic means that meets the specifications provided by rules of the designated state agency.
(b) The administrator may exempt individual dispensing entities from the electronic information reporting requirements of subsection (a) if:
(1) The imposition of the requirement would result in financial hardship for a particular pharmacy; and
(2) The pharmacy agrees to provide the information to the designated state agency through use of a pharmacy universal claim form.
(c) The administrator, in consultation with the state pharmacist membership organizations and applicable licensure boards, shall develop policies that account for the transmission of data fields in section 329-101 that include unintentional data errors. Data errors collected by the designated state agency shall be presumed to be accidental in nature, unless a pattern of transmission errors occurs as determined by the agency.
(d) The system shall provide for the maintenance of information collected in a central repository that meets the following requirements:
(1) The central repository shall be a data processing system maintained by, or under contract with, the designated state agency. The system shall be capable of aggregating and displaying the collected information in formats required by the designated state agency, including reports showing controlled substances by the:
(A) Practitioner's name, practice specialty and subspecialties, and identifying number or numbers as specified by the designated state agency, including the practitioner's Drug Enforcement Administration registration number;
(B) Pharmacy's name, National Association of Boards of Pharmacy number, and registration number;
(C) Patient's name, identification number, and date of birth; and
(D) Eight-digit national drug code number, frequency of use, quantity, number of refills, and whether new or refill prescription;
(2) The central repository shall provide the designated state agency with continual, twenty-four hour per day, on-line access to information;
(3) The central repository shall secure the information against access by unauthorized persons and shall be subject to review and oversight by the administrator or the administrator's designee, to ensure the security of the information and the system;
(4) If the central repository is not operated by the designated state agency, the vendor-repository:
(A) Shall provide information in response to the designated state agency's inquiries within twenty-four hours and shall provide routine reports on a regular schedule to be specified by the designated state agency; and
(B) Shall not withhold access to the collected information for any reason other than failure of the designated state agency to pay agreed fees and charges for the use of the central repository; and
(5) If the relationship between the designated state agency and the vendor-repository is terminated, the vendor-repository shall provide to the designated state agency within thirty days all collected information, the database maintained by the vendor-repository, and such software as is needed to access the information and the database.
(e) The administrator shall select the most overall cost-effective and efficient computerization system, and automatic data processing services and equipment, to ensure the successful implementation of the system. The administrator may enter into a contract with a vendor to implement the central repository. The repository may include an existing system, such as the State's medicaid management information system, or other existing computerization systems and automated data processing services available to the designated state agency.
(f) All prescriptions for controlled substances in schedules II through V and other substances of concern designated by the designated state agency that are processed by an out-of-state pharmacy shall conform to reporting and registration requirements adopted by the State, and to any additional rules the department adopts. [L 1996, c 268, pt of §2; am L 2008, c 186, §8; am L 2011, c 73, §5]