(a) The Department shall establish and administer the Virgin Islands Prescription Drug Monitoring Program. Under the Program, the Department shall:(1) establish, maintain, and administer an electronic prescription drug monitoring database system to collect and store controlled substance dispensing information;(2) provide dispensers with a basic file layout to enable electronic transmission of the information required under this subchapter; and(3) establish and maintain a process for verifying the credentials of and authorizing the use of prescription information in the PDMD by those individuals and entities listed in sections 635d. and 635e.
(1) establish, maintain, and administer an electronic prescription drug monitoring database system to collect and store controlled substance dispensing information;
(2) provide dispensers with a basic file layout to enable electronic transmission of the information required under this subchapter; and
(3) establish and maintain a process for verifying the credentials of and authorizing the use of prescription information in the PDMD by those individuals and entities listed in sections 635d. and 635e.
(b) Each dispenser shall submit, by electronic means, information to the PDMD regarding each controlled substance dispensed that includes:(1) the dispenser’s identification number;(2) the date the prescription was filled;(3) the prescription number;(4) whether the prescription is new or is a refill;(5) the National Drug Code for the controlled substance that is dispensed;(6) the quantity of the controlled substance dispensed;(7) the number of days’ supply dispensed;(8) the number of refills ordered;(9) a patient identifier that is not a social security number or a driver’s license number;(10) the patient’s name;(11) the patient’s address;(12) the patient’s date of birth;(13) the patient’s gender;(14) the prescriber’s identification number;(15) the date the prescription was issued by the prescriber; and(16) the source of the payment for the prescription.
(1) the dispenser’s identification number;
(2) the date the prescription was filled;
(3) the prescription number;
(4) whether the prescription is new or is a refill;
(5) the National Drug Code for the controlled substance that is dispensed;
(6) the quantity of the controlled substance dispensed;
(7) the number of days’ supply dispensed;
(8) the number of refills ordered;
(9) a patient identifier that is not a social security number or a driver’s license number;
(10) the patient’s name;
(11) the patient’s address;
(12) the patient’s date of birth;
(13) the patient’s gender;
(14) the prescriber’s identification number;
(15) the date the prescription was issued by the prescriber; and
(16) the source of the payment for the prescription.
(c) Each dispenser shall submit the prescription information set forth in subsection (b) every 24 hours. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, the dispenser shall immediately notify the Department.
(d) The Department may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the Department. The waiver may permit the dispenser to submit prescription information to the Department by paper form or other means, provided all information required in subsection (b) is submitted in this alternative format and in accordance with the frequency requirements established in subsection (c). Requests for waivers must be submitted in writing to the Department.
(e) Except as required in subsection (f), a practitioner is encouraged to access or check the information in the PDMD before prescribing, dispensing, or administering medications.
(f) (1) Except as provided in paragraph (2), a practitioner shall consult the PDMD to review a patient’s controlled substance dispensing history every time when prescribing, dispensing, or administering an opioid from Schedule II or Schedule III or a benzodiazepine medication to a patient.(2) (A) Paragraph (1) does not apply to a prescriber or dispenser if the medication is prescribed or otherwise provided to a patient:(i) currently receiving hospice or palliative care;(ii) during an inpatient hospital admission or at discharge;(iii) in a nursing home or residential care facility that uses a sole source pharmacy; or(iv) at the scene of an emergency, in a licensed ground ambulance or in an air ambulance.(B) Paragraph (1) does not apply to situations in which the PDMD is not accessible due to technological or electrical failure.
(1) Except as provided in paragraph (2), a practitioner shall consult the PDMD to review a patient’s controlled substance dispensing history every time when prescribing, dispensing, or administering an opioid from Schedule II or Schedule III or a benzodiazepine medication to a patient.
(2) (A) Paragraph (1) does not apply to a prescriber or dispenser if the medication is prescribed or otherwise provided to a patient:(i) currently receiving hospice or palliative care;(ii) during an inpatient hospital admission or at discharge;(iii) in a nursing home or residential care facility that uses a sole source pharmacy; or(iv) at the scene of an emergency, in a licensed ground ambulance or in an air ambulance.(B) Paragraph (1) does not apply to situations in which the PDMD is not accessible due to technological or electrical failure.
(A) Paragraph (1) does not apply to a prescriber or dispenser if the medication is prescribed or otherwise provided to a patient:(i) currently receiving hospice or palliative care;(ii) during an inpatient hospital admission or at discharge;(iii) in a nursing home or residential care facility that uses a sole source pharmacy; or(iv) at the scene of an emergency, in a licensed ground ambulance or in an air ambulance.
(i) currently receiving hospice or palliative care;
(ii) during an inpatient hospital admission or at discharge;
(iii) in a nursing home or residential care facility that uses a sole source pharmacy; or
(iv) at the scene of an emergency, in a licensed ground ambulance or in an air ambulance.
(B) Paragraph (1) does not apply to situations in which the PDMD is not accessible due to technological or electrical failure.
(g) A prescriber who has reviewed information from the PDMD shall make or cause to be made a notation in the patient’s medical record stating the date and time upon which the inquiry was made and identifying the prescriber or designee’s name who made the search and review. If the PDMD does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual’s name.
(h) The Department may amend, by regulation, the exemptions listed in subsection (f)(2) upon a recommendation from the Committee and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship.
(i) A licensed oncologist shall check the PDMD when prescribing any drug listed in subsection (f)(1) to a patient on an initial malignant episodic diagnosis and every three months following the diagnosis while continuing treatment.
(j) A licensing board shall adopt regulations requiring practitioners who have the authority to prescribe, dispense, or administer medications to check the information in the PDMD as provided in subsection (f).
(k) The Department, by regulation, shall create a process for patients to address errors, inconsistencies, and other matters in their record, including cases of breach of privacy and security.
(l) The Department shall develop algorithms within the PDMD that alert a practitioner if the practitioner’s patient is being prescribed opioids by more than two practitioners within any thirty-day period.
(m) The Department shall purge prescription information from the PDMD after four years have clapsed from the date the prescription was dispensed.