NMBOP: 16.19.29 CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM Flashcards
“Audit trail information”
“Audit trail information” means any query based information resulting from an authorized prescription monitoring program user’s request for a prescription monitoring program report, which could include the user’s name, date and time of the query or other related information.
“Delegate”
“Delegate” means an individual authorized as an agent of a practitioner or pharmacist for the purpose of obtaining data from the PMP for review by the practitioner or pharmacist. The delegate must report directly to said practitioner or pharmacist and the practitioner or pharmacist shall be accountable for the delegate’s actions:
(1) a pharmacist’s delegate must be a certified pharmacy technician or a registered intern;
(2) a pharmacy technician or pharmacist intern may access information to the extent the information relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing any controlled substance or drug(s) of concern, or for the purposes of a pharmacist providing pharmaceutical care as defined in law.
“Dispenser”
“Dispenser” means the person who delivers a schedule II - V controlled substance or drug(s) of concern to the ultimate user, but does not include the following:
(1) a licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;
(2) a practitioner, or other authorized person who administers such a substance; or
(3) a practitioner who dispenses to the patient no more than 12 dosage units or 72 hours’ worth (whichever is less) of such a substance or;
(4) a wholesale distributor of a schedule II - V controlled substance or drug(s) of concern;
(5) clinics, urgent care or emergency departments dispensing to the patient no more than 12 dosage units or 72 hours’ worth (whichever is less) of such a substance or;
(6) a veterinarians or veterinary clinics dispensing to non-human patients.
“Drug of concern”
“Drug of concern” means a non-controlled dangerous drug that the Board has by rule determined to require dispenser PMP reporting of in the same manner as controlled substance prescription dispensing, when required reporting is expected to protect patients due to interaction of the drug of concern with controlled substances or other compelling issue. Gabapentin is a drug of concern, except when dispensed pursuant to a prescription issued by a veterinarian.
“PMP report”
“PMP report” means a compilation of data generated from the PMP concerning a patient, a dispenser, a practitioner, or a schedule II - V controlled substance or drug(s) of concern.
“Prescription monitoring program” (PMP)
“Prescription monitoring program” (PMP) means a program as described in 16.19.29.6 NMAC which includes a centralized system to collect, monitor, and analyze electronically, for schedules II - V controlled substances and drug(s) of concern, prescribing and dispensing data submitted by dispensers of which the data is to be used to support efforts in education, research, enforcement and abuse prevention.
Q: What substances are monitored under the mandatory reporting requirements to the PMP?
A: The board shall monitor the dispensing of all Schedule II - V controlled substances and drugs of concern by all dispensers licensed to dispense such substances to patients in this state.
Q: What information must each dispenser submit to the board?
A: Each dispenser must submit information regarding each prescription dispensed for drugs included under Schedule II - V or drugs of concern. This information includes:
1. Dispenser NPI number
2. Dispenser NCPDP number
3. Dispenser DEA number (unless no controlled substances are dispensed and dispenser has no DEA number)
4. Patient name
5. Patient address
6. Patient date of birth
7. Patient gender
8. Reporting status (new, revised, void)
9. Prescription number
10. Date prescription written
11. Refills authorized
12. Date prescription filled
13. Refill number
14. Product ID (NDC) + product ID qualifier
15. Quantity dispensed
16. Days’ supply
17. Drug dosage units
18. Transmission form of Rx origin
19. Payment type
20. Prescriber NPI number (except veterinarians)
21. Prescriber DEA number (unless prescriber is prescribing a drug of concern and has no DEA number)
Q: How should dispensers submit the required information?
A: Dispensers shall submit the information electronically by the methods and frequency established by the board, but must report within one business day of the prescription being filled.
Q: What should a dispenser do if no Schedule II - V controlled substances or drugs of concern were dispensed during an operating business day?
A: The dispenser must submit a “zero report” within one business day. The zero report must include:
1. Dispenser DEA number
2. Reporting start date
3. Reporting end date
Q: What authority does the PMP director have regarding submission schedules?
A: The PMP director has the authority to approve submission schedules that exceed one business day.
Q: How should corrections to information submitted to the PMP be addressed?
A: Corrections must be addressed as follows:
1. File upload or “outstanding uncorrected errors” must be managed as defined in the PMP data reporting manual.
2. Prescriptions that were not dispensed to the patient must be voided from the PMP.
3. Incorrect information in prescription records must be corrected in the PMP database within five business days once the dispenser is notified or becomes aware of the incorrect information.
Q: Is prescription information submitted to the board subject to the Inspection of the Public Records Act?
A: No, prescription information submitted to the board is not subject to the Inspection of the Public Records Act and shall be confidential except as provided in Subsections C through G of 16.19.29.9 NMAC.
Q: What measures does the board take to ensure the privacy and confidentiality of patients and their information in the PMP?
A: The board maintains procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained in the PMP is not disclosed except as provided in Subsections C through G of 16.19.29.9 NMAC.
Q: Who can board inspectors disclose prescription information to?
A: Board inspectors may review prescription information after receiving complaints and in the course of enforcing board-administered statutes and regulations.
