3.__Report of fraudulent or illegal activity.__The board or department may report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with relevant information obtained from the program for further investigation.

4.__Disclosure of information.__Notwithstanding any other provision of law and except as provided in this section, information obtained from the program relating to a practitioner or a patient may not be disclosed to any person.__The board must disclose such information:

A.__Upon the request of a person about whom the information requested concerns or upon the request of that person's legal representative; or

B.__Upon a lawful order of a court.

5.__Gifts, grants and donations.__The department and the board may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program.__ Any funds received by the department or the board to assist, develop or maintain the program must be deposited in the Controlled Substances Prescription Monitoring and Intervention Program Fund under Title 10, section 8003, subsection 6-A.

Sec. 3. Start-up and operation funding; report. The Commissioner of Professional and Financial Regulation shall report back to the joint standing committee having jurisdiction over business and economic development matters by January 2, 2003 with recommendations for funding the start-up and ongoing operational costs of the controlled substances prescription monitoring and intervention program pursuant to the Maine Revised Statutes, Title 32, section 13724. The report must include any proposed fee assessments and the amount of the proposed fees. Additionally, the report must include draft legislation necessary to implement the program. The joint standing committee of the Legislature having jurisdiction over business and economic development matters may report out legislation on the subject matter of this report to the First Regular Session of the 121st Legislature.

SUMMARY

This bill proposes the establishment of a controlled substances prescription monitoring and intervention program. The computerized program will be developed by the Department of Professional and Financial Regulation and the Maine Board of Pharmacy for the board to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the board. The bill also establishes a fund within the department to be administered by the department for the purpose of funding the implementation and ongoing costs associated with the program. Finally, the bill requires the department to report back to the joint standing committee having jurisdiction over business and economic development matters its recommendations for funding the program along with implementing legislation by January 2, 2003.