Rep. Fishbein Testifies in Favor of Stronger Opiate Laws

In further efforts to reduce opiate abuse statewide, State Representative Craig Fishbein (R-90) this week testified in favor of strengthening current state law to hold opiate prescribers accountable for improper record keeping with regard to distribution of controlled substances.

Under Public Act 13-172, passed in 2013, the state’s Prescription Drug Monitoring Program (PMP) requires weekly “prescription information reporting by out-of-state pharmacies that ship, mail, or deliver prescription drugs into the state and any other drug dispensing practitioner.” Practitioners are defined as “certain medical professionals, researchers, pharmacies, hospitals, and other people or institutions permitted to dispense drugs in the course of professional practice or research.” These statistics are used by the Department of Consumer Protection (DCP) to collect prescription information to prevent improper or illegal drug use. Unfortunately, not all prescribers are following the law.

HB 5241 – An Act Establishing Fines For Violations of The Electronic Prescription Drug Monitoring Program – would add provisions to current state law to provide for fines or potential loss of license for those prescribers who do not comply with the law requiring notification and accountability for drugs they prescribe.

“The legislature took strong steps in 2013 to enhance accountability for prescribers of potentially dangerous prescriptions in an effort to reduce, restrict and eliminate misuse of these powerful drugs,” Rep. Fishbein said. “Unfortunately, these laws are not always being properly followed, but the proposed legislation would strengthen that important program and allow the state to hold those who openly defy the law accountable for their inaction.”

In 2016, three years after the initial legislation went into effect, the Department of Consumer Protection, along with the Director of Drug Control, PMP and MMP Program Directors, reported that about 40% of prescribers were participating in the PMP and only 38% of pharmacists were registered for the program.  More than half of all prescribers do not document their prescriptions according to the law, and yet there are apparently few methods of recourse for their lack of cooperation.

“This clear hesitance and resistance to utilize a program that would significantly alter the over-distribution of dangerous drugs is counter-productive to what we as legislators and our community leaders are trying to accomplish in reducing the number of deaths due to opioid drug overdoses.” Rep. Fishbein said.