Amendment #34 to H4725

MassPAT PreManage Emergency Department

Ms. Malia of Boston moves to amend the bill by striking out SECTION 39, in lines 439-447, and inserting in place thereof the following section:

“SECTION 39. Said section 24A of said chapter 94C, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) The department may provide data from the prescription monitoring program to practitioners in accordance with this section; provided, however, that practitioners shall be able  to access the data directly through a secure electronic medical record or other similar secure software or information systems that enables automated query and retrieval of prescription monitoring program data to a practitioner. This data may be used for the purpose of diagnosis, treatment and coordinating care to the practitioners’ patients only, unless otherwise permitted by this section.  Any such secure software or information system must identify the registered participant on whose behalf the prescription monitoring program was accessed.  The department may enter into data use agreements to allow summary prescription monitoring program data to be securely retained in the patient’s medical record as a clinical note associated with a clinical encounter; provided, however, that prescription monitoring program data shall not be retained separately from said clinical note; and provided further, that no such agreement shall allow for prescription monitoring program data to be used for purposes inconsistent with this section.”

And moves to amend the bill further by striking out SECTION 40, in lines 448-455, and inserting in place thereof the following section:

“SECTION 40. Said section 24A of said chapter 94C, as so appearing, is hereby further amended by adding the following subsection:- (m) The department may enter into agreements to permit health care facilities to integrate secure software or information systems into their electronic medical records for the purpose of using prescription monitoring program data to perform data analysis, compilation, or visualization, for purposes of diagnosis, treatment and coordinating care of the practitioner’s patient. Any such secure software or information system shall be bound to comply with requirements established by the department to ensure the security and confidentiality of any data transferred.”