Amendment #1 to H4938

An Act relative to the prescription monitoring program

The committee on Bills in the Third Reading recommends that the bill be amended The committee on Bills in the Third Reading, to whom was referred the

Engrossed Bill relative to the prescription monitoring program (see House, No. 4938) being section 20 contained in the bill making appropriations for fiscal year 2018 to provide for supplementing certain existing appropriations and for certain other activities and projects (see House, No. 4930), which was returned by His Excellency the Governor pursuant to Article LVI with recommendation of amendment specified by him, (see Attachment A of House, No. 4941)

Reports recommending that the amendment recommended by His Excellency the Governor be considered in the following form:

By striking out all after the enacting clause and inserting in place thereof the following:-

“Subsection (f) of section 24A of chapter 94C, as appearing in section 44 of Chapter 208 of the acts of 2018, is hereby amended by striking out clauses (6) and (7) and inserting in place thereof the following 3 clauses:-

(6) personnel of the United States attorney, office of the attorney general or a district attorney; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug related investigation and accompanied by a probable cause warrant issued pursuant to chapter 276 or a civil investigative demand; or

(7) personnel of the Medicaid fraud control unit within the office of the attorney general or a district attorney, which shall be exempted from the probable cause warrant and civil investigative demand requirements in clauses 4 and 6; provided however, that the data request is made in connection with a bona fide specific controlled substance or additional drug related investigation of a practitioner, pharmacist, pharmacy, person required to be a registered participant by this chapter or any other provider subject to the jurisdiction of a Medicaid fraud control unit under federal law, including, but not limited to, 42 USC section 1396b, et. seq.

(8) personnel within the office of a district attorney, which shall be exempted from the probable cause warrant requirement in clauses 4 and 6, provided that the data request is made in connection with a bona fide investigation into the cause and manner of death of an individual suspected of a drug overdose.”

And that when so amended the same will be correctly drawn.