A BILL TO BE ENTITLED
AN ACT to require prescribers and dispensers to review information in the controlled substances reporting system prior to prescribing or dispensing a controlled substance to a patient and to make a violation of that requirement a criminal offense.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5E of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑113.74A.  Mandatory use of controlled substances reporting system.
(a)	Each person authorized to prescribe or dispense a controlled substance for the purpose of providing medical or pharmaceutical care for a patient shall, prior to prescribing or dispensing a controlled substance, review all information pertaining to the patient in the controlled substances reporting system for the preceding 12‑month period to determine if the prescription is medically necessary and appropriate. This section does not apply to an emergency situation in which immediate action is necessary to preserve the life or health of a patient.
(b)	The Commission may adopt rules as necessary to implement this section.
(c)	Any person who violates this section is guilty of a Class 1 misdemeanor; provided, however, that if the criminal pleading alleges that the violation was committed intentionally and upon trial it is specifically found that the violation was committed intentionally, the person is guilty of a Class I felony."
SECTION 2.  This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.