§ 4289. Standards and guidelines for health care providers and dispensers
(a) Each professional licensing authority for health care providers shall develop evidence-based standards to guide health care providers in the appropriate prescription of Schedules II, III, and IV controlled substances for treatment of chronic pain and for other medical conditions to be determined by the licensing authority. The standards developed by the licensing authorities shall be consistent with rules adopted by the Department of Health.
(b)(1) Each health care provider who prescribes any Schedule II, III, or IV controlled substances shall register with the VPMS by November 15, 2013.
(2) If the VPMS shows that a patient has filled a prescription for a controlled substance written by a health care provider who is not a registered user of VPMS, the Commissioner of Health shall notify the applicable licensing authority and the provider by mail of the provider's registration requirement pursuant to subdivision (1) of this subsection.
(3) The Commissioner of Health shall develop additional procedures to ensure that all health care providers who prescribe controlled substances are registered in compliance with subdivision (1) of this subsection.
(c) Each dispenser who dispenses any Schedule II, III, or IV controlled substances shall register with the VPMS.
Subsection (d) effective November 15, 2013.
(d) Health care providers shall query the VPMS with respect to an individual patient in the following circumstances:
(1) at least annually for patients who are receiving ongoing treatment with an opioid Schedule II, III, or IV controlled substance;
(2) when starting a patient on a Schedule II, III, or IV controlled substance for nonpalliative long-term pain therapy of 90 days or more;
(3) the first time the provider prescribes an opioid Schedule II, III, or IV controlled substance written to treat chronic pain; and
(4) prior to writing a replacement prescription for a Schedule II, III, or IV controlled substance pursuant to section 4290 of this title.
(e) The Commissioner of Health shall, after consultation with the Unified Pain Management System Advisory Council, adopt rules necessary to effect the purposes of this section. The Commissioner and the Council shall consider additional circumstances under which health care providers should be required to query the VPMS, including whether health care providers should be required to query the VPMS when a patient requests renewal of a prescription for an opioid Schedule II, III, or IV controlled substance written to treat acute pain.
(f) Each professional licensing authority for dispensers shall adopt standards, consistent with rules adopted by the Department of Health under this section, regarding the frequency and circumstances under which its respective licensees shall:
(1) query the VPMS; and
(2) report to the VPMS, which shall be no less than once every seven days.
(g) Each professional licensing authority for health care providers and dispensers shall consider the statutory requirements, rules, and standards adopted pursuant to this section in disciplinary proceedings when determining whether a licensee has complied with the applicable standard of care. (Added 2013, No. 75, § 11.)
§ 4290. Replacement prescriptions and medications
(a) As used in this section, "replacement prescription" means an unscheduled prescription request in the event that the document on which a patient's prescription was written or the patient's prescribed medication is reported to the prescriber as having been lost or stolen.
(b) When a patient or a patient's parent or guardian requests a replacement prescription for a Schedule II, III, or IV controlled substance, the patient's health care provider shall query the VPMS prior to writing the replacement prescription to determine whether the patient may be receiving more than a therapeutic dosage of the controlled substance.
(c) When a health care provider writes a replacement prescription pursuant to this section, the provider shall clearly indicate as much by writing the word "REPLACEMENT" on the face of the prescription. The health care provider shall document the writing of the replacement prescription in the patient's medical record. (Added 2013, No. 75, § 12, eff. Oct. 1, 2013.)
§ 4301. Food establishments; definitions
(a) As used in this subchapter:
(1) "Food" shall include all articles used for food, drink, confectionery, or condiment, by man, whether simple, mixed, or compound, and all substances and ingredients used in the preparation thereof.
(2) "Establishment" shall include all buildings, rooms, basements, cellars, lofts, or other premises or part thereof, used, occupied, or maintained for the purpose of manufacturing, preparing, packing, canning, bottling, keeping, storing, handling, serving, or distributing in any manner, food for sale.
(b) Nothing in this subchapter shall be construed to modify or affect laws or regulations of the agency of agriculture, food and markets. (Amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
§ 4302. General requirements
A person shall not manufacture, prepare, pack, can, bottle, keep, store, handle, serve, or distribute in any manner food for the purpose of sale, in an unclean, unsanitary, or unhealthful establishment or under unclean, unsanitary, or unhealthful conditions.
§ 4303. Special provisions
Subject to the provisions of this subchapter, an establishment shall be constructed, maintained, and operated with strict regard for the health of the employees and for the purity and wholesomeness of the food therein produced, kept, stored, handled, served, or distributed, so far as may be reasonable and necessary in the public interest and consistent with the character of the establishment, pursuant to the following general requirements:
(1) The entire establishment and its immediate appertaining premises, including the fixtures and furnishings, the machinery, apparatus, implements, utensils, receptacles, vehicles and other devices used in the production, keeping, storing, handling, serving, or distributing of the food, or the materials used in the food, shall be constructed, maintained, and operated in a clean, sanitary, and healthful manner;
(2) The food and the materials used in the food shall be protected from any foreign or injurious contamination which may render them unfit for human consumption;
(3) The clothing, habits, and conduct of the employees shall be conducive to and promote cleanliness, sanitation, and healthfulness;
(4) There shall be proper, suitable, and adequate toilets and lavatories, constructed, maintained, and operated in a clean, sanitary, and healthful manner;
(5) There shall be proper, suitable, and adequate light, ventilation, drainage, and plumbing.
§ 4304. Employees
An employer shall not require, permit, or suffer any person affected with any contagious, infectious, or other disease or physical ailment which may render such employment detrimental to the public health to work in such establishment, and a person so affected shall not work in any such establishment subject to the provisions of this subchapter.