36-2905.07. Recipients of pharmaceutical benefits; finger imaging program; program termination

A. Subject to legislative appropriation and available federal matching monies, the administration shall fully implement a point of service finger imaging program for all persons who receive pharmaceutical benefits pursuant to this chapter. The administration may expand this program to other system programs and services.

B. The program shall require that the recipient, or that person's designee, place that person's finger on a finger imaging reader device at the pharmacy and instantly have the person's finger image compared to the finger image record maintained by the administration. If a match occurs the program shall authorize the pharmacist to fill the prescription. If a match does not occur the program shall prescribe a procedure that the pharmacist must follow.

C. The administration shall provide pharmacies that participate in the program with a finger imaging point of service device.

D. The program shall require that pharmacies that participate in the program comply with rules adopted by the administration to implement the program.

E. The administration shall adopt rules to implement the program that, at a minimum:

1. Allow a person designated by a person who receives services pursuant to this chapter to use the designee's finger image to secure pharmaceuticals for the member.

2. Allow prescriptions to be filled on a temporary basis if finger images do not match.

3. Exempt persons whose participation in the program would create an undue hardship on them, their families or their caretakers.

4. Exempt pharmacies that do not have the computerized infrastructure to participate in the program.

F. The program established by this section ends on July 1, 2005 pursuant to section 41-3102.