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ROBERT L. EHRLICH, JR., Governor . S.B. 333
21-2A-02.
(A) THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN, IN CONSULTATION
WITH THE BOARD, A PRESCRIPTION DRUG MONITORING PROGRAM THAT
ELECTRONICALLY COLLECTS AND STORES DATA CONCERNING MONITORED
PRESCRIPTION DRUGS.
(B) THE SECRETARY MAY:
(1) ASSIGN RESPONSIBILITY FOR THE OPERATION OF THE PROGRAM TO
ANY UNIT IN THE DEPARTMENT; AND
(2) CONTRACT WITH ANY QUALIFIED PERSON AS THE SECRETARY
DEEMS NECESSARY FOR THE EFFICIENT AND ECONOMICAL OPERATION OF THE
PROGRAM.
(C) THE SECRETARY, IN CONSULTATION WITH THE BOARD, SHALL ADOPT
REGULATIONS TO CARRY OUT THIS SUBTITLE.
(D) THE REGULATIONS ADOPTED BY THE SECRETARY SHALL:
(1) ASSIST HEALTH CARE PROVIDERS AND LAW ENFORCEMENT
PROFESSIONALS IN:
(I) THE IDENTIFICATION, TREATMENT, AND PREVENTION OF
PRESCRIPTION DRUG ABUSE; AND
(II) THE IDENTIFICATION AND INVESTIGATION OF UNLAWFUL
PRESCRIPTION DRUG DIVERSION;
(1) (2) PROMOTE A BALANCED USE OF PRESCRIPTION MONITORING
DATA TO ASSIST APPROPRIATE LAW ENFORCEMENT ACTIVITIES WHILE PRESERVING
THE PROFESSIONAL PRACTICE OF HEALTH CARE PROVIDERS AND THE ACCESS OF
PATIENTS TO OPTIMAL PHARMACEUTICAL CARE;
(2) (3) IDENTIFY THE CIRCUMSTANCES UNDER WHICH PRESCRIPTION
MONITORING DATA ARE PROVIDED TO AN AUTHORIZED RECIPIENT, WITH SUCH
CIRCUMSTANCES TO PARALLEL AS CLOSELY AS IS APPROPRIATE AN AUTHORIZED
RECIPIENT'S AUTHORITY TO ACCESS SIMILAR CONFIDENTIAL INFORMATION UNDER
CURRENT FEDERAL AND STATE LAWS AND REGULATIONS;
(3) (4) IDENTIFY THE CIRCUMSTANCES UNDER WHICH AN
AUTHORIZED RECIPIENT MAY DISCLOSE PRESCRIPTION MONITORING DATA
PROVIDED BY THE PROGRAM;
(4) (5) IDENTIFY THE CIRCUMSTANCES UNDER WHICH A FEDERAL
LAW ENFORCEMENT AGENCY, A STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR A
LICENSING ENTITY THAT HAS RECEIVED PRESCRIPTION MONITORING DATA SHALL
CONSULT WITH THE MULTIDISCIPLINARY CONSULTATION TEAM ESTABLISHED
UNDER § 21-2A-04 OF THIS SUBTITLE ABOUT THE INTERPRETATION OF THE
PRESCRIPTION MONITORING DATA;
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