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ROBERT L. EHRLICH, JR., Governor S.B. 333
21-2A-07.
(A) THE DEPARTMENT AND ITS AGENTS AND EMPLOYEES ARE NOT SUBJECT
TO LIABILITY ARISING FROM:
(1) THE INACCURACY OF ANY INFORMATION SUBMITTED TO THE
PROGRAM IN ACCORDANCE WITH THIS SUBTITLE; AND
(2) THE UNAUTHORIZED USE OR DISCLOSURE OF PRESCRIPTION
MONITORING DATA PROVIDED TO AN AUTHORIZED RECIPIENT.
(B) AN AUTHORIZED RECIPIENT, ACTING IN GOOD FAITH, IS NOT SUBJECT TO
LIABILITY ARISING SOLELY FROM:
(1) REQUESTING OR RECEIVING, OR FAILING TO REQUEST OR RECEIVE,
PRESCRIPTION MONITORING DATA FROM THE PROGRAM; OR
(2) ACTING, OR FAILING TO ACT, ON THE BASIS OF PRESCRIPTION
MONITORING DATA PROVIDED BY THE PROGRAM FAILURE TO TAKE ACTION ON THE
BASIS OF PRESCRIPTION MONITORING DATA PROVIDED BY THE PROGRAM.
21-2A-08.
(A) THE PROGRAM, IN CONSULTATION WITH THE BOARD, SHALL DEVELOP
AND IMPLEMENT, OR CONTRACT WITH A VENDOR TO DEVELOP AND IMPLEMENT,
EDUCATION AND TRAINING COURSES RELATING TO THE PROGRAM.
(B) THE COURSES REQUIRED UNDER SUBSECTION (A) OF THIS SECTION MAY
RELATE TO:
(1) THE TRANSMISSION, ACCESS, AND USE OF PRESCRIPTION
MONITORING DATA;
(2) ISSUES ARISING IN PRESCRIBING AND DISPENSING MONITORED
PRESCRIPTION DRUGS; AND
(3) ISSUES CONCERNING IDENTIFYING AND TREATING SUBSTANCE
ABUSE AND ADDICTION; AND
(4) THE ROLE OF MONITORED PRESCRIPTION DRUGS IN THE
MANAGEMENT OF PAIN, INCLUDING THE DISTINCTION BETWEEN ADDICTION AND
PHYSICAL DEPENDENCE.
21-2A-09.
(A) A DISPENSER WHO KNOWINGLY FAILS TO SUBMIT PRESCRIPTION
MONITORING DATA TO THE PROGRAM AS REQUIRED UNDER THIS SUBTITLE SHALL
BE SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $500 FOR EACH FAILURE TO
SUBMIT REQUIRED INFORMATION.
(B) AN AUTHORIZED RECIPIENT WHO KNOWINGLY DISCLOSES OR USES
PRESCRIPTION MONITORING DATA IN VIOLATION OF THIS SUBTITLE SHALL BE
GUILTY OF A. MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $10,000 OR BOTH.
- 3029 -
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