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H.B. 1287 VETOES
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(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;
(5) (6) PROMOTE APPROPRIATE AND REAL-TIME, IF FEASIBLE, ACCESS
TO PRESCRIPTION MONITORING DATA BY DISPENSERS AND PRESCRIBERS TO HELP
PREVENT SUBSTANCE ABUSE AND PRESCRIPTION DRUG DIVERSION;
(6) IDENTIFY THE MECHANISM BY WHICH A PRESCRIPTION DRUG IS
IDENTIFIED AS A DRUG OF CONCERN;
(7) REQUIRE THE BOARD TO APPLY FOR FEDERAL GRANT MONEY, AS
APPROPRIATE;
(7) (8) ENSURE THAT THE PROGRAM IS DESIGNED TO:
(I) MINIMIZE PREVENT, TO THE FULLEST EXTENT POSSIBLE, THE
BURDEN ON DISPENSERS IN THEIR COMPLIANCE WITH THE REQUIREMENTS OF THIS
SUBTITLE; AND
(II) PROMOTE SUBMISSION OF RECEIVE PRESCRIPTION
MONITORING DATA IN A MANNER COMPATIBLE WITH EXISTING DATA SUBMISSION
PRACTICES OF DISPENSERS; AND
(8) (9) ENSURE, TO THE FULLEST EXTENT POSSIBLE, THAT PATIENT
CONFIDENTIALITY IS PROTECTED ENSURE THAT:
(I) CONFIDENTIAL OR PRIVILEGED PATIENT INFORMATION IS
KEPT CONFIDENTIAL; AND
(II) RECORDS OR INFORMATION PROTECTED BY THE PRIVILEGE
BETWEEN A HEALTH CARE PROVIDER AND A PATIENT, OR OTHERWISE REQUIRED BY
- 3824 -
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