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H.B. 1287 VETOES
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(3) THE DATE OF DISPENSING;
(4) THE QUANTITY DISPENSED;
(5) THE PRESCRIBER; AND
(6) THE PHARMACY FROM WHICH THE DRUG IS DISPENSED; AND
(7) THE PRESCRIBER'S DIAGNOSIS CODE, IF SUCH CODE IS PART OF THE
ELECTRONIC RECORD CREATED BY THE DISPENSER.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A DISPENSER
SHALL SUBMIT PRESCRIPTION MONITORING DATA TO THE PROGRAM BY
ELECTRONIC SUBMISSION.
(C) THE PROGRAM, FOR GOOD CAUSE SHOWN, MAY AUTHORIZE A DISPENSER
TO:
(1) SUBMIT PRESCRIPTION MONITORING DATA BY AN ALTERNATIVE
FORM OF SUBMISSION; OR
(2) OMIT ONE OR MORE ELEMENTS OF PRESCRIPTION MONITORING
DATA.
(D) THE BOARD AND THE SECRETARY MAY NOT CHARGE A FEE OR IMPOSE AN
ASSESSMENT ON A HOSPITAL, DISPENSER, OR PRESCRIBER FOR:
(1) THE ESTABLISHMENT, MAINTENANCE, OR ADMINISTRATION OF THE
PROGRAM; OR
(2) THE TRANSMISSION OF INFORMATION TO OR FROM THE PROGRAM.
21-2A-06.
(A) PRESCRIPTION MONITORING DATA:
(1) ARE CONFIDENTIAL AND PRIVILEGED, AND NOT SUBJECT TO
DISCOVERY, SUBPOENA, OR OTHER MEANS OF LEGAL COMPULSION IN CIVIL
LITIGATION;
(2) ARE NOT PUBLIC RECORD RECORDS; AND
(3) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS SECTION
OR AS OTHERWISE PROVIDED BY LAW, MAY NOT BE DISCLOSED TO ANY PERSON.
(B) THE PROGRAM MAY, IN ACCORDANCE WITH REGULATION, DISCLOSE
PRESCRIPTION MONITORING DATA TO AN AUTHORIZED RECIPIENT:
(1) IN CONNECTION WITH THE MEDICAL CARE OF A PATIENT;
(2) IN CONNECTION WITH THE DISPENSING OF A MONITORED
PRESCRIPTION DRUG; OR
(3) FOR THE PURPOSE OF FURTHERING AN EXISTING BONA FIDE
INDIVIDUAL INVESTIGATION.
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- 3828 -
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