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| 1.__Confidentiality.__Except as provided in this section, | | prescription monitoring information submitted to the department | | is confidential and is not a public record as defined in Title | | 1, section 402, subsection 3. |
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| | | 2.__Review of information.__The department shall review the | | prescription monitoring information. If the department has a | | reasonable suspicion that a violation of law, administrative | | rule or professional standards by any person may have | | occurred, the department shall notify the prescriber, the | | dispenser and the applicable professional licensing entity and | | provide all relevant prescription monitoring information to | | those persons and entities. |
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| | | 3.__Permissible disclosure of information.__The department | | may provide prescription monitoring information for public | | research, policy or education purposes as long as all | | information reasonably likely to reveal the patient or other | | person who is the subject of the information has been removed. |
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| | | 4.__Access to information. The following persons may access | | prescription monitoring information: |
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| | | A.__A prescriber, insofar as the information relates to a | | patient under the prescriber's care; |
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| | | B.__A dispenser, insofar as the information relates to a | | customer of the dispenser seeking to have a prescription | | filled; |
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| | | C.__The executive director, or a board investigator as | | designated by each board, of the state boards of licensure | | of podiatric medicine, dentistry, pharmacy, medicine, | | osteopathy, veterinary, nursing or other boards | | representing health care disciplines whose licensees are | | prescribers, as required for an investigation; |
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| | | D.__A patient to whom a prescription is written, insofar | | as the information relates to that patient; and |
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| | | E.__Department personnel or personnel of any vendor or | | contractor, as necessary for establishing and maintaining | | the system. |
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| | | §13826.__Unlawful acts and penalties |
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| | | 1.__Failure to submit information.__A dispenser who | | knowingly fails to submit prescription monitoring information | | to the department as required by this subchapter is subject to |
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