36-2604

36-2604. Use and release of confidential
information

A. Except as otherwise provided in this section, prescription information submitted
to the board pursuant to this article is confidential and is not subject to public
inspection. The board shall establish procedures to ensure the privacy and
confidentiality of patients and that patient information that is collected, recorded and
transmitted pursuant to this article is not disclosed except as prescribed in this
section.

B. The board or its designee shall review the prescription information collected
pursuant to this article. If the board or its designee has reason to believe an act of
unprofessional or illegal conduct has occurred, the board or its designee shall notify
the appropriate professional licensing board or law enforcement or criminal justice
agency and provide the prescription information required for an investigation.

C. The board may release data collected by the program to the following:

1. A person who is authorized to prescribe or dispense a controlled substance to
assist that person to provide medical or pharmaceutical care to a patient or to evaluate
a patient.

2. An individual who requests the individual's own prescription monitoring
information pursuant to section 12-2293.

3. A professional licensing board established pursuant to title 32, chapter 7, 11,
13, 14, 15, 16, 17, 18, 21, 25 or 29. Except as required pursuant to subsection B of this
section, the board shall provide this information only if the requesting board states in
writing that the information is necessary for an open investigation or complaint.

4. A local, state or federal law enforcement or criminal justice agency. Except as
required pursuant to subsection B of this section, the board shall provide this
information only if the requesting agency states in writing that the information is
necessary for an open investigation or complaint.

5. The Arizona health care cost containment system administration regarding persons
who are receiving services pursuant to chapter 29 of this title. Except as required
pursuant to subsection B of this section, the board shall provide this information only
if the administration states in writing that the information is necessary for an open
investigation or complaint.

6. A person serving a lawful order of a court of competent jurisdiction.

D. The board may provide data to public or private entities for statistical,
research or educational purposes after removing information that could be used to
identify individual patients or persons who received prescriptions from dispensers.