§329-104  Confidentiality of information;
disclosure of information.  (a)  The information collected under this part
shall not be available to the public or used for any commercial purpose. 
Ownership of all data collected shall reside with the State.



(b)  Responsibility for limiting access to
information in the system is vested in the administrator.  Access to the
information collected at the central repository pursuant to this part shall be
confidential, and access to the information shall be limited to:



(1)  Personnel of the designated state agency; and



(2)  The Drug Enforcement Administration diversion
group supervisor.



(c)  This section shall not prevent the
disclosure, at the discretion of the administrator, of investigative
information to:



(1)  Law enforcement officers, investigative agents of
federal, state, or county law enforcement agencies, prosecuting attorneys, or
the attorney general; provided that the administrator has reasonable grounds to
believe that the disclosure of any information collected under this part is in
furtherance of an ongoing criminal investigation or prosecution;



(2)  Registrants authorized under chapters 448, 453,
and 463E who are registered to administer, prescribe, or dispense controlled
substances; provided that the information disclosed relates only to the
registrant's own patient;



(3)  Pharmacists, employed by a pharmacy registered
under section 329-32, who request prescription information about a customer
relating to a violation or possible violation of this chapter; or



(4)  Other state-authorized governmental
prescription-monitoring programs.



Information disclosed to a registrant, pharmacist,
or authorized government agency under this section shall be transmitted by a
secure means determined by the designated agency.



(d)  No person shall knowingly disclose or
attempt to disclose, or use or attempt to use, information in the system in
violation of this section.  Any person who violates this section is guilty of a
class C felony.



(e)  The designated state agency shall purge or
cause to be purged from the central repository system, no later than three
years after the date a patient’s prescription data are made available to the
designated state agency, the identification number of the patient, unless the
information is part of an active investigation. [L 1996, c 268, pt of §2; am L
1999, c 145, §1; am L 2001, c 162, §1; am L 2006, c 69, §6; am L 2009, c 11, §42]



 



Note



 



  The 2009 amendment is retroactive to April 3, 2008.  L 2009,
c 11, §76(2).