§329-104  Confidentiality of information;disclosure of information.  (a)  The information collected under this partshall 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 toinformation in the system is vested in the administrator.  Access to theinformation collected at the central repository pursuant to this part shall beconfidential, and access to the information shall be limited to:

(1)  Personnel of the designated state agency; and

(2)  The Drug Enforcement Administration diversiongroup supervisor.

(c)  This section shall not prevent thedisclosure, at the discretion of the administrator, of investigativeinformation to:

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

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

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

(4)  Other state-authorized governmentalprescription-monitoring programs.

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

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

(e)  The designated state agency shall purge orcause to be purged from the central repository system, no later than threeyears after the date a patient’s prescription data are made available to thedesignated state agency, the identification number of the patient, unless theinformation is part of an active investigation. [L 1996, c 268, pt of §2; am L1999, 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).