§353G-13  Reporting and implementation;substance abuse treatment monitoring program.  (a)  Every assessmentprogram, treatment program, correctional center or facility, and parole agencythat provides services pursuant to this chapter or that otherwise supervises aperson or issues an order pursuant to this chapter shall keep case-specificrecords and aggregate data and statistics as may be required by the departmentof health and which shall be required by the statewide substance abusetreatment monitoring program under section 321-192.5.  The department of publicsafety shall collect data in accordance with section 321-192.5 from anyassessment program, treatment program, treatment provider, correctional centeror facility, and parole agency that provides substance abuse treatment topersons served through public funds administered by the department of publicsafety.  The department of public safety shall implement sufficient protectionsto ensure that the identity of a recipient of substance abuse treatmentservices remains strictly confidential and that aggregate data collectedpursuant to this section is used solely for the purpose of this section.

This subsection shall not be construed toabrogate an individual's right to privacy.

(b)  The department of public safety shallinclude in the contract with any treatment provider all criteria established bythe department of health pursuant to section 321-192.5 to determine whether thetreatment provider is achieving success in treating individuals with substanceabuse.

(c)  The department of public safety, inconjunction with the department of health, shall report on an annual basis tothe legislature and to the governor, its findings concerning the need for andimplementation of the various provisions of this chapter.  The report shallinclude information collected under subsection (a) and a synopsis ofinformation or data necessary to determine the impact, utility, andcost-benefits of the provisions of this chapter.

(d)  The department of public safety, inconjunction with the department of health, shall establish an advisory boardthat shall be comprised of judges, prosecutors, defense attorneys, adultprobation officials, parole officials, correctional officials, representativesof assessment programs and treatment programs, and individuals working inlicensed alcohol and other drug abuse treatment facilities who are pastconsumers of treatment services.  The advisory board shall meet periodically todiscuss the provisions, implementation, and evaluation of this chapter, and tomake recommendations to the department of health.

(e)  Except as provided in this chapter, alldata, information, or records kept or compiled pursuant to this section shallbe deemed to be government records for the purposes of chapter 92F. [L 1998, c152, pt of §2; am L 2004, c 40, §27]