State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-85_36

§ 90‑85.36. Availability of pharmacy records.

(a)        Except as provided in subsections (b) and (c) below, writtenprescription orders on file in a pharmacy or other place where prescriptionsare dispensed are not public records and any person having custody of or accessto the prescription orders may divulge the contents or provide a copy only tothe following persons:

(1)        An adult patient for whom the prescription was issued or aperson who is legally appointed guardian of that person;

(2)        An emancipated minor patient for whom the prescription orderwas issued or a person who is the legally appointed guardian of that patient;

(3)        An unemancipated minor patient for whom the prescriptionorder was issued when the minor's consent is sufficient to authorize treatmentof the condition for which the prescription was issued;

(4)        A parent or person in loco parentis of an unemancipatedminor patient for whom the prescription order was issued when the minor'sconsent is not sufficient to authorize treatment for the condition for whichthe prescription is issued;

(5)        The licensed practitioner who issued the prescription;

(6)        The licensed practitioner who is treating the patient forwhom the prescription was issued;

(7)        A pharmacist who is providing pharmacy services to thepatient for whom the prescription was issued;

(8)        Anyone who presents a written authorization for the releaseof pharmacy information signed by the patient or his legal representative;

(9)        Any person authorized by subpoena, court order or statute;

(10)      Any firm, association, partnership, business trust,corporation or company charged by law or by contract with the responsibility ofproviding for or paying for medical care for the patient for whom theprescription order was issued;

(11)      A member or designated employee of the Board;

(12)      The executor, administrator or spouse of a deceased patientfor whom the prescription order was issued;

(13)      Researchers and surveyors who have approval from the Board.The Board shall issue this approval when it determines that there are adequatesafeguards to protect the confidentiality of the information contained in theprescription orders and that the researchers or surveyors will not publiclydisclose any information that identifies any person; or

(14)      The person owning the pharmacy or his authorized agent.

(b)        A pharmacist may disclose any information to any person onlywhen he reasonably determines that the disclosure is necessary to protect thelife or health of any person.

(c)        Records required to be kept by G.S. 90‑93(d) (ScheduleV) are not public records and shall be disclosed at the pharmacist'sdiscretion. (1905, c. 108, s.21; Rev., s. 4490; C.S., s. 6666; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1991,c. 125, s. 3.)