§ 54.1-2523. Confidentiality of data; disclosure of information;discretionary authority of Director.
A. All data, records, and reports relating to the prescribing and dispensingof covered substances to recipients and any abstracts from such data,records, and reports that are in the possession of the PrescriptionMonitoring program pursuant to this chapter and any material relating to theoperation or security of the program shall be confidential and shall beexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.)pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director shall onlyhave discretion to disclose any such information as provided in subsections Band C.
B. Upon receiving a request for information in accordance with theDepartment's regulations and in compliance with applicable federal law andregulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipientor of a specific dispenser or prescriber to an agent designated by thesuperintendent of the Department of State Police to conduct drug diversioninvestigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation ofmisconduct by a specific person licensed, certified, or registered by or anapplicant for licensure, certification, or registration by a healthregulatory board; information relevant to a disciplinary proceeding before ahealth regulatory board or in any subsequent trial or appeal of an action orboard order to designated employees of the Department of Health Professions;or to designated persons operating the Health Practitioners' MonitoringProgram pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title.
3. Information relevant to the proceedings of any investigatory grand jury orspecial grand jury that has been properly impaneled in accordance with theprovisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.
4. Information relevant to a specific investigation of a specific dispenseror specific prescriber to an agent of the United States Drug EnforcementAdministration with authority to conduct drug diversion investigations.
C. In accordance with the Department's regulations and applicable federal lawand regulations, the Director may, in his discretion, disclose:
1. Information in the possession of the program concerning a recipient who isover the age of 18 to that recipient.
2. Information on a specific recipient to a prescriber, as defined in thischapter, for the purpose of establishing the treatment history of thespecific recipient when such recipient is either under care and treatment bythe prescriber or the prescriber is initiating treatment of such recipient.In a manner specified by the Director in regulation, notice shall be given topatients that information may be requested by the prescriber from thePrescription Monitoring Program.
3. Information on a specific recipient to a dispenser for the purpose ofestablishing a prescription history to assist the dispenser in determiningthe validity of a prescription in accordance with § 54.1-3303 when therecipient is seeking a covered substance from the dispenser or the facilityin which the dispenser practices. In a manner specified by the Director inregulation, notice shall be given to patients that information may berequested by the dispenser from the Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of aspecific dispenser or prescriber to other regulatory authorities concernedwith granting, limiting or denying licenses, certificates or registrations topractice a health profession when such regulatory authority licenses suchdispenser or prescriber or such dispenser or prescriber is seeking licensureby such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenseror prescriber who is a participating provider in the Virginia Medicaidprogram or information relevant to an investigation relating to a specificrecipient who is currently eligible for and receiving or who has beeneligible for and has received medical assistance services to the MedicaidFraud Control Unit of the Office of the Attorney General or to designatedemployees of the Department of Medical Assistance Services, as appropriate.
6. Information relevant to determination of the cause of death of a specificrecipient to the designated employees of the Office of the Chief MedicalExaminer.
7. Information for the purpose of bona fide research or education toqualified personnel; however, data elements that would reasonably identify aspecific recipient, prescriber, or dispenser shall be deleted or redactedfrom such information prior to disclosure. Further, release of theinformation shall only be made pursuant to a written agreement between suchqualified personnel and the Director in order to ensure compliance with thissubdivision.
D. The Director may enter into agreements for mutual exchange of informationamong prescription monitoring programs in other jurisdictions, which shallonly use the information for purposes allowed by this chapter.
E. This section shall not be construed to supersede the provisions of §54.1-3406 concerning the divulging of confidential records relating toinvestigative information.
F. Confidential information that has been received, maintained or developedby any board or disclosed by the board pursuant to subsection A shall not,under any circumstances, be available for discovery or court subpoena orintroduced into evidence in any medical malpractice suit or other action fordamages arising out of the provision of or failure to provide services.However, this subsection shall not be construed to inhibit any investigationor prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) ofChapter 7 of Title 18.2.
(2002, c. 481; 2004, c. 690; 2005, cc. 637, 678; 2009, cc. 158, 162, 472.)
§ 54.1-2523. Confidentiality of data; disclosure of information;discretionary authority of Director.
A. All data, records, and reports relating to the prescribing and dispensingof covered substances to recipients and any abstracts from such data,records, and reports that are in the possession of the PrescriptionMonitoring program pursuant to this chapter and any material relating to theoperation or security of the program shall be confidential and shall beexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.)pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director shall onlyhave discretion to disclose any such information as provided in subsections Band C.
B. Upon receiving a request for information in accordance with theDepartment's regulations and in compliance with applicable federal law andregulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipientor of a specific dispenser or prescriber to an agent designated by thesuperintendent of the Department of State Police to conduct drug diversioninvestigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation ofmisconduct by a specific person licensed, certified, or registered by or anapplicant for licensure, certification, or registration by a healthregulatory board; information relevant to a disciplinary proceeding before ahealth regulatory board or in any subsequent trial or appeal of an action orboard order to designated employees of the Department of Health Professions;or to designated persons operating the Health Practitioners' MonitoringProgram pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title.
3. Information relevant to the proceedings of any investigatory grand jury orspecial grand jury that has been properly impaneled in accordance with theprovisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.
4. Information relevant to a specific investigation of a specific dispenseror specific prescriber to an agent of the United States Drug EnforcementAdministration with authority to conduct drug diversion investigations.
C. In accordance with the Department's regulations and applicable federal lawand regulations, the Director may, in his discretion, disclose:
1. Information in the possession of the program concerning a recipient who isover the age of 18 to that recipient.
2. Information on a specific recipient to a prescriber, as defined in thischapter, for the purpose of establishing the treatment history of thespecific recipient when such recipient is either under care and treatment bythe prescriber or the prescriber is initiating treatment of such recipient.In a manner specified by the Director in regulation, notice shall be given topatients that information may be requested by the prescriber from thePrescription Monitoring Program.
3. Information on a specific recipient to a dispenser for the purpose ofestablishing a prescription history to assist the dispenser in determiningthe validity of a prescription in accordance with § 54.1-3303 when therecipient is seeking a covered substance from the dispenser or the facilityin which the dispenser practices. In a manner specified by the Director inregulation, notice shall be given to patients that information may berequested by the dispenser from the Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of aspecific dispenser or prescriber to other regulatory authorities concernedwith granting, limiting or denying licenses, certificates or registrations topractice a health profession when such regulatory authority licenses suchdispenser or prescriber or such dispenser or prescriber is seeking licensureby such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenseror prescriber who is a participating provider in the Virginia Medicaidprogram or information relevant to an investigation relating to a specificrecipient who is currently eligible for and receiving or who has beeneligible for and has received medical assistance services to the MedicaidFraud Control Unit of the Office of the Attorney General or to designatedemployees of the Department of Medical Assistance Services, as appropriate.
6. Information relevant to determination of the cause of death of a specificrecipient to the designated employees of the Office of the Chief MedicalExaminer.
7. Information for the purpose of bona fide research or education toqualified personnel; however, data elements that would reasonably identify aspecific recipient, prescriber, or dispenser shall be deleted or redactedfrom such information prior to disclosure. Further, release of theinformation shall only be made pursuant to a written agreement between suchqualified personnel and the Director in order to ensure compliance with thissubdivision.
D. The Director may enter into agreements for mutual exchange of informationamong prescription monitoring programs in other jurisdictions, which shallonly use the information for purposes allowed by this chapter.
E. This section shall not be construed to supersede the provisions of §54.1-3406 concerning the divulging of confidential records relating toinvestigative information.
F. Confidential information that has been received, maintained or developedby any board or disclosed by the board pursuant to subsection A shall not,under any circumstances, be available for discovery or court subpoena orintroduced into evidence in any medical malpractice suit or other action fordamages arising out of the provision of or failure to provide services.However, this subsection shall not be construed to inhibit any investigationor prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) ofChapter 7 of Title 18.2.
(2002, c. 481; 2004, c. 690; 2005, cc. 637, 678; 2009, cc. 158, 162, 472.)
§ 54.1-2523. Confidentiality of data; disclosure of information;discretionary authority of Director.
A. All data, records, and reports relating to the prescribing and dispensingof covered substances to recipients and any abstracts from such data,records, and reports that are in the possession of the PrescriptionMonitoring program pursuant to this chapter and any material relating to theoperation or security of the program shall be confidential and shall beexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.)pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director shall onlyhave discretion to disclose any such information as provided in subsections Band C.
B. Upon receiving a request for information in accordance with theDepartment's regulations and in compliance with applicable federal law andregulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipientor of a specific dispenser or prescriber to an agent designated by thesuperintendent of the Department of State Police to conduct drug diversioninvestigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation ofmisconduct by a specific person licensed, certified, or registered by or anapplicant for licensure, certification, or registration by a healthregulatory board; information relevant to a disciplinary proceeding before ahealth regulatory board or in any subsequent trial or appeal of an action orboard order to designated employees of the Department of Health Professions;or to designated persons operating the Health Practitioners' MonitoringProgram pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title.
3. Information relevant to the proceedings of any investigatory grand jury orspecial grand jury that has been properly impaneled in accordance with theprovisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.
4. Information relevant to a specific investigation of a specific dispenseror specific prescriber to an agent of the United States Drug EnforcementAdministration with authority to conduct drug diversion investigations.
C. In accordance with the Department's regulations and applicable federal lawand regulations, the Director may, in his discretion, disclose:
1. Information in the possession of the program concerning a recipient who isover the age of 18 to that recipient.
2. Information on a specific recipient to a prescriber, as defined in thischapter, for the purpose of establishing the treatment history of thespecific recipient when such recipient is either under care and treatment bythe prescriber or the prescriber is initiating treatment of such recipient.In a manner specified by the Director in regulation, notice shall be given topatients that information may be requested by the prescriber from thePrescription Monitoring Program.
3. Information on a specific recipient to a dispenser for the purpose ofestablishing a prescription history to assist the dispenser in determiningthe validity of a prescription in accordance with § 54.1-3303 when therecipient is seeking a covered substance from the dispenser or the facilityin which the dispenser practices. In a manner specified by the Director inregulation, notice shall be given to patients that information may berequested by the dispenser from the Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of aspecific dispenser or prescriber to other regulatory authorities concernedwith granting, limiting or denying licenses, certificates or registrations topractice a health profession when such regulatory authority licenses suchdispenser or prescriber or such dispenser or prescriber is seeking licensureby such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenseror prescriber who is a participating provider in the Virginia Medicaidprogram or information relevant to an investigation relating to a specificrecipient who is currently eligible for and receiving or who has beeneligible for and has received medical assistance services to the MedicaidFraud Control Unit of the Office of the Attorney General or to designatedemployees of the Department of Medical Assistance Services, as appropriate.
6. Information relevant to determination of the cause of death of a specificrecipient to the designated employees of the Office of the Chief MedicalExaminer.
7. Information for the purpose of bona fide research or education toqualified personnel; however, data elements that would reasonably identify aspecific recipient, prescriber, or dispenser shall be deleted or redactedfrom such information prior to disclosure. Further, release of theinformation shall only be made pursuant to a written agreement between suchqualified personnel and the Director in order to ensure compliance with thissubdivision.
D. The Director may enter into agreements for mutual exchange of informationamong prescription monitoring programs in other jurisdictions, which shallonly use the information for purposes allowed by this chapter.
E. This section shall not be construed to supersede the provisions of §54.1-3406 concerning the divulging of confidential records relating toinvestigative information.
F. Confidential information that has been received, maintained or developedby any board or disclosed by the board pursuant to subsection A shall not,under any circumstances, be available for discovery or court subpoena orintroduced into evidence in any medical malpractice suit or other action fordamages arising out of the provision of or failure to provide services.However, this subsection shall not be construed to inhibit any investigationor prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) ofChapter 7 of Title 18.2.
(2002, c. 481; 2004, c. 690; 2005, cc. 637, 678; 2009, cc. 158, 162, 472.)
