Reporting, disclosure, and practitioner review requirements under the prescription drug monitoring program; providing an exemption from emergency rule procedures; and granting rule-making authority. (FE)

Under current law, the rules promulgated by the board implementing the PDMP must specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur, including disclosure to relevant state boards and agencies, relevant agencies of other states, and relevant law enforcement agencies under circumstances indicating suspicious or critically dangerous conduct or practices of a pharmacy, pharmacist, practitioner, or patient.

The bill adds disclosure to relevant prosecutorial units, and the bill specifies that disclosure of a record generated under the PDMP is authorized under the following additional circumstances:

1. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is engaged in an active and specific investigation or prosecution of a violation of any state or federal law involving a monitored prescription drug, and the record being requested is reasonably related to that investigation or prosecution.

2. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is monitoring the patient as part of a drug court.

The bill further permits disclosure to a practitioner, pharmacist, registered nurse, or substance abuse counselor who is treating or rendering assistance to the patient for whom the record was generated and under other specific circumstances.

Finally, the bill authorizes disclosure of a record generated under the PDMP to a person who medically coordinates, directs, or supervises, or establishes standard operating procedures for, a practitioner, pharmacist, registered nurse, or substance abuse counselor to whom records may otherwise be disclosed, if the person is evaluating the job performance of the practitioner, pharmacist, registered nurse, or substance abuse counselor, or is performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines, and if the disclosure is limited to only those records about the practitioner, pharmacist, registered nurse, or substance abuse counselor.