Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 35 - Center for Health Protection
Rule 007.35.20-001 - Rules Pertaining to Arkansas Prescription Drug Monitoring Program
Universal Citation: AR Admin Rules 007.35.20-001
Current through Register Vol. 49, No. 9, September, 2024
SECTION I - Authority
The following rules have been hereby promulgated pursuant to Arkansas Code Annotated § 20-7-613.
SECTION II - Purpose
The purpose of these rules_is to protect the state health system and the citizens of Arkansas by:
(1) enhancing patient care by providing
prescription monitoring information that will ensure legitimate use of
controlled substances in health care, including palliative care, research, and
other medical pharmacological uses;
(2) helping curtail the misuse and abuse of
controlled substances;
(3)
assisting in combating illegal trade in and diversion of controlled substances;
and
(4) enabling access to
prescription information by practitioners, law enforcement agents, and other
authorized individuals and agencies and to make prescription information
available to practitioners, law enforcement agents, and other authorized
individuals and agencies in other states.
SECTION III - Definitions
As used in this section:
(1) "Controlled substance" means a drug,
substance, or immediate precursor in Schedules II-V;
(2) "Dispense" means to deliver a controlled
substance to an ultimate user or research subject by or pursuant to the lawful
order of a practitioner, including without limitation, the prescribing,
administering, packaging, labeling, or compounding necessary to prepare the
controlled substance for that delivery;
(3)
(A)
"Dispenser" means a practitioner who dispenses.
(B) "Dispenser" does not include:
(i) A licensed hospital pharmacy when it is
distributing controlled substances for the purpose of outpatient services,
inpatient hospital care, or at the time of discharge from a hospital, except
for a pharmacy owned by a hospital that has a retail pharmacy permit when the
pharmacy is distributing controlled substances directly to the
public;
(ii) A wholesale
distributor of Schedule Il-Schedule V controlled substances; or
(iii) A practitioner or other authorized
person who administers a controlled substance;
(4) "Exchangeability" means the ability of
the program to electronically share reported information with another state's
prescription monitoring program if the information concerns the dispensing of a
controlled substance either:
(A) To a patient
who resides in the other state; or
(B) Prescribed by a practitioner whose
principal place of business is located in the other state;
(5) "Investigation" means an active inquiry
that is being conducted with a reasonable, good faith belief that the inquiry:
(A) Could lead to the filing of
administrative, civil, or criminal proceedings; or
(B) Is ongoing and continuing and a
reasonable, good faith anticipation exists for securing an arrest or
prosecution in the foreseeable future;
(6) "Patient" means the person or animal who
is the ultimate user of a controlled substance for whom a lawful prescription
is issued and for whom a controlled substance is lawfully dispensed;
(7) "Practitioner" means:
(A) A physician, dentist, veterinarian,
advanced practice nurse, physician assistant, pharmacist, scientific
investigator, or other person licensed, registered, or otherwise permitted to
prescribe, distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or
research in this state; and
(B) A
pharmacy, hospital, or other institution licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or
research in this state;
(8) "Prescribe" means to issue a direction or
authorization, by prescription, permitting a patient lawfully to obtain a
controlled substance;
(9)
"Prescriber" means a practitioner or other authorized person who prescribes a
Schedule II, III, IV, or V controlled substance;
(10) "Prescription" means a controlled
substance lawfully prescribed and subsequently dispensed;
(11) "Prescription drug monitoring program"
means a program that collects, manages, analyzes, and provides information
regarding Schedule II, 111, IV, and V controlled substances as provided under
the Uniform Controlled Substances Act, §
5-64-101 et seq., §§
5-64-1101 - 5-64-1103, the Food, Drug, and Cosmetic Act, §
20-56-201 et
seq., or §§
20-64-501 -- 20 64-513;
(12) "Schedule 11" means controlled substances that are placed in
Schedule II under §
5-64-205;
(13) "Schedule 111" means controlled substances that are placed in
Schedule 111 under § 5-64- 207;
(14) "Schedule IV" means controlled
substances that are placed in Schedule IV under § 5-64- 209;
(15) "Schedule V" means controlled substances
that are placed in Schedule V under §
5-64-211;
(16) "Ultimate user" means a person who
lawfully possesses a controlled substance for:
(A) The person's own use;
(B) The use of a member of the person's
household; or
(C) Administering to
an animal owned by a person or by a member of the person's
household.
(17) "Certified
law enforcement prescription drug diversion investigator" means a certified law
enforcement officer assigned by his or her law enforcement agency to
investigate prescription drug diversion and who has completed a certification
course in prescription drug diversion approved by the Arkansas Prescription
Drug Advisory Committee and certified by the Arkansas Commission on Law
Enforcement Standards and Training and who may access the Arkansas Prescription
Drug Monitoring Program for prescriptions dispensed in Arkansas.
(18) "Delegate" means an agent or employee of
the prescriber or dispenser to whom the prescriber or dispenser has delegated
the task of accessing the data described in this subsection, but only if the
agent or employee has been granted access by a delegate account, and for whose
actions the authorizing prescriber or dispenser retains
accountability.
(19) "Opioid" means
a drug or medication that relieves pain, including without limitation:
(A) Hydrocodone;
(B) Oxycodone;
(C) Morphine
(D) Codeine;
(E) Heroin
(F) Fentanyl
(20) "Qualified law enforcement agency" means
a law enforcement agency that has a certified law enforcement prescription drug
diversion investigator and a chief, sheriff, or law enforcement chief executive
officer who have successfully completed a certification course in prescription
drug diversion approved by the commission.
(21) "Arkansas Medicaid prescription drug
program" means:
(A) The prescription drug
program that is a portion of the Title XIX Medicaid program for the State of
Arkansas;
(B) The Arkansas Medicaid
prescription drug program includes any entity contracted with the Arkansas
Medicaid prescription drug program and to which the Arkansas Medicaid Program
has granted authority.
(22) "Hospice" or "hospice care" means an
autonomous, centrally administered, medically directed, coordinated program
providing a continuum of home, outpatient, and home-like inpatient care for the
terminally ill patient and family, employing an interdisciplinary team to
assist in providing palliative and supportive care to meet the special needs
arising out of the physical, emotional, spiritual, social and economic stresses
which are experienced during the final stages of illness and during dying and
bereavement, with such care being available 24 hours a day, 7 days a week and
provided on the basis of need regardless of ability to pay.
(23) "Palliative care" means patient-centered
and family-centered medical care offered throughout the continuum of an illness
that optimizes quality of life by anticipating, preventing, and treating the
suffering caused by a serious illness to address physical, emotional, social,
and spiritual needs and facilitate patient autonomy, access to information, and
choice, including without limitation:
(A)
Discussion of the patient's goals for treatment;
(B) Discussions of treatment options
appropriate to the patient, including hospice care, if needed; and
(C) Comprehensive pain and symptom
management
SECTION IV - Requirements for the Prescription Drug Monitoring Program
(a) The State Board of Health
shall create the Prescription Drug Monitoring Program upon the Department of
Health's procuring adequate funding to establish the program.
(b)
(1)
Each dispenser shall submit to the department information regarding each
Schedule II, III, IV, or V controlled substance dispensed.
(2) A dispenser located outside Arkansas and
licensed and registered by the Arkansas State Board of Pharmacy shall submit to
the department information regarding each Schedule II, III, IV, or V controlled
substance prescription dispensed to an ultimate user whose address is within
Arkansas.
(3) The board shall create
a controlled substances database for the Prescription Drug Monitoring
Program.
(c) Each
dispenser required to report under subsection (b) of this section shall submit
to the department by electronic means information that shall include without
limitation the following:
(1) The dispenser's
identification number;
(2) The date
the prescription was filled;
(3) The
prescription number;
(4) Whether the
prescription is new or is a refill;
(5) The National Drug Code number for the
controlled substance that is dispensed;
(6) The quantity of the controlled substance
dispensed;
(7) The number of days'
supply dispensed;
(8) The number of
refills ordered;
(9)
(A) A patient identifier.
(B) A patient identifier shall not be a
social security number or a driver's license number;
(10) The patient's name;
(11) The patient's address;
(12) The patient's date of birth;
(13) The patient's gender;
(14) The prescriber's identification
number;
(15) The date the
prescription was issued by the prescriber; and
(16) The source of the payment for the
prescription.
(d)
(1) Except as required in subdivision (d)(2)
of this section, practitioners are encouraged to access or check the
information in the controlled substance database created under this section
before prescribing, dispensing, or administering medications.
(2)
(A) A
prescriber shall check the information in the Prescription Drug Monitoring
Program when prescribing:
(i) An opioid from
Schedule II or Schedule III for every time prescribing the medication to a
patient; and
(ii) A benzodiazepine
medication for the first time prescribing the medication to a
patient.
(B) A licensing
board that licenses practitioners who have the authority to prescribe shall
adopt rules requiring the practitioners to check the information in the
Prescription Drug Monitoring Program as described in subdivision (d)(2) of this
section.
(C) This subdivision
(d)(2) does not apply to:
(i) A practitioner
administering a controlled substance:
(a)
Immediately before or during surgery;
(b) During recovery from a surgery while in a
healthcare facility;
(c) In a
healthcare facility; or
(d)
Necessary to treat a patient in an emergency situation at the scene of an
emergency, in a licensed ground ambulance or air ambulance, or in the intensive
care unit of a licensed hospital;
(ii) A practitioner prescribing or
administering a controlled substance to:
(a)
A palliative care or hospice patient; or
(b) A resident in a licensed nursing home
facility; or
(iii)
Situations in which the Prescription Drug Monitoring Program is not accessible
due to technological or electrical failure.
(D) The State Board of Health may amend, by
rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a
recommendation from the Director of the Department of Health and a showing that
the exemption or lack or exemption is unnecessarily burdensome or has created a
hardship.
(3) A licensed
oncologist shall check the Prescription Drug Monitoring Program when
prescribing to a patient on an initial malignant episodic diagnosis and every
three (3) months following the diagnosis while continuing
treatment.
(e) This
section does not prohibit licensing boards from requiring practitioners to
access or check the information in the controlled substance database as a part
of a review of the practitioner's professional practice.
(f)
(1)
Each dispenser shall submit the required information in accordance with the
Standard for Prescription Monitoring Programs of the American Society for
Automation in Pharmacy (ASAP) Version 4 Release 2 September 2011, incorporated
by reference.
(2) Data shall be
submitted via CD-ROM, a secure File Transfer Protocol (FTP), Virtual Private
Network (VPN), https: or other methods approved by the Prescription Drug
Monitoring Program.
(3) A dispenser
shall report the controlled substance dispensing information records required
under Arkansas Code Annotated §§
20-7-601 to -614 and these rules_no
later than the next business day after the date of dispensing. Veterinarians
shall report dispensing information every thirty days. If controlled substances
were not dispensed for the reporting period, the dispenser shall submit a Zero
Report in accordance with ASAP Version 4 Release 2 September 2011.
(4) The department or the department's
contractor shall notify a dispenser of an error in data reporting. Upon
receiving notification of an error in data reporting, the dispenser shall take
appropriate measures to correct the error and transmit the corrected data to
the department or the department's contractor within 14 days of being notified
of the error.
(g) The
department's process for patients to address errors, inconsistencies, and other
matters in their record as maintained under this section, including in cases of
breach of privacy and security shall comply with Sections 261 through 264 of
the Health Insurance Portability and Accountability Act (HIPAA) of 1996,
Public Law
104-191 (the Administrative Simplification
provisions) and regulations 45 CFR Parts 160 and 164 ("the HIPAA Security and
Privacy Rule") and the HITECH (Health Information Technology for Economic and
Clinical Health) Act as enacted by the American Recovery and Reinvestment Act
(ARRA) of 2009 (Pub. L.
111-5), pursuant to Title XIII of Division A and
Title IV of Division B.
(h) The
department shall limit access to only those employees whose access is
reasonably necessary to carry out this section.
(i) A certified law enforcement prescription
drug diversion investigator shall provide to the department the following
information in order to be granted access to the Prescription Drug Monitoring
Program:
(1) The identification credentials
assigned by the department; and
(2)
The case number of the investigation submitted on the investigator's law
enforcement agency letterhead.
(3)
The badge number of the investigator.
(4) A copy of the investigator's
certification from the Arkansas Commission of Law Enforcement Standards and
Training course in prescription drug diversion.
(j)
(1) A
qualified law enforcement agency shall submit to the department an annual
report of the data accessed by all certified law enforcement prescription drug
diversion investigators in the qualified law enforcement agency, including
without limitation:
(A) Written verification
that the inquiries were part of a lawful prescription drug diversion
investigation as provided to the department through the case number of the
investigation; and
(B) The
disposition of the investigation.
(2) The department shall:
(A)
Create a verification form for use under subdivision 0)(1) of this section;
and
(B) Make the verification form
available annually to the qualified law enforcement agency.
(3)
(A) The
verification form under subdivision Q)(l) of this section
shall be submitted to the department within thirty (30) days of receipt of the
form by the qualified law enforcement agency.
(B) Failure to submit a verification form
under subdivision (j)(3)(A) of this section shall result in the immediate
suspension of the access to the database by the qualified law enforcement
agency and its certified law enforcement prescription drug diversion
investigators until a determination is made by the department to allow
continued access.
SECTION V - Prescription Drug Monitoring Program Advisory Committee
(a) The State Board of Health shall create
the Prescription Drug Monitoring Program Advisory Committee upon the Department
of Health's procuring adequate funding to establish the Prescription Drug
Monitoring Program.
(b) The mission
of the advisory committee is to consult with and advise the Department of
Health on matters related to the establishment, maintenance, operation, and
evaluation of the Prescription Drug Monitoring Program.
(c) The committee shall consist of:
(1) One (1) representative designated by each
of the following organizations:
(A) The
Arkansas Academy of Physician Assistants;
(B) The Arkansas Association of Chiefs of
Police;
(C) The Arkansas Drug
Director;
(D) The Arkansas Medical
Society;
(E) The Arkansas Nurses
Association;
(F) The Arkansas
Optometric Association;
(G) The
Arkansas Osteopathic Medical Association;
(H) The Arkansas Pharmacists Association;
(I) The Arkansas Pediatric Medical
Association;
(J) The Arkansas
Prosecuting Attorneys Association;
(K) The Arkansas Sheriffs Association;
(L) The Arkansas State Dental
Association;
(M) The Arkansas
Veterinary Medical Association;
(N) The State Board of Health;
(O) The Arkansas Public Defender Commission;
and
(P) A mental health provider or
certified drug and alcohol counselor; and
(2) One (1) consumer appointed by the
Governor.
(3) The chair of the
Arkansas State Medical Board or his or her designee who is also a member of the
Arkansas State Medical Board; and
(4) The chair of the Arkansas State Board of
Dental Examiners or his or her designee who is also a member of the Arkansas
State Board of Dental Examiners.
SECTION VI - Confidentiality
(a) Prescription information submitted to
the Department of Health pursuant to Arkansas Code Annotated §§
20-7-601 to -614 and these rules is confidential and not subject to the Freedom
of Information Act of 1967, §
25-19-101 et seq.
(b)
(1)
The controlled substances database and all information contained in the
controlled substances database and any records maintained by the department or
by an entity contracting with the department that is submitted to, maintained,
or stored as a part of the controlled substances database is privileged and
confidential, is not a public record, and is not subject to subpoena or
discovery in a civil proceeding.
(2) Information in the controlled substances
database may be accessed by:
(A) A certified
law enforcement officer pursuant to a criminal investigation but only after the
law enforcement officer obtains a search warrant signed by a judge that
demonstrates probable cause to believe that a violation of federal or state
criminal law has occurred, that specified information contained in the database
would assist in the investigation of the crime, and that the specified
information should be released to the certified law enforcement
officer;
(B) A regulatory body
engaged in the supervision of activities of licensing or regulatory boards of
practitioners authorized to prescribe or dispense controlled
substances;
(C) A person or entity
investigating a case involving breaches of privacy involving the database or
its records.
(D) A certified law
enforcement prescription drug diversion investigator of a qualified law
enforcement agency; or
(E) A
practitioner within the Arkansas Medicaid prescription drug program;
or
(F) The Department of Human
Services or the Crimes Against Children Division of the Department of Arkansas
State Police if:
(i) The purpose of the
database access is related to an investigation under the Child Maltreatment
Act, §
12-18-101 et seq., and not pursuant to a criminal investigation by
a certified law enforcement officer; and
(ii) The Department of Human Services has obtained a court order
to access the database under §
12-18-621.
(G) The Office of Medicaid Inspector General
for review and investigation of fraud, waste, and abuse within the Arkansas
Medicaid prescription drug program if access is limited to beneficiaries of the
Arkansas Medicaid prescription drug program.
(c) This section does not apply to
information, documents, or records created or maintained in the regular course
of business of a pharmacy, medical, dental, optometric, or veterinary
practitioner, or other entity covered by Arkansas Code Annotated §§
20-7-601 to -614 and these rules, and all information, documents, or records
otherwise available from original sources are not immune from discovery or use
in a civil proceeding merely because the information contained in the records
was reported to the controlled substances database under Arkansas Code
Annotated §§
20-7-601 to -614 and these rules.
(d) The department shall establish and
enforce policies and procedures to ensure that the privacy and confidentiality
of patients are maintained and that patient information collected, recorded,
transmitted, and stored is protected and not disclosed to persons except as
listed in Section VII - Providing Prescription Monitoring Information. The
department's policies shall comply with Sections 261 through 264 of the Health
Insurance Portability and Accountability Act (HIPAA) of 1996,
Public Law
104-191 (the Administrative Simplification
provisions) and regulations 45 CFR Parts 160 and 164 ("the HIPAA Security and
Privacy Rule") and the HITECH (Health Information Technology for Economic and
Clinical Health) Act as enacted by the American Recovery and Reinvestment Act
(ARRA) of 2009 (Pub. L.
111-5), pursuant to Title XIII of Division A and
Title IV of Division B.
(e) The
Prescription Drug Monitoring Program shall establish and maintain a process for
verifying the credentials and authorizing the use of prescription information
by individuals and agencies listed in Section VII - Providing Prescription
Monitoring Information. The application to access prescription information
shall include information as needed by the department to verify the applicant's
authority to use prescription information in compliance with Section
VII.
SECTION VII - Providing Prescription Monitoring Information
(a)
(1)
(A)
(i) The
Department of Health shall review the Prescription Drug Monitoring Program
information, including without limitation a review to identify information that
appears to indicate whether a person is obtaining prescriptions in a manner
that may represent misuse or abuse of controlled substances based on
prescribing criteria determined by the Director of the Department of Health
upon consultation with the Prescription Drug Monitoring Program Advisory
Committee.
(ii) The prescribing
criteria shall be posted on the website of the department and be available in
print upon request.
(B)
If the information appears to indicate misuse or abuse may have occurred, the
department shall notify the practitioners and dispensers who have prescribed or
dispensed in the following manner:
(i) The
department shall provide quarterly reports to the individual practitioners and
dispensers; and
(ii) If after twelve
(12) months of providing quarterly reports to the practitioners and dispensers,
the information appears to indicate misuse or abuse may be continuing, the
department shall send a report to the licensing boards of the practitioner or
dispenser who prescribed or dispensed the prescription.
(C) If information of misuse or abuse is
identified, the department shall notify the practitioners and dispensers who
prescribed or dispensed the prescriptions and the Little Rock, Arkansas Office
of Diversion Control of the United States Drug Enforcement
Administration.
(D) On or before
January 1, 2019, the department shall contract with a vendor to make the
Prescription Drug Program interactive and to provide same-day reporting in
real-time, if funding and technology are available.
(2)
(A) The
department may review the Prescription Drug Monitoring Program information,
including without limitation a review to identify information that appears to
indicate whether a prescriber or dispenser may be prescribing or dispensing
prescriptions in a manner that may represent misuse or abuse of a controlled
substance.
(B) If information of
misuse or abuse is identified, the department may notify the professional
licensing board of the prescriber or dispenser only after the relevant
professional licensing board has provided the department with the parameters
for triggering a notification from the department to the professional licensing
board.
(C) The department shall
develop algorithms within the controlled substance database that would alert a
practitioner if his or her patient is being prescribed opioids by more than
three (3) physicians within any thirty-day period, if funding is
available.
(3)
(A) A prescriber who has been found by his or
her licensing board to be in violation of a rule or law involving prescription
drugs shall be required by the appropriate licensing board to register with the
Prescription Drug Monitoring Program and access patient information before
writing a prescription for an opioid.
(B) The licensing board, in its discretion,
may remove this requirement after a period of time if the board deems removal
of the requirement appropriate.
(b) The department shall provide information
in the Prescription Drug Monitoring Program upon request and at no cost only to
the following persons:
(1)
(A) A person authorized to prescribe or
dispense controlled substances for the purpose of providing medical or
pharmaceutical care for his or her patients or for reviewing information
regarding prescriptions that are recorded as having been issued or dispensed by
the requester;
(B) A
Delegate;
(2) A patient
who requests his or her own prescription monitoring information;
(3) A parent or legal guardian of a minor
child who requests the minor child's Prescription Drug Monitoring Program
information;
(4)
(A) A designated representative of a
professional licensing board of the professions of the healing arts
representing health care disciplines whose licensees are prescribers pursuant
to an investigation of a specific individual, entity, or business licensed or
permitted by that board.
(B) Except
as permitted by subsection (a)(2) of this section, the department shall provide
information imder subsection (b)(4)(A) of this section only if the requesting
board states in writing that the information is necessary for an
investigation;
(5) The
State Medical Examiner as authorized by law to investigate causes of deaths for
cases under investigation pursuant to his or her official duties and
responsibilities;
(6) Local, state,
and federal law enforcement or prosecutorial officials engaged in the
administration, investigation, or enforcement of the laws governing controlled
substances required to be submitted under Arkansas Code Annotated §§
20-7-601 to 614 and these rules pursuant to the agency's official duties and
responsibilities; and
(7) Personnel
of the department for purposes of administration and enforcement of Arkansas
Code Annotated §
20-7-607 and this section.
(c) Information collected under Arkansas
Code Annotated §§
20-7-601 to -614 and these rules shall be
maintained for three (3) years.
(d)
The department may provide patient, prescriber, or dispenser information to
public or private entities for statistical, research, or educational purposes
after encrypting or removing any patient's name, street name and number,
patient identification number, month and day of birth, and prescriber or
dispenser information that could be used to identify individual patients,
persons who received prescriptions.
(e) The department may provide information in
the Prescription Drug Monitoring Program to insurance carriers for the purpose
of verifying prescriber or dispenser registration for individuals that are part
of the health plan's network of providers.
SECTION VIII - Information Exchange with Other Prescription Drug Monitoring Programs
(a) The Department of Health may provide prescription monitoring
information to federal prescription drug monitoring programs or other states'
prescription drug monitoring programs, and the information may be used by those
programs consistent with Arkansas Code Annotated §§
20-7-601 to -614
and these rules.
(b) The department
may request and receive prescription monitoring information from federal
prescription drug monitoring programs or other states' prescription drug
monitoring programs and may use the information pursuant to Arkansas Code
Annotated §§
20-7-601 to -614 and these rules.
(c) The department may develop the capability
to transmit information to other prescription drug monitoring programs and
receive information from other prescription drug monitoring programs employing
the standards of exchangeability.
(d) The department may enter into written agreements with federal
prescription drug monitoring programs or other states' prescription drug
monitoring programs for the purpose of describing the terms and conditions for
sharing of prescription information consistent with Arkansas Code Annotated
§§
20-7-601 to -614 and these rules.
SECTION IX - Authority to Contract
(a) The Department of Health
may contract with another agency of this state or with a private vendor, as
necessary, to ensure the effective operation of the Prescription Drug
Monitoring Program.
(b) A
contractor shall be bound to comply with the provisions regarding
confidentiality of prescription information as outlined in Arkansas Code
Annotated §§
20-7-601 to -614 and these rules and shall be subject to
the penalties specified in Arkansas Code Annotated §§
20-7-601 to
-614 and these rules for unlawful acts.
SECTION X - Authority to Seek Funding
(a) The Department of Health
may make application for, receive, and administer grant funding from public or
private sources for the development, implementation, or enhancement of the
Prescription Drug Monitoring Program.
(b) A fee shall not be levied against
practitioners for the purpose of funding or complying with the Prescription
Drug Monitoring Program.
SECTION XI - Unlawful Acts and Penalties
(a)
(1) It
is unlawful for a dispenser to purposely fail to submit prescription monitoring
information as required under Arkansas Code Annotated §§
20-7-601 to
-614 and these rules.
(2) A
violation of subdivision (a) (1) of this section is a Class B
misdemeanor.
(b)
(1) It is unlawrful for a dispenser to
purposely submit fraudulent prescription information.
(2) A violation of subdivision (b) (1) of
this section is a Class D felony.
(c)
(1) It
is unlawful for a person authorized to receive prescription monitoring
information to purposely disclose the information in violation of Arkansas Code
Annotated §§ 20 7-601 to -614 and these rules.
(2) A violation of subdivision (c) (1) of
this section is a Class C felony.
(d)
(1) It is unlawfal for a
person authorized to receive prescription drug monitoring program information
to use such information in a manner or for a purpose in violation of Arkansas
Code Annotated §§
20-7-601 to -614 and these rules.
(2) A violation of subsection (d) (1) of this
section is a Class C felony.
(e)
(1) It is unlawful for a
person to knowingly obtain, use, or disclose or attempt to obtain, use, or
disclose information by fraud or deceit from the Prescription Drug Monitoring
Program or from a person authorized to receive information from the
Prescription Drug Monitoring Program under Arkansas Code Aimotated §§
20-7-601 to -614 and these rules.
(2) A violation of subdivision (e) (1) of
this section is a Class C felony.
(f) In addition to the criminal penalties
provided in this section, a dispenser or practitioner who uses or discloses
confidential information received from the Prescription Drug Monitoring Program
in a manner or for a purpose in violation of Arkansas Code Annotated
§§
20-7-601 to -614 and these rules may be subject to disciplinary
action by the dispenser's or practitioner's licensing board.
(g) In addition to the criminal penalties
provided in this section, a law enforcement officer who uses or discloses
confidential information received from the Prescription Drug Monitoring Program
in a manner or for a purpose in violation of Arkansas Code Annotated
§§
20-7-601 to -614 and these rules may be subject to disciplinary
action by the law enforcement officer's agency or department.
(h) Arkansas Code Annotated §§
20-7-601 to -614 and these rules do not limit a person whose privacy has been
compromised unlawfully under this section from bringing a civil action to
address the breach of privacy or to recover all damages to which the person may
be entitled per violation, including attorney's fees and costs.
(i) A practitioner who purposely fails to
access the Prescription Drug Monitoring Program as required by §
20-7-604(d) is subject to disciplinary action by the licensing board of the
practitioner.
SECTION XII - Privacy Rights Protected
Arkansas Code Aimotated §§ 20-7-601 to -614 and these rules do not give authority to any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly, the courts, or the United States Constitution or the Constitution of the State of Arkansas other than to the extent provided in these rules and Arkansas Code Annotated §§ 20-7-601 to-614.
SECTION XIII - Effective Date
(a) The Prescription Drug Monitoring Program
shall become operational March 1, 2013, if full funding is available under
Arkansas Code Annotated §
20-7-610 and Section X.
(b) The Director of the Department of Health
may suspend operation of the program if adequate funding under Arkansas Code
Annotated §
20-7-610 and Section X ceases.
SECTION XIV - Severability
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these rules which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared severable.
SECTION XV - Repeal
All rules and parts of rules in conflict are hereby repealed.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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