Current through Register Vol. 18, September 20, 2024
(1) The following persons may have direct
online access to prescription drug registry information:
(a) licensed practitioners having authority
to prescribe prescription drugs, or that practitioner's authorized agent, for
the purpose of providing medical and/or pharmaceutical care for their patients,
or for patients referred for medical care and/or pharmaceutical care;
(b) licensed pharmacists authorized to
dispense prescription drugs, or that pharmacist's authorized agent, for the
purpose of providing pharmaceutical care for their patients or for patients
referred for care;
(c) designated
representatives from the Montana Medicare or Medicaid programs, Tribal Health,
Indian Health Service, and Veterans Affairs regarding program
recipients;
(d) board staff for
administrative and compliance purposes; and
(e) any vendor or contractor establishing or
maintaining the prescription drug registry.
(2) To access registry information, each user
must first complete the registration form, terms of use or equivalent
agreement, and confidentiality agreement provided by the board. The board will
provide educational material about the MPDR program online at
www.mpdr.mt.gov.
(3) Access for users is restricted:
(a) in the case of a licensed practitioner
having authority to prescribe prescription drugs, or that practitioner's
authorized agent, to:
(i) the practitioner's
own prescribing information; or
(ii) prescription records for a patient of
the practitioner to whom the practitioner is providing or considering providing
medical and/or pharmaceutical care;
(b) in the case of a licensed pharmacist, or
that pharmacist's authorized agent, to prescription records for a patient for
whom the pharmacist is providing pharmaceutical care, dispensing, or
considering dispensing a prescription;
(c) in the case of a designated
representative of the Montana Medicare or Medicaid programs, Tribal Health,
Indian Health Service, and Veterans Affairs, to prescription records related to
a participant in the program;
(d)
in the case of authorized representatives of the board, to:
(i) that necessary to respond to legitimate
inquiries; or
(ii) that necessary
for legitimate inquiries under ARM
24.174.1706;
(e) in the case of an authorized vendor or
contractor, to technical work necessary to establish or maintain the
prescription drug registry databank.
(4) For each user:
(a) information accessed from the
prescription drug registry must be kept confidential;
(b) information accessed from the
prescription drug registry must not be disclosed to any unauthorized person;
and
(c) user account information,
login names, and passwords must not be shared with any person, regardless of
whether that person is also an authorized user of the prescription drug
registry.
(5) Prior to
granting access to the registry, the board shall verify that the applicant is
licensed to prescribe or dispense prescription drugs, or in the case of an
agency applicant, the board shall verify that the applicant is the designated
representative of the Montana Medicare or Medicaid programs, Tribal Health,
Indian Health Service, or Veterans Affairs.
(6) Upon verification of all requirements,
the board shall issue the appropriate information necessary for online access
to the prescription drug registry.
(7) Upon notification that an authorized user
no longer possesses authority to prescribe, dispense, or represent Medicare or
Medicaid programs, Tribal Health, Indian Health Services, Veterans Affairs, or
the board, the board shall terminate the user's access to the prescription drug
information.
(8) Persons authorized
in
37-7-1506(1)(d)
and (e), MCA, to obtain information from the
prescription drug registry must apply for that information by:
(a) completing the registration form, terms
of use or equivalent agreement, and confidentiality agreement provided by the
board and provide appropriate credentialing; or
(b) serving upon the board or its designee,
an investigative subpoena directing the board to release a profile to the
county coroner or a peace officer employed by a federal, state, tribal, or
local law enforcement agency.
(9) Individual patients may request their own
prescription registry information from the board or their provider. If
requesting from the board, the requester shall complete and return the form
provided by the board. A copy of the information will be provided at no charge
to the individual.
(10) If the
prescription drug registry receives evidence of inappropriate or unlawful use
or disclosure of prescription registry information by an authorized user, the
board shall file a complaint with the user's licensing board.
AUTH:
37-7-1506,
37-7-1512, MCA; IMP:
37-7-1506,
37-7-1512,
MCA
