Current through Register Vol. 6, March 22, 2024
(1) The following persons may have direct
online access to prescription drug registry information:
(a) licensed practitioners having authority
to prescribe controlled substances, 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 controlled substances, or that pharmacist's authorize
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,
including executive director, inspectors, and program manager; and
(e) any vendor or contractor establishing or
maintaining the prescription drug registry.
(2) To access registry information, each user
must first:
(a) successfully complete the
board's educational program;
(b)
complete the registration form and confidentiality agreement provided by the
board;
(c) complete a written
agreement assuring that the user's access and use of the prescription drug
registry is limited to that authorized by law;
(i) in the case of a licensed practitioner
having authority to prescribe controlled substances, or that practitioner's
authorized agent, access is restricted to:
(A) the practitioner's own prescribing
information; or
(B) prescription
records for a patient of the practitioner to whom the practitioner is providing
or considering providing medical and/or pharmaceutical care;
(ii) in the case of a licensed
pharmacist, pharmacy intern, or certified pharmacy technician, access is
restricted to prescription records for a patient for whom the pharmacy is
actually dispensing or considering dispensing a prescription;
(iii) in the case of a designated
representative of the Montana Medicare or Medicaid programs, Tribal Health,
Indian Health Service, and Veteran Affairs, access is restricted to
prescription records related to a participant in the program;
(iv) in the case of authorized
representatives of the board, access is restricted to:
(A) that necessary to respond to legitimate
inquiries; or
(B) that necessary
for legitimate inquiries under ARM
24.174.1706;
(v) in the case of an authorized vendor or
contractor, access is restricted to technical work necessary to establish or
maintain the prescription drug registry databank; or
(vi) in every user's case:
(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.
(3) Prior to granting access to the registry,
the board shall verify that the applicant is licensed to prescribe or dispense
controlled substances or legend 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.
(4)
Upon verification of all requirements, the board shall issue the appropriate
information necessary for online access to the prescription drug
registry.
(5) Upon receipt of
written 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.
(6) 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 form provided by the board
and returning the completed form, along with proof of identification and
authorization required by the board, to the board's office; 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.
(7) Individual patients may request their own
prescription registry information from the board or their provider. If
requesting from the board, the requestor shall personally appear at the program
office and produce a positive photo identification at the time of their
request. A single copy of the information will be provided at no charge to the
individual.
(8) 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.
37-7-1506,
37-7-1512,
MCA; IMP,
37-7-1506,
37-7-1512,
MCA;