Current through Register Vol. 35, No. 18, September 24, 2024
A. Prescription information submitted to the
board shall not be subject to the Inspection of the Public Records Act,
Sections 14-2-1 through
14-2-12 NMSA 1978 and shall be
confidential except as provided in Subsections C through G of
16.19.29.9 NMAC.
B. The board shall maintain procedures to
ensure that the privacy and confidentiality of patients and patient information
collected, recorded, transmitted, and maintained in the PMP is not disclosed to
persons except as provided in Subsection C through G of
16.19.29.9 NMAC.
C. Board inspectors may review prescription
information after receiving complaints, and in the course of their enforcement
of board administered statutes and regulations.
D. The board shall be authorized to provide
PMP information to the following persons:
(1)
persons authorized to prescribe or dispense controlled substances, for the
purpose of providing medical or pharmaceutical care for their
patients;
(2) a consultant
pharmacist for the purpose of providing pharmaceutical care for a facility's
patients; and in ensuring that facility records appropriately account for
controlled substance receipt, administration and disposition;
(3) a delegate designated by a practitioner;
or pharmacist; who must also maintain an active account, can designate one or
more (up to four) delegates for the purpose of requesting and receiving PMP
reports for the practitioner or pharmacist; the practitioner or pharmacist
shall be responsible for terminating the delegate's access to the PMP within
five business days of a delegate's authorization ending;
(4) state practitioner licensing boards whose
licensees have prescriptive authority for controlled substances, including the
medical board, board of nursing, board of veterinarian medicine, board of
dental health care, board of examiners in optometry, board of osteopathic
medicine, board of acupuncture and oriental medicine, and board of podiatry, as
the PMP information relates to their licensees;
(5) practitionerlicensing authorities of
other states if their licensees practice in this state or prescriptions
provided by their licensees are dispensed in this state;
(6) local, state and federal law enforcement
or prosecutorial officials engaged in an ongoing investigation of an individual
in the enforcement of the laws governing licit drugs;
(7) the state human services department
regarding medicaid program recipients;
(8) a state metropolitan, magistrate and
district, or federal court as required by a grand jury subpoena or criminal
court order;
(9) state drug court
personnel as authorized by the PMP director;
(10) personnel of the board for purposes of
administration and enforcement of this rule or of 16.19.20 NMAC;
(11) the prescription monitoring program of
another state or group of states with whom the state has established an
interoperability agreement;
(12) a
living individual who request's his or her own PMP report in accordance with
procedures established under the Pharmacy Act, Subsection D of Section
61-11-2 NMSA 1978 and Subsection H
of 16.19.6.23 NMAC, or an agent
authorized by the living individual along with a valid HIPAA release form or
court issued subpoena, or;
(13) a
parent to have access to the prescription records about his or her minor child,
as his or her minor child's personal representative when such access is not
inconsistent with state or other laws;
(14) licensed healthcare professionals
(nurses, pharmacists and practitioners) from Medicare, health insurers, workers
compensation program/insurers and pharmacy benefit managers for persons
enrolled in or covered by their programs, as part of patient care for those
persons.
E. The board
shall use de-identified data obtained from the PMP database to identify and
report to state and local public health authorities the geographic areas of the
state where anomalous prescribing dispensing or use of controlled substances is
occurring.
F. The board shall share
PMP database data with the department of health for the purpose of tracking
inappropriate prescribing and misuse of controlled substances or drug(s) of
concern, including drug overdose.
G. The board shall provide data to public or
private entities for statistical, research, or educational purposes after
removing information that could be used to identify individual patients and
persons who have received prescriptions from dispensers.
H. PMP information gained from other states'
prescription monitoring programs shall not be subject to civil subpoena, nor
shall such information be disclosed, discoverable, or compelled to be produced
in any civil proceeding, nor shall such records be deemed admissible as
evidence in any civil proceeding for any reason.
