| 17 | | - | Enrolled, An Act, |
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| 17 | + | SYNOPSIS: |
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| 18 | + | Under existing law, the Controlled Substances |
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| 19 | + | Prescription Database may be accessed by, among others, |
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| 20 | + | up to two employees of a licensed physician who may |
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| 21 | + | access the database on behalf of the physician who is |
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| 22 | + | approved by the Alabama Department of Public Health and |
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| 23 | + | who has authority to prescribe, dispense, or administer |
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| 24 | + | controlled substances. |
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| 25 | + | This bill would allow the Controlled Substances |
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| 26 | + | Prescription Database to be accessed by up to two |
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| 27 | + | employees of a licensed dentist who may access the |
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| 28 | + | database on behalf of the dentist who is approved by |
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| 29 | + | the Alabama Department of Public Health and who has |
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| 30 | + | authority to prescribe, dispense, or administer |
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| 31 | + | controlled substances. |
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| 32 | + | A BILL |
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| 33 | + | TO BE ENTITLED |
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| 34 | + | AN ACT |
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| 22 | | - | behalf of the dentist who is approved by the Alabama |
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| 23 | | - | Department of Public Health and who has authority to |
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| 24 | | - | prescribe, dispense, or administer controlled substances. |
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| 25 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 26 | | - | Section 1. Section 20-2-214, Code of Alabama 1975, is |
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| 27 | | - | amended to read as follows: |
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| 28 | | - | "§20-2-214 |
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| 29 | | - | (a) The following individuals or entities shall be |
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| 30 | | - | permitted access to the information in the controlled |
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| 31 | | - | substances database, subject to the limitations indicated |
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| 32 | | - | below: |
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| 33 | | - | (1) Authorized representatives of the certifying |
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| 34 | | - | boards; provided, however, that access shall be limited to |
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| 35 | | - | information concerning the licensees of the certifying board, |
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| 36 | | - | however, authorized representatives from the Board of Medical |
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| 37 | | - | Examiners may access the database to inquire about certified |
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| 38 | | - | registered nurse practitioners (CRNPs), or certified nurse |
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| 39 | | - | midwives (CNMs) that hold a Qualified Alabama Controlled |
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| 40 | | - | Substances Registration Certificate (QACSC). |
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| 41 | | - | (2) A licensed practitioner approved by the department |
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| 42 | | - | who has authority to prescribe, dispense, or administer |
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| 43 | | - | controlled substances. The licensed practitioner's access |
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| 68 | + | employees of a licensed dentist who may access the database on |
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| 69 | + | behalf of the dentist who is approved by the Alabama |
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| 70 | + | Department of Public Health and who has authority to |
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| 71 | + | prescribe, dispense, or administer controlled substances. |
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| 72 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 73 | + | Section 1. Section 20-2-214, Code of Alabama 1975, is |
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| 74 | + | amended to read as follows: |
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| 75 | + | "§20-2-214 |
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| 76 | + | (a) The following individuals or entities shall be |
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| 77 | + | permitted access to the information in the controlled |
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| 78 | + | substances database, subject to the limitations indicated |
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| 79 | + | below: |
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| 80 | + | (1) Authorized representatives of the certifying |
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| 81 | + | boards; provided, however, that access shall be limited to |
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| 82 | + | information concerning the licensees of the certifying board, |
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| 83 | + | however, authorized representatives from the Board of Medical |
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| 84 | + | Examiners may access the database to inquire about certified |
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| 85 | + | registered nurse practitioners (CRNPs), or certified nurse |
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| 86 | + | midwives (CNMs) that hold a Qualified Alabama Controlled |
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| 87 | + | Substances Registration Certificate (QACSC). |
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| 88 | + | (2) A licensed practitioner approved by the department |
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| 89 | + | who has authority to prescribe, dispense, or administer |
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| 73 | 90 | | controlled substances. The licensed practitioner's access |
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| 74 | 91 | | shall be limited to information concerning himself or herself, |
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| 75 | 92 | | registrants who possess a Qualified Alabama Controlled |
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| 76 | 93 | | Substances Registration Certificate over whom the practitioner |
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| 77 | 94 | | exercises physician supervision or with whom he or she has a |
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| 78 | 95 | | joint practice agreement, a certified registered nurse |
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| 79 | 96 | | practitioner and a certified nurse midwife with a Qualified |
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| 80 | | - | Alabama Controlled Substances Registration Certificate over |
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| 81 | | - | whom the practitioner exercises professional oversight and |
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| 82 | | - | direction pursuant to an approved collaborative practice |
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| 83 | | - | agreement, a current patient of the practitioner, and |
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| 84 | | - | individuals seeking treatment from the practitioner. |
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| 85 | | - | Practitioners shall have no requirement or obligation under |
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| 86 | | - | this article to access or check the information in the |
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| 87 | | - | controlled substances database prior to prescribing, |
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| 88 | | - | dispensing, or administering medications or as part of their |
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| 89 | | - | professional practice. However, the applicable licensing |
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| 90 | | - | boards may impose such a requirement or obligation by rule. |
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| 91 | | - | (3) Up to two employees designated by a licensed |
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| 92 | | - | physician approved by the department who has authority to |
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| 93 | | - | prescribe, dispense, or administer controlled substances, who |
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| 94 | | - | may access the database on the physician's behalf. |
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| 95 | | - | (4) Up to two employees designated by a licensed |
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| 96 | | - | dentist approved by the department who has authority to |
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| 97 | | - | prescribe, dispense, or administer controlled substances, who |
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| 98 | | - | may access the database on the dentist's behalf. |
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| 99 | | - | (4)(5) A licensed certified registered nurse |
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| 100 | | - | practitioner or a licensed certified nurse midwife approved by |
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| 101 | | - | the department who is authorized to prescribe, administer, or |
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| 126 | + | practitioner and a certified nurse midwife with a Qualified |
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| 127 | + | Alabama Controlled Substances Registration Certificate over |
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| 128 | + | whom the practitioner exercises professional oversight and |
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| 129 | + | direction pursuant to an approved collaborative practice |
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| 130 | + | agreement, a current patient of the practitioner, and |
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| 131 | + | individuals seeking treatment from the practitioner. |
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| 132 | + | Practitioners shall have no requirement or obligation under |
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| 133 | + | this article to access or check the information in the |
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| 134 | + | controlled substances database prior to prescribing, |
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| 135 | + | dispensing, or administering medications or as part of their |
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| 136 | + | professional practice. However, the applicable licensing |
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| 137 | + | boards may impose such a requirement or obligation by rule. |
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| 138 | + | (3) Up to two employees designated by a licensed |
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| 139 | + | physician approved by the department who has authority to |
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| 140 | + | prescribe, dispense, or administer controlled substances, who |
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| 141 | + | may access the database on the physician's behalf. |
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| 142 | + | (4) Up to two employees designated by a licensed |
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| 143 | + | dentist approved by the department who has authority to |
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| 144 | + | prescribe, dispense, or administer controlled substances, who |
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| 145 | + | may access the database on the dentist's behalf. |
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| 146 | + | (4)(5) A licensed certified registered nurse |
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| 147 | + | practitioner or a licensed certified nurse midwife approved by |
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| 138 | | - | the department who is authorized to prescribe, administer, or |
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| 139 | | - | dispense pursuant to a Qualified Alabama Controlled Substances |
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| 140 | | - | Registration Certificate; provided, however, that access shall |
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| 141 | | - | be limited to information concerning a current patient of the |
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| 142 | | - | assistant to the physician or an individual seeking treatment |
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| 143 | | - | from the assistant to physician. |
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| 144 | | - | (6)(7) A coroner, deputy coroner, or a licensed medical |
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| 145 | | - | examiner or the examiner's designee who is employed by the |
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| 146 | | - | Alabama Department of Forensic Sciences; provided, however, |
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| 147 | | - | that access shall be limited to information concerning an |
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| 148 | | - | investigation of the cause and manner of death of an |
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| 149 | | - | individual. No coroner or deputy coroner shall be granted |
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| 150 | | - | access to information pursuant to this subdivision unless he |
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| 151 | | - | or she has received and completed training provided by the |
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| 152 | | - | department and successfully passed a minimum standards exam |
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| 153 | | - | administered by the department. |
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| 154 | | - | (7)(8) A licensed pharmacist approved by the |
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| 155 | | - | department; provided, however, that access is limited to |
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| 156 | | - | information related to the patient or prescribing practitioner |
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| 157 | | - | designated on a controlled substance prescription that a |
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| 158 | | - | pharmacist has been asked to fill. Pharmacists shall have no |
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| 159 | | - | requirement or obligation to access or check the information |
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| 184 | + | (5)(6) A licensed assistant to physician approved by |
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| 185 | + | the department who is authorized to prescribe, administer, or |
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| 186 | + | dispense pursuant to a Qualified Alabama Controlled Substances |
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| 187 | + | Registration Certificate; provided, however, that access shall |
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| 188 | + | be limited to information concerning a current patient of the |
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| 189 | + | assistant to the physician or an individual seeking treatment |
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| 190 | + | from the assistant to physician. |
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| 191 | + | (6)(7) A coroner, deputy coroner, or a licensed medical |
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| 192 | + | examiner or the examiner's designee who is employed by the |
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| 193 | + | Alabama Department of Forensic Sciences; provided, however, |
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| 194 | + | that access shall be limited to information concerning an |
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| 195 | + | investigation of the cause and manner of death of an |
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| 196 | + | individual. No coroner or deputy coroner shall be granted |
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| 197 | + | access to information pursuant to this subdivision unless he |
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| 198 | + | or she has received and completed training provided by the |
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| 199 | + | department and successfully passed a minimum standards exam |
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| 200 | + | administered by the department. |
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| 201 | + | (7)(8) A licensed pharmacist approved by the |
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| 202 | + | department; provided, however, that access is limited to |
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| 203 | + | information related to the patient or prescribing practitioner |
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| 204 | + | designated on a controlled substance prescription that a |
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| 205 | + | pharmacist has been asked to fill. Pharmacists shall have no |
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| 196 | | - | application to the department accompanied by a declaration |
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| 197 | | - | that probable cause exists for the use of the requested |
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| 198 | | - | information. |
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| 199 | | - | (9)(10) Employees of the department and consultants |
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| 200 | | - | engaged by the department to operate the controlled substances |
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| 201 | | - | database; provided, however, that access shall be limited to |
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| 202 | | - | operating and administering the database, conducting |
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| 203 | | - | departmental research when approved by the Information Release |
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| 204 | | - | Review Committee, and implementing a research request |
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| 205 | | - | authorized under subsection (b). |
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| 206 | | - | (10)(11) The prescription drug monitoring program of |
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| 207 | | - | any of the other states or territories of the United States, |
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| 208 | | - | if recognized by the Alliance for Prescription Drug Monitoring |
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| 209 | | - | Programs under procedures developed, certified, or approved by |
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| 210 | | - | the United States Department of Justice or the Integrated |
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| 211 | | - | Justice Information Systems Institute or successor entity |
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| 212 | | - | subject to or consistent with limitations for access |
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| 213 | | - | prescribed by this chapter for the Alabama Prescription Drug |
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| 214 | | - | Monitoring Program. |
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| 215 | | - | (11)(12) Authorized representatives of the Alabama |
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| 216 | | - | Medicaid Agency; provided, however, that access shall be |
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| 217 | | - | limited to inquiries concerning possible misuse or abuse of |
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| 242 | + | authorities authorized to access prescription information upon |
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| 243 | + | application to the department accompanied by a declaration |
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| 244 | + | that probable cause exists for the use of the requested |
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| 245 | + | information. |
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| 246 | + | (9)(10) Employees of the department and consultants |
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| 247 | + | engaged by the department to operate the controlled substances |
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| 248 | + | database; provided, however, that access shall be limited to |
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| 249 | + | operating and administering the database, conducting |
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| 250 | + | departmental research when approved by the Information Release |
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| 251 | + | Review Committee, and implementing a research request |
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| 252 | + | authorized under subsection (b). |
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| 253 | + | (10)(11) The prescription drug monitoring program of |
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| 254 | + | any of the other states or territories of the United States, |
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| 255 | + | if recognized by the Alliance for Prescription Drug Monitoring |
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| 256 | + | Programs under procedures developed, certified, or approved by |
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| 257 | + | the United States Department of Justice or the Integrated |
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| 258 | + | Justice Information Systems Institute or successor entity |
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| 259 | + | subject to or consistent with limitations for access |
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| 260 | + | prescribed by this chapter for the Alabama Prescription Drug |
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| 261 | + | Monitoring Program. |
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| 262 | + | (11)(12) Authorized representatives of the Alabama |
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| 263 | + | Medicaid Agency; provided, however, that access shall be |
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| 247 | 264 | | limited to inquiries concerning possible misuse or abuse of |
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| 248 | 265 | | controlled substances by Medicaid recipients. |
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| 249 | 266 | | (12)(13) Upon good cause shown to the State Health |
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| 250 | 267 | | Officer or his or her designee, authorized representatives of |
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| 251 | 268 | | the Board of Nursing may receive information concerning |
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| 252 | 269 | | licensees of the Board of Nursing; provided, however, that |
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| 253 | 270 | | requests shall be limited to information concerning a licensee |
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| 254 | | - | of the Board of Nursing who is the subject of an investigation |
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| 255 | | - | or disciplinary activity. Any certifying board, state or |
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| 256 | | - | federal law enforcement agency, or other individual or entity |
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| 257 | | - | authorized to access the information from the controlled |
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| 258 | | - | substances database pursuant to this article may share |
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| 259 | | - | information from the controlled substances database with the |
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| 260 | | - | Board of Nursing, provided that the information concerns a |
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| 261 | | - | licensee of the Board of Nursing who is the subject of an |
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| 262 | | - | investigation or disciplinary activity. |
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| 263 | | - | (b) Subject to the approval of the Information Release |
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| 264 | | - | Review Committee, the department may release or publish |
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| 265 | | - | de-identified aggregate statewide and regional information for |
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| 266 | | - | statistical, research, or educational purposes. |
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| 267 | | - | (1) Prior to being released or published, all |
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| 268 | | - | information that identifies, or could reasonably be used to |
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| 269 | | - | identify, a patient, a prescriber, a dispenser, or any other |
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| 270 | | - | person who is the subject of the information, shall be |
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| 271 | | - | removed, and at a minimum, such de-identification of the |
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| 272 | | - | information shall comply with 45 C.F.R. § 164.514(b)(2), as |
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| 273 | | - | amended. |
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| 274 | | - | (2) Release of information shall be made pursuant to a |
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| 275 | | - | written data use agreement between the requesting individual |
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| 300 | + | requests shall be limited to information concerning a licensee |
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| 301 | + | of the Board of Nursing who is the subject of an investigation |
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| 302 | + | or disciplinary activity. Any certifying board, state or |
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| 303 | + | federal law enforcement agency, or other individual or entity |
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| 304 | + | authorized to access the information from the controlled |
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| 305 | + | substances database pursuant to this article may share |
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| 306 | + | information from the controlled substances database with the |
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| 307 | + | Board of Nursing, provided that the information concerns a |
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| 308 | + | licensee of the Board of Nursing who is the subject of an |
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| 309 | + | investigation or disciplinary activity. |
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| 310 | + | (b) Subject to the approval of the Information Release |
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| 311 | + | Review Committee, the department may release or publish |
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| 312 | + | de-identified aggregate statewide and regional information for |
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| 313 | + | statistical, research, or educational purposes. |
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| 314 | + | (1) Prior to being released or published, all |
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| 315 | + | information that identifies, or could reasonably be used to |
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| 316 | + | identify, a patient, a prescriber, a dispenser, or any other |
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| 317 | + | person who is the subject of the information, shall be |
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| 318 | + | removed, and at a minimum, such de-identification of the |
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| 319 | + | information shall comply with 45 C.F.R. § 164.514(b)(2), as |
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| 320 | + | amended. |
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| 321 | + | (2) Release of information shall be made pursuant to a |
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