§ 21-2A-04
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/md/health-general/21-2a-04A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§21–2A–04.
(a)The Secretary, in consultation with the Board, shall adopt regulations to carry out this subtitle.
(b)The regulations adopted by the Secretary shall:
(1)Specify the prescription monitoring data and naloxone medication data required to be submitted under § 21–2A–03 of this subtitle;
(2)Specify the electronic or other means by which information is to be submitted:
(i)Without unduly increasing the workload and expense on dispensers; and
(ii)In a manner as compatible as possible with existing data submission practices of dispensers;
(3)Specify that the information be submitted by dispensers once every 24 hours;
(4)Specify that the Program:
(i)Shall provide the information technology software to dispensers necessary to upload prescription drug monitoring data and naloxone medication data to the Program; and
(ii)May not impose any fees or other assessments on prescribers or dispensers to support the operation of the Program;
(5)Identify the mechanism by which:
(i)Prescription monitoring data are disclosed to a person, in accordance with § 21–2A–06 of this subtitle; and
(ii)Naloxone medication data are disclosed to a person, in accordance with § 21–2A–06.1 of this subtitle;
(6)Identify the circumstances under which a person may disclose prescription monitoring data or naloxone medication data received under the Program;
(7)Specify the process for the Program’s review of prescription monitoring data and naloxone medication data and reporting of:
(i)Possible misuse or abuse of a monitored prescription drug under § 21–2A–06(c) of this subtitle; or
(ii)A possible violation of law or possible breach of professional standards under § 21–2A–06(d) of this subtitle;
(8)Establish requirements for Program retention of prescription monitoring data and naloxone medication data for 3 years; and
(9)Require that:
(i)Confidential or privileged patient information be kept confidential; and
(ii)Records or information protected by a privilege between a health care provider and a patient, or otherwise required by law to be held confidential, be filed in a manner that, except as otherwise provided in §§ 21–2A–06 and 21–2A–06.1 of this subtitle, does not disclose the identity of the person protected.