Cal. Code Regs. Tit. 11, § 825.1 - Eligibility for Access to Data from CURES

(a) An Interstate-User is eligible to request data from CURES through that Interstate-User's PDMP if all of the following requirements are met:

(1) The Interstate-User's PDMP has entered into a memorandum of understanding with the Department for interstate sharing of data from CURES, and that memorandum of understanding is in effect at the time of the request.

(2) The authorized interstate data sharing hub through which the Interstate-User's PDMP will request data from CURES has entered into a memorandum of understanding with the Department for interstate sharing of data from CURES, and that memorandum of understanding is in effect at the time of the request.

(3) The Interstate-User has agreed to the Terms and Conditions of CURES by reviewing and executing an Interstate-User acknowledgement, which must contain, at a minimum the following statement: "All access and use of CURES and data obtained from CURES by Interstate Prescribers, Interstate Pharmacists, or Interstate Non-DEA Practitioners must comply with California Code of Regulations, title 11, chapter 8.5, article 2.5, and all applicable provisions of California Health and Safety Code, division 10, chapter 4. Any violation of the Terms and Conditions of CURES, or any applicable State or federal law or regulation, may result in prosecution. I have read, understand, and agree to the foregoing terms and conditions governing the access and use of CURES and data obtained from CURES."

(A) The Interstate-User must review and execute an Interstate-User acknowledgment every 365 days.

(B) A fully executed copy of the Interstate-User acknowledgement must be retained by the Interstate-User for a period of five years from the date of signature.

(C) Upon request, the Interstate-User must provide the Interstate-User acknowledgment to the Interstate-User's prescription drug monitoring program, Out-of-State Licensing Board, or the California Department of Justice.

(4) The Interstate-User complies with all applicable federal and State privacy, confidentiality, and security laws and regulations, including, but not limited to:

(A) The Confidentiality of Medical Information Act (Part 2.6 (commencing with section 56) of Division 1 of the Civil Code).

(B) The HIPAA Regulations.

(C) Health and Safety Code section 11165, subdivision (c).

(5) The Interstate-User's PDMP complies with all applicable federal and State privacy, confidentiality, and security laws and regulations.

Notes

Cal. Code Regs. Tit. 11, § 825.1

1. Change without regulatory effect adopting new article 2.5 (sections 825.1-825.6) and renumbering former section 825, subsections (a)-(a)(2) to new section 825.1, including amendment of section heading and section, filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former article 2.5 to article 2.7, renumbering of former section 825.1 to section 827.1, renumbering and amendment of former article 2.3 to article 2.5 and renumbering and amendment of former section 823.1 to new section 825.1 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Sections 11165 and 11165.4, Health and Safety Code.

1. Change without regulatory effect adopting new article 2.5 (sections 825.1-825.6) and renumbering former section 825, subsections (a)-(a)(2) to new section 825.1, including amendment of section heading and section, filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former article 2.5 to article 2.7, renumbering of former section 825.1 to section 827.1, renumbering and amendment of former article 2.3 to article 2.5 and renumbering and amendment of former section 823.1 to new section 825.1 filed 8-15-2022; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).