Ga. Comp. R. & Regs. R. 511-7-2-.07 - Requests for prescription data held in the PDMP

(1) This regulation is intended to govern all requests for prescription data from the PDMP other than queries for particular patients made by prescribers, dispensers, or their delegates. Except as provided in this Chapter or by law, prescription information held in the PDMP database is confidential and will not be disclosed by the department.

(2) The following persons may request information contained in the PDMP, for the purposes identified below, and in the manner set forth below:

(a) Local or state law enforcement or prosecutorial officials, pursuant to a search warrant issued by an appropriate court or official for the jurisdiction in which the office of such law enforcement or prosecutorial officials is located;

(b) Federal law enforcement or prosecutorial officials, pursuant to a search warrant issued pursuant to Title 21 of the United States Code, a grand jury subpoena issued pursuant to Title 18 of the United States Code, an administrative subpoena, or a civil investigative demand;

(c) The Georgia Drugs and Narcotics Agency, for health oversight purposes, or upon presentation of a subpoena issued by or on behalf of that agency, or as part of an investigation into suspected or reported abuses or regarding illegal access to the PDMP database;

(d) The Georgia Composite Medical Board, for health oversight purposes, or upon presentation of a subpoena issued by or on behalf of such board;

(e) The Georgia Board of Pharmacy, for health oversight purposes, or upon presentation of a subpoena issued by or on behalf of such board;

(f) The Georgia Department of Community Health, for oversight of the state Medicaid program, or upon presentation of a subpoena issued by or on behalf of that agency;

(g) The Georgia Board of Nursing, for health oversight purposes, or upon presentation of a subpoena issued by or on behalf of such board;

(h) The federal Centers for Medicare and Medicaid Services, upon presentation of a subpoena issued by or on behalf of that agency;

(i) An individual whose prescription history appears in the PDMP is entitled to a copy of that history, upon written request made by that person or their attorney;

(j) A prescriber is entitled to a copy of prescription information in the PDMP which pertains to prescriptions written by that person, upon written request made by that prescriber or their attorney;

(k) A dispenser is entitled to a copy of prescription information in the PDMP which pertains to prescriptions dispensed by that person, upon written request made by that dispenser or their attorney;

(l) A prescription drug monitoring program operated by a government entity in another state, or an electronic medical records system operated by a prescriber or health care facility, provided that the program or system has been determined by DPH to contain legal, administrative, technical, and physical safeguards that meet or exceed the security measures employed by DPH in the operation of the PDMP.

(m) Persons or entities may request prescription information for purposes of statistics, education, instruction, drug abuse prevention, or scientific research; provided, however, that such data will first be de-identified according to the standards set forth in 45 C.F.R. 164.514 as it may be amended from time to time.

(3) Requests for data made pursuant to subsections (a) through (l) of this Rule shall be submitted to the Director of the DPH Office of Drug Misuse Evaluation in writing or through a dedicated email address set up by the department for that purpose. Requests for data made pursuant to subsection (l) of this Rule shall be made through the department's Public Health Information Portal (PHIP).

Notes

Ga. Comp. R. & Regs. R. 511-7-2-.07

O.C.G.A. §§ 31-2A-6, 31-5-5, 16-13-57 through 16-13-65.

Original Rule entitled "Requests for prescription data held in the PDMP" adopted. F. Oct. 6, 2017; eff. Oct. 26, 2017. Amended: F. June 19, 2018; eff. July 9, 2018.