124.553 - INFORMATION ACCESS.
124.553 INFORMATION ACCESS.
1. The board may provide information from the program to the
following:
a. (1) A pharmacist or prescribing practitioner who requests
the information and certifies in a form specified by the board that
it is for the purpose of providing medical or pharmaceutical care to
a patient of the pharmacist or prescribing practitioner. Neither a
pharmacist nor a prescribing practitioner may delegate program
information access to another individual.
(2) Notwithstanding subparagraph (1), a prescribing practitioner
may delegate program information access to another licensed health
care professional only in emergency situations where the patient
would be placed in greater jeopardy if the prescribing practitioner
was required to access the information personally.
b. An individual who requests the individual's own program
information in accordance with the procedure established in rules of
the board and advisory council adopted under section 124.554.
c. Pursuant to an order, subpoena, or other means of legal
compulsion for access to or release of program information that is
issued based upon a determination of probable cause in the course of
a specific investigation of a specific individual.
2. The board shall maintain a record of each person that requests
information from the program. Pursuant to rules adopted by the board
and advisory council under section 124.554, the board may use the
records to document and report statistical information.
3. Information contained in the program and any information
obtained from it, and information contained in the records of
requests for information from the program, is privileged and strictly
confidential information. Such information is a confidential public
record pursuant to section 22.7, and is not subject to discovery,
subpoena, or other means of legal compulsion for release except as
provided in this division. Information from the program shall not be
released, shared with an agency or institution, or made public except
as provided in this division.
4. Information collected for the program shall be retained in the
program for four years from the date of dispensing. The information
shall then be destroyed.
5. A pharmacist or other dispenser making a report to the program
reasonably and in good faith pursuant to this division is immune from
any liability, civil, criminal, or administrative, which might
otherwise be incurred or imposed as a result of the report.
6. Nothing in this section shall require a pharmacist or
prescribing practitioner to obtain information about a patient from
the program. A pharmacist or prescribing practitioner does not have
a duty and shall not be held liable in damages to any person in any
civil or derivative criminal or administrative action for injury,
death, or loss to person or property on the basis that the pharmacist
or prescribing practitioner did or did not seek or obtain or use
information from the program. A pharmacist or prescribing
practitioner acting reasonably and in good faith is immune from any
civil, criminal, or administrative liability that might otherwise be
incurred or imposed for requesting or receiving or using information
from the program.
7. The board shall not charge a fee to a pharmacy, pharmacist, or
prescribing practitioner for the establishment, maintenance, or
administration of the program, including costs for forms required to
submit information to or access information from the program, except
that the board may charge a fee to an individual who requests the
individual's own program information. A fee charged pursuant to this
subsection shall not exceed the actual cost of providing the
requested information and shall be considered a repayment receipt as
defined in section 8.2. Section History: Recent Form
2006 Acts, ch 1147, §4, 11; 2007 Acts, ch 8, §19; 2007 Acts, ch
126, §27, 28
Referred to in § 22.7, 124.554 Footnotes
For future repeal of this section effective June 30, 2011, see
2009 Acts, ch 36, § 3