65-1685. Same; database information privileged and confidential; persons authorized to receive data.
65-1685
65-1685. Same; database information privileged andconfidential; persons authorized to receive data.(a) The prescription monitoring program database, allinformation contained therein and any records maintained by theboard, or by any entity contracting with the board, submitted to,maintained or stored as a part of the database, shall beprivileged and confidential, shall not be subject to subpoena or discoveryin civil proceedings and may only be used forinvestigatory or evidentiary purposes related to violations ofstate or federal law and regulatory activities of entitiescharged with administrative oversight of those persons engaged inthe prescribing or dispensing of scheduled substances and drugs of concern,shall not be apublic record and shall not besubject to the Kansas open records act, K.S.A. 45-215 etseq., and amendments thereto, except asprovided in subsections (c) and (d).
(b) The board shall maintain procedures to ensure that the privacy andconfidentiality of patients and patient information collected, recorded,transmitted and maintained is not disclosed to persons except as provided insubsections (c) and (d).
(c) The board is hereby authorized to provide data in the prescriptionmonitoring program to the following persons:
(1) Persons authorized to prescribe or dispense scheduled substances anddrugs of concern, forthe purpose of providing medical or pharmaceutical care for their patients;
(2) an individual who requests the individual's own prescription monitoringinformation in accordance with procedures established by the board;
(3) designated representatives from the professional licensing, certificationor regulatory agencies charged with administrative oversight of those personsengaged in the prescribing or dispensing ofscheduled substances and drugs of concern;
(4) local, state and federal law enforcement or prosecutorial officialsengaged in the administration, investigation or enforcement of the lawsgoverning scheduled substances and drugs of concernsubject to the requirements in K.S.A. 22-2502, and amendments thereto;
(5) designated representatives from the Kansas health policy authorityregarding authorized medicaid program recipients;
(6) persons authorized by a grand jury subpoena, inquisition subpoena orcourt order in a criminal action;
(7) personnel of the prescription monitoring program advisory committee forthe purpose of operation of the program; and
(8) personnel of the board for purposes of administration and enforcement ofthis act or the uniform controlled substances act, K.S.A 65-4101 et seq., andamendments thereto.
(d) The board is hereby authorized to provide data in the prescriptionmonitoring program to public or private entities for statistical, research oreducational purposes after removing information that could be used to identifyindividual practitioners, dispensers, patients or persons who receivedprescriptions from dispensers.
History: L. 2008, ch. 104, § 5; July 1.