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10.47.07.00.htm 10.47.07.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION Chapter 07 Prescription Drug Monitoring Program Authority: Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland
10.47.07.01.htm 10.47.07.01. 01 Scope.. This chapter sets forth the requirements for monitoring the prescribing and dispensing of controlled dangerous substances under the Prescription Drug Monitoring Program.
10.47.07.02.htm 10.47.07.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Authorized licensed health care practitioner” means a licensed health care practitioner who is authorized by a prescriber or dispenser to access prescription monitoring data in connection with the medical care of a patient to whom the prescriber prescribes or the dispenser dispenses a monitored prescription drug.2) "Business day" means any day except Saturday, S
10.47.07.03.htm 10.47.07.03. 03 Dispenser Reporting.. A. For each monitored prescription drug dispensed, the dispenser shall report the following prescription monitoring data to the Department:1) Identifying information for the prescription issued and drug dispensed, including:. a) Prescription number;. b) Date prescription was issued;. c) Date prescription was filled;. d) Whether the prescription was new or a refill;. e) Number of refills ordered;. f) Sources of payment;.
10.47.07.04.htm 10.47.07.04. 04 Review of Prescription Monitoring Data.. The Program may review prescription monitoring data for indications of possible misuse or abuse of a monitored prescription drug.
10.47.07.05.htm 10.47.07.05. 05 Disclosure of Prescription Monitoring Data.. A. Registration of a Prescriber, a Dispenser, or an Authorized Licensed Health Care Practitioner to Request Prescription Monitoring Data.1) A prescriber, a dispenser, or an authorized licensed health care practitioner shall register with the Department or its agent, in a manner specified by the Department, in order to request disclosure of or otherwise access prescription monitoring data.2) The Department or its agent shall:.
10.47.07.06.htm 10.47.07.06. 06 Notice to Patients.. A. Dispenser.. 1) Any dispenser who intends to request prescription monitoring data from the Program may post a sign that can be easily viewed by the public at the place where the prescription is delivered to the dispenser.2) The sign shall disclose to the public that the dispenser may access prescription monitoring data on a patient for whom a prescription for a monitored prescription drug is presented.3) In lieu of posting a sign, the dispenser may pr
10.47.07.07.htm 10.47.07.07. 07 Confidentiality.. A. Prescription monitoring data are confidential, privileged, not subject to discovery, subpoena, or other means of legal compulsion in civil litigation, and are not public records.B. The Program shall ensure that confidential or privileged patient information be kept confidential and that 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 man
10.47.07.08.htm 10.47.07.08. 08 Penalties and Sanctions.. A. Civil Penalties. A dispenser who knowingly fails to submit prescription monitoring data to the Program as required by Regulation .03 of this chapter shall be subject to a civil penalty not exceeding $500 for each failure to submit required information.B. Criminal Penalties. A person who knowingly discloses, uses, obtains, or attempts to obtain by fraud or deceit prescription monitoring data in violation of in Health-General Article, §21-2A, Annotat
10.47.07.09.htm 10.47.07.09. 09 General Provisions.. A. The Program shall make available the information technology necessary for dispensers to report prescription monitoring data to the Program.B. The Program may not impose any fees or other assessments on prescribers or dispensers to support the operation of the Program.C. A prescriber or dispenser:. 1) Is not required or obligated to access or use the prescription monitoring data available under the Program; and2) When acting in good fa
10.47.07.9999.htm 10.47.07.9999. Administrative History Effective date: January 7, 2013 (39:26 Md. R. 1665). Regulation .04H amended effective October 28, 2013 (40:21 Md. R. 1775). Regulation .08D amended effective October 28, 2013 (40:21 Md. R. 1775) ―. Chapter revised effective June 8, 2015 (42:11 Md. R.725). Regulation .05 amended effective February 29, 2016 (43:4 Md. R. 332).
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