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 pharmacist:

(1) Is not required or obligated to access or use the prescription monitoring data available under the Program; and

(2) When acting in good faith, is not subject to liability or disciplinary action arising solely from:

(a) Requesting or receiving, or failing to request or receive, prescription monitoring data from the Program; or

(b) Acting, or failing to act, on the basis of prescription monitoring data provided by the Program.

D. Redisclosure of Prescription Monitoring Data.

(1) Prescription monitoring data received under Health-General Article, §21-2A-06, Annotated Code of Maryland, and Regulation .04 of this chapter may be redisclosed only:

(a) In a manner consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. §1320d et seq., as amended, and all other State and federal laws and regulations governing the security and confidentiality of protected health information and personal medical records; or

(b) For entities to which the Program has disclosed data in accordance with Regulation .05C—E and H of this chapter, to another agency cooperating with or providing support for the original data recipientís existing, bona fide, individual investigation.

(2) The release of prescription monitoring data by a prescriber or pharmacist to a licensed health care professional solely for treatment purposes in a manner otherwise consistent with State and federal law is not a violation of Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland.

E. The Program shall retain prescription monitoring data for 5 years from the date of receipt.

F. A member of the Technical Advisory Committee:

(1) Shall serve for a term of 3 years from the date of appointment; and

(2) May be reappointed at the discretion of the Secretary.