Cal. Code Regs. tit. 11 § 827.6

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 827.6 - Procedures for Use of CURES
(a) Subject to the restrictions of this section, a Law Enforcement-User must only access the Web-Based Application.
(b) A Law Enforcement-User must create a Compliant Password every 90 days.
(c) Procedure to Complete an Annual Renewal.
(1) A Law Enforcement-User must complete the Annual Renewal every 365 days.
(2) A Law Enforcement-User must update the Law Enforcement-User's information provided under section 827.2, subdivision (c)(2), on the Annual Renewal, if applicable.
(3) To submit the Annual Renewal, a Law Enforcement-User must agree to the Terms and Conditions of CURES.
(d) Procedure to Request a Patient Activity Report.
(1) To request a Patient Activity Report, a Law Enforcement-User must:
(A) Indicate whether the search is for a civil or criminal investigation.
1. If the search is for a civil investigation, the Law Enforcement-User must submit a request to CURES PDMP for manual processing that meets the requirements of section 827.4, subdivision (k).
2. If the search is for a criminal investigation, the Law Enforcement-User may complete the request in accordance with the requirements of section 827.6, subdivision (d)(1)(B).
(B) Provide a search authorization that includes all of the following:
1. Case number.
2. Violation code or crime code, unless otherwise specified in section 827.4, subdivision (k)(2)(A).
3. Search warrant, court order, or documentation of an approved exception specified in section 827.4, subdivision (m).
a. Unless otherwise approved in writing by the Department, a Law Enforcement-User must submit to CURES PDMP, for manual processing, an approved exception that meets the requirements of section 827.4, subdivision (m)(2).
4. Supporting document type.
(C) Certify and submit the search authorization for pre-approval by CURES PDMP.
(D) If the search authorization is approved by CURES PDMP, provide search criteria that include, at a minimum, all of the following:
1. Patient first name and patient last name.
2. Patient date of birth.
3. Search Period.
(E) Agree to the Terms and Conditions of CURES.
(F) Select the applicable Patient Entity or Patient Entities from the Patient Picklist.
(e) Procedure to Request a Prescription History Report.
(1) To request a Prescription History Report, a Law Enforcement-User must:
(A) Indicate whether the search is for a civil or criminal investigation.
(B) Provide a search authorization that includes both of the following:
1. Case number.
2. Violation code or crime code.
(C) Certify and submit the search authorization.
(D) Indicate the Prescription History Report type and complete the applicable procedure as follows:
1. To request a Prescriber History Report, a Law Enforcement-User must:
a. Provide search criteria that include, at a minimum, both of the following:
(i) Prescriber first name and Prescriber last name, or Prescriber DEA Number.
(ii) Search Period.
b. Agree to Terms and Conditions of CURES.
c. Select the applicable Prescriber from the picklist.
2. To request a Pharmacy History Report, a Law Enforcement-User must:
a. Provide search criteria that include, at a minimum, both of the following:
(i) Pharmacy name, pharmacy license number, or DEA Number.
(ii) Search Period.
b. Agree to the Terms and Conditions of CURES.
c. Select the applicable pharmacy from the picklist.
3. To request a Serialized Prescription History Report, a Law Enforcement-User must:
a. Provide search criteria that include, at a minimum, a starting prescription form serial number.
b. Agree to the Terms and Conditions of CURES.
(f) Procedure to request a Serialized Prescription Form Report.
(1) To request a Serialized Prescription Form Report, a Law Enforcement-User must:
(A) Indicate the Serialized Prescription Form Report type and complete the applicable procedure as follows:
1. To request a Serialized Prescription Form Report by prescriber, a Law Enforcement-User must provide search criteria that include all of the following:
a. Prescriber first name and Prescriber last name, or Prescriber DEA Number.
b. Date search type.
c. Search Period.
2. To request a Serialized Prescription Form Report by prescription form serial number, a Law Enforcement-User must provide search criteria that include all of the following:
a. A starting prescription serial number.
b. Date search type.
c. Search Period.
3. To request a Serialized Prescription Form Report by security printer, a Law Enforcement-User must provide search criteria that include all of the following:
a. Security printer name.
b. Date search type.
c. Search Period.
(g) Procedure to Request a Prescription Form Theft or Loss Report.
(1) To request a Prescription Form Theft or Loss Report, a Law Enforcement-User must:
(A) Indicate the Prescription Form Theft or Loss Report type and complete the applicable procedure, as follows:
1. To request a Prescription Form Theft or Loss Report by Prescriber or Pharmacist, a Law Enforcement-User must provide search criteria that include, at a minimum, all of the following:
a. First name and last name of the Prescriber or Pharmacist, DEA Number of the Prescriber or Pharmacist, or Category of Licensure of the Prescriber or Pharmacist.
b. Date search type.
c. Search Period.
2. To request a Prescription Form Theft or Loss Report by prescription form serial number, a Law Enforcement-User must provide search criteria that include, at a minimum, all of the following:
a. A starting prescription form serial number.
b. Date search type.
c. Search Period.
3. To request a Prescription Form Theft or Loss Report by theft or loss details, a Law Enforcement-User must provide search criteria that include, at a minimum, all of the following:
a. Reporter type, type of theft or loss, city theft or loss occurred, county theft or loss occurred, or current report status.
b. Date search type.
c. Search Period.

Cal. Code Regs. Tit. 11, § 827.6

1. Renumbering and amendment of former section 825.6 to section 827.6 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Section 11165, Health and Safety Code.

1. Change without regulatory effect renumbering and amending former section 825, subsections (f)-(f)(6)(A)(vi) to new section 825.6 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering and amendment of former section 825.6 to section 827.6 filed 8-15-2022; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).