N.M. Admin. Code § 16.19.29.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.19.29.9 - DISCLOSURE OF PRESCRIPTION INFORMATION

A. Prescription information submitted to the board shall not be subject to the Inspection of the Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978 and shall be confidential except as provided in Subsections C through G of 16.19.29.9 NMAC.

B. The board shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained in the PMP is not disclosed to persons except as provided in Subsection C through G of 16.19.29.9 NMAC.

C. Board inspectors may review prescription information after receiving complaints, and in the course of their enforcement of board administered statutes and regulations.

D. The board shall be authorized to provide PMP information to the following persons:

(1) persons authorized to prescribe or dispense controlled substances, for the purpose of providing medical or pharmaceutical care for their patients;

(2) a consultant pharmacist for the purpose of providing pharmaceutical care for a facility's patients; and in ensuring that facility records appropriately account for controlled substance receipt, administration and disposition;

(3) a delegate designated by a practitioner; or pharmacist; who must also maintain an active account, can designate one or more (up to four) delegates for the purpose of requesting and receiving PMP reports for the practitioner or pharmacist; the practitioner or pharmacist shall be responsible for terminating the delegate's access to the PMP within five business days of a delegate's authorization ending;

(4) state practitioner licensing boards whose licensees have prescriptive authority for controlled substances, including the medical board, board of nursing, board of veterinarian medicine, board of dental health care, board of examiners in optometry, board of osteopathic medicine, board of acupuncture and oriental medicine, and board of podiatry, as the PMP information relates to their licensees;

(5) practitionerlicensing authorities of other states if their licensees practice in this state or prescriptions provided by their licensees are dispensed in this state;

(6) local, state and federal law enforcement or prosecutorial officials engaged in an ongoing investigation of an individual in the enforcement of the laws governing licit drugs;

(7) the state human services department regarding medicaid program recipients;

(8) a state metropolitan, magistrate and district, or federal court as required by a grand jury subpoena or criminal court order;

(9) state drug court personnel as authorized by the PMP director;

(10) personnel of the board for purposes of administration and enforcement of this rule or of 16.19.20 NMAC;

(11) the prescription monitoring program of another state or group of states with whom the state has established an interoperability agreement;

(12) a living individual who request's his or her own PMP report in accordance with procedures established under the Pharmacy Act, Subsection D of Section 61-11-2 NMSA 1978 and Subsection H of 16.19.6.23 NMAC, or an agent authorized by the living individual along with a valid HIPAA release form or court issued subpoena, or;

(13) a parent to have access to the prescription records about his or her minor child, as his or her minor child's personal representative when such access is not inconsistent with state or other laws;

(14) licensed healthcare professionals (nurses, pharmacists and practitioners) from Medicare, health insurers, workers compensation program/insurers and pharmacy benefit managers for persons enrolled in or covered by their programs, as part of patient care for those persons.

E. The board shall use de-identified data obtained from the PMP database to identify and report to state and local public health authorities the geographic areas of the state where anomalous prescribing dispensing or use of controlled substances is occurring.

F. The board shall share PMP database data with the department of health for the purpose of tracking inappropriate prescribing and misuse of controlled substances or drug(s) of concern, including drug overdose.

G. The board shall provide data to public or private entities for statistical, research, or educational purposes after removing information that could be used to identify individual patients and persons who have received prescriptions from dispensers.

H. PMP information gained from other states' prescription monitoring programs shall not be subject to civil subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in any civil proceeding for any reason.

N.M. Admin. Code § 16.19.29.9

16.19.29.9 NMAC - N, 07-15-04; A, 06-11-11; A, 08-31-12, Amended by New Mexico Register, Volume XXVI, Issue 05, March 16, 2015, eff. 3/22/2015, Amended by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/27/2016, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/25/2018, Amended by New Mexico Register, Volume XXXIV, Issue 04, February 28, 2023, eff. 2/28/2023