Section R4-23-503. Access to Controlled Substances Prescription Monitoring Program Data

A.      Except as provided in A.R.S. § 36-2604(B) and (C) and this Section, prescription information submitted to the Board or its designee is confidential and is not subject to public inspection.

B.       The Board or its designee shall review the prescription infor- mation collected under A.R.S. Title 36, Chapter 28 and R4-23-

502. If the Board or its designee has reason to believe an act of unprofessional or illegal conduct has occurred, the Board or its designee shall notify the appropriate professional licensing board or law enforcement or criminal justice agency and pro- vide the prescription information required for an investigation.

C.      The Board or its designee is authorized to release data col- lected by the program to the following:

1.        A person who is authorized to prescribe or dispense a controlled substance to assist that person to provide med- ical or pharmaceutical care to a patient or to evaluate a patient;

2.        An individual who requests the individual's own con- trolled substance prescription information under A.R.S. § 12-2293;

3.        A professional licensing board established under A.R.S. Title 32, Chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25, or

29. Except as required under subsection (B), the Board or its designee shall provide this information only if the requesting board states in writing that the information is necessary for an open investigation or complaint;

4.        A local, state, or federal law enforcement or criminal jus- tice agency. Except as required under subsection (B), the Board or its designee shall provide this information only if the requesting agency states in writing that the informa- tion is necessary for an open investigation or complaint;

5.        The Arizona Health Care Cost Containment System Administration regarding individuals who are receiving services under A.R.S. Title 36, Chapter 29. Except as required under subsection (B), the Board or its designee shall provide this information only if the Administration states in writing that the information is necessary for an open investigation or complaint;

6.        A person serving a lawful order of a court of competent jurisdiction;

7.        A person who is authorized to prescribe or dispense a controlled substance and who performs an evaluation on an individual under A.R.S. § 23-1026; and

8.        The Board staff for purposes of administration and enforcement of A.R.S. Title 36, Chapter 28 and this Arti- cle.

D.      The Board or its designee may provide data to public or pri- vate entities for statistical, research, or educational purposes after removing information that could be used to identify indi- vidual patients or persons who received prescriptions from dis- pensers.

Historical Note

Former Rules 5.3500, 5.3520, 5.3540, 5.3550, 5.3560,

5.3570, 5.3580, 5.3590, 5.4110, and 5.6110; Repealed

effective August 2, 1982 (Supp. 82-4). New Section made by final rulemaking at 14 A.A.R. 3410, effective October 4, 2008 (Supp. 08-3). Section expired under A.R.S. § 41-

1056(J) at 20 A.A.R. 133, effective August 30, 2013 (Supp. 14-1). New Section made by final rulemaking at 20 A.A.R. 1359, effective August 2, 2014 (Supp. 14-2).