Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.07 Prescription Drug Monitoring Program

Authority: Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland

Notice of Final Action

[12-153-F]

On December 14, 2012, the Secretary of Health and Mental Hygiene adopted new Regulations .01—.08 under a new chapter, COMAR 10.47.07 Prescription Drug Monitoring Program. This action, which was proposed for adoption in 39:13 Md. R. 801—806 (June 29, 2012), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 7, 2013.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .04C: The inserted language is derived directly from the statutory authority for the regulation and serves to provide a more comprehensive restatement of the existing law.

Regulation .08D: The inserted language is derived directly from the statutory authority for the regulation and serves to provide a more comprehensive restatement of the existing law.

.04 Disclosure of Prescription Monitoring Data.

A.—B. (proposed text unchanged)

C. Disclosure of Prescription Monitoring Data to a Federal, State, or Local Law Enforcement Agency. The Program shall disclose prescription monitoring data to a federal, State, or local law enforcement agency, for the purpose of furthering an existing bona fide individual investigation, on receipt of a subpoena that:

(1)—(4) (proposed text unchanged)

D.—J. (proposed text unchanged)

.08 General Provisions.

A.—C. (proposed text unchanged)

D. Redisclosure of prescription monitoring data received under Health-General Article, §21-2A-06, Annotated Code of Maryland, and Regulation .04 of this chapter is prohibited unless intended to facilitate the treatment of a patient and is consistent with all other State and federal laws and regulations governing the security and confidentiality of protected health information and personal medical records. The release of prescription monitoring data by a prescriber or dispenser 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, §21-2A, Annotated Code of Maryland.

E.—F. (proposed text unchanged)

JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene