ORS 431A.865
Disclosure of information

  • corrections
  • records
  • immunity from liability

(1)

Intentionally left blank —Ed.

(a)

Except as provided under subsections (2) and (3) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program established in ORS 431A.855 (Establishment of program):

(A)

Is protected health information under ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information).

(B)

Is confidential and not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(b)

Except as provided under subsection (3)(a)(H) of this section, prescription monitoring information submitted under ORS 431A.860 (Duty of pharmacy to report to program) to the prescription monitoring program may not be used to evaluate a practitioner’s professional practice.

(2)

The Oregon Health Authority may review the prescription monitoring information of an individual who dies from a drug overdose.

(3)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (c) of this subsection, the Oregon Health Authority shall disclose prescription monitoring information reported to the authority under ORS 431A.860 (Duty of pharmacy to report to program):

(A)

To a practitioner or pharmacist, or, if a practitioner or pharmacist authorizes the authority to disclose the information to a member of the practitioner’s or pharmacist’s staff, to a member of the practitioner’s or pharmacist’s staff. If a practitioner or pharmacist authorizes disclosing the information to a member of the practitioner’s or pharmacist’s staff under this subparagraph, the practitioner or pharmacist remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph, a practitioner or pharmacist must certify that the requested information is for the purpose of evaluating the need for or providing medical or pharmaceutical treatment for a patient to whom the practitioner or pharmacist anticipates providing, is providing or has provided care.

(B)

To a dental director, medical director or pharmacy director, or, if a dental director, medical director or pharmacy director authorizes the authority to disclose the information to a member of the dental director’s, medical director’s or pharmacy director’s staff, to a member of the dental director’s, medical director’s or pharmacy director’s staff. If a dental director, medical director or pharmacy director authorizes disclosing the information to a member of the dental director’s, medical director’s or pharmacy director’s staff under this subparagraph, the dental director, medical director or pharmacy director remains responsible for the use or misuse of the information by the staff member. To receive information under this subparagraph, or to authorize the receipt of information by a staff member under this subparagraph:
(i)
A dental director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, dental clinic or office, or a system of dental clinics or offices, and ensuring the delivery of quality dental care within the coordinated care organization, clinic, office or system.
(ii)
A medical director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, hospital, health care clinic or system of hospitals or health care clinics and ensuring the delivery of quality health care within the coordinated care organization, hospital, clinic or system.
(iii)
A pharmacy director must certify that the requested information is for the purposes of overseeing the operations of a coordinated care organization, pharmacy or system of pharmacies and ensuring the delivery of quality pharmaceutical care within the coordinated care organization, pharmacy or system.

(C)

In accordance with subparagraphs (A) and (B) of this paragraph, to an individual described in subparagraphs (A) and (B) of this paragraph through a health information technology system that is used by the individual to access information about patients if:
(i)
The individual is authorized to access the information in the health information technology system;
(ii)
The information is not permanently retained in the health information technology system, except for purposes of conducting audits and maintaining patient records; and
(iii)
The health information technology system meets any privacy and security requirements and other criteria, including criteria required by the federal Health Insurance Portability and Accountability Act, established by the authority by rule.

(D)

To a practitioner in a form that catalogs all prescription drugs prescribed by the practitioner according to the number assigned to the practitioner by the Drug Enforcement Administration of the United States Department of Justice.

(E)

To the Chief Medical Examiner or designee of the Chief Medical Examiner, for the purpose of conducting a medicolegal investigation or autopsy.

(F)

To designated representatives of the authority or any vendor or contractor with whom the authority has contracted to establish or maintain the electronic system established under ORS 431A.855 (Establishment of program).

(G)

Pursuant to a valid court order based on probable cause and issued at the request of a federal, state or local law enforcement agency engaged in an authorized drug-related investigation involving a person to whom the requested information pertains.

(H)

To a health professional regulatory board that certifies in writing that the requested information is necessary for an investigation related to licensure, license renewal or disciplinary action involving the applicant, licensee or registrant to whom the requested information pertains.

(I)

Pursuant to an agreement entered into under ORS 431A.869 (Sharing and use of program information with other states).

(b)

The authority may disclose information from the prescription monitoring program that does not identify a patient, practitioner or drug outlet:

(A)

For educational, research or public health purposes;

(B)

For the purpose of educating practitioners about the prescribing of opioids and other controlled substances;

(C)

To a health professional regulatory board;

(D)

To a local public health authority, as defined in ORS 431.003 (Definitions); or

(E)

To officials of the authority who are conducting special epidemiologic morbidity and mortality studies in accordance with ORS 413.196 (Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies) and rules adopted under ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties).

(c)

The authority may not disclose, except as provided in paragraph (b) of this subsection:

(A)

Prescription drug monitoring information to the extent that the disclosure fails to comply with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and regulations adopted under that law, including 45 C.F.R. parts 160 and 164, federal alcohol and drug treatment confidentiality laws and regulations, including 42 C.F.R. part 2, and state health and mental health confidentiality laws, including ORS 179.505 (Disclosure of written accounts by health care services provider), 192.517 (Access to records of individual with disability or individual with mental illness) and 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information).

(B)

The sex of a patient for whom a drug was prescribed.

(C)

The identity of a patient for whom naloxone was prescribed.

(d)

The authority shall disclose information relating to a patient maintained in the electronic system established under ORS 431A.855 (Establishment of program) to that patient at no cost to the patient within 10 business days after the authority receives a request from the patient for the information.

(e)

Intentionally left blank —Ed.

(A)

A patient may request the authority to correct any information related to the patient that is maintained in the electronic system established under ORS 431A.855 (Establishment of program) that is erroneous. The authority shall grant or deny a request to correct information within 10 business days after the authority receives the request. If a request to correct information cannot be granted because the error occurred at the pharmacy where the information was inputted, the authority shall inform the patient that the information cannot be corrected because the error occurred at the pharmacy.

(B)

If the authority denies a patient’s request to correct information under this paragraph, or fails to grant a patient’s request to correct information under this paragraph within 10 business days after the authority receives the request, the patient may appeal the denial or failure to grant the request. Upon receiving notice of an appeal under this subparagraph, the authority shall conduct a contested case hearing as provided in ORS chapter 183. Notwithstanding ORS 183.450 (Evidence in contested cases), the authority has the burden in the contested case hearing of establishing that the information is correct.

(f)

The information in the prescription monitoring program may not be used for any commercial purpose.

(g)

In accordance with ORS 192.553 (Policy for protected health information) to 192.581 (Allowed retention or disclosure of genetic information) and federal laws and regulations related to privacy, any person authorized to prescribe or dispense a prescription drug who is entitled to access a patient’s prescription monitoring information may discuss the information with or release the information to other health care providers involved with the patient’s care for the purpose of providing safe and appropriate care coordination.

(4)

Intentionally left blank —Ed.

(a)

The authority shall maintain records of the information disclosed through the prescription monitoring program including:

(A)

The identity of each person who requests or receives information from the program and any organization the person represents;

(B)

The information released to each person or organization; and

(C)

The date and time the information was requested and the date and time the information was provided.

(b)

Records maintained as required by this subsection may be reviewed by the Prescription Monitoring Program Advisory Commission.

(5)

Information in the prescription monitoring program that identifies an individual patient must be removed no later than three years from the date the information is entered into the program.

(6)

The authority shall notify the Attorney General and each individual affected by an improper disclosure of information from the prescription monitoring program of the disclosure.

(7)

Intentionally left blank —Ed.

(a)

If the authority or a person or entity required to report or authorized to receive or release prescription information under this section violates this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription), a person injured by the violation may bring a civil action against the authority, person or entity and may recover damages in the amount of $1,000 or actual damages, whichever is greater.

(b)

Notwithstanding paragraph (a) of this subsection, the authority and a person or entity required to report or authorized to receive or release prescription information under this section are immune from civil liability for violations of this section or ORS 431A.860 (Duty of pharmacy to report to program) or 431A.870 (Duty of pharmacist to fill prescription) unless the authority, person or entity acts with malice, criminal intent, gross negligence, recklessness or willful intent.

(8)

Nothing in ORS 431A.855 (Establishment of program) to 431A.900 (Civil penalty for violation of ORS 431A.855 to 431A.900) requires a practitioner or pharmacist who prescribes or dispenses a prescription drug to obtain information about a patient from the prescription monitoring program. A practitioner or pharmacist who prescribes or dispenses a prescription drug may not be held liable for damages in any civil action on the basis that the practitioner or pharmacist did or did not request or obtain information from the prescription monitoring program.

(9)

The authority shall, at regular intervals, ensure compliance of a health information technology system described in subsection (3) of this section with the privacy and security requirements and other criteria established by the authority under subsection (3) of this section. [Formerly 431.966; 2016 c.100 §1; 2017 c.151 §24; 2017 c.683 §14; 2019 c.53 §2; 2019 c.470 §7; 2019 c.583 §18]

Source: Section 431A.865 — Disclosure of information; corrections; records; immunity from liability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html.

Notes of Decisions

Federal Controlled Substances Act, 21 U.S.C. 876, preempts requirement under this section that U.S. Drug Enforcement Administration must have order from federal court before enforcing administrative investigative subpoena compelling Oregon Health Authority to disclose prescription records. Oregon Prescription Drug Monitoring Program v. United States DEA, 860 F3d 1228 (9th Cir. 2017)

431A.005
Definitions
431A.010
Power of Oregon Health Authority and local public health administrators to enforce public health laws
431A.015
Authority of Public Health Director to take public health actions
431A.020
Rules
431A.050
Oregon Health Authority to develop comprehensive emergency medical services and trauma system
431A.055
State Trauma Advisory Board
431A.060
Designation of trauma areas
431A.065
Oregon Health Authority to adopt rules for trauma system hospitals
431A.070
Area trauma advisory boards
431A.075
Liability of provider
431A.080
Duties of Oregon Health Authority related to trauma
431A.085
Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority
431A.090
Designation of other trauma centers
431A.095
Reporting of certain patients
431A.100
Release of information from Oregon Trauma Registry
431A.105
Emergency Medical Services for Children Program
431A.125
Oregon Health Authority powers
431A.150
Smoking cessation program reimbursement
431A.153
Tobacco Use Reduction Account
431A.155
Oregon Health Authority to adopt rules for awarding grants
431A.158
Oregon Health Authority to prepare report
431A.175
Definitions
431A.178
Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.183
Agreements to enforce regulation of tobacco products and inhalant delivery systems
431A.190
Definitions for ORS 431A.190 to 431A.216
431A.192
Purpose
431A.194
Licensure requirement
431A.196
Exempted premises
431A.198
Licensure
431A.200
Proof of licensure
431A.202
Revocation, suspension, refusal to issue or renew
431A.204
Seizure and forfeiture of contraband products
431A.206
Suspense account for administration and enforcement
431A.208
Rules
431A.210
Fees
431A.212
Intergovernmental agreements
431A.214
Suspense account for fee money transfers
431A.216
Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems
431A.218
Local regulation
431A.220
Continuity
431A.250
Short title
431A.253
Definitions
431A.255
List of high priority chemicals of concern in children’s products
431A.258
Disclosure by manufacturers
431A.260
Requirement to remove or substitute high priority chemicals of concern
431A.263
Process for substituting chemicals
431A.265
Process for waiving requirement to remove or substitute chemicals
431A.268
Exemption from requirement to remove or substitute chemicals
431A.270
Testing for compliance
431A.273
Participation in Interstate Chemicals Clearinghouse
431A.275
Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263
431A.278
High Priority Chemicals of Concern for Children’s Health Fund
431A.280
Biennial report to Legislative Assembly
431A.300
Definitions
431A.303
Legislative findings
431A.305
Aversive agent required
431A.308
Toxic household products required to comply with aversive agent requirement
431A.310
Limitation on liability
431A.313
Poison Prevention Task Force
431A.315
Efficacy and toxicity data to be made available to task force
431A.318
Reports to Legislative Assembly
431A.320
Enforcement by civil action
431A.323
Prohibited conduct
431A.325
Civil penalty for violation of ORS 431A.300 to 431A.325
431A.350
Lead poisoning
431A.353
Definitions
431A.355
Power of Oregon Health Authority to regulate lead-based paint activities and renovation
431A.358
Performance of lead-based paint activities and renovation without certification prohibited
431A.360
Lead poisoning prevention clearinghouse for schools
431A.363
Civil penalty for violation of ORS 431A.355 or 431A.358
431A.365
Costs imposed pursuant to ORS 431A.363
431A.400
Healthy Homes Program
431A.402
Healthy Homes Repair Fund
431A.410
Grants for clean air programs
431A.412
Department of Human Services as lead state agency for clean air shelter operations
431A.415
Oregon Health Authority grants for purchase of smoke filtration devices
431A.417
Reporting on smoke filtration device grants
431A.450
Automated external defibrillators required at health clubs
431A.455
Automated external defibrillators required at places of public assembly
431A.460
Legislative findings
431A.463
Prohibition on requiring prior authorization of payment for substance use disorder treatment
431A.475
Oregon Health Authority duties
431A.500
Spinal Cord Injury Research Board
431A.505
Duties of board
431A.510
Spinal Cord Injury Research Fund
431A.525
Stroke Care Committee
431A.530
Oregon Health Authority duties
431A.550
Facilities to provide notice
431A.560
Educational materials about breast reconstruction
431A.570
Significant exposure to bodily fluids
431A.575
Oregon Health Authority to provide pamphlets
431A.600
Oregon Health Authority to conduct prevention and education activities
431A.625
Oregon Health Authority to establish services and programs
431A.650
Alzheimer’s Disease Research Fund
431A.655
Control of fund
431A.675
Maternal Mental Health Patient and Provider Education Program
431A.680
Dissemination of informational materials
431A.685
Funding
431A.700
Oregon Health Authority to disseminate information
431A.725
Qualifying schools
431A.750
Examinations by state laboratory
431A.775
Definitions
431A.780
Recombinant DNA research to comply with federal guidelines
431A.850
Definitions
431A.855
Establishment of program
431A.860
Duty of pharmacy to report to program
431A.865
Disclosure of information
431A.866
Prescribing practices
431A.867
Agreement for use of program information
431A.869
Sharing and use of program information with other states
431A.870
Duty of pharmacist to fill prescription
431A.875
Reports to health professional regulatory boards
431A.877
Duty to register
431A.880
Licensing information
431A.890
Prescription Monitoring Program Advisory Commission
431A.895
Term
431A.896
Prescription Monitoring Program Prescribing Practices Review Subcommittee
431A.898
Practitioner training
431A.900
Civil penalty for violation of ORS 431A.855 to 431A.900
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