NY Pub Health L § 3371 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 6 - Records and Reports 3371 - Confidentiality of Certain Records, Reports, and Information.

§  3371. Confidentiality of certain records, reports, and information. 1. No person, who has knowledge by virtue of his or her  office  of  the identity  of  a  particular patient or research subject, a manufacturing process, a trade secret or a formula shall disclose such  knowledge,  or any report or record thereof, except:  (a)  to  another  person  employed  by the department, for purposes of executing provisions of this article;  (b) pursuant to  judicial  subpoena  or  court  order  in  a  criminal investigation or proceeding;  (c)  to  an  agency,  department  of  government,  or  official  board authorized to regulate, license or otherwise supervise a person  who  is authorized  by  this article to deal in controlled substances, or in the course of any investigation or proceeding  by  or  before  such  agency, department or board;  (d)  to the prescription monitoring program registry and to authorized users of such registry as set forth in subdivision two of this section;  (e) to a practitioner to inform him or her that a patient may be under treatment with a controlled substance by another  practitioner  for  the purposes  of  subdivision  two  of  this  section, and to facilitate the department's  review  of  individual  challenges  to  the  accuracy   of controlled  substances  histories pursuant to subdivision six of section thirty-three hundred forty-three-a of this article;  (f) to a pharmacist to provide information regarding prescriptions for controlled substances presented to the pharmacist for  the  purposes  of subdivision  two  of  this  section  and  to facilitate the department's review of individual challenges to the accuracy of controlled substances histories pursuant to subdivision six of  section  thirty-three  hundred forty-three-a of this article;  (g)  to the deputy attorney general for medicaid fraud control, or his or her designee, in furtherance of an investigation of fraud,  waste  or abuse  of  the  Medicaid  program,  pursuant  to  an  agreement with the department;  (h) to a local health department for the purpose of conducting  public health  research  or  education:  (i)  pursuant to an agreement with the commissioner; (ii) when  the  release  of  such  information  is  deemed appropriate  by  the  commissioner;  (iii)  for  use  in accordance with measures required by the commissioner to ensure that  the  security  and confidentiality  of  the  data  is  protected;  and  (iv)  provided that disclosure  is  restricted  to  individuals  within  the  local   health department who are engaged in the research or education;  (i)  to a medical examiner or coroner who is an officer of or employed by a state or local government, pursuant to his or her official  duties; and  (j) to an individual for the purpose of providing such individual with his   or  her  own  controlled  substance  history  or,  in  appropriate circumstances, in the case of a  patient  who  lacks  capacity  to  make health  care  decisions,  a  person who has legal authority to make such decisions for the patient  and  who  would  have  legal  access  to  the patient's health care records, if requested from the department pursuant to subdivision six of section thirty-three hundred forty-three-a of this article or from a treating practitioner pursuant to subparagraph (iv) of paragraph (a) of subdivision two of this section.   * 2.  The  prescription  monitoring  program registry may be accessed, under such terms and conditions as are established by the department for purposes  of  maintaining  the  security  and  confidentiality  of   the information contained in the registry, by:  (a)  a  practitioner,  or  a  designee authorized by such practitioner pursuant to paragraph (b) of subdivision  two  of  section  thirty-three  hundred  forty-three-a,  section  thirty-three hundred sixty-one of this article or section thirty of the cannabis law, for the purposes of:  (i) informing  the practitioner that a patient may be under treatment with a controlled   substance  by  another  practitioner;  (ii)  providing  the practitioner with notifications  of  controlled  substance  activity  as deemed  relevant  by  the  department,  including  but  not limited to a notification made available on a monthly or other periodic basis through the registry of controlled substances activity pertaining to his or  her patient;  (iii)  allowing  the practitioner, through consultation of the prescription monitoring program registry, to review his or her patient's controlled  substances  history  as  required  by  section  thirty-three hundred  forty-three-a,  section  thirty-three hundred sixty-one of this article or section thirty of the cannabis law; and (iv) providing to his or her patient, or  person  authorized  pursuant  to  paragraph  (j)  of subdivision  one of this section, upon request, a copy of such patient's controlled substance history as is available to the practitioner through the prescription monitoring program registry; or  (b) a pharmacist, pharmacy intern or other designee authorized by  the pharmacist  pursuant  to  paragraph  (b) of subdivision three of section thirty-three hundred forty-three-a of this article, for the purposes of: (i) consulting the prescription monitoring program  registry  to  review the  controlled substances history of an individual for whom one or more prescriptions for controlled substances or certifications  for  cannabis is presented to the pharmacist, pursuant to section thirty-three hundred forty-three-a  of  this  article; and (ii) receiving from the department such  notifications  of  controlled  substance  activity  as  are   made available by the department; or  (c)  an individual employed by a registered organization as defined in section three of the cannabis law, for the  purpose  of  consulting  the prescription  monitoring  program  registry  to  review  the  controlled substances history of an individual for whom one or more  certifications for  cannabis  is presented to that registered organization, pursuant to section thirty-three hundred  sixty-four  of  this  article  or  section thirty-four  of  the  cannabis  law. Unless otherwise authorized by this article or by the cannabis law, an individual employed by  a  registered organization  will  be  provided  access  to the prescription monitoring program in the sole discretion of the commissioner.   * NB Effective until July 5, 2028   * 2. The prescription monitoring program  registry  may  be  accessed, under such terms and conditions as are established by the department for purposes   of  maintaining  the  security  and  confidentiality  of  the information contained in the registry, by:  (a) a practitioner, or a  designee  authorized  by  such  practitioner pursuant  to  paragraph  (b)  of subdivision two of section thirty-three hundred  forty-three-a  of  this  article,  for  the  purposes  of:  (i) informing  the practitioner that a patient may be under treatment with a controlled  substance  by  another  practitioner;  (ii)  providing   the practitioner  with  notifications  of  controlled  substance activity as deemed relevant by the  department,  including  but  not  limited  to  a notification made available on a monthly or other periodic basis through the  registry of controlled substances activity pertaining to his or her patient; (iii) allowing the practitioner, through  consultation  of  the prescription monitoring program registry, to review his or her patient's controlled  substances  history  as  required  by  section  thirty-three hundred forty-three-a of this article; and (iv) providing to his or  her patient,  or  person authorized pursuant to paragraph (j) of subdivision one of this section, upon request, a copy of such  patient's  controlled  substance  history  as  is  available  to  the  practitioner through the prescription monitoring program registry; or  (b)  a pharmacist, pharmacy intern or other designee authorized by the pharmacist pursuant to paragraph (b) of  subdivision  three  of  section thirty-three hundred forty-three-a of this article, for the purposes of: (i)  consulting  the  prescription monitoring program registry to review the controlled substances history of an individual for whom one or  more prescriptions  for controlled substances is presented to the pharmacist, pursuant to section thirty-three hundred forty-three-a of this  article; and  (ii) receiving from the department such notifications of controlled substance activity as are made available by the department.   * NB Effective July 5, 2028   3. Where it has  reason  to  believe  that  a  crime  related  to  the diversion  of  controlled  substances has been committed, the department may notify appropriate law enforcement  agencies  and  provide  relevant information  about the suspected criminal activity, including controlled substances  prescribed  or  dispensed,  as  reasonably  appears  to   be necessary.  The  department  shall  keep  a  record  of  the information provided, including,  but  not  limited  to:  the  specific  information provided  and  the  agency  to  which  such  information  was  provided, including the name and title of the person to whom such information  was provided  and  an  attestation  from  such  person  that  he  or she has authority to receive such information.   4.  In  the  course  of  any  proceeding  where  such  information  is disclosed,  except when necessary to effectuate the rights of a party to the proceeding, the court or presiding officer shall take such action as is necessary to insure that such information, or  record  or  report  of such information is not made public.