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

§  3371-a.  Disclosure of certain records, reports, and information to another state. 1. The commissioner is authorized  to  disclose  records, reports  and information filed pursuant to sections thirty-three hundred thirty-one and thirty-three hundred thirty-three of this article: (a) to another  state's  controlled  substance  monitoring  program  or   other authorized   agency   with  which  the  department  has  established  an interoperability agreement, pursuant to judicial subpoena or court order in a criminal investigation or proceeding in that state;  (b) to another state's agency, department, or  board  with  which  the department  has  established  an interoperability agreement and which is authorized to regulate,  license,  register  or  otherwise  supervise  a person who is authorized by law to deal in controlled substances, in the course  of  any  investigation  or  proceeding by or before such agency, department or board;  (c) to another state's  controlled  substance  monitoring  program  or other  authorized  agency  with  which the department has established an interoperability agreement to inform a  practitioner  in  another  state that  a  patient  may  be under treatment with a controlled substance by another practitioner; or  (d) to another state's  controlled  substance  monitoring  program  or other  authorized  agency  with  which the department has established an interoperability agreement to inform a pharmacy in another state that  a person  who  presents  or  has  presented a prescription for one or more controlled substances at the pharmacy may have also obtained  controlled substances  at  another  pharmacy  where  the  circumstances  indicate a possibility of drug abuse or diversion, potential harm to the person, or similar grounds under regulations of the commissioner.   2. Records, reports, and information disclosed under the provisions of this section shall be in accordance with regulations promulgated by  the commissioner and shall include, but not be limited to:  (a) the authentication of the person requesting such information;  (b)  an attestation from the person requesting the information that he or she has authority to request and receive such information,  and  that such  information  will  only be used consistent with the purpose of the request for such information;  (c) a statement of the purpose of the request  for  such  information; and  (d)  ensuring  that  such information is, or will be, transmitted in a secure manner.   3. Every agreement under subdivision one of this section shall:  (a) require reciprocity with the department on the part of every other party to the agreement;  (b)  guarantee  protection  for  the  confidentiality  of  information disclosed  at least as strong as the protections that would apply to the information when in the possession of the department, including remedies for breaches of confidentiality; and  (c) be subject to renewal not less frequently than every two years.