2023 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.