2023 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.