reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.5 - Restrictions on Use or Disclosure of Data Obtained from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Prescriber-User must not use, disclose, or
				  transfer data obtained from CURES unless the use, disclosure, or transfer is
				  consistent with all of the following:
(1) The use,
				  disclosure, or transfer is for the same authorized purpose for which the data was
				  originally requested under section
				  821.4.
(2) The use, disclosure, or transfer complies with
				  all applicable federal and State privacy, confidentiality, and security laws and
				  regulations, including, but not limited to:
(A)
				  The Confidentiality of Medical Information Act (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.6 - Procedures for Use of CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Data is
				  available in both of the following environments:
(1) The Web-Based Application.
(2) The Information Exchange Web
				  Service.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.7 - Delegate Use of CURES. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering and amending former section
					 821, subsections (g)-(g)(3)(D)(i)c. to
					 new section 821.7 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Repealer filed 8-15-2022;
					 operative 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11030,
						11165,
						11165.1,
						11165.3,
						11165.4,
						11165.6
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 822 - Pharmacists and Out-of-State Pharmacists. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-14-2020; operative 7-1-2020 (Register 2020, No. 20).
2. Change
					 without regulatory effect renumbering former section
					 822 to new sections
					 822.1-822.7 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11165,
						11165.1
						and
						11165.3,
						Health and Safety Code; and Section
						209,
						Business and Professions Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.1 - Eligibility for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Non-DEA Practitioner may register for access to CURES.
(b) If an individual who is registered for access
				  to CURES as a Non-DEA Practitioner is no longer eligible for access to CURES under
				  this section, the individual must not access CURES.
1. Change without
					 regulatory effect adopting new article 2.2 (sections
					 822.1-822.7) and renumbering former
					 section 822, subsections (a)-(a)(2) to new
					 section 822.1, including amendment of section
					 heading and section, filed 2-2-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Renumbering of former article 2.2
					 to article 2.3, renumbering of former section
					 822.1 to section
					 823.1, new article 2.2 (sections
					 822.1-822.6) and new section
					 822.1 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11030,
						11165,
						11165.1,
						11165.3,
						11165.4,
						11165.6
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.2 - Procedures to Register for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Non-DEA Practitioner Registration
				  Application," when used in this section, means the Web-form application developed by
				  the Department, under Health and Safety Code section
				  11165.1,
				  subdivision (a)(1)(A)(iii), for a Non-DEA Practitioner to obtain approval to
				  electronically access CURES.
(b) An
				  applicant must electronically submit the Non-DEA Practitioner Registration
				  Application, located on the CURES Web page of the Department's Web site.
(c) To complete the Non-DEA Practitioner
				  Registration Application, the applicant must:
(1)
				  If registering for the first time, provide all of the following information to
				  establish an account with the Department:
(A) First
				  name at birth.
(B) Last name at
				  birth.
(C) Mother's maiden
				  name.
(D) City of birth.
(E) Date of birth.
(F) Email address.
(G) Email verification code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.3 - Data Accessible to Non-DEA Practitioner-Users in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  822.4, a Non-DEA Practitioner-User may
				  obtain both of the following:
(1) A Patient
				  Activity Report.
(2) A Delegate Audit
				  Report.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.4 - Restrictions on Accessing Data in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Non-DEA Practitioner-User must only access
				  data in CURES for one or more of the following authorized purposes:
(1) To obtain the Controlled Substance history of
				  a patient Under the Care of the Non-DEA Practitioner-User.
(A) If the patient is Under the Care of the
				  Non-DEA Practitioner-User within the meaning of section
				  820, subdivision (eeee)(1)(B), but the
				  patient does not have an ongoing provider-patient relationship with the Non-DEA
				  Practitioner-User, the Non-DEA Practitioner-User must not access the patient's data
				  in CURES earlier than seven days before the appointment for a professional medical
				  consultation with the Non-DEA Practitioner-User.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.5 - Restrictions on Use or Disclosure of Data Obtained from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Non-DEA Practitioner-User must not use,
				  disclose, or transfer data obtained from CURES unless the use, disclosure, or
				  transfer is consistent with all of the following:
(1) The use, disclosure, or transfer is for the
				  same authorized purpose for which the data was originally requested under section
				  822.4.
(2) The use, disclosure, or transfer complies with
				  all applicable federal and State privacy, confidentiality, and security laws and
				  regulations, including, but not limited to:
(A)
				  The Confidentiality of Medical Information Act (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.6 - Procedures for Use of CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Data is
				  available in both of the following environments:
(1) The Web-Based Application.
(2) The Information Exchange Web
				  Service.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 822.7 - Delegate Use of CURES. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering and amending former section
					 822, subsections (g)-(g)(3)(D)(i)c. to
					 new section 822.7 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Repealer filed 8-15-2022;
					 operative 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11165,
						11165.1
						and
						11165.3,
						Health and Safety Code; and Section
						209,
						Business and Professions Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.2 - Access and Use by Non-DEA Practitioners › Section 823 - Interstate Prescribers and Interstate Pharmacists. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-14-2020; operative 7-1-2020 (Register 2020, No. 20).
2. Change
					 without regulatory effect renumbering former section
					 823 to new sections
					 823.1-823.5 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11165
						and
						11165.4,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.1 - Eligibility for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Pharmacist who possesses a valid California license must register for access to
				  CURES.
(b) An Out-of-State Pharmacist
				  who possesses a valid pharmacist license only in a state or states other than
				  California may register for access to CURES.
(c) If an individual who is registered for access
				  to CURES as a Pharmacist is no longer eligible for access to CURES under this
				  section, the individual must not access CURES.
(d) If an individual who is registered for access
				  to CURES as an Out-of-State Pharmacist is no longer eligible for access to CURES
				  under this section, the individual must not access CURES, and the individual must
				  immediately notify CURES PDMP in writing.
1. Change without
					 regulatory effect adopting new article 2.3 (sections
					 823.1-823.5) and renumbering former
					 section 823, subsections (a)-(a)(1)(D) to new
					 section 823.1, including amendment of section
					 heading and section, filed 2-2-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Renumbering of former article 2.3
					 to article 2.5, renumbering of former section
					 823.1 to section
					 825.1, renumbering of former article
					 2.2 to article 2.3 and renumbering and amendment of former section
					 822.1 to new section
					 823.1 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11165,
						11165.1
						and
						11165.3,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.2 - Procedures to Register for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Pharmacist Registration Application," when
				  used in this section, means the Web-form application developed by the Department,
				  under Health and Safety Code section
				  11165.1,
				  subdivision (a)(1)(A)(ii), for a Pharmacist or Out-of-State Pharmacist to obtain
				  approval to electronically access CURES.
(b) An applicant must electronically submit the
				  Pharmacist Registration Application, located on the CURES Web page of the
				  Department's Web site.
(c) To complete
				  the Pharmacist Registration Application, the applicant must:
(1) If registering for the first time, provide all
				  of the following information to establish an account with the Department:
(A) First name at birth.
(B) Last name at birth.
(C) Mother's maiden name.
(D) City of birth.
(E) Date of birth.
(F) Email address.
(G) Email verification code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.3 - Data Accessible to Pharmacist-Users in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  823.4, a Pharmacist-User may obtain all
				  of the following:
(1) A Patient Activity
				  Report.
(2) A List of Patients, but only
				  if the Pharmacist-User has a DEA Number associated with that Pharmacist-User's CURES
				  account.
(3) A Pharmacist Serialized
				  Prescription Form Report.
(4) A Delegate
				  Audit Report.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.4 - Restrictions on Accessing Data in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Pharmacist-User must only access data in
				  CURES for one or more of the following authorized purposes:
(1) To obtain the Controlled Substance history of
				  a patient Under the Care of the Pharmacist-User.
(2) To obtain a List of Patients for whom the
				  Pharmacist-User is listed as the prescribing Pharmacist or prescribing Out-of-State
				  Pharmacist.
(3) To obtain a Pharmacist
				  Serialized Prescription Form Report of the prescription form status associated with
				  a prescription form serial number reported to CURES.
(4) To obtain a Delegate Audit Report of the
				  patient activity searches conducted by an individual who is or was a Delegate-User
				  of the Pharmacist-User.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.5 - Restrictions on Use or Disclosure of Data Obtained from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Pharmacist-User must not use, disclose, or
				  transfer data obtained from CURES unless the use, disclosure, or transfer is
				  consistent with all of the following:
(1) The use,
				  disclosure, or transfer is for the same authorized purpose for which the data was
				  originally requested under section
				  823.4.
(2) The use, disclosure, or transfer complies with
				  all applicable federal and State privacy, confidentiality, and security laws and
				  regulations, including, but not limited to:
(A)
				  The Confidentiality of Medical Information Act (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 823.6 - Procedures for Use of CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Data is
				  available in both of the following environments:
(1) The Web-Based Application.
(2) The Information Exchange Web
				  Service.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.3 - Access and Use by Pharmacists and Out-of-State Pharmacists › Section 824 - Regulatory Agencies. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-14-2020; operative 7-1-2020 (Register 2020, No. 20).
2. Change
					 without regulatory effect renumbering former section
					 824 to new sections
					 824.1-824.6 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11153,
						11153.5,
						11165,
						11165.4
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.1 - Eligibility for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Subject to the requirements of section
				  824.2, subdivision (a), an individual
				  to whom authority is delegated by an Authorizing User may access data in CURES as a
				  Delegate for that Authorizing User if the individual to whom authority is delegated
				  qualifies as at least one of the following:
(1) A
				  Prescriber, Out-of-State Prescriber, Non-DEA Practitioner, Pharmacist, or
				  Out-of-State Pharmacist, who is under the common control of the same Covered Entity
				  as the Authorizing User.
(2) An
				  Authorized Health Care Provider who is under the common control of the same Covered
				  Entity as the Authorizing User.
(3) A
				  Workforce Member who needs access to Protected Health Information to carry out the
				  Workforce Member's duties.
(4) A
				  Veterinary Workforce Member who needs access to Personal Identifying Information to
				  carry out the Veterinary Workforce Member's duties.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.2 - Delegate Agreement Between Authorizing User and Delegate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Authorizing User must enter into a Delegate
				  Agreement with each Delegate to whom that Authorizing User delegates authority under
				  this article. The Delegate Agreement must meet all of the following requirements:
(1) The Delegate Agreement includes, at a minimum,
				  all of the following:
(A) A statement
				  acknowledging the Authorizing User's understanding of the requirement in section
				  824.6, subdivision (a).
(B) A statement acknowledging the Delegate's
				  understanding of, and agreement to comply with, the laws and regulations governing
				  the Delegate's access and use of CURES, including the requirements on accessing data
				  in CURES under section
				  824.6, and the requirements on use and
				  disclosure of data obtained from CURES under section
				  824.7.
(C) A statement acknowledging the Delegate's
				  understanding that the Delegate's access and use of CURES is subject to audit by the
				  Authorizing User.
(D) A statement
				  acknowledging that the Authorizing User or the Delegate may terminate the Delegate
				  Agreement, in either party's sole discretion, prior to the expiration of the term of
				  that Delegate Agreement.
(E) An
				  effective date of the delegation of authority, and an expiration date of the
				  delegation of authority, which will establish the term of the Delegate
				  Agreement.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.3 - Procedures to Register for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Delegate Registration Application," when used
				  in this section, means the Web-form application developed by the Department, under
				  Health and Safety Code section
				  11165.1,
				  for a Delegate to obtain approval to electronically access CURES.
(b) An applicant must electronically submit the
				  Delegate Registration Application, located on the CURES Web page of the Department's
				  Web site.
(c) To complete the Delegate
				  Registration Application, if registering for the first time, the applicant must:
(1) Provide all of the following information to
				  establish an account with the Department:
(A)
				  First name at birth.
(B) Last name at
				  birth.
(C) Mother's maiden
				  name.
(D) City of birth.
(E) Date of birth.
(F) Email address.
(G) Email verification code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.4 - Procedure to Activate a Delegate Association in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Delegate association may be activated in the
				  Web-Based Application.
(b) To activate a
				  Delegate association in the Web-Based Application, a Delegate-User must provide the
				  Authorizing User's Delegate association code.
1. Change without
					 regulatory effect renumbering and amending former section
					 824, subsections (d)-(d)(3) to new
					 section 824.4 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Renumbering of former section
					 824.4 to section
					 826.4 and new section
					 824.4 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11030,
						11165,
						11165.1,
						11165.3,
						11165.4,
						11165.6
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.5 - Data Accessible to Delegate-Users in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  824.6, a Delegate-User may obtain a
				  Patient Activity Report.
(1) A Patient Activity
				  Report generated by a Delegate-User whose Authorizing User is a veterinarian will
				  only display reported dispensations for Animal Patient Entities.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.6 - Restrictions on Accessing Data in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Authorizing User is responsible for all
				  access and use of CURES by a Delegate-User to whom that Authorizing User has
				  delegated authority under this article, including the Delegate-User's compliance
				  with the requirements of this article.
(b) A Delegate-User must only access data in CURES
				  on behalf of an Authorizing User if all of the following requirements are met:
(1) The Delegate-User and the Authorizing User
				  have an active Delegate Agreement.
(2)
				  The Delegate-User complies with all requirements of the Delegate Agreement entered
				  into between the Authorizing User and the Delegate.
(3) The Delegate-User complies with all
				  requirements on accessing data in CURES applicable to the Authorizing User, as
				  follows:
(A) If the Authorizing User is a
				  Prescriber-User, the Delegate-User must comply with section
				  821.4. For purposes of complying with
				  section 821.4, subdivision (a)(1), the patient
				  whose information is being searched must be Under the Care of the Prescriber-User on
				  whose behalf the Delegate-User is accessing that information.
(B) If the Authorizing User is a Non-DEA
				  Practitioner-User, the Delegate-User must comply with section
				  822.4. For purposes of complying with
				  section 822.4, subdivision (a)(1), the patient
				  whose information is being searched must be Under the Care of the Non-DEA
				  Practitioner-User on whose behalf the Delegate-User is accessing that
				  information.
(C) If the Authorizing User
				  is a Pharmacist-User, the Delegate-User must comply with section
				  823.4. For purposes of complying with
				  section 823.4, subdivision (a)(1), the patient
				  whose information is being searched must be Under the Care of the Pharmacist-User on
				  whose behalf the Delegate-User is accessing that
				  information.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.7 - Restrictions on Use or Disclosure of Data Obtained from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Delegate-User must not use, disclose, or
				  transfer data obtained from CURES unless the use, disclosure, or transfer is
				  consistent with all of the following:
(1) The use,
				  disclosure, or transfer is for the same authorized purpose for which the data was
				  originally requested under section
				  824.6, subdivision (b), and the
				  disclosure or transfer is limited to the Authorizing User for whom the data was
				  requested.
(2) The use, disclosure, or
				  transfer complies with all applicable federal and State privacy, confidentiality,
				  and security laws and regulations, including, but not limited to:
(A) The Confidentiality of Medical Information Act
				  (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.8 - Procedures for Use of CURES by Authorizing Users

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Procedure to Establish a Delegate Association.
(1) A Delegate association may be established in
				  the Web-Based Application.
(2) To
				  establish a new Delegate association in the Web-Based Application, an Authorizing
				  User must:
(A) Verify that the Authorizing User
				  and the Delegate have entered into a Delegate Agreement.
(B) Provide Delegate information that includes all
				  of the following:
1. Delegate first
				  name.
2. Delegate last name.
3. Delegate email address.
4. Effective date of the delegation of authority
				  and expiration date of the delegation of authority, which represent the term of the
				  Delegate Agreement.
a. The term of the Delegate
				  Agreement must not exceed 12 months from the effective date. The effective date and
				  expiration date provided must reflect the effective date and expiration date agreed
				  upon in the written Delegate Agreement. The effective date provided by the
				  Authorizing User under this subdivision may be a past, present, or future date, but
				  the Authorizing User must not provide an effective date that is more than 60 days
				  into the future when establishing a Delegate association.
b. An Authorizing User and a Delegate must not
				  have more than one active Delegate Agreement with each other at any given time. This
				  restriction does not prohibit an Authorizing User and a Delegate from entering into
				  a new Delegate Agreement that will become active upon expiration of an existing
				  Delegate Agreement to avoid a lapse in the Delegate
				  association.
(C)
				  Agree to the Terms and Conditions of CURES.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 824.9 - Procedures for Use of CURES by Delegate-Users

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Delegate-User may access the Web-Based
				  Application.
(b) A Compliant Password
				  may be changed in the Web-Based Application. A Delegate-User must create a Compliant
				  Password every 90 days.
(c) Procedure to
				  Complete an Annual Renewal.
(1) An Annual Renewal
				  may be completed in the Web-Based Application.
(2) A Delegate-User must complete the Annual
				  Renewal every 365 days.
(3) A
				  Delegate-User must update the Delegate-User's information provided under section
				  824.3, subdivision (c)(2), on the
				  Annual Renewal, if applicable.
(4) To
				  submit the Annual Renewal, a Delegate-User must agree to the Terms and Conditions of
				  CURES.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.4 - Access and Use by Delegates › Section 825 - Law Enforcement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-14-2020; operative 7-1-2020 (Register 2020, No. 20).
2. Change
					 without regulatory effect renumbering former section
					 825 to new sections
					 825.1-825.6 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Section
						11165,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.1 - Eligibility for Access to Data from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Interstate-User is eligible to request data
				  from CURES through that Interstate-User's PDMP if all of the following requirements
				  are met:
(1) The Interstate-User's PDMP has
				  entered into a memorandum of understanding with the Department for interstate
				  sharing of data from CURES, and that memorandum of understanding is in effect at the
				  time of the request.
(2) The authorized
				  interstate data sharing hub through which the Interstate-User's PDMP will request
				  data from CURES has entered into a memorandum of understanding with the Department
				  for interstate sharing of data from CURES, and that memorandum of understanding is
				  in effect at the time of the request.
(3) The Interstate-User has agreed to the Terms
				  and Conditions of CURES by reviewing and executing an Interstate-User
				  acknowledgement, which must contain, at a minimum the following statement: "All
				  access and use of CURES and data obtained from CURES by Interstate Prescribers,
				  Interstate Pharmacists, or Interstate Non-DEA Practitioners must comply with
				  California Code of Regulations, title 11, chapter 8.5, article 2.5, and all
				  applicable provisions of California Health and Safety Code, division 10, chapter 4.
				  Any violation of the Terms and Conditions of CURES, or any applicable State or
				  federal law or regulation, may result in prosecution. I have read, understand, and
				  agree to the foregoing terms and conditions governing the access and use of CURES
				  and data obtained from CURES."
(A) The
				  Interstate-User must review and execute an Interstate-User acknowledgment every 365
				  days.
(B) A fully executed copy of the
				  Interstate-User acknowledgement must be retained by the Interstate-User for a period
				  of five years from the date of signature.
(C) Upon request, the Interstate-User must provide
				  the Interstate-User acknowledgment to the Interstate-User's prescription drug
				  monitoring program, Out-of-State Licensing Board, or the California Department of
				  Justice.
(4) The
				  Interstate-User complies with all applicable federal and State privacy,
				  confidentiality, and security laws and regulations, including, but not limited to:
(A) The Confidentiality of Medical Information Act
				  (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
(5) The
				  Interstate-User's PDMP complies with all applicable federal and State privacy,
				  confidentiality, and security laws and regulations.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.2 - Data Accessible to Interstate-Users in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  825.3, an Interstate-User may obtain a
				  Patient Activity Report.
(b) An
				  Interstate-User may access data in CURES for a Search Period not to exceed 24 months
				  from the date of the search.
1. Change without
					 regulatory effect renumbering and amending former section
					 825, subsections (b)-(b)(4)(D) to new
					 section 825.2 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Renumbering of former section
					 825.2 to section
					 827.2 and renumbering and amendment of
					 former section 823.2 to new section
					 825.2 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11165
						and
						11165.4,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.3 - Restrictions on Accessing Data in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Interstate-User must only access data in
				  CURES to treat a patient Under the Care of the Interstate-User.
(1) If the patient is Under the Care of the
				  Interstate Prescriber or Interstate Non-DEA Practitioner within the meaning of
				  section 820, subdivision (eeee)(1)(B), but the
				  patient does not have an ongoing provider-patient relationship with the Interstate
				  Prescriber or Interstate Non-DEA Practitioner, the Interstate Prescriber or
				  Interstate Non-DEA Practitioner must not access the patient's data in CURES earlier
				  than seven days before the appointment for a professional medical consultation with
				  the Interstate Prescriber or Interstate Non-DEA Practitioner.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.4 - Restrictions on Use or Disclosure of Data Obtained from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Interstate-User must not use, disclose, or
				  transfer data obtained from CURES unless the use, disclosure, or transfer is
				  consistent with all of the following:
(1) The use,
				  disclosure, or transfer is for the same authorized purpose for which the data was
				  originally requested under section
				  825.3.
(2) The use, disclosure, or transfer complies with
				  all applicable federal and State privacy, confidentiality, and security laws and
				  regulations, including, but not limited to:
(A)
				  The Confidentiality of Medical Information Act (Part 2.6 (commencing with section
				  56) of Division 1 of the Civil
				  Code).
(B) The HIPAA
				  Regulations.
(C) Health and Safety Code
				  section
				  11165,
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.5 - Procedures for Requesting Data from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Patient Activity Report is available through
				  an Interstate-User's PDMP.
(b) To
				  request a Patient Activity Report, an Interstate-User must provide search criteria
				  that include, at a minimum, all of the following:
(1) Patient first name or patient last
				  name.
(2) Patient date of
				  birth.
(3) Search
				  Period.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 825.6 - Procedures for Use of CURES. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
					 regulatory effect renumbering and amending former section
					 825, subsections (f)-(f)(6)(A)(vi) to
					 new section 825.6 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Renumbering of former section
					 825.6 to section
					 827.6 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Section
						11165,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.5 - Access and Use by Interstate-Users › Section 826 - Research. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-14-2020; operative 7-1-2020 (Register 2020, No. 20).
2. Change
					 without regulatory effect renumbering former section
					 826 to new sections
					 826.1-826.6 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Section
						11165,
						Health and Safety Code; and Section
						1798.24, Civil
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.6 - Access and Use by Regulatory Agency Officials › Section 826.1 - Eligibility to Access CURES or Obtain Data from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Regulatory Agency Official is eligible to
				  access CURES or obtain data from CURES.
(b) If an individual is no longer eligible to
				  access CURES or obtain data from CURES under this section as a Regulatory Agency
				  Official, the individual must not access CURES or obtain data from CURES.
(c) In the event a Regulatory Agency Official is
				  no longer employed by a Regulatory Agency, or is no longer authorized by the
				  Regulatory Agency to access CURES, the Regulatory Agency must notify CURES PDMP in
				  writing. Upon receipt of the Regulatory Agency's written notification, CURES PDMP
				  must terminate the Regulatory Agency Official's access to CURES.
1. Change without
					 regulatory effect adopting new article 3 (sections
					 826.1-826.6) and renumbering former
					 section 826, subsections (a)-(a)(2) to new
					 section 826.1, including amendment of section
					 heading and section, filed 2-2-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. Relocation of article 3 heading
					 from preceding section
					 826.1 to precede 828.1, renumbering of
					 former article 2.4 to new article 2.6 (sections
					 826.1-826.6), renumbering of former
					 section 826.1 to section
					 828.1 and renumbering and amendment of
					 former section 824.1 to new section
					 826.1 filed 8-15-2022; operative
					 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11153,
						11153.5,
						11165,
						11165.4
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.6 - Access and Use by Regulatory Agency Officials › Section 826.2 - Procedures to Register for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Regulatory Agency Official Registration
				  Application," when used in this section, means the Web-form application developed by
				  the Department for a Regulatory Agency Official to obtain approval to electronically
				  access CURES.
(b) An applicant must
				  electronically submit the Regulatory Agency Official Registration
				  Application.
(c) To complete the
				  Regulatory Agency Official Registration Application, an applicant must:
(1) Contact CURES PDMP to receive an email
				  containing a Web-link to the Regulatory Agency Official Registration
				  Application.
(2) If registering for the
				  first time, provide all of the following information to establish an account with
				  the Department:
(A) First name at birth.
(B) Last name at birth.
(C) Mother's maiden name.
(D) City of birth.
(E) Date of birth.
(F) Email address.
(3) Provide all of the following applicant
				  information on the Regulatory Agency Official Registration Application:
(A) First name.
(B) Last name.
(C) Name of Regulatory Agency.
(D) Job title.
(E) Supervisor first name.
(F) Supervisor last name.
(G) Supervisor email address.
(H) Supervisor phone number.
(I) Email address.
(J) Phone number.
(K) Street address and postal code of the
				  applicant's work address.
1. The street address
				  must not be a P.O. Box.
(4) Submit supporting documentation, which must
				  include a photocopy of all of the following:
(A)
				  The applicant's Regulatory Agency-issued identification card.
(B) A letter on the Regulatory Agency's official
				  letterhead explaining the applicant's need for access to CURES and confirming the
				  applicant's employment by that Regulatory Agency. This letter must be signed by the
				  applicant's supervisor, or if required by the applicant's Regulatory Agency, the
				  head of the applicant's Regulatory Agency.
(5) Provide a Compliant Password.
(6) Select security questions and provide Security
				  Question Answers.
(7) Agree to the Terms
				  and Conditions of CURES.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.6 - Access and Use by Regulatory Agency Officials › Section 826.3 - Data Accessible to Regulatory Agency Officials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  826.4, a Regulatory Agency Official may
				  obtain all of the following:
(1) A Patient Activity
				  Report.
(2) A Prescription History
				  Report.
(3) A Serialized Prescription
				  Form Report.
(4) A Delegate Audit
				  Report.
(5) A User Profile Details
				  Report.
(6) A Prescription Form Theft or
				  Loss Report.
(7) Any other report
				  generated by CURES available to Regulatory Agency Officials on the Web-Based
				  Application.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.6 - Access and Use by Regulatory Agency Officials › Section 826.4 - Restrictions on Accessing CURES or Data from CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Regulatory Agency Official must only access
				  CURES, or obtain data from CURES, on behalf of a Regulatory Agency, to assist the
				  efforts of that Regulatory Agency to control the Diversion and Resultant Abuse of
				  Applicable Controlled Substances, for one or more of the following authorized
				  purposes:
(1) To investigate or evaluate compliance
				  by a licensee with any State or federal law or regulation related to the use,
				  possession, sale, prescribing, ordering, administering, furnishing, or dispensing of
				  any Applicable Controlled Substance, including compliance by a licensee with that
				  licensee's obligation to consult CURES under Health and Safety Code section
				  11165.4.
(2) To investigate or evaluate compliance by a
				  licensee with the applicable standard of practice related to the use, possession,
				  sale, prescribing, ordering, administering, furnishing, or dispensing of any
				  Applicable Controlled Substance.
(3) To
				  investigate or evaluate compliance by a dispensing pharmacy, clinic, or other
				  dispenser, with the obligation to report information to the Department under Health
				  and Safety Code section
				  11165,
				  subdivision (d).
(4) To investigate or
				  evaluate compliance by a prescriber, as defined in Business and Profession Code
				  section 4170, with the obligation to report
				  information to the Department under Health and Safety Code section
				  11190,
				  subdivision (c).
(5) To investigate or
				  evaluate compliance by a licensee with the obligation to comply with Health and
				  Safety Code sections
				  11153
				  and
				  11153.5,
				  or any applicable professional standard of care.
(6) To investigate or evaluate compliance by a
				  licensee with the terms of a disciplinary probation imposed by a Licensing
				  Board.
(7) To use as evidence in a
				  prosecution of a licensee in an administrative disciplinary
				  proceeding.