Compilation of Rules and Regulations of the State of Georgia › Department 511 - RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH › Chapter 511-7 - VOLUNTEER PROGRAMS › Subject 511-7-2 - PRESCRIPTION DRUG MONITORING PROGRAM › Rule 511-7-2-.07 - Requests for prescription data held in the PDMP

Current through Rules and Regulations filed through June 27, 2024
(1) This regulation is intended to govern all
				requests for prescription data from the PDMP other than queries for particular
				patients made by prescribers, dispensers, or their delegates. Except as
				provided in this Chapter or by law, prescription information held in the PDMP
				database is confidential and will not be disclosed by the department.
(2) The following persons may request
				information contained in the PDMP, for the purposes identified below, and in
				the manner set forth below:
(a) Local or
				state law enforcement or prosecutorial officials, pursuant to a search warrant
				issued by an appropriate court or official for the jurisdiction in which the
				office of such law enforcement or prosecutorial officials is located;
(b) Federal law enforcement or prosecutorial
				officials, pursuant to a search warrant issued pursuant to Title 21 of the
				United States Code, a grand jury subpoena issued pursuant to Title 18 of the
				United States Code, an administrative subpoena, or a civil investigative
				demand;
(c) The Georgia Drugs and
				Narcotics Agency, for health oversight purposes, or upon presentation of a
				subpoena issued by or on behalf of that agency, or as part of an investigation
				into suspected or reported abuses or regarding illegal access to the PDMP
				database;
(d) The Georgia Composite
				Medical Board, for health oversight purposes, or upon presentation of a
				subpoena issued by or on behalf of such board;
(e) The Georgia Board of Pharmacy, for health
				oversight purposes, or upon presentation of a subpoena issued by or on behalf
				of such board;
(f) The Georgia
				Department of Community Health, for oversight of the state Medicaid program, or
				upon presentation of a subpoena issued by or on behalf of that
				agency;
(g) The Georgia Board of
				Nursing, for health oversight purposes, or upon presentation of a subpoena
				issued by or on behalf of such board;
(h) The federal Centers for Medicare and
				Medicaid Services, upon presentation of a subpoena issued by or on behalf of
				that agency;
(i) An individual
				whose prescription history appears in the PDMP is entitled to a copy of that
				history, upon written request made by that person or their attorney;
(j) A prescriber is entitled to a copy of
				prescription information in the PDMP which pertains to prescriptions written by
				that person, upon written request made by that prescriber or their
				attorney;
(k) A dispenser is
				entitled to a copy of prescription information in the PDMP which pertains to
				prescriptions dispensed by that person, upon written request made by that
				dispenser or their attorney;
(l) A
				prescription drug monitoring program operated by a government entity in another
				state, or an electronic medical records system operated by a prescriber or
				health care facility, provided that the program or system has been determined
				by DPH to contain legal, administrative, technical, and physical safeguards
				that meet or exceed the security measures employed by DPH in the operation of
				the PDMP.
(m) Persons or entities
				may request prescription information for purposes of statistics, education,
				instruction, drug abuse prevention, or scientific research; provided, however,
				that such data will first be de-identified according to the standards set forth
				in
				 45 C.F.R. 164.514  as it may be amended from time
				to time.