New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 29 - CONTROLLED SUBSTANCE PRESCRIPTION MONITORING PROGRAM › Section 16.19.29.9 - DISCLOSURE OF PRESCRIPTION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prescription information submitted to the
				board shall not be subject to the Inspection of the Public Records Act,
				Sections 14-2-1 through
				14-2-12 NMSA 1978 and shall be
				confidential except as provided in Subsections C through G of
				16.19.29.9 NMAC.
B. The board shall maintain procedures to
				ensure that the privacy and confidentiality of patients and patient information
				collected, recorded, transmitted, and maintained in the PMP is not disclosed to
				persons except as provided in Subsection C through G of
				16.19.29.9 NMAC.
C. Board inspectors may review prescription
				information after receiving complaints, and in the course of their enforcement
				of board administered statutes and regulations.
D. The board shall be authorized to provide
				PMP information to the following persons:
(1)
				persons authorized to prescribe or dispense controlled substances, for the
				purpose of providing medical or pharmaceutical care for their
				patients;
(2) a consultant
				pharmacist for the purpose of providing pharmaceutical care for a facility's
				patients; and in ensuring that facility records appropriately account for
				controlled substance receipt, administration and disposition;
(3) a delegate designated by a practitioner;
				or pharmacist; who must also maintain an active account, can designate one or
				more (up to four) delegates for the purpose of requesting and receiving PMP
				reports for the practitioner or pharmacist; the practitioner or pharmacist
				shall be responsible for terminating the delegate's access to the PMP within
				five business days of a delegate's authorization ending;
(4) state practitioner licensing boards whose
				licensees have prescriptive authority for controlled substances, including the
				medical board, board of nursing, board of veterinarian medicine, board of
				dental health care, board of examiners in optometry, board of osteopathic
				medicine, board of acupuncture and oriental medicine, and board of podiatry, as
				the PMP information relates to their licensees;
(5) practitionerlicensing authorities of
				other states if their licensees practice in this state or prescriptions
				provided by their licensees are dispensed in this state;
(6) local, state and federal law enforcement
				or prosecutorial officials engaged in an ongoing investigation of an individual
				in the enforcement of the laws governing licit drugs;
(7) the state human services department
				regarding medicaid program recipients;
(8) a state metropolitan, magistrate and
				district, or federal court as required by a grand jury subpoena or criminal
				court order;
(9) state drug court
				personnel as authorized by the PMP director;
(10) personnel of the board for purposes of
				administration and enforcement of this rule or of 16.19.20 NMAC;
(11) the prescription monitoring program of
				another state or group of states with whom the state has established an
				interoperability agreement;
(12) a
				living individual who request's his or her own PMP report in accordance with
				procedures established under the Pharmacy Act, Subsection D of Section
				61-11-2 NMSA 1978 and Subsection H
				of 16.19.6.23 NMAC, or an agent
				authorized by the living individual along with a valid HIPAA release form or
				court issued subpoena, or;
(13) a
				parent to have access to the prescription records about his or her minor child,
				as his or her minor child's personal representative when such access is not
				inconsistent with state or other laws;
(14) licensed healthcare professionals
				(nurses, pharmacists and practitioners) from Medicare, health insurers, workers
				compensation program/insurers and pharmacy benefit managers for persons
				enrolled in or covered by their programs, as part of patient care for those
				persons.