Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-60 - Criteria for discretionary disclosure of information by the director

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
				with § 54.1-2523 C of the Code of Virginia, the director may disclose
				information in the program to certain persons provided the request is made in a
				format designated by the department.
B. The director may disclose information to:
1. The recipient of the dispensed drugs,
				provided the request is accompanied by a copy of a valid photo identification
				issued by a government agency of any jurisdiction in the United States
				verifying that the recipient is over the age of 18 and includes a notarized
				signature of the requesting party. The report shall be mailed to the street or
				mailing address indicated on the recipient request form.
2. The prescriber for the purpose of
				establishing a treatment history for a patient or prospective patient or for
				the purpose of obtaining a record of prescriptions issued by that prescriber,
				provided the request is accompanied by the prescriber's registration number
				with the United States Drug Enforcement Administration (DEA) and attestation
				that the prescriber is in compliance with patient notice requirements of
				18VAC76-20-70. The prescriber may
				delegate the submission of a request for information, provided the delegation
				is in compliance with § 54.1-2523.2 of the Code of Virginia. The health
				care professionals to whom the prescriber has authorized access to information
				shall be registered with the program. Requests for information made by a
				delegated health care professional shall be made in his own name, using his own
				unique identifiers assigned by the program.
3. Another regulatory authority conducting an
				investigation or disciplinary proceeding or making a decision on the granting
				of a license or certificate, provided the request is related to an allegation
				of a possible controlled substance violation and that it is accompanied by the
				signature of the chief executive officer who is authorized to certify orders or
				to grant or deny licenses.
4.
				Governmental entities charged with the investigation and prosecution of a
				dispenser, prescriber, or recipient participating in the Virginia Medicaid
				program, provided the request is accompanied by the signature of the official
				within the Office of the Attorney General responsible for the
				investigation.
5. A dispenser for
				the purpose of establishing a prescription history for a specific person to
				assist in determining the validity of a prescription, provided the request is
				accompanied by the dispenser's license number issued by the relevant licensing
				authority and an attestation that the dispenser is in compliance with patient
				notice requirements of
				18VAC76-20-70. The dispenser may
				delegate the submission of a request for information, provided the delegation
				is in compliance with § 54.1-2523.2 of the Code of Virginia. The health
				care professionals to whom the dispenser has authorized access to information
				shall be registered with the program. Requests for information made by a
				delegated health care professional shall be made in his own name, using his own
				unique identifiers assigned by the program.