West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-08 - Controlled Substances Monitoring Program › Section 15-8-7 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The board
				shall carry out a program to protect the confidentiality of the information
				received by the central repository.
7.2. The board may disclose confidential
				information received by the central repository to a person who is engaged in
				receiving, processing, or storing the information.
7.3. The board may release confidential
				information received by the central repository to the following persons:
7.3.a. An authorized agent of a board in this
				state or another state that licenses practitioners authorized to prescribe
				Schedule II, III, IV, or V controlled substances who is engaged in an
				investigation, an adjudication, or a prosecution of a violation under any state
				or federal law that involves a controlled substance;
7.3.b. Members of the West Virginia State
				Police expressly authorized by the superintendent of the West Virginia State
				Police to have access to the information;
7.3.c. An authorized agent of a local
				law-enforcement agency who is acting as a member of a Federally affiliated drug
				task force engaged in an investigation, an adjudication, or a prosecution of a
				violation under any state or federal law that involves a controlled
				substance;
7.3.d. Authorized agents
				of the Drug Enforcement Administration who is engaged in an investigation, an
				adjudication, or a prosecution of a violation under any state or federal law
				that involves a controlled substance;
7.3.e. Authorized agents of the West Virginia
				Bureau for Medical Services;
7.3.f.
				The Chief Medical Examiner for the State of West Virginia or his or her
				authorized agent for use in post-mortem examinations;
7.3.g. Authorized agents of the West Virginia
				Office of Health Facility Licensure and Certification for use in certification,
				licensure and regulation of health facilities;
7.3.h. A dean of a medical school located in
				this State or his or her designee to access prescriber level data to monitor
				prescribing practices of faculty members, prescribers and residents enrolled in
				a degree program at the school where he or she serves as dean;
7.3.i. A physician reviewer designated by an
				employer of medical providers to monitor prescriber level information of
				prescribing practices of physicians, advance practice registered nurses, or
				physician assistants in their employ;
7.3.j. A chief medical officer of a hospital,
				or a physician designated by the chief executive officer of a hospital which
				does not have a chief medical officer, to monitor prescriber level information
				of prescribing practices of prescribers who have admitting privileges to the
				hospital;
7.3.k. A person with an
				enforceable court order or regulatory agency administrative subpoena;
7.3.l. Inspectors and agents of the board to
				carry out the lawful purposes of the CSMP program, for purposes of a pharmacy
				inspection or drug inventory, or who are engaged in an investigation, an
				adjudication, or a prosecution of a violation under any state or federal law
				that involves a controlled substance;
7.3.m. Prescribing practitioners or their
				authorized agents for purposes of treating a patient;
7.3.n. Pharmacists or a registered pharmacy
				technician as the agent of the pharmacist for purposes of treating a patient;
				and
7.3.o. A person using the data
				for compilation of educational, scholarly, or statistical purposes so long as
				the individually identifiable data of the persons or entities stored in the
				central repository remains confidential.