New Jersey § 45:1-46

§ 45:1-46.

Access to prescription information. a. The division shall maintain procedures to ensure privacy and confidentiality of

patients and that patient information collected, recorded, transmitted, and maintained

is not disclosed, except as permitted in this section, including, but not limited

to, the use of a password-protected system for maintaining this information and permitting

access thereto as authorized under sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ), and a requirement that a person as listed in subsection h. or i. of this section

provide affirmation of the person's intent to comply with the provisions of sections

25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) as a condition of accessing the information. b. The prescription monitoring information submitted to the division shall be confidential

and not be subject to public disclosure under P.L.1963, c. 73 ( C.47:1A-1 et seq. ), or P.L.2001, c. 404 ( C.47:1A-5 et al.). c. The division shall review the prescription monitoring information provided by a

pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). The review shall include, but not be limited to: (1) a review to identify whether any person is obtaining a prescription in a manner

that may be indicative of misuse, abuse, or diversion of a controlled dangerous substance. The director shall establish guidelines regarding the terms “ misuse ,” “ abuse ,” and “ diversion ” for the purposes of this review. When an evaluation of the information indicates that a person may be obtaining a

prescription for the same or a similar controlled dangerous substance from multiple

practitioners or pharmacists during the same time period, the division may provide

prescription monitoring information about the person to practitioners and pharmacists;

and (2) a review to identify whether a violation of law or regulation or a breach of the

applicable standards of practice by any person may have occurred, including, but not

limited to, diversion of a controlled dangerous substance. If the division determines that such a violation or breach may have occurred, the

division shall notify the appropriate law enforcement agency or professional licensing

board, and provide the prescription monitoring information required for an investigation. d. (Deleted by amendment, P.L.2015, c. 74 ) e. (Deleted by amendment, P.L.2015, c. 74 ) f. (Deleted by amendment, P.L.2015, c. 74 ) g. (Deleted by amendment, P.L.2015, c. 74 ) h. (1) A practitioner shall register to access prescription monitoring information

upon initial application for, or renewal of, the practitioner's CDS registration. (2) The division shall provide to a pharmacist who is employed by a current pharmacy

permit holder online access to prescription monitoring information for the purpose

of providing health care to a current patient or verifying information with respect

to a patient or a prescriber. (3) The division shall provide to a practitioner who has a current CDS registration

online access to prescription monitoring information for the purpose of providing

health care to a current patient or verifying information with respect to a patient

or a prescriber. The division shall also grant online access to prescription monitoring information

to as many licensed health care professionals as are authorized by a practitioner

to access that information and for whom the practitioner is responsible for the use

or misuse of that information, subject to a limit on the number of such health care

professionals as deemed appropriate by the division for that particular type and size

of professional practice, in order to minimize the burden to practitioners to the

extent practicable while protecting the confidentiality of the prescription monitoring

information obtained. The director shall establish, by regulation, the terms and conditions under which

a practitioner may delegate that authorization, including procedures for authorization

and termination of authorization, provisions for maintaining confidentiality, and

such other matters as the division may deem appropriate. (4) The division shall provide online access to prescription monitoring information

to as many medical or dental residents as are authorized by a faculty member of a

medical or dental teaching facility to access that information and for whom the practitioner

is responsible for the use or misuse of that information. The director shall establish, by regulation, the terms and conditions under which

a faculty member of a medical or dental teaching facility may delegate that authorization,

including procedures for authorization and termination of authorization, provisions

for maintaining confidentiality, provisions regarding the duration of a medical or

dental resident's authorization to access prescription monitoring information, and

such other matters as the division may deem appropriate. (5)(a) The division shall provide online access to prescription monitoring information

to: (i) as many certified medical assistants as are authorized by a practitioner to access

that information and for whom the practitioner is responsible for the use or misuse

of that information; (ii) as many medical scribes working in a hospital's emergency department as are authorized

by a practitioner to access that information and for whom the practitioner is responsible

for the use or misuse of that information; and (iii) as many licensed athletic trainers working in a clinical setting as are authorized

by a practitioner to access that information and for whom the practitioner is responsible

for the use or misuse of that information. (b) The director shall establish, by regulation, the terms and conditions under which

a practitioner may delegate authorization pursuant to subparagraph (a) of this paragraph,

including procedures for authorization and termination of authorization, provisions

for maintaining confidentiality, provisions regarding the duration of a certified

medical assistant's, medical scribe's, or licensed athletic trainer's authorization

to access prescription monitoring information, and provisions addressing such other

matters as the division may deem appropriate. (6) The division shall provide online access to prescription monitoring information

to as many registered dental assistants as are authorized by a licensed dentist to

access that information and for whom the licensed dentist is responsible for the use

or misuse of that information. The director shall establish, by regulation, the terms and conditions under which

a licensed dentist may delegate that authorization, including procedures for authorization

and termination of authorization, provisions for maintaining confidentiality, provisions

regarding the duration of a registered dental assistant's authorization to access

prescription monitoring information, and such other matters as the division may deem

appropriate. (7) A person listed in this subsection, as a condition of accessing prescription monitoring

information pursuant thereto, shall certify that the request is for the purpose of

providing health care to a current patient or verifying information with respect to

a patient or practitioner. Such certification shall be furnished through means of an online statement or alternate

means authorized by the director, in a form and manner prescribed by rule or regulation

adopted by the director. If the information is being accessed by an authorized person using an electronic

system authorized pursuant to subsection q. of this section, the certification may

be furnished through the electronic system. i. The division may provide online access to prescription monitoring information,

or may provide access to prescription monitoring information through any other means

deemed appropriate by the director, to the following persons: (1) authorized personnel of the division or a vendor or contractor responsible for

maintaining the Prescription Monitoring Program; (2) authorized personnel of the division responsible for administration of the provisions

of P.L.1970, c. 226 ( C.24:21-1 et seq. ); (3) the State Medical Examiner, a county medical examiner, a deputy or assistant county

medical examiner, or a qualified designated assistant thereof, who certifies that

the request is for the purpose of investigating a death pursuant to P.L.1967, c. 234

( C.52:17B-78 et seq. ); (4) a controlled dangerous substance monitoring program in another state with which

the division has established an interoperability agreement, or which participates

with the division in a system that facilitates the secure sharing of information between

states; (5) a designated representative of the State Board of Medical Examiners, New Jersey

State Board of Dentistry, State Board of Nursing, New Jersey State Board of Optometrists,

State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other

board in this State or another state that regulates the practice of persons who are

authorized to prescribe or dispense controlled dangerous substances, as applicable,

who certifies that the representative is engaged in a bona fide specific investigation

of a designated practitioner or pharmacist whose professional practice was or is regulated

by that board; (6) a State, federal, or municipal law enforcement officer who is acting pursuant

to a court order and certifies that the officer is engaged in a bona fide specific

investigation of a designated practitioner, pharmacist, or patient. A law enforcement agency that obtains prescription monitoring information shall comply

with security protocols established by the director by regulation; (7) a designated representative of a state Medicaid or other program who certifies

that the representative is engaged in a bona fide investigation of a designated practitioner,

pharmacist, or patient; (8) a properly convened grand jury pursuant to a subpoena properly issued for the

records; and (9) a licensed mental health practitioner providing treatment for substance use disorder to patients at a residential or outpatient substance use disorder treatment center licensed by the Division of Mental Health and Addiction Services

in the Department of Human Services, who certifies that the request is for the purpose

of providing health care to a current patient or verifying information with respect

to a patient or practitioner, and who furnishes the division with the written consent

of the patient for the mental health practitioner to obtain prescription monitoring

information about the patient. The director shall establish, by regulation, the terms and conditions under which

a mental health practitioner may request and receive prescription monitoring information.

Nothing in sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) shall be construed to require or obligate a mental health practitioner to access

or check the prescription monitoring information in the course of treatment beyond

that which may be required as part of the mental health practitioner's professional

practice. j. A person listed in subsection i. of this section, as a condition of obtaining prescription

monitoring information pursuant thereto, shall certify the reasons for seeking to

obtain that information. Such certification shall be furnished through means of an online statement or alternate

means authorized by the director, in a form and manner prescribed by rule or regulation

adopted by the director. k. The division shall offer an online tutorial for those persons listed in subsections

h. and i. of this section, which shall, at a minimum, include: how to access prescription

monitoring information; the rights of persons who are the subject of this information;

the responsibilities of persons who access this information; a summary of the other

provisions of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) and the regulations adopted pursuant thereto, regarding the permitted uses of that

information and penalties for violations thereof; and a summary of the requirements

of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website

for further information about the specific provisions of the privacy rule. l . The division may request and receive prescription monitoring information from prescription

monitoring programs in other states and may use that information for the purposes

of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). When sharing data with programs in another state, the division shall not be required

to obtain a memorandum of understanding unless required by the other state. m. The director may provide nonidentifying prescription drug monitoring information

to public or private entities for statistical, research, or educational purposes,

in accordance with the provisions of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). n. Nothing shall be construed to prohibit the division from obtaining unsolicited

automated reports from the program or disseminating such reports to pharmacists, practitioners,

mental health care practitioners, and other licensed health care professionals. o . (1) A current patient of a practitioner may request from that practitioner that

patient's own prescription monitoring information that has been submitted to the division

pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). A parent or legal guardian of a child who is a current patient of a practitioner

may request from that practitioner the child's prescription monitoring information

that has been submitted to the division pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). (2) Upon receipt of a request pursuant to paragraph (1) of this subsection, a practitioner

or health care professional authorized by that practitioner may provide the current

patient or parent or legal guardian, as the case may be, with access to or a copy

of the prescription monitoring information pertaining to that patient or child. (3) The division shall establish a process by which a patient, or the parent or legal

guardian of a child who is a patient, may request a pharmacy permit holder that submitted

prescription monitoring information concerning a prescription for controlled dangerous

substances for that patient or child to the division pursuant to sections 25 through

30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) to correct information that the person believes to have been inaccurately entered

into that patient's or child's prescription profile. Upon confirmation of the inaccuracy of any such entry into a patient's or child's

prescription profile, the pharmacy permit holder shall be authorized to correct any

such inaccuracies by submitting corrected information to the division pursuant to

sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). The process shall provide for review by the Board of Pharmacy of any disputed request

for correction, which determination shall be appealable to the director. p. The division shall take steps to ensure that appropriate channels of communication

exist to enable any licensed health care professional, licensed pharmacist, mental

health practitioner, pharmacy permit holder, or other practitioner who has online

access to the Prescription Monitoring Program pursuant to this section to seek or

provide information to the division related to the provisions of this section. q. (1) The division may make prescription monitoring information available on electronic

systems that collect and display health information, such as an electronic system

that connects hospital emergency departments for the purpose of transmitting and obtaining

patient health data from multiple sources, or an electronic system that notifies practitioners

of information pertaining to the treatment of overdoses; provided that the division

determines that any such electronic system has appropriate security protections in

place. (2) Practitioners who are required to access prescription monitoring information pursuant

to section 8 of P.L.2015, c. 74 ( C.45:1-46.1 ) may discharge that responsibility by accessing one or more authorized electronic

systems into which the prescription monitoring information maintained by the division

has been integrated.