D.C. Mun. Regs. r. 17-10307

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 17-10307 - MANDATORY DISCLOSURE OF PRESCRIPTION MONITORING INFORMATION FOR LAW ENFORCEMENT AND REGULATORY PURPOSES

10307.1

To request disclosure of prescription monitoring data for law enforcement or regulatory purposes, an individual shall be registered with the Program as an authorized agent entitled to receive reports.

10307.2

A request for registration as an authorized agent shall be accompanied by:

(a) An attestation from the applicant's employer confirming the identity of the applicant and the applicant's eligibility to receive the reports; and

(b) An attestation from the applicant that the prescription data will not be further disclosed and will be used only for the purposes stated in the request and in accordance with the law.

10307.3

A registration as an authorized agent shall expire on June 30th of each even-numbered year or at any time the agent leaves, or otherwise becomes ineligible to receive information from the Program.

10307.4

An authorized agent shall only request disclosure of information related to a specific criminal investigation or as authorized under § 10307.5. Requests shall be made in a format designated by the Program and shall contain:

(a) An agency case number or other identifier sufficient to identify an existing bona fide individual investigation;

(b) A specified time period to be covered in the report;

(c) The specific patient, prescriber, or dispenser for whom the report is to be made; and

(d) The name, title, and original signature of the official under whose authority the request is made.

10307.5

After receiving a request for access or information in accordance with this section, the Program shall disclose to the requestor information relevant to:

(a) A specific investigation of a specific patient, dispenser, or prescriber to an agent designated by the Chief of the Metropolitan Police Department to conduct drug diversion investigations;

(b) An investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health occupations board or the Department;

(c) A disciplinary proceeding before a health occupations board or in any subsequent hearing, trial, or appeal of an action or board order to designated employees of the Department;

(d) The proceedings of any grand jury or additional grand jury that has been properly impaneled; or

(e) A specific investigation of a specific dispenser or prescriber to an agent of the United States Drug Enforcement Administration with authority to conduct drug diversion investigations.

D.C. Mun. Regs. r. 17-10307

Final Rulemaking published at 62 DCR 15828 (12/11/2015)