Section 826.4 - Restrictions on Accessing CURES or Data from CURES(a) A Regulatory Agency Official must only access CURES, or obtain data from CURES, on behalf of a Regulatory Agency, to assist the efforts of that Regulatory Agency to control the Diversion and Resultant Abuse of Applicable Controlled Substances, for one or more of the following authorized purposes:(1) To investigate or evaluate compliance by a licensee with any State or federal law or regulation related to the use, possession, sale, prescribing, ordering, administering, furnishing, or dispensing of any Applicable Controlled Substance, including compliance by a licensee with that licensee's obligation to consult CURES under Health and Safety Code section 11165.4.(2) To investigate or evaluate compliance by a licensee with the applicable standard of practice related to the use, possession, sale, prescribing, ordering, administering, furnishing, or dispensing of any Applicable Controlled Substance.(3) To investigate or evaluate compliance by a dispensing pharmacy, clinic, or other dispenser, with the obligation to report information to the Department under Health and Safety Code section 11165, subdivision (d).(4) To investigate or evaluate compliance by a prescriber, as defined in Business and Profession Code section 4170, with the obligation to report information to the Department under Health and Safety Code section 11190, subdivision (c).(5) To investigate or evaluate compliance by a licensee with the obligation to comply with Health and Safety Code sections 11153 and 11153.5, or any applicable professional standard of care.(6) To investigate or evaluate compliance by a licensee with the terms of a disciplinary probation imposed by a Licensing Board.(7) To use as evidence in a prosecution of a licensee in an administrative disciplinary proceeding.(b) A Regulatory Agency Official must not access CURES, or obtain data from CURES, for the purpose of investigating criminal offenses or enforcing criminal law, except as specified in subdivision (c).(c) A Regulatory Agency Official who requests access to CURES, or requests data from CURES, for the purpose of investigating criminal offenses or enforcing criminal law must request access to CURES, or request data from CURES, as a Law Enforcement Official and comply with all requirements of article 2.7 of this chapter.(d) To obtain a Patient Activity Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, both of the following: (1) Patient first name or last name.(e) To obtain a Prescriber History Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, both of the following: (1) Prescriber first name and Prescriber last name, or DEA Number.(f) To obtain a Pharmacy History Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, both of the following: (1) Pharmacy name, pharmacy license number, or DEA Number.(g) To obtain a Serialized Prescription History Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, a starting prescription form serial number.(h) To obtain a Serialized Prescription Form Report by prescriber, a Regulatory Agency Official must provide search criteria that include all of the following: (1) Prescriber first name and Prescriber last name, or Prescriber DEA Number.(i) To obtain a Serialized Prescription Form Report by prescription form serial number, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following:(1) A starting prescription form serial number.(j) To obtain a Serialized Prescription Form Report by security printer, a Regulatory Agency Official must provide search criteria that include all of the following: (1) Security printer name.(k) To obtain a Delegate Audit Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following: (2) Category of Licensure.(3) State License Number.(l) To obtain a User Profile Details Report, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following: (2) Category of Licensure.(3) State License Number.(m) To obtain a Prescription Form Theft or Loss Report by Prescriber or Pharmacist, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following: (1) First name and last name of the Prescriber or Pharmacist, or DEA Number of the Prescriber or Pharmacist, or Category of Licensure of the Prescriber or Pharmacist.(n) To obtain a Prescription Form Theft or Loss Report by prescription form serial number, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following: (1) A starting prescription form serial number.(o) To obtain a Prescription Form Theft or Loss Report by theft or loss details, a Regulatory Agency Official must provide search criteria that include, at a minimum, all of the following: (1) Reporter type, or type of theft or loss, or city theft or loss occurred, or county theft or loss occurred, or current report status.Cal. Code Regs. Tit. 11, § 826.4
1. Change without regulatory effect renumbering and amending former section 826, subsections (d)-(d)(12) to new section 826.4 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former section 826.4 to section 828.4 and renumbering and amendment of former section 824.4 to section 826.4 filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33). Note: Authority cited: Section 11165, Health and Safety Code. Reference: Sections 11153, 11153.5, 11165, 11165.4 and 11190, Health and Safety Code.
1. Change without regulatory effect renumbering and amending former section 826, subsections (d)-(d)(12) to new section 826.4 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).
2. Renumbering of former section 826.4 to section 828.4 and renumbering and amendment of former section 824.4 to section 826.4 filed 8-15-2022; operative 8/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).