D.C. Mun. Regs. tit. 17, r. 17-10306

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 17-10306 - PRESCRIBER AND DISPENSER ACCESS TO PRESCRIPTION MONITORING DATA

10306.1

Prescribers, dispensers, and their delegates shall register with the Program in order to access or otherwise request disclosure of prescription monitoring data.

10306.2

Prescribers, dispensers, and their delegates who have successfully registered with the Program may access or otherwise request information on an existing or new patient for the purpose of:

(a) Establishing a prescription history to make informed treatment or dispensing decisions;

(b) The medical care or treatment of the patient about whom prescription monitoring data is being requested; or

(c) Performing due diligence and exercising professional judgment when presented with a prescription to dispense a covered substance for use by the patient about whom prescription monitoring data is being requested.

10306.3

Upon request from a prescriber, the Director may provide a report containing prescription monitoring data on all covered substances dispensed pursuant to the prescriber's own prescriptions or by the prescriber, provided that the request is submitted on a form or in a manner approved by the Program.

10306.4

As part of the registration process, a prescriber or dispenser shall attest:

(a) That the prescription monitoring data received from the Program shall not be further disclosed by the prescriber or dispenser except as allowed by law; and

(b) That the prescription data shall only be used for the purposes stated in the request and in accordance with the law.

10306.5

The Program shall:

(a) Establish procedures to authenticate that the prescriber or dispenser is licensed in good standing, and eligible to access the prescription monitoring data; and

(b) Authorize a prescriber or dispenser to access or otherwise request disclosure of prescription monitoring data electronically.

10306.6

If the authorization issued to a registrant is compromised in any manner that may allow another individual to access prescription monitoring data for unauthorized purposes, the registrant shall notify the Program within twenty-four (24) hours after discovery.

10306.7

A prescriber or dispenser authorized to access prescription monitoring data may delegate his or her authority to access the data to up to two (2) health care professionals who are:

(a) Licensed, registered, or certified by a health occupations board; and

(b) Employed at the same location and under the direct supervision of the prescriber or dispenser.

10306.8

Each delegate shall submit a separate application for registration, which shall include the individual's license, registration, or certification number, and a copy of another form of government issued identification.

10306.9

The supervising prescriber or dispenser, and the delegate, shall sign the delegate registration application, attesting that the delegate is an employee of the same facility, under the direct supervision of the requesting prescriber or dispenser, and that any requests made of the Program will be for use by the supervising prescriber or dispenser.

10306.10

A delegate registration shall expire on June 30th of each even-numbered year, or at any time the delegate leaves, if the delegating prescriber or dispenser removes the authorization, or if the individual otherwise becomes ineligible to receive information from the Program, whichever occurs first. The delegating prescriber or dispenser shall notify the Program in writing within twenty-four hours (24) of any change.

10306.11

The delegating prescriber or dispenser is responsible for ensuring that the delegate is knowledgeable of the laws related to confidentiality of Program information, and shall immediately notify the Program of any known unauthorized use of Program information by a delegate.

10306.12

A prescriber or dispenser who delegates his or her authority to request disclosure of or otherwise access prescription monitoring data to a health care professional shall:

(a) Make reasonable efforts, including regularly reviewing and auditing any available logs of system access and use, to ensure the authorized health care professional is requesting disclosure of, redisclosing, or otherwise accessing prescription monitoring data in clear compliance with the law and this chapter, and all other State and federal laws and regulations governing the security and confidentiality of protected health information and personal medical records;

(b) Immediately notify the Program, as well as the licensing entity responsible for licensing, certifying, or registering the authorized health care professional, if the prescriber or dispenser believes that the confidentiality of prescription monitoring data or the security of the Program has been compromised by an authorized health care professional; and

(c) Notify the Program within twenty-four (24) hours of any requested change in the registration status of an authorized health care professional, including if that authorized health care professional is no longer employed by or practicing under the authority of the prescriber or dispenser.

D.C. Mun. Regs. tit. 17, r. 17-10306

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