The California Dental Practice Act _ ____________________________________________________________
statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Sched- ule III, Schedule IV, and Schedule V controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances. (b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and mainte- nance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES. (c) 1. The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations. 2. A. CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the department, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or pri- vate entities, as approved by the department, for educational, peer review, statistical, or research purposes, if patient information, including information that may identify the patient, is not compromised. The University of California shall be provided access to identifiable data for research purposes if the requirements of subdivi- sion (t) of Section 1798.24 of the Civil Code are satisfied. Further, data disclosed to an individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to a third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regula- tions. The department shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementa- tion, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision. B. Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled sub- stances shall not be provided data obtained from CURES.
3. The department shall, no later than January 1, 2021, adopt regulations regarding the access and use of the information within CURES. The department shall consult with all stakeholders identified by the depart- ment during the rulemaking process. The regulations shall, at a minimum, address all of the following in a manner consistent with this chapter: A. The process for approving, denying, and disap- proving individuals or entities seeking access to information in CURES. B. The purposes for which a health care practitioner may access information in CURES. C. The conditions under which a warrant, sub- poena, or court order is required for a law enforce- ment agency to obtain information from CURES as part of a criminal investigation. D. The process by which information in CURES may be provided for educational, peer review, statistical, or research purposes. 4. In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data are provided and the health care practitioner keeps a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1. (d) For each prescription for a Schedule II, Schedule III, Schedule IV, or Schedule V controlled substance, as defined in the controlled substances schedules in fed- eral law and regulations, specifically Sections 1308.12, 1308.13, 1308.14, and 1308.15, respectively, of Title 21 of the Code of Federal Regulations, the dispensing phar- macy, clinic, or other dispenser shall report the following information to the department or contracted prescription data processing vendor as soon as reasonably possible, but not more than one working day after the date a controlled substance is released to the patient or patient’s representa- tive, in a format specified by the department: 1. Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user. 2. The prescriber’s category of licensure, license num- ber, national provider identifier (NPI) number, if applicable, the federal controlled substance registra- tion number, and the state medical license number of a prescriber using the federal controlled substance registration number of a government-exempt facility. 3. Pharmacy prescription number, license number, NPI number, and federal controlled substance registra- tion number.
18
EliteLearning.com/Dental
Powered by FlippingBook