The California Dental Practice Act _ ____________________________________________________________
(ii) A pharmacist shall, upon licensure, submit an application developed by the department to obtain approval to electronically access information regard- ing the controlled substance history of a patient that is maintained by the department. Upon approval, the depart- ment shall release to the pharmacist or their delegate the electronic history of controlled substances dispensed to an individual under the pharmacist’s care based on data contained in the CURES PDMP. (iii) A licensed physician and surgeon who does not hold a DEA registration may submit an application developed by the department to obtain approval to elec- tronically access information regarding the controlled substance history of the patient that is maintained by the depart- ment. Upon approval, the department shall release to the physician and surgeon or their delegate the electronic history of controlled substances dispensed to a patient under their care based on data contained in the CURES PDMP. (iv) The department shall implement its duties described in clauses (i), (ii), and (iii) upon completion of any techno- logical changes to the CURES database necessary to support clauses (i), (ii), and (iii), or by October 1, 2022, whichever is sooner. The department may deny an application or suspend a subscriber, for reasons that include, but are not limited to, the following: (i) Materially falsifying an application to access information contained in the CURES database. (ii) Failing to maintain effective controls for access to the patient activity report. (iii) Having their federal DEA registration suspended or revoked. (iv) Violating a law governing controlled
D. An approved health care practitioner, pharma- cist, or a person acting on behalf of a health care practitioner or pharmacist pursuant to subdivision (b) of Section 209 of the Business and Professions Code may use the depart- ment’s online portal or a health information technology system that meets the criteria required in subparagraph (E) to access infor- mation in the CURES database pursuant to this section. A subscriber who uses a health information technology system that meets the criteria required in subparagraph (E) to access the CURES database may submit automated queries to the CURES database that are trig- gered by predetermined criteria. E. An approved health care practitioner or phar- macist may submit queries to the CURES data- base through a health information technology system if the entity that operates the health information technology system certifies all of the following: (i) The entity will not use or disclose data received from the CURES database for any purpose other than delivering the data to an approved health care prac- titioner or pharmacist or performing data processing activities that may be necessary to enable the delivery unless authorized by, and pursuant to, state and federal privacy and security laws and regulations. (ii) The health information technology system will authenticate the identity of an authorized health care practitioner or pharmacist initiating queries to the CURES database and, at the time of the query to the CURES database, the health information technology system submits the following data regarding the query to CURES: (I) The date of the query. (II) The time of the query. (III) The first and last name of the patient queried. (IV) The date of birth of the patient queried. (V) The identification of the CURES user for whom the system is making the query. (iii) The health information technology
B.
substances or another law for which the possession or use of a controlled substance is an element of the crime. (v) Accessing information for a reason other than to diagnose or treat a patient, or to document compliance with the law. C. An authorized subscriber shall notify the department within 30 days of a change to the subscriber account.
system meets applicable patient privacy and information security requirements of state and federal law.
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