(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Advisory Board on Prescription Drug Monitoring. (c) (1) “Dispense” has the meaning stated in § 12–101 of the Health Occupations Article. (2) “Dispense” does not include: (i) Directly administering a monitored prescription drug to a patient; or (ii) Giving out prescription drug samples. (d) (1) “Dispenser” means a person […]
(a) There is a Prescription Drug Monitoring Program in the Department. (b) The mission of the Program is to: (1) Assist prescribers, pharmacists, and public health professionals in: (i) The identification and prevention of prescription drug abuse; and (ii) The identification and investigation of unlawful prescription drug diversion; and (2) Promote a balanced use of prescription monitoring data to assist appropriate […]
(a) The Department shall implement the Program, subject to the availability of funds. (b) The Secretary may: (1) Assign responsibility for the operation of the Program to any unit in the Department; (2) Contract with any qualified person for the efficient and economical operation of the Program; and (3) Identify and publish a list of monitored prescription drugs that have […]
(a) The Secretary, in consultation with the Board, shall adopt regulations to carry out this subtitle. (b) The regulations adopted by the Secretary shall: (1) Specify the prescription monitoring data required to be submitted under § 21–2A–03 of this subtitle; (2) Specify the electronic or other means by which information is to be submitted: (i) Without unduly increasing the workload […]
(a) A prescriber shall be registered with the Program before obtaining a new or renewal registration with the Department under § 5–304(a) of the Criminal Law Article or by July 1, 2017, whichever is sooner. (b) A pharmacist shall be registered with the Program by July 1, 2017. (c) Before registering with the Program, a prescriber and a […]
(a) (1) Beginning July 1, 2018, a prescriber: (i) Shall request at least the prior 4 months of prescription monitoring data for a patient before initiating a course of treatment for the patient that includes prescribing or dispensing an opioid or a benzodiazepine; (ii) Shall, if a patient’s course of treatment continues to include prescribing or dispensing an opioid […]
A prescriber or pharmacist may authorize a prescriber delegate or pharmacist delegate to request prescription monitoring data on behalf of the prescriber or pharmacist if: (1) The prescriber or pharmacist takes reasonable steps to ensure that the prescriber delegate or pharmacist delegate is competent in the use of the Program; (2) The prescriber or pharmacist remains responsible […]
(a) There is an Advisory Board on Prescription Drug Monitoring in the Department. (b) The Board shall consist of the following members: (1) The Secretary, or the Secretary’s designee; (2) The President of the State Board of Pharmacy, or the President’s designee; (3) The Chair of the State Board of Physicians, or the Chair’s designee; (4) The President of the State […]
(a) Prescription monitoring data: (1) Are confidential and privileged, and not subject to discovery, subpoena, or other means of legal compulsion in civil litigation; (2) Are not public records; and (3) Except as provided in subsections (b), (c), (d), and (f) of this section or as otherwise provided by law, may not be disclosed to any person. (b) The Program […]
(a) There is a technical advisory committee to the Program. (b) The purpose of the technical advisory committee is to: (1) Review requests for information from the Program under § 21–2A–06(b)(3), (4), (5), (6), (8), or (9) of this subtitle; and (2) Provide clinical guidance and interpretation to the Program regarding indications of possible misuse or abuse of a […]
(a) With respect to the administration and operation of the Program, the Department and its agents and employees are not subject to liability arising from: (1) The inaccuracy of any information submitted to the Program in accordance with this subtitle; or (2) The unauthorized use or disclosure of prescription monitoring data by a person to whom the Program […]
(a) A dispenser who knowingly fails to submit prescription monitoring data to the Program as required under this subtitle shall be subject to a civil penalty not exceeding $500 for each failure to submit required information. (b) (1) A person who knowingly discloses, uses, obtains, or attempts to obtain by fraud or deceit, prescription monitoring data in violation […]
