A. It shall be unlawful for any person having access to the confidential information in the possession of the program or any data or reports produced by the program to disclose such confidential information except as provided in this chapter. Any person having access to the confidential information in the possession of the program or any data or reports produced by the program who discloses such confidential information in violation of this chapter shall be guilty of a Class 1 misdemeanor upon conviction.
B. It shall be unlawful for any person who lawfully receives confidential information from the Prescription Monitoring Program to redisclose or use such confidential information in any way other than the authorized purpose for which the request was made. Any person who lawfully receives information from the Prescription Monitoring Program and discloses such confidential information in violation of this chapter shall be guilty of a Class 1 misdemeanor upon conviction.
C. Nothing in this section shall prohibit (i) a person who prescribes or dispenses a covered substance to a recipient required to be reported to the program from redisclosing information obtained from the Prescription Monitoring Program to another prescriber or dispenser who has responsibility for treating the recipient or (ii) a person who prescribes a covered substance from placing information obtained from the Prescription Monitoring Program in the recipient's medical record.
D. Information obtained from the Prescription Monitoring Program pursuant to subdivision B 6 of § 32.1-372 shall become part of the patient's medical record.
E. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall also be grounds for disciplinary action by the relevant health regulatory board.
2002, c. 481; 2011, cc. 812, 844; 2016, c. 309; 2020, cc. 1066, 1067.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 25.2 - Prescription Monitoring Program
§ 54.1-2520. Program establishment; Director's regulatory authority
§ 54.1-2521. Reporting requirements
§ 54.1-2522. Reporting exemptions
§ 54.1-2522.1. (Effective until July 1, 2027) Requirements of practitioners
§ 54.1-2522.1. (Effective July 1, 2027) Requirements of practitioners
§ 54.1-2522.2. Requirements for dispensers
§ 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director
§ 54.1-2523.2. (Effective until July 1, 2027) Authority to access database
§ 54.1-2523.2. (Effective July 1, 2027) Authority to access database
§ 54.1-2524. Immunity from liability
§ 54.1-2525. Unlawful disclosure of information; disciplinary action authorized; penalties