Georgia Code
Part 2 - Prescription Drug Monitoring Program Data Base
§ 16-13-60. Privacy and Confidentiality; Use of Data; Security Program

(c.1) An individual authorized to access PDMP prescription information pursuant to this part may:
(3) Include PDMP prescription information in a patient’s electronic health or medical record.
History. Code 1981, § 16-13-60 , enacted by Ga. L. 2011, p. 659, § 2/SB 36; Ga. L. 2016, p. 202, § 2/HB 900; Ga. L. 2017, p. 319, § 1-2/HB 249; Ga. L. 2018, p. 550, § 4-5/SB 407; Ga. L. 2018, p. 1112, § 16/SB 365; Ga. L. 2019, p. 933, § 2/SB 121.
The 2016 amendment, effective July 1, 2016, added the third and fourth sentences in subsection (b); in subsection (c), added “or to delegates of such persons authorized to prescribe or dispense controlled substances in accordance with the following:” at the end of paragraph (c)(1), added subparagraphs (c)(1)(A) through (c)(1)(C), substituted the present provisions of paragraph (c)(3) for the former provisions, which read: “To local, state, or federal law enforcement or prosecutorial officials pursuant to the issuance of a search warrant pursuant to Article 2 of Chapter 5 of Title 17; and”, substituted the present provisions of paragraph (c)(4) for the former provisions, which read: “To the agency or the Georgia Composite Medical Board upon the issuance of an administrative subpoena issued by a Georgia state administrative law judge.”; added subsection (c.1); and, in subsection (d), inserted “statistical” and inserted “and other entities” near the beginning, and added “; the board may provide nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes” at the end.
The 2017 amendment, effective July 1, 2017, substituted “department” for “agency” throughout this Code section; inserted “, (c.1),” in subsection (a); inserted “or department” in the third sentence of subsection (b); rewrote subsections (c) and (c.1); substituted the present provisions of subsection (d) for the former provisions, which read: “The board may provide statistical data to government entities and other entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers; the board may provide nonpatient specific data to the agency for instructional, drug abuse prevention, and research purposes.”; in subsection (e), substituted “entity that receives PDMP” for “entity who receives electronic data base” near the beginning, substituted “disclose” for “provide” in the middle, and inserted “as otherwise permitted” near the end; substituted “PDMP” for “electronic data base” near the beginning of the first sentence of subsection (f); and, in subsection (g), deleted “existing on June 30, 2011,” following “any authority” and twice inserted “PDMP”.
The 2018 amendments.
The first 2018 amendment, effective July 1, 2018, in paragraph (c)(3), deleted “pursuant to Article 2 of Chapter 5 of Title 17” following “officials are located” near the middle and substituted “as allowed by federal law by the issuance of a search warrant, a grand jury subpoena, an administrative subpoena, or a civil investigative demand” for “pursuant to the issuance of a search warrant pursuant to 21 U.S.C. or a grand jury subpoena pursuant to 18 U.S.C.” in the middle; substituted “power” for “powers” at the end of paragraph (c)(4); substituted the present provisions of subparagraph (c)(5)(A) for the former provisions, which read: “(c)(5)(A) To not more than two individuals who are members per shift or rotation of the prescriber’s or dispenser’s staff or employed at the health care facility in which the prescriber is practicing, provided that such individuals:
“(i) Are licensed under Chapter 11, 30, 34, or 35 of Title 43;
“(ii) Are registered under Title 26;
“(iii) Are licensed under Chapter 26 of Title 43 and submit to the annual registration process required by subsection (a) of Code Section 16-13-35, and for purposes of this Code section, such individuals shall not be deemed exempted from registration as set forth in subsection (g) of Code Section 16-13-35; or
“(iv) Submit to the annual registration process required by subsection (a) of Code Section 16-13-35, and for purposes of this Code section, such individuals shall not be deemed exempted from registration as set forth in subsection (g) of Code Section 16-13-35;”; deleted “and” at the end of paragraph (c)(6); added “; and” at the end of paragraph (c)(7); and added paragraph (c)(8). The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation near the end of subsection (a); and substituted “existing subpoena power” for “existing subpoena powers” at the end of paragraph (c)(4).
The 2019 amendment, effective July 1, 2019, in paragraph (c)(3), substituted “located; to” for “located or to” in the middle, and added “or to the Attorney General’s Medicaid Fraud Control Unit by the issuance of an administrative subpoena;” at the end.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2017, “of” was inserted following “subsection (a)” in divisions (c)(5)(A)(iii) and (c)(5)(A)(iv).
Editor’s notes.
Ga. L. 2017, p. 319, § 1-1/HB 249, not codified by the General Assembly, provides: “This part shall be known and may be cited as the ‘Jeffrey Dallas Gay, Jr., Act.’ ”
Law reviews.
For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).