124.553 - INFORMATION ACCESS.

        124.553  INFORMATION ACCESS.
         1.  The board may provide information from the program to the
      following:
         a. (1)  A pharmacist or prescribing practitioner who requests
      the information and certifies in a form specified by the board that
      it is for the purpose of providing medical or pharmaceutical care to
      a patient of the pharmacist or prescribing practitioner.  Neither a
      pharmacist nor a prescribing practitioner may delegate program
      information access to another individual.
         (2)  Notwithstanding subparagraph (1), a prescribing practitioner
      may delegate program information access to another licensed health
      care professional only in emergency situations where the patient
      would be placed in greater jeopardy if the prescribing practitioner
      was required to access the information personally.
         b.  An individual who requests the individual's own program
      information in accordance with the procedure established in rules of
      the board and advisory council adopted under section 124.554.
         c.  Pursuant to an order, subpoena, or other means of legal
      compulsion for access to or release of program information that is
      issued based upon a determination of probable cause in the course of
      a specific investigation of a specific individual.
         2.  The board shall maintain a record of each person that requests
      information from the program.  Pursuant to rules adopted by the board
      and advisory council under section 124.554, the board may use the
      records to document and report statistical information.
         3.  Information contained in the program and any information
      obtained from it, and information contained in the records of
      requests for information from the program, is privileged and strictly
      confidential information.  Such information is a confidential public
      record pursuant to section 22.7, and is not subject to discovery,
      subpoena, or other means of legal compulsion for release except as
      provided in this division.  Information from the program shall not be
      released, shared with an agency or institution, or made public except
      as provided in this division.
         4.  Information collected for the program shall be retained in the
      program for four years from the date of dispensing.  The information
      shall then be destroyed.
         5.  A pharmacist or other dispenser making a report to the program
      reasonably and in good faith pursuant to this division is immune from
      any liability, civil, criminal, or administrative, which might
      otherwise be incurred or imposed as a result of the report.
         6.  Nothing in this section shall require a pharmacist or
      prescribing practitioner to obtain information about a patient from
      the program.  A pharmacist or prescribing practitioner does not have
      a duty and shall not be held liable in damages to any person in any
      civil or derivative criminal or administrative action for injury,
      death, or loss to person or property on the basis that the pharmacist
      or prescribing practitioner did or did not seek or obtain or use
      information from the program.  A pharmacist or prescribing
      practitioner acting reasonably and in good faith is immune from any
      civil, criminal, or administrative liability that might otherwise be
      incurred or imposed for requesting or receiving or using information
      from the program.
         7.  The board shall not charge a fee to a pharmacy, pharmacist, or
      prescribing practitioner for the establishment, maintenance, or
      administration of the program, including costs for forms required to
      submit information to or access information from the program, except
      that the board may charge a fee to an individual who requests the
      individual's own program information.  A fee charged pursuant to this
      subsection shall not exceed the actual cost of providing the
      requested information and shall be considered a repayment receipt as
      defined in section 8.2.  
         Section History: Recent Form
         2006 Acts, ch 1147, §4, 11; 2007 Acts, ch 8, §19; 2007 Acts, ch
      126, §27, 28
         Referred to in § 22.7, 124.554 
         Footnotes
         For future repeal of this section effective June 30, 2011, see
      2009 Acts, ch 36, § 3