Section 80.107 - Confidentiality

80.107 Confidentiality. No person who has knowledge by virtue of his office of the identity of a particular patient or research subject, a manufacturing process, a trade secret or a formula shall disclose such knowledge, or any report or record thereof, except:

(a) to another person who by virtue of his office as an employee of the department is entitled to obtain such information;

(b) pursuant to judicial subpoena or court order in a criminal investigation or proceedings;

(c) to an agency department of government, or official board authorized to regulate, license or otherwise supervise a person who is authorized by article 33 of the Public Health Law to deal in controlled substances, or in the course of any investigation or proceeding by or before such agency, department or board; or

(d) to the prescription monitoring program registry and to authorized users of such registry as set forth in Public Health Law section 3371(2);

(e) to a practitioner to inform him or her that a person under his or her treatment with a controlled substance also may be under treatment with a controlled substance by another practitioner for the purposes of Public Health Law section 3371(2), and to facilitate the department's review of individual challenges to the accuracy of controlled substance histories pursuant to Public Health Law section 3343-a(6);

(f) to a pharmacist to provide information regarding prescriptions for controlled substances presented to the pharmacist for the purposes of Public Health Law section 3371(2) and to facilitate the department's review of individual challenges to the accuracy of controlled substance histories pursuant to Public Health Law section 3343-a(6);

(g) to the deputy attorney general for Medicaid fraud control, or his or her designee, in furtherance of an investigation of fraud, waste or abuse of the Medicaid program, pursuant to an agreement with the department;

(h) to a local health department for the purpose of conducting public health research or education:

(1) pursuant to an agreement with the commissioner;

(2) when the release of such information is deemed appropriate by the commissioner;

(3) for use in accordance with measures required by the commissioner to ensure that the security and confidentiality of the data is protected; and

(4) provided that disclosure is restricted to individuals within the local health department who are engaged in the research or education;

(i) to a medical examiner or coroner who is an officer of or employed by a state or local government, pursuant to his or her official duties;

(j) to an individual for the purpose of providing such individual with his or her own controlled substance history or, in appropriate circumstances, in the case of a patient who lacks capacity to make health care decisions, a person who has legal authority to make such decisions for the patient and who would have legal access to the patient's health care records, if requested from the department pursuant to Public Health Law section 3343-a(6) or from a treating practitioner pursuant to Public Health Law section 3371(2)(a)(iv); and

(k) to appropriate law enforcement agencies, as reasonably appears to be necessary, for the purposes of providing relevant information about suspected criminal activity, including controlled substances prescribed or dispensed, where the department has reason to believe that a crime related to the diversion of controlled substances has been committed.

Effective Date: 
Tuesday, August 27, 2013
Doc Status: 
Complete