SB 74 — Prescription Monitoring Program; release of records to drug court administrators.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E33 An Act to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Prescription Monitoring administrators.eProgram; of records to drug court administrators and behavioral health docket R O [S 74] L Approved L Be it enacted by the General Assembly of Virginia:

Erelease 1.of records to drug court administrators and behavioral health docket administrators.

[S 74] Approved March 8, 2024 Be it enacted by the General Assembly of Virginia:

1.

D§ Director.-2523.54.1-2523.

discretionary authority of A.Director.

AllA. data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5.

RecordsAll indata, possessionrecords, ofand reports relating to the Prescriptionprescribing Monitoringand Programdispensing shallof notcovered besubstances availableto forrecipients civiland subpoena,any norabstracts shallfrom such rBcordsdata, berecords, disclosed,and discoverable,reports orthat compelledare toin bethe producedpossession inof anythe civilsecurity proceeding,of northe program shall suchbe re4ordsconfidential and shall be haveexempt discretionfrom tothe discloseVirginia anyFreedom suchofation informationor asInformation providedAct in(§ subsections2.2-3700 Bet andseq.) C.irectorpursuant shaElto onlysubdivision B.2 of § 2.2-3705.5.

Records in possession of the Prescription Monitoring Program shall not be available for civil subpoena, nor shall such records be disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in any civil proceeding for any reason.

Further, the Director shall only have discretion to disclose any such information as provided in subsections B and C.

B.

person2. licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board;

Information relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board;

an4. agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.ber to 5.

Information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.

5.

controlled6. substance in violation of § 18.2-474.1 to an investigator for the Department of Correctionsry of a who has completed the Virginia State Police Drug Diversion School and who has been designated by the Director of the Department of Corrections or his designee.

Information relevant to a specific investigation of a specific individual into a possible delivery of a controlled substance in violation of § 18.2-474.1 to an investigator for the Department of Corrections who has completed the Virginia State Police Drug Diversion School and who has been designated by the Director of the Department of Corrections or his designee.

Information in the possession of the Prescription Monitoring Program concerning a recipient who indicatedis onover the recipientage requestof form.18 to that recipient.

The information shall be mailed to the street or mailing address 2.indicated on the recipient request form.

Information2. on a specific recipient to a prescriber, as defined in this chapter, for the purpose of of 2 establishing the treatment history of the specific recipient when such recipient is either under care and treatment by the prescriber or the prescriber is consulting on or initiating treatment of such recipient.

InInformation on a mannerspecific specifiedrecipient byto thea Directorprescriber, as defined in regulation,this noticechapter, shallfor bethe givenpurpose toof patientsestablishing thatthe informationtreatment mayhistory beof requestedthe specific recipient when such recipient is either under care and treatment by the prescriber fromor the Prescriptionprescriber Monitoringis Program.consulting on or initiating treatment of such recipient.

In of 2 a manner specified by the Director in regulation, notice shall be given to patients that information may be requested by the prescriber from the Prescription Monitoring Program.