Section 20-2-215

Confidentiality of database.

THIS SECTION WAS AMENDED BY ACT 2018-146 IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The controlled substances database and all information contained therein and any records maintained by the department or by any entity contracting with the department which is submitted to, maintained, or stored as a part of the controlled substances prescription database, and any reproduction or copy of that information is declared privileged and confidential, is not a public record, and is not subject to subpoena or discovery in civil proceedings. This information is considered clinical in nature, subject to medical interpretation, and may only be used for any of the following:

(1) Investigatory or evidentiary purposes related to violations of state or federal law.

(2) Regulatory activities of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled substances.

(3) Informing pharmacists and practitioners in prescribing or dispensing controlled substances.

(4) Bona fide statistical, research, or educational purposes when information is properly de-identified as provided in this article.

(b) Nothing in this section shall apply to records not originating from the controlled substances database that are created or maintained in the regular course of business of a pharmacy, medical, dental, optometric, or veterinary practitioner, or other entity covered by this article and all information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because such information contained in those records was reported to the controlled substances prescription database in accordance with the provisions of this article.

(Act 2004-443, p. 781, §6; Act 2013-256, p. 666, §1; Act 2018-146, §1.)