§ 3371-a. Disclosure of certain records, reports, and information to\nanother state. 1. The commissioner is authorized to disclose records,\nreports and information filed pursuant to sections thirty-three hundred\nthirty-one and thirty-three hundred thirty-three of this article:
(a)to\nanother state's controlled substance monitoring program or other\nauthorized agency with which the department has established an\ninteroperability agreement, pursuant to judicial subpoena or court order\nin a criminal investigation or proceeding in that state;\n (b) to another state's agency, department, or board with which the\ndepartment has established an interoperability agreement and which is\nauthorized to regulate, license, register or otherwise supervise a\nperson who is authorized by law to deal
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§ 3371-a. Disclosure of certain records, reports, and information to\nanother state. 1. The commissioner is authorized to disclose records,\nreports and information filed pursuant to sections thirty-three hundred\nthirty-one and thirty-three hundred thirty-three of this article: (a) to\nanother state's controlled substance monitoring program or other\nauthorized agency with which the department has established an\ninteroperability agreement, pursuant to judicial subpoena or court order\nin a criminal investigation or proceeding in that state;\n (b) to another state's agency, department, or board with which the\ndepartment has established an interoperability agreement and which is\nauthorized to regulate, license, register or otherwise supervise a\nperson who is authorized by law to deal in controlled substances, in the\ncourse of any investigation or proceeding by or before such agency,\ndepartment or board;\n (c) to another state's controlled substance monitoring program or\nother authorized agency with which the department has established an\ninteroperability agreement to inform a practitioner in another state\nthat a patient may be under treatment with a controlled substance by\nanother practitioner; or\n (d) to another state's controlled substance monitoring program or\nother authorized agency with which the department has established an\ninteroperability agreement to inform a pharmacy in another state that a\nperson who presents or has presented a prescription for one or more\ncontrolled substances at the pharmacy may have also obtained controlled\nsubstances at another pharmacy where the circumstances indicate a\npossibility of drug abuse or diversion, potential harm to the person, or\nsimilar grounds under regulations of the commissioner.\n 2. Records, reports, and information disclosed under the provisions of\nthis section shall be in accordance with regulations promulgated by the\ncommissioner and shall include, but not be limited to:\n (a) the authentication of the person requesting such information;\n (b) an attestation from the person requesting the information that he\nor she has authority to request and receive such information, and that\nsuch information will only be used consistent with the purpose of the\nrequest for such information;\n (c) a statement of the purpose of the request for such information;\nand\n (d) ensuring that such information is, or will be, transmitted in a\nsecure manner.\n 3. Every agreement under subdivision one of this section shall:\n (a) require reciprocity with the department on the part of every other\nparty to the agreement;\n (b) guarantee protection for the confidentiality of information\ndisclosed at least as strong as the protections that would apply to the\ninformation when in the possession of the department, including remedies\nfor breaches of confidentiality; and\n (c) be subject to renewal not less frequently than every two years.\n