If the state board of pharmacy establishes and maintains a drug database pursuant to section4729.75of the Revised Code, all of the following apply:
(A)(1) No person identified in divisions (A)(1) to (13), (15) to (26), or (B) of section4729.80of the Revised Code shall disseminate any written or electronic information the person receives from the drug database or otherwise provide another person access to the information that the person receives from the database, except as follows:
(a)When necessary in the investigation or prosecution of a possible or alleged criminal offense;
(b)When a person provides the information to the prescriber, pharmacist, or retail dispensary licensed under Chapter 3796. of the Revised Code for whom the person is approved by the board to serve as a delegate
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If the state board of pharmacy establishes and maintains a drug database pursuant to section4729.75of the Revised Code, all of the following apply:
(A)(1) No person identified in divisions (A)(1) to (13), (15) to (26), or (B) of section4729.80of the Revised Code shall disseminate any written or electronic information the person receives from the drug database or otherwise provide another person access to the information that the person receives from the database, except as follows:
(a) When necessary in the investigation or prosecution of a possible or alleged criminal offense;
(b) When a person provides the information to the prescriber, pharmacist, or retail dispensary licensed under Chapter 3796. of the Revised Code for whom the person is approved by the board to serve as a delegate of the prescriber, pharmacist, or retail dispensary for purposes of requesting and receiving information from the drug database under division (A)(5), (6), or (15) of section4729.80of the Revised Code;
(c) When a prescriber, pharmacist, or retail dispensary licensed under Chapter 3796. of the Revised Code provides the information to a person who is approved by the board to serve as such a delegate of the prescriber, pharmacist, or retail dispensary;
(d) When a prescriber or pharmacist includes the information in a medical record, as defined in section3701.74of the Revised Code.
(2) No person shall provide false information to the state board of pharmacy with the intent to obtain or alter information contained in the drug database.
(3) No person shall obtain drug database information by any means except as provided under section4729.80or4729.81of the Revised Code.
(B) A person shall not use information obtained pursuant to division (A) of section4729.80of the Revised Code as evidence in any civil or administrative proceeding.
(C)(1) Except as provided in division (C)(2) of this section, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the board may restrict a person from obtaining further information from the drug database if any of the following is the case:
(a) The person violates division (A)(1), (2), or (3) of this section;
(b) The person is a requestor identified in division (A)(14) or (22) of section4729.80of the Revised Code and the board determines that the person's actions in another state would have constituted a violation of division (A)(1), (2), or (3) of this section;
(c) The person fails to comply with division (B) of this section, regardless of the jurisdiction in which the failure to comply occurred;
(d) The person creates, by clear and convincing evidence, a threat to the security of information contained in the database.
(2) If the board determines that allegations regarding a person's actions warrant restricting the person from obtaining further information from the drug database without a prior hearing, the board may summarily impose the restriction. A telephone conference call may be used for reviewing the allegations and taking a vote on the summary restriction. The summary restriction shall remain in effect, unless removed by the board, until the board's final adjudication order becomes effective.
(3) The board shall determine the extent to which the person is restricted from obtaining further information from the database.
Last updated September 25, 2023 at 10:16 AM