(a) Failure to submit prescription drug monitoring information.
- (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under Arkansas Code §§ 20-7-601 – 20-7-615 and this part.
- (2) A violation of subdivision (a)(1) of this section is a Class B misdemeanor.
(b) Purposely submitting fraudulent prescription information.
- (1) It is unlawful for a dispenser to purposely submit fraudulent prescription information.
- (2) A violation of subdivision (b)(1) of this section is a Class D felony.
(c) Unlawful disclosure of prescription monitoring information.
- (1) It is unlawful for a person authorized to receive prescription monitoring information to purposely disclose the information in violation of Arkansas Code §§ 20-7-601 – 20-7-615 and this part.
- (2) A violation of subdivision (c)(1) of this section is a Class C felony.
(d) Unlawful use of prescription monitoring information.
- (1) It is unlawful for a person authorized to receive prescription drug monitoring program information to use such information in a manner or for a purpose in violation of Arkansas Code §§ 20-7-601 – 20-7-615 and this part.
- (2) A violation of subsection (d)(1) of this section is a Class C felony.
(e) Unlawful disclosure by fraud or deceit of prescription drug monitoring information.
- (1) It is unlawful for a person to knowingly obtain, use, or disclose or attempt to obtain, use, or disclose information by fraud or deceit from the Prescription Drug Monitoring Program or from a person authorized to receive information from the Prescription Drug Monitoring Program under Arkansas Code §§ 20-7-601 – 20-7-615 and this part.
- (2) A violation of subdivision (e)(1) of this section is a Class C felony.
- (f) In addition to the criminal penalties provided in this section, a dispenser or practitioner who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of Arkansas Code §§ 20-7-601 – 20-7-615 and this part may be subject to disciplinary action by the dispenser's or practitioner's licensing board.
- (g) In addition to the criminal penalties provided in this section, a law enforcement officer who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of Arkansas Code §§ 20-7-601 – 20-7-615 and this part may be subject to disciplinary action by the law enforcement officer's agency or department.
- (h) Arkansas Code §§ 20-7-601 – 20-7-615 and this part do not limit a person whose privacy has been compromised unlawfully under this section from bringing a civil action to address the breach of privacy or to recover all damages to which the person may be entitled per violation, including attorney's fees and costs.
- (i) A practitioner who purposely fails to access the Prescription Drug Monitoring Program as required by Arkansas Code § 20-7-604(d) is subject to disciplinary action by the licensing board of the practitioner.