1. (a) A Pharmacist-User must not use, disclose, or transfer data obtained from CURES unless the use, disclosure, or transfer is consistent with all of the following:

   1. (1) The use, disclosure, or transfer is for the same authorized purpose for which the data was originally requested under section 823.4.

   2. (2) The use, disclosure, or transfer complies with all applicable federal and State privacy, confidentiality, and security laws and regulations, including, but not limited to:

      1. (A) The Confidentiality of Medical Information Act (Part 2.6 (commencing with section 56) of Division 1 of the Civil Code).
      2. (B) The HIPAA Regulations.
      3. (C) Health and Safety Code section 11165, subdivision (c).

2. (b) Notwithstanding subdivision (a)(1), a Pharmacist-User may disclose or transfer data obtained from CURES to either of the following:

   1. (1) A Prescriber, Out-of-State Prescriber, Interstate Prescriber, Non-DEA Practitioner, Interstate Non-DEA Practitioner, Pharmacist, Out-of-State Pharmacist, or Interstate Pharmacist, if all of the following requirements are met:

      1. (A) The patient whose data is disclosed or transferred is Under the Care of the Prescriber, Out-of-State Prescriber, Interstate Prescriber, Non-DEA Practitioner, Interstate Non-DEA Practitioner, Pharmacist, Out-of-State Pharmacist, or Interstate Pharmacist to whom the data is disclosed or transferred.
      2. (B) The disclosure or transfer complies with subdivision (a)(2).
      3. (C) The data was obtained in accordance with the restrictions of section 823.4.

   2. (2) The Pharmacist-User's Licensing Board to document compliance with the law, if both of the following are met:

      1. (A) The disclosure or transfer complies with subdivision (a)(2).
      2. (B) The data was obtained in accordance with the restrictions of section 823.4.
3. (c) A Pharmacist-User must not sell any data obtained from CURES.

Note: Authority cited: Section 11165, Health and Safety Code. Reference: Sections 11165, 11165.1 and 11165.3, Health and Safety Code.

History

1. Change without regulatory effect renumbering and amending former section 823, subsections (e)-(e)(1)(C) to new section 823.5 filed 2-2-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 6).

2. Renumbering of former section 823.5 to section 825.5 and renumbering of former section 822.5 to new section 823.5, including amendment of section heading and section, filed 8-15-2022; operative 8-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).