1. (a) The Secretary, in consultation with the Board, shall adopt regulations to carry out this subtitle.

2. (b) The regulations adopted by the Secretary shall:

   1. (1) Specify the prescription monitoring data and naloxone medication data required to be submitted under § 21-2A-03 of this subtitle;

   2. (2) Specify the electronic or other means by which information is to be submitted:

      1. (i) Without unduly increasing the workload and expense on dispensers; and
      2. (ii) In a manner as compatible as possible with existing data submission practices of dispensers;
   3. (3) Specify that the information be submitted by dispensers once every 24 hours;

   4. (4) Specify that the Program:

      1. (i) Shall provide the information technology software to dispensers necessary to upload prescription drug monitoring data and naloxone medication data to the Program; and
      2. (ii) May not impose any fees or other assessments on prescribers or dispensers to support the operation of the Program;

   5. (5) Identify the mechanism by which:

      1. (i) Prescription monitoring data are disclosed to a person, in accordance with § 21-2A-06 of this subtitle; and
      2. (ii) Naloxone medication data are disclosed to a person, in accordance with § 21-2A-06.1 of this subtitle;
   6. (6) Identify the circumstances under which a person may disclose prescription monitoring data or naloxone medication data received under the Program;

   7. (7) Specify the process for the Program's review of prescription monitoring data and naloxone medication data and reporting of:

      1. (i) Possible misuse or abuse of a monitored prescription drug under § 21-2A-06(c) of this subtitle; or
      2. (ii) A possible violation of law or possible breach of professional standards under § 21-2A-06(d) of this subtitle;
   8. (8) Establish requirements for Program retention of prescription monitoring data and naloxone medication data; and

   9. (9) Require that:

      1. (i) Confidential or privileged patient information be kept confidential; and
      2. (ii) Records or information protected by a privilege between a health care provider and a patient, or otherwise required by law to be held confidential, be filed in a manner that, except as otherwise provided in §§ 21-2A-06 and 21-2A-06.1 of this subtitle, does not disclose the identity of the person protected.

Added by Acts 2011, c. 166, § 2, eff. Oct. 1, 2011. Amended by Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2014, c. 651, § 1, eff. Oct. 1, 2014; Acts 2016, c. 147, § 2, eff. Oct. 1, 2016; Acts 2019, c. 531, § 1, eff. Oct. 1, 2019; Acts 2022, c. 224, § 1, eff. Oct. 1, 2022; Acts 2026, c. 6, § 1, eff. June 1, 2026.