| | 3.__Waiver.__The office may grant a waiver of the electronic | submission requirement under subsection 1 to any dispenser for | good cause, including financial hardship, as determined by the | office.__The waiver must state the format and frequency with | which the dispenser is required to submit the required | information. |
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| | 4.__Immunity from liability.__A dispenser is immune from | liability for disclosure of information if the disclosure was | made pursuant to and in accordance with this chapter. |
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| §7250.__Access to prescription monitoring information and |
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| | 1.__Confidentiality.__Except as provided in this section, | prescription monitoring information submitted to the office is | confidential and is not a public record as defined in Title 1, | section 402, subsection 3. |
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| | 2.__Review of information.__If the prescription monitoring | information surpasses thresholds as established by the office, | the office shall notify the prescriber, the dispenser and, if the | office determines it to be necessary, the professional licensing | entity and provide all relevant prescription monitoring | information to those persons and entities through an established | letter of notification. |
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| | 3.__Permissible disclosure of information.__The office may | provide prescription monitoring information for public research, | policy or education purposes as long as all information | reasonably likely to reveal the patient or other person who is | the subject of the information has been removed. |
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| | 4.__Access to information. The following persons may access | prescription monitoring information: |
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| A.__A prescriber, insofar as the information relates to a | patient under the prescriber's care; |
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| B.__A dispenser, insofar as the information relates to a | customer of the dispenser seeking to have a prescription | filled; |
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| C.__The executive director, or a board investigator as | designated by each board, of the state boards of licensure | of podiatric medicine, dentistry, pharmacy, medicine, |
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| osteopathy, veterinary medicine, nursing or other boards | representing health care disciplines whose licensees are | prescribers, as required for an investigation, with | reasonable cause; |
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