Unlawful acts and penalties

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Health and Safety
5. State Board of Health — Department of Health
6. Prescription Drug Monitoring Program Act
7. Unlawful acts and penalties

1. (a)

   1. (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under this subchapter.

   2. (2) A violation of subdivision (a)(1) of this section is a Class B misdemeanor.

2. (b)

   1. (1) It is unlawful for a dispenser to purposely submit fraudulent prescription information.

   2. (2) A violation of subdivision (b)(1) of this section is a Class D felony.

3. (c)

   1. (1) It is unlawful for a person authorized to receive prescription monitoring information to purposely disclose the information in violation of this subchapter.

   2. (2) A violation of subdivision (c)(1) of this section is a Class C felony.

4. (d)

   1. (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 this subchapter.

   2. (2) A violation of subdivision (d)(1) of this section is a Class C felony.

5. (e)

   1. (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 this subchapter.

   2. (2) A violation of subdivision (e)(1) of this section is a Class C felony.

6. (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 this subchapter may be subject to disciplinary action by the dispenser's or practitioner's licensing board.

7. (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 this subchapter may be subject to disciplinary action by the law enforcement officer's agency or department.

8. (h) This subchapter does 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.

9. (i) A practitioner who purposely fails to access the Prescription Drug Monitoring Program as required by § 20-7-604(d) is subject to disciplinary action by the licensing board of the practitioner.

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