Criteria for indicators of misuse; Director’s authority to disclose information; intervention

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(a) The Director may establish through rulemaking:

(1) Criteria for indicators of misuse or abuse of covered substances;

(2) A method for analysis of data collected by the Program using the criteria for indicators of misuse or abuse of covered substances;

(3) Criteria for indications of a possible violation of law or a possible breach of professional standards by a prescriber or dispenser; and

(4) A method for analysis of data collected by the Program using the criteria for indications of a possible violation of law or a possible breach of professional standards by a prescriber or dispenser.

(b)(1) Upon the development of the criteria and data analysis, the Program may review prescription monitoring program data for indications of:

(A) Possible misuse or abuse of a covered prescription drug; and

(B) A possible violation of law or possible breach of professional standards by a prescriber or a dispenser.

(2) If the Program's review of prescription monitoring data indicates a possible violation of paragraph (1) of this subsection, the Director may, in addition to any discretionary disclosure of information pursuant to this chapter:

(A) Report the possible misuse or abuse by a patient to the specific prescriber or dispenser of the covered prescription drug for the purpose of intervention to prevent such misuse or abuse;

(B) Notify the prescriber or dispenser of the possible violation of law or possible breach of professional standards; and

(C) Provide education to the prescriber or dispenser.

(Feb. 22, 2014, D.C. Law 20-66, § 8, 61 DCR 7; Apr. 11, 2019, D.C. Law 22-288, § 401(d), 66 DCR 1656.)

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


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