Confidentiality of Information Entrusted to Pharmacist

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  1. Notwithstanding any requirement of state law to the contrary, a pharmacist is immune from liability to any person for disclosing patient information to a person authorized by this title to prescribe drugs or devices or to communicate a prescription order where necessary to:
    1. Fulfill the pharmacist's responsibility to carry out prospective drug use review under state law and 42 CFR Part 456 for the purpose of identifying and resolving actual or potential drug-related problems, including, for example, therapeutic duplication, drug-drug interactions, incorrect drug dosage, drug-disease contraindication, duration of drug treatment, or over-utilization or under-utilization and any other drug therapy problems outlined in 42 CFR § 456.705;
    2. Assist prescribers in obtaining a comprehensive drug history on a patient;
    3. Prevent abuse or misuse of any drug or device and the diversion of controlled substances; or
    4. Provide a medication therapy management program or a quality assurance program.
  2. Disclosure of information pursuant to this section shall not constitute a waiver of any confidentiality or privilege that may be provided by law.
  3. This section shall apply only to confidentiality or privilege and shall not apply to actions arising in negligence.


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