Rule 480-16-.07 - Release of Confidential Prescription Drug Order InformationConfidential prescription drug order information means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient, to the patient's designee, or to those practitioners and other pharmacists where, in the pharmacist's professional judgement, such release is necessary to protect the patient's health and well being; and to such other persons or government agencies authorized by law to receive such confidential information.
(a) An electronically transmitted prescription drug order from a prescriber to a pharmacist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever;(b) Any pharmacist that transmits, receives, or maintains any prescription drug order or prescription drug order refill authorization either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein;(c) Information contained in the patient medication record or profile shall be considered confidential as defined by this Rule.(d) Confidential information may be released to the following:2. The patient's authorized representative;3. The prescriber, or other licensed health care practitioners then caring for the patient;4. Another licensed pharmacist for purposes of transferring a prescription or as a part of a patient's drug utilization review, or other patient counseling requirements;5. The Board, or its representative; or6. Any law enforcement personnel duly authorized to receive such information such as a GDNA agent, DEA Agent, or Georgia Medicaid Agent.(e) In accordance with O.C.G.A. 24-9-40(b), 26-4-80 and these rules, a pharmacist may release confidential information to such persons not mentioned in 480-16-. 08(d) only upon the receipt of the following: 1. A written authorization for release signed by the patient, or his or her parents or duly appointed guardian, such as in the case of a minor;2. An subpoena issued and signed by an authorized government official; or3. A court order issued and signed by a judge of an appropriate court.(f) A letter from an attorney requesting confidential information without being accompanied by an official subpoena or court order is not considered a valid mechanism to cause a pharmacist to release such requested confidential information.(g) Any pharmacist releasing information under written authorization or waiver of the patient, his or her parents or duly appointed guardian, such as in the case of a minor, or appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding.Ga. Comp. R. & Regs. R. 480-16-.07
O.C.G.A. Secs. 24-9-40, 26-4-27, 26-4-28, 26-4-80.
Original Rule entitled "Release of Confidential Prescription Drug Order Information" adopted. F. Feb. 20, 2002; eff. Mar. 12, 2002.