Regulation detail

42 CFR § 2.36

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42 CFR § 2.36 removed

§ 2.36 Disclosures to prescription drug monitoring programs.

Jurisdiction: US Agency: Substance Abuse and Mental Health Services Administration (HHS)
DETOX (100%) OTP (60%) OUTPATIENT (60%) SUD_IOP (100%) SUD_PHP (100%) SUD_RESIDENTIAL (100%)
Plain-English summary

A Part 2 program (federally regulated substance use disorder treatment program) or other lawful holder may report SUD medications prescribed or dispensed to a state prescription drug monitoring program (PDMP) when required by state law, but must first obtain patient consent under 42 CFR § 2.31 before making such a disclosure. This rule governs the conditions and consent requirements for PDMP reporting by Part 2 programs.

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Regulation text
§ 2.36 Disclosures to prescription drug monitoring programs.

A part 2 program or other lawful holder is permitted to report any SUD medication prescribed or dispensed by the part 2 program to the applicable state prescription drug monitoring program if required by applicable state law. A part 2 program or other lawful holder must obtain patient consent to a disclosure of records to a prescription drug monitoring program under § 2.31 prior to reporting of such information.

[85 FR 43038, July 15, 2020]