§ 63-2-309Dv2. Central repository information - Confidentiality - Access - Disclosure - Penalties - Liability.

A.  The information collected at the central repository pursuant to the Anti-Drug Diversion Act shall be confidential and shall not be open to the public.  Access to the information shall be limited to:

1.  Peace officers certified pursuant to Section 3311 of Title 70 of the Oklahoma Statutes who are employed as investigative agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

2.  The United States Drug Enforcement Administration Diversion Group Supervisor;

3.  The executive director or chief investigator, as designated by each board, of the following state boards:

a.Board of Podiatric Medical Examiners,

b.Board of Dentistry,

c.State Board of Pharmacy,

d.State Board of Medical Licensure and Supervision,

e.State Board of Osteopathic Examiners,

f.State Board of Veterinary Medical Examiners, and

g.Oklahoma Health Care Authority;

provided, however, that the executive director or chief investigator of each of these boards shall be limited to access to information relevant to licensees of the employing board of such executive director or chief investigator; and

4.  A multicounty grand jury properly convened pursuant to the Multicounty Grand Jury Act.

B.  This section shall not prevent access, at the discretion of the Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, to investigative information by peace officers and investigative agents of federal, state, county or municipal law enforcement agencies, district attorneys and the Attorney General in furtherance of criminal investigations or prosecutions within their respective jurisdictions, and to registrants in furtherance of efforts to guard against the diversion of controlled dangerous substances.

C.  This section shall not prevent the disclosure, at the discretion of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, of statistical information gathered from the central repository to the general public which shall be limited to types and quantities of controlled substances dispensed and the county where dispensed.

D.  Any unauthorized disclosure of any information collected at the central repository provided by the Anti-Drug Diversion Act shall be a misdemeanor.  Violation of the provisions of this section shall be deemed willful neglect of duty and shall be grounds for removal from office.

E.  Notwithstanding the provisions of subsection B, registrants shall have no requirement or obligation to access or check the information in the central repository prior to dispensing or administering medications or as part of their professional practices.  Registrants shall not be liable to any person for any claim of damages as a result of accessing or failing to access the information in the central repository and no lawsuit may be predicated thereon.  Nothing herein shall be construed to relieve a registrant from any duty to monitor and report the sales of certain products pursuant to subsection E of Section 2-309C of this title.

F.  Information regarding nonfatal overdoses, other than statistical information as required by Section 2-106 of this title, shall be completely confidential.  Access to this information shall be strictly limited to the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or designee, the Chief Medical Examiner, and the registrant that enters the information.  Registrants shall not be liable to any person for a claim of damages for information reported pursuant to the provisions of Section 2-105 of this title.

Added by Laws 1990, c. 210, § 4, eff. Sept. 1, 1990.  Amended by Laws 1997, c. 238, § 5, eff. Nov. 1, 1997; Laws 2004, c. 300, § 4, emerg. eff. May 12, 2004; Laws 2005, c. 128, § 4, eff. Nov. 1, 2005; Laws 2010, c. 160, § 3, eff. Nov. 1, 2010; Laws 2012, c. 51, § 1, eff. Nov. 1, 2012; Laws 2013, c. 181, § 5, eff. Nov. 1, 2013.