Virginia SB 74: Prescription Monitoring Program; release of records to drug court administrators.

Bill Text

VIRGINIAACTSOFASSEMBLY--2024SESSION
CHAPTER33
An Act to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Prescription Monitoring
Program; release of records to drug court administrators and behavioral health docket
administrators.
[S74]
ApprovedMarch8,2024
Be it enacted by the General Assembly of Virginia:
1. That §54.1-2523 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of
Director.
A. All data, records, and reports relating to the prescribing and dispensing of covered substances to
recipients and any abstracts from such data, records, and reports that are in the possession of the
Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or
security of the program shall be confidential and shall be exempt from the Virginia Freedom of
Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5. Records in possession of
the Prescription Monitoring Program shall not be available for civil subpoena, nor shall such records be
disclosed, discoverable, or compelled to be produced in any civil proceeding, nor shall such records be
deemed admissible as evidence in any civil proceeding for any reason. Further, the Director shall only
have discretion to disclose any such information as provided in subsections B and C.
B. Upon receiving a request for information in accordance with the Department's regulations and in
compliance with applicable federal law and regulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or
prescriber to an agent who has completed the Virginia State Police Drug Diversion School designated by
the superintendent of the Department of State Police or designated by the chief law-enforcement officer
of any county, city, or town or campus police department to conduct drug diversion investigations
pursuant to §54.1-3405.
2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific
person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a
health regulatory board; information relevant to a disciplinary proceeding before a health regulatory
board or in any subsequent trial or appeal of an action or board order to designated employees of the
Department of Health Professions; or to designated persons operating the Health Practitioners'
Monitoring Program pursuant to Chapter 25.1 (§54.1-2515 et seq.).
3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that
has been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of
Title 19.2.
4. Information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to
an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.
5. Information relevant to a specific investigation, supervision, or monitoring of a specific recipient
for purposes of the administration of criminal justice pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title
9.1 to a probation or parole officer as described in Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title
53.1 or, a local community-based probation officer as described in § 9.1-176.1, a drug court
administrator as described in § 18.2-254.1, or a behavioral health docket administrator as described in
§ 18.2-254.3 who has completed the Virginia State Police Drug Diversion School designated by the
Director of the Department of Corrections or his designee.
6. Information relevant to a specific investigation of a specific individual into a possible delivery of a
controlled substance in violation of § 18.2-474.1 to an investigator for the Department of Corrections
who has completed the Virginia State Police Drug Diversion School and who has been designated by
the Director of the Department of Corrections or his designee.
7. Information about a specific recipient to the Smartchart Network Program in accordance with
subdivision B 7 of §32.1-372.
C. In accordance with the Department's regulations and applicable federal law and regulations, the
Director may, in his discretion, disclose:
1. Information in the possession of the Prescription Monitoring Program concerning a recipient who
is over the age of 18 to that recipient. The information shall be mailed to the street or mailing address
indicated on the recipient request form.
2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose of
establishing the treatment history of the specific recipient when such recipient is either under care and
treatment by the prescriber or the prescriber is consulting on or initiating treatment of such recipient. In

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a manner specified by the Director in regulation, notice shall be given to patie