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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is it a violation healthcare board to run a PDMP on me and

Customer Question

Is it a violation for a healthcare board to run a PDMP on me and then distribute that info to my provider without my permission?
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What is your relation to the healthcare board?

What is a PDMP?

Customer: replied 8 months ago.
I I am a nurse and it is the Oregon State Board of Nursing. Pdmp is a state drug monitoring program where pharmacies report scheduled drugs to a system and Physicians and pharmacist can access this for better care for their clients. From what I researched it's okay for healthcare boards to access information but I don't think that they can distribute that information
Customer: replied 8 months ago.
Can you not look up the program?
Expert:  Dwayne B. replied 8 months ago.

I understand now. Yes, I can look up anything but it's usually better to get the customer's understanding of what they are asking because the abbreviations aren't always the same.

I'm going to opt out of this one and open it back up to the other experts. No need to reply, that will only delay someone else picking up.

Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Your previous expert has opted out and I have opted in. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, this is not a violation, I am afraid. Healthcare board are specifically allowed to access this information to pursue to an active investigation of a specific individual who is licensed by the board conducting the investigation. As such, the communication of PDMP to the healthcare board is not unlawful or in violation of privacy rights or HIPAA.

Once the Board has the information, they can communicate to the provider. Now, the provider cannot generally communicate back because that may be a HIPAA violation, but they can receive the information as the Board is not bound by the same HIPAA restrictions and privacy laws if they are conducting an investigation.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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