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Is it a violation healthcare board to run a PDMP on me and

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Is it a violation for...
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: 1 year ago.Category: Legal
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6/16/2016
Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,052
Experience: Began practicing law in 1992
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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?

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Customer reply replied 1 year 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 reply replied 1 year ago
Can you not look up the program?
Lawyer: Dwayne B., Attorney replied 1 year 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.

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Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
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Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

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Lawyer: Ely, Counselor at Law replied 1 year 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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