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2017 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 7 - State Board of Health -- Department of Health
Subchapter 6 - Prescription Drug Monitoring Program Act
§ 20-7-611. Unlawful acts and penalties
Universal Citation: AR Code § 20-7-611 (2017)
- (a)
- (1) It is unlawful for a dispenser to purposely fail to submit prescription monitoring information as required under this subchapter.
- (2) A violation of subdivision (a)(1) of this section is a Class B misdemeanor.
- (b)
- (1) It is unlawful for a dispenser to purposely submit fraudulent prescription information.
- (2) A violation of subdivision (b)(1) of this section is a Class D felony.
- (c)
- (1) It is unlawful for a person authorized to receive prescription monitoring information to purposely disclose the information in violation of this subchapter.
- (2) A violation of subdivision (c)(1) of this section is a Class C felony.
- (d)
- (1) It is unlawful for a person authorized to receive prescription drug monitoring program information to use such information in a manner or for a purpose in violation of this subchapter.
- (2) A violation of subdivision (d)(1) of this section is a Class C felony.
- (e)
- (1) It is unlawful for a person to knowingly obtain, use, or disclose or attempt to obtain, use, or disclose information by fraud or deceit from the Prescription Drug Monitoring Program or from a person authorized to receive information from the Prescription Drug Monitoring Program under this subchapter.
- (2) A violation of subdivision (e)(1) of this section is a Class C felony.
- (f) In addition to the criminal penalties provided in this section, a dispenser or practitioner who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of this subchapter may be subject to disciplinary action by the dispenser's or practitioner's licensing board.
- (g) In addition to the criminal penalties provided in this section, a law enforcement officer who uses or discloses confidential information received from the Prescription Drug Monitoring Program in a manner or for a purpose in violation of this subchapter may be subject to disciplinary action by the law enforcement officer's agency or department.
- (h) This subchapter does not limit a person whose privacy has been compromised unlawfully under this section from bringing a civil action to address the breach of privacy or to recover all damages to which the person may be entitled per violation, including attorney's fees and costs.
- (i) A practitioner who purposely fails to access the Prescription Drug Monitoring Program as required by § 20-7-604(d) is subject to disciplinary action by the licensing board of the practitioner.
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