Page:United States Statutes at Large Volume 119.djvu/2001

 PUBLIC LAW 109–60—AUG. 11, 2005

119 STAT. 1983

‘‘(2) The database must be searchable by any field or combination of fields. ‘‘(3) The State shall include reported information in the database in a manner consistent with criteria established by the Secretary, with appropriate safeguards for ensuring the accuracy and completeness of the database. ‘‘(4) The State shall take appropriate security measures to protect the integrity of, and access to, the database. ‘‘(f) USE AND DISCLOSURE OF INFORMATION.— ‘‘(1) IN GENERAL.—Subject to subsection (g), in implementing or improving a controlled substance monitoring program under this section, a State may disclose information from the database established under subsection (e) and, in the case of a request under subparagraph (D), summary statistics of such information, only in response to a request by— ‘‘(A) a practitioner (or the agent thereof) who certifies, under the procedures determined by the State, that the requested information is for the purpose of providing medical or pharmaceutical treatment or evaluating the need for such treatment to a bona fide current patient; ‘‘(B) any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority, who certifies, under the procedures determined by the State, that the requested information is related to an individual investigation or proceeding involving the unlawful diversion or misuse of a schedule II, III, or IV substance, and such information will further the purpose of the investigation or assist in the proceeding; ‘‘(C) the controlled substance monitoring program of another State or group of States with whom the State has established an interoperability agreement; ‘‘(D) any agent of the Department of Health and Human Services, a State medicaid program, a State health department, or the Drug Enforcement Administration who certifies that the requested information is necessary for research to be conducted by such department, program, or administration, respectively, and the intended purpose of the research is related to a function committed to such department, program, or administration by law that is not investigative in nature; or ‘‘(E) an agent of the State agency or entity of another State that is responsible for the establishment and maintenance of that State’s controlled substance monitoring program, who certifies that— ‘‘(i) the State has an application approved under this section; and ‘‘(ii) the requested information is for the purpose of implementing the State’s controlled substance monitoring program under this section. ‘‘(2) DRUG DIVERSION.—In consultation with practitioners, dispensers, and other relevant and interested stakeholders, a State receiving a grant under subsection (a)— ‘‘(A) shall establish a program to notify practitioners and dispensers of information that will help identify and prevent the unlawful diversion or misuse of controlled substances; and

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