Page:United States Statutes at Large Volume 119.djvu/2002

 119 STAT. 1984

Records.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–60—AUG. 11, 2005

‘‘(B) may, to the extent permitted under State law, notify the appropriate authorities responsible for carrying out drug diversion investigations if the State determines that information in the database maintained by the State under subsection (e) indicates an unlawful diversion or abuse of a controlled substance. ‘‘(g) LIMITATIONS.—In implementing or improving a controlled substance monitoring program under this section, a State— ‘‘(1) shall limit the information provided pursuant to a valid request under subsection (f)(1) to the minimum necessary to accomplish the intended purpose of the request; and ‘‘(2) shall limit information provided in response to a request under subsection (f)(1)(D) to nonidentifiable information. ‘‘(h) ELECTRONIC FORMAT.—The Secretary shall specify a uniform electronic format for the reporting, sharing, and disclosure of information under this section. ‘‘(i) RULES OF CONSTRUCTION.— ‘‘(1) FUNCTIONS OTHERWISE AUTHORIZED BY LAW.—Nothing in this section shall be construed to restrict the ability of any authority, including any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority, to perform functions otherwise authorized by law. ‘‘(2) NO PREEMPTION.—Nothing in this section shall be construed as preempting any State law, except that no such law may relieve any person of a requirement otherwise applicable under this Act. ‘‘(3) ADDITIONAL PRIVACY PROTECTIONS.—Nothing in this section shall be construed as preempting any State from imposing any additional privacy protections. ‘‘(4) FEDERAL PRIVACY REQUIREMENTS.—Nothing in this section shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) and section 543 of the Public Health Service Act. ‘‘(5) NO FEDERAL PRIVATE CAUSE OF ACTION.—Nothing in this section shall be construed to create a Federal private cause of action. ‘‘(j) STUDIES AND REPORTS.— ‘‘(1) IMPLEMENTATION REPORT.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Secretary, based on a review of existing State controlled substance monitoring programs and other relevant information, shall determine whether the implementation of such programs has had a substantial negative impact on— ‘‘(i) patient access to treatment, including therapy for pain or controlled substance abuse; ‘‘(ii) pediatric patient access to treatment; or ‘‘(iii) patient enrollment in research or clinical trials in which, following the protocol that has been approved by the relevant institutional review board for the research or clinical trial, the patient has obtained a controlled substance from either the scientific investigator conducting such research or clinical trial or the agent thereof.

Jkt 039194

PO 00002

Frm 00841

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.119

APPS06

PsN: PUBL002

�