Confidentiality
Sec. 11. (a) Information received by the central repository under
section 8 of this chapter is confidential.
(b) The advisory committee shall carry out a program to protect
the confidentiality of the information described in subsection (a).
The advisory committee may disclose the information to another
person only under subsection (c), (d), or (f).
(c) The advisory committee may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The advisory committee may release confidential information
described in subsection (a) to the following persons:
(1) A member of the board, the committee, or another governing
body that licenses practitioners and is engaged in an
investigation, an adjudication, or a prosecution of a violation
under any state or federal law that involves a controlled
substance.
(2) An investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the
attorney general, a deputy attorney general, or an investigator
from the office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a
controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the state police department to receive
information of the type requested;
(B) approved by the advisory committee to receive
information of the type requested; and
(C) engaged in the investigation or prosecution of a violation
under any state or federal law that involves a controlled
substance.
(e) Before the advisory committee releases confidential
information under subsection (d), the applicant must demonstrate to
the advisory committee that:
(1) the applicant has reason to believe that a violation under any
state or federal law that involves a controlled substance has
occurred; and
(2) the requested information is reasonably related to the
investigation, adjudication, or prosecution of the violation
described in subdivision (1).
(f) The advisory committee may release to:
(1) a member of the board, the advisory committee, or another
governing body that licenses practitioners;
(2) an investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the
attorney general, a deputy attorney general, or an investigator
from the office of the attorney general; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the advisory committee to receive the type
of information released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(g) The information described in subsection (f) may not be
released until it has been reviewed by a member of the advisory
committee who is licensed in the same profession as the prescribing
or dispensing practitioner identified by the data and until that
member has certified that further investigation is warranted.
However, failure to comply with this subsection does not invalidate
the use of any evidence that is otherwise admissible in a proceeding
described in subsection (h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may disclose
the information to a law enforcement officer or an attorney for the
office of the attorney general for use as evidence in the following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a
controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that
involves a controlled substance.
(i) The advisory committee may compile statistical reports from
the information described in subsection (a). The reports must not
include information that identifies any practitioner, ultimate user, or
other person administering a controlled substance. Statistical reports
compiled under this subsection are public records.
As added by P.L.163-1994, SEC.5.
Last modified: May 24, 2006