Confidentiality – Disclosure of information – Penalties

(a) Information sent to, contained in, and reported from the database in any format is confidential and not subject to title 10, chapter 7, regarding public records, and not subject to subpoena from any court and shall be made available only as provided for in § 53-10-308 and to the following persons in accordance with the limitations stated and rules promulgated pursuant to this part, or as otherwise provided for in §§ 53-10-304 and 53-10-311: 3. See Tennessee Code 53-10-302Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105Commissioner: means the commissioner of health. See Tennessee Code 53-10-302Committee: means the controlled substance database committee created by §. See Tennessee Code 53-10-302Controlled substances: means a drug, substance, or immediate precursor in Schedules I through VI defined or listed in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4. See Tennessee Code 53-10-302Database: means the controlled substance database created by §. See Tennessee Code 53-10-302Department: means the department of health. See Tennessee Code 53-10-302Director: means the director of the controlled substance database, who shall be a Tennessee licensed pharmacist designated by the commissioner, in consultation with the executive director of the board of pharmacy and with the committee, to administer, maintain, and direct the operation and function of the controlled substance database. See Tennessee Code 53-10-302Dispense: means to physically deliver a controlled substance covered by this part to any person, institution, or entity with the intent that it be consumed away from the premises on which it is dispensed. See Tennessee Code 53-10-302Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Fraud: Intentional deception resulting in injury to another.Healthcare practitioner delegate: means any person designated by a healthcare practitioner to act as an agent of the healthcare practitioner, upon registering the person as a delegate and providing any information required by the department. See Tennessee Code 53-10-302Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Law enforcement personnel: means agents of the Tennessee bureau of investigation, agents of a judicial district drug task force, drug enforcement administration agents, and certified law enforcement officers certified pursuant to §. See Tennessee Code 53-10-302Oversight: Committee review of the activities of a Federal agency or program.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Probable cause: A reasonable ground for belief that the offender violated a specific law.Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Subpoena: A command to a witness to appear and give testimony.United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) Personnel of the committee specifically assigned to conduct analysis or research; (2) Authorized committee, board, or department personnel engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities; (3) A healthcare practitioner conducting medication history reviews who is involved in the care of a patient or making decisions regarding patient care or patient enrollment; a healthcare practitioner or supervising physician of a healthcare practitioner conducting a review of all medications dispensed by prescription attributed to that healthcare practitioner or a healthcare practitioner having authority to prescribe or dispense controlled substances, to the extent the information relates specifically to a current or bona fide prospective patient of the healthcare practitioner, to whom the healthcare practitioner has prescribed or dispensed, is prescribing, dispensing, approving of the prescribing or dispensing, or considering prescribing or dispensing any controlled substance. Each authorized individual referenced under this subdivision (a)(3) shall have a separate identifiable authentication for access; (4) A healthcare practitioner under review by a quality improvement committee, as defined in § 63-1-150, who submits info