(a) Notwithstanding any requirement of state law to the contrary, a pharmacist is immune from liability to any person for disclosing patient information to a person authorized by this title to prescribe drugs or devices or to communicate a prescription order where necessary to:
(1) Fulfill the pharmacist’s responsibility to carry out prospective drug use review under state law and 42 C.F.R. part 456 for the purpose of identifying and resolving actual or potential drug-related problems, including, for example, therapeutic duplication, drug-drug interactions, incorrect drug dosage, drug-disease contraindication, duration of drug treatment, or over-utilization or under-utilization and any other drug therapy problems outlined in 42 CFR § 456.705;(2) Assist prescribers in obtaining a comprehensive drug history on a patient;(3) Prevent abuse or misuse of any drug or device and the diversion of controlled substances; or(4) Provide a medication therapy management program or a quality assurance program.(b) Disclosure of information pursuant to this section shall not constitute a waiver of any confidentiality or privilege that may be provided by law.(c) This section shall apply only to confidentiality or privilege and shall not apply to actions arising in negligence.
