(a)        Except as provided in subsections (b) and (c) below, written or electronic prescription orders on file in a pharmacy or other place where prescriptions are dispensed are not public records and any person having custody of or access to the prescription orders may divulge the contents or provide a copy only to the following persons:

(1)        An adult patient for whom the prescription was issued or a person who is legally appointed guardian of that person;

(2)        An emancipated minor patient for whom the prescription order was issued or a person who is the legally appointed guardian of that patient;

(3)        An unemancipated minor patient for whom the prescription order was issued when the minor’s consent is sufficient to authorize treatment of the condition for which the prescription was issued;

(4)        A parent or person in loco parentis of an unemancipated minor patient for whom the prescription order was issued when the minor’s consent is not sufficient to authorize treatment for the condition for which the prescription is issued;

(5)        The licensed practitioner who issued the prescription;

(6)        The licensed practitioner who is treating the patient for whom the prescription was issued;

(7)        A pharmacist who is providing pharmacy services to the patient for whom the prescription was issued;

(8)        Anyone who presents a written authorization for the release of pharmacy information signed by the patient or his legal representative;

(9)        Any person authorized by subpoena, court order or statute;

(10)      Any firm, association, partnership, business trust, corporation or company charged by law or by contract with the responsibility of providing for or paying for medical care for the patient for whom the prescription order was issued;

(11)      A member or designated employee of the Board;

(12)      The executor, administrator or spouse of a deceased patient for whom the prescription order was issued;

(13)      Researchers and surveyors who have approval from the Board. The Board shall issue this approval when it determines that there are adequate safeguards to protect the confidentiality of the information contained in the prescription orders and that the researchers or surveyors will not publicly disclose any information that identifies any person;

(14)      The person owning the pharmacy or his authorized agent; or

(15)      A HIPAA covered entity, or business associate described in 45 C.F.R. § 160.103, or a health care provider who is not a covered entity, for purposes of treatment, payment, or health care operations to the extent that disclosure is permitted or required by applicable State or federal law.

(b)        A pharmacist may disclose any information to any person only when he reasonably determines that the disclosure is necessary to protect the life or health of any person.

(c)        Records required to be kept by N.C. Gen. Stat. § 90-93(d) (Schedule V) are not public records and shall be disclosed at the pharmacist’s discretion. ?(1905, c. 108, s. 21; Rev., s. 4490; C.S., s. 6666; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1991, c. 125, s. 3; 2011-314, s. 1.)

Terms Used In North Carolina General Statutes 90-85.36

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executor: A male person named in a will to carry out the decedent
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.