You are involved in patient care just with a different focus. Your focus is employee and public safety. We have had that discussion at my place of work with our lawyers falling on both sides of the isle. Bottom line is if I am charged
with determining a patient is safe to work in a specific function that is something that requires a medical opinion which is essentially treatment. I’ll let the lawyers hash it out in court. A hippa violation is a lot different that a malpractice charge.
Does it specifically state in the Arizona law that nobody other than the treating physician can access the PMP and how to they define treating physician. It would be worth asking your lawyers on staff and state lawmakers. Personally federal regulations governing
CDL medical exams trump any state laws. Not quite a cut and dry answer.
Jared Holman, MSN, ARNP
Occupational Medicine North Spokane
Address: 9420 N Newport Hwy, Suite 102 Spokane, WA 99218
Phone: 509-598-7724
From: MCOH-EH <mcoh-eh-bounces@mylist.net> On Behalf Of
Swift, Melanie D., M.D., M.P.H. via MCOH-EH
Sent: Wednesday, January 29, 2020 2:16 PM
To: mcoh-eh@mylist.net
Cc: Swift, Melanie D., M.D., M.P.H. <Swift.Melanie@mayo.edu>
Subject: [EXTERNAL] Re: [MCOH-EH] Accessing state PMP for safety sensitive job applicants and DOTs
Also cannot be accessed for non-patient-care use in MN. Nor last I checked in TN.
Thanks,
Melanie
From: MCOH-EH [mailto:mcoh-eh-bounces@mylist.net]
On Behalf Of Teichman, Ron F
Sent: Tuesday, January 28, 2020 8:53 PM
To: mcoh-eh@mylist.net
Subject: [EXTERNAL] [MCOH-EH] Accessing state PMP for safety sensitive job applicants and DOTs
Hi all,
My newly adopted state of Arizona has a Controlled Substances Prescription Monitoring Program, but restricts access to treating providers and dispensing pharmacists, thus making it illegal for occupational health providers to access the
information with regards to post-offer pre-placement exams, fit-for-duty exams, return to work exams, firefighter and other public safety exams, and DOT exams. I am trying to ascertain whether other states with similar programs/registries allow access for
the protection of public safety. Obviously nobody wants providers, nurses, pharmacists, residents, law enforcement, truck drivers and others working in safety sensitive positions to be working while impaired, but this important resource is closed to providers
in AZ.
TIA for whatever information you can share,
Ron
Ron Teichman, M.D., M.P.H., FACOEM, FACP
Division Medical Director
Banner Occupational Health and Wellness
1300 N. 12th Street, Suite 610
Phoenix, AZ 85006
602-747-7294