NAC639.2978. Confidentiality of records.

     1. A pharmacist or an intern pharmacist acting under the direct and immediate supervision of a pharmacist shall provide adequate security to prevent unauthorized access to confidential records of immunizations. If confidential health information is not transmitted directly between a pharmacy and a physician, but is transmitted through a data communication device, the confidential health information must not be viewed or used by the operator of the data communication device unless the operator is specifically authorized to obtain confidential information pursuant to this subsection.

     2. Except as otherwise provided in NRS 49.245, the confidential records of immunizations are privileged and may be released only to:

     (a) The patient or the authorized agent of the patient;

     (b) Physicians and other pharmacists or intern pharmacists acting under the direct and immediate supervision of pharmacists when, in the professional judgment of the pharmacist or intern pharmacist, such release is necessary to protect the health and well-being of the patient;

     (c) The Board or other federal, state or local agencies authorized by law to receive such information;

     (d) A law enforcement agency engaged in the investigation of a suspected violation involving a controlled substance or dangerous drug;

     (e) A person employed by any state agency that licenses a physician if such a person is engaged in the performance of his or her official duties; or

     (f) An insurance carrier or other third party payor authorized by a patient to receive such information.

     3. The provisions of this section must not be construed to affect or alter the provisions of NRS 49.215 to 49.245, inclusive, relating to the confidentiality of communications between a doctor and a patient.

     (Added to NAC by Bd. of Pharmacy by R009-01, eff. 11-1-2001; A by R180-05, 12-29-2005)