§ 3371-a. Disclosure of certain records, reports, and information to
another state. 1. The commissioner is authorized to disclose records,
reports and information filed pursuant to sections thirty-three hundred
thirty-one and thirty-three hundred thirty-three of this article: (a) to
another state's controlled substance monitoring program or other
authorized agency with which the department has established an
interoperability agreement, pursuant to judicial subpoena or court order
in a criminal investigation or proceeding in that state;

(b) to another state's agency, department, or board with which the
department has established an interoperability agreement and which is
authorized to regulate, license, register or otherwise supervise a
person who is authorized by law to deal in controlled substances, in the
course of any investigation or proceeding by or before such agency,
department or board;

(c) to another state's controlled substance monitoring program or
other authorized agency with which the department has established an
interoperability agreement to inform a practitioner in another state
that a patient may be under treatment with a controlled substance by
another practitioner; or

(d) to another state's controlled substance monitoring program or
other authorized agency with which the department has established an
interoperability agreement to inform a pharmacy in another state that a
person who presents or has presented a prescription for one or more
controlled substances at the pharmacy may have also obtained controlled
substances at another pharmacy where the circumstances indicate a
possibility of drug abuse or diversion, potential harm to the person, or
similar grounds under regulations of the commissioner.

2. Records, reports, and information disclosed under the provisions of
this section shall be in accordance with regulations promulgated by the
commissioner and shall include, but not be limited to:

(a) the authentication of the person requesting such information;

(b) an attestation from the person requesting the information that he
or she has authority to request and receive such information, and that
such information will only be used consistent with the purpose of the
request for such information;

(c) a statement of the purpose of the request for such information;
and

(d) ensuring that such information is, or will be, transmitted in a
secure manner.

3. Every agreement under subdivision one of this section shall:

(a) require reciprocity with the department on the part of every other
party to the agreement;

(b) guarantee protection for the confidentiality of information
disclosed at least as strong as the protections that would apply to the
information when in the possession of the department, including remedies
for breaches of confidentiality; and

(c) be subject to renewal not less frequently than every two years.