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Data Sharing Agreement
December 2015
Agreement Between
County of Fresno
and
California Department of Justice,
Prescription Drug Monitoring Program
This Data Sharing Agreement is made and entered into by and between the California Department of
Justice, Prescription Drug Monitoring Program (hereafter CA PDMP), and the County of Fresno
(hereafter, ENTITY), pursuant to the authority granted in Health and Safety Code section 11165,
subdivision (c)(2), and other applicable laws.
1. Preamble
CA PDMP desires to provide, and ENTITY desires to receive, aggregate and de-identified data from
the California Substance Utilization Review and Evaluation System (CURES) for educational, peer
review, statistical, and/or research purposes.
The purpose of the data sharing agreement is to set forth conditions and parameters under which
ENTITY may receive and use aggregate and de-identified data from CA PDMP and by which CA
PDMP may provide such data to ENTITY,
2. Description of Data Requested
ENTITY seeks aggregate and de-identified data from CURES that meet the following parameters:
ENTITY requests all available aggregate and de-identified data sets for the County of Fresno
Departments of Public Health and Behavioral Health. Thereafter, ENTITY requests quarterly and
calendar year data sets.
3. Intended Purpose for ENTITY’s Data Request
ENTITY seeks aggregate and de-identified data from CURES for health oversight purposes, as well as
educational, peer review, statistical, and/or research purposes. Specifically, ENTITY seeks data to
examine controlled substance prescription patterns at the population level in Fresno County. Data will
also be used to fulfill data requests from external agencies, stakeholders and community members in
the form of summarized statistics (tables, graphs, etc.). Data is to be used explicitly for public and
behavioral health purposes and efforts to design and implement programs to mitigate Rx drug use
problems. This data set will be used for chronic disease surveillance for those conditions that require
treatment with a controlled substance.
4. As a condition of receiving aggregate, de-identified data described in Section 2 above,
ENTITY agrees that:
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a. Aggregate and de-identified data provided by CA PDMP to ENTITY (hereafter, CURES
Data) must be used by ENTITY only for engaging in the intended education, peer review,
statistical, and/or research purposes as described in Section 3 above.
b. To protect confidentiality and to assure the CURES Data is used in a permissible manner,
CA PDMP must have the opportunity to review a complete draft of any report, evaluation
or other document intended for publication or dissemination that contains or uses CURES
Data that ENTITY receives pursuant to this Agreement. Copies of such documents must be
provided to CA PDMP sufficiently in advance of publication or dissemination to allow CA
PDMP staff the opportunity to review and comment. ENTITY must also provide a copy of
the final publication to CA PDMP.
c. ENTITY will not disclose or disseminate CURES Data or documents identifying any
individual, health care practitioner, or pharmacist, except to CA PDMP, absent the written
consent of the individual, health care practitioner, or pharmacist.
d. ENTITY will not publish, release, disclose, or disseminate any CURES Data in any form if
there is a reasonable possibility that a particular patient, prescriber, or dispenser can be
directly or indirectly identified from the information released. Such a release is only
permissible with the explicit written permission of the patient, prescriber, or dispenser
involved. CURES Data will be considered to have a reasonable possibility of indirectly
identifying patient, prescriber, or dispenser if it includes any of the following information:
i) Identifying information such as race, gender, income, ethnicity, age, health
conditions, use of a drug abuse treatment facility, pregnancy or other identifying
information when that information, either alone or in combination with other
factors, including geographic area, creates a risk of indirectly identifying the
patient.
ii) Rates, frequencies or other tabulations or combined factors that result in fewer than
20 individuals in a set.
To reduce the risk of indirectly identifying any individuals, ENTITY shall aggregate data
before it is published to assure that it does not create a risk of identifying individuals.
e. If CA PDMP determines that any publication, dissemination, disclosure, or release of any
data or analysis by ENTITY could compromise the identity of any patient, prescriber, or
dispenser, CA PDMP may request ENTITY to refrain from the publication, dissemination,
disclosure, or release such data, and ENTITY must comply with such request.
f. ENTITY may not sell, transfer, disclose, disseminate CURES Data to any third party,
except as provided by paragraph “h” below, or otherwise use CURES Data for commercial
purposes.
g. ENTITY may not disclose or transfer CURES Data with any subcontractor, unless the
subcontractor is disclosed to CA PDMP in advance, and obtains a separate DATA Sharing
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Agreement with CA PDMP prior to any disclosure or transfer. CA PDMP reserves all
rights to refuse the disclosure or transfer of CURES Data by ENTITY to any subcontractor.
h. ENTITY may not disclose or transfer CURES Data in legal proceedings or in response to
subpoenas in the absence of a court order. ENTITY will immediately give notice to CA
PDMP of any subpoena or other legal proceeding in which the disclosure of CURES Data
is sought.
5. CA PDMP will transfer CURES Data to ENTITY in full compliance with federal and
California privacy laws and Health and Safety Code section 11165, et seq. To protect privac y
and confidentiality, CA PDMP will transfer CURES Data to ENTITY under following
conditions:
a. CA PDMP will provide CURES Data to ENTITY in the following manner:
i) Provide a project-specific identifier for each patient.
ii) Remove patient name and street address.
iii) Retain patient year of birth.
iv) Retain patient gender.
v) Retain town/city and three-digit Zip Code of patient residence except if a Zip Code
has fewer than 20 prescription recipients. In that case, adjacent Zip Code(s) shall
be merged until more than 20 prescription recipients are represented.
vi) Provide a project-specific identifier for each prescriber and remove the prescriber
DEA numbers, so all prescriptions issued by each prescriber can be linked, but the
prescriber cannot be identified.
vii) Leave in each prescription record the Zip Code of each prescriber's location where
his/her DEA number is assigned so geospatial analyses can be done by prescriber
location.
viii) Provide a project-specific identifier for each pharmacy and remove the pharmacy
ID so all prescriptions dispensed by each pharmacy can be linked but the pharmacy
cannot be identified.
ix) Leave in each prescription record the Zip Code of each pharmacy location so
geospatial analyses can be done by pharmacy location.
x) If an identification number for the person picking up the prescription is collected,
remove that number.
xi) Retain all other data in the prescription record, including fill date, NDC code, brand
name of drug, dosage, days’ supply, refill or not, form of payment (if collected).
b. CA PDMP will provide the de-identified data to ENTITY through a secure FTP site.
For the ENTITY:
J~~ Ui,JJJJS
Date 1
Deborah A. Poochigian ATIEST:
Name (Please Print)
Chairman, Board of Supervisors
Title
For the CA PDMP:
Authorized Signature Date
Name (Please Print)
Title
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