§ 71.09 Records; Access and Confidentiality.
RCNY § 71.09
(a)All records relating to the receipt, holding or movement of foods, drugs or cosmetics required to be maintained pursuant to applicable laws and regulations shall be available for inspection by the Department.
(b)Prescriptions and other reports and records obtained by the Department containing information that identifies a patient or prescriber shall not be subject to inspection by persons other than authorized employees of the Department, and no information obtained by the Department from such prescriptions, reports and records shall be disclosed except for the purpose of protecting the public health.
(c)All records, reports, and files, papers and letters containing information about or relating to adverse reactions, side-effects or therapeutic misuse of any food, drug or cosmetic held, sold, kept for sale or used in the City of New York or which may indicate that any such food, drug or cosmetic may be injurious to or have an adverse effect on the health of persons using the food, drug or cosmetic shall be available for inspection by the Department whenever the Department deems such inspection reasonable and necessary. Any information in the custody or possession of the Department relating to such information shall not be subject to subpoena or inspection by persons other than the Commissioner or authorized employees or agents of the Department, and shall not be divulged by the Department. The Department may, however, disclose or publish summaries, findings or statistical compilations relating thereto.
(d)No person shall refuse to permit an authorized representative of the Department to inspect or copy any record referred to in subdivisions (a), (b) and (c) of this section.
