Bill Text: NC S253 | 2013-2014 | Regular Session | Introduced
Bill Title: LEO May Inspect Pharmaceutical Records
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-10 - Re-ref Com On Judiciary II [S253 Detail]
Download: North_Carolina-2013-S253-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S D
SENATE DRS75139-LH-86 (02/20)
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Short Title: LEO May Inspect Pharmaceutical Records. |
(Public) |
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Sponsors: |
Senator J. Davis (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to provide that a sheriff, designated Deputy sheriff, police chief, or designated police officer investigating the diversion and illegal use of controlled substances may inspect prescription and pharmaceutical records and may also obtain data in the controlled substance reporting system maintained by the department of health and human services.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑113.74(c) is amended by adding a new subdivision to read:
"(c) The Department shall release data in the controlled substances reporting system to the following persons only:
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(9) A sheriff, designated deputy sheriff, police chief, or designated police officer who is assigned to investigate the diversion and illegal use of prescription medication or pharmaceutical products identified in Article 5 of this Chapter of the General Statutes as Schedule II through V controlled substances, provided that the sheriff, designated deputy sheriff, police chief, or designated police officer is engaged in a bona fide investigation specifically relating to the enforcement of laws governing licit drugs. The sheriff, designated deputy sheriff, police chief, or designated police officer shall notify the Office of the Attorney General of North Carolina of each request for inspection of records maintained by the Department."
SECTION 2. G.S. 90‑107 reads as rewritten:
"§ 90‑107. Prescriptions, stocks, etc., open to inspection by officials.
Prescriptions, order forms and records, required by this
Article, and stocks of controlled substances included in Schedules I through VI
of this Article shall be open for inspection only to federal and State
officers, whose duty it is to enforce the laws of this State or of the United
States relating to controlled substances included in Schedules I through VI of
this Article, and to authorized employees of the North Carolina
Department of Health and Human Services. Services, and to a sheriff,
designated deputy sheriff, police chief, or designated police officer who is
assigned to investigate the diversion and illegal use of prescription
medication or pharmaceutical products included in Schedules I through V of this
Article, provided that the sheriff, designated deputy sheriff, police chief, or
designated police officer is engaged in a bona fide investigation specifically relating
to the enforcement of laws governing licit drugs. No officer having
knowledge by virtue of his office of any such prescription, order, or record
shall divulge such knowledge other than to other law‑enforcement
officials or agencies, except in connection with a prosecution or proceeding in
court or before a licensing board or officer to which prosecution or proceeding
the person to whom such prescriptions, orders, or records relate is a party."
SECTION 3. This act becomes effective December 1, 2013.
