Bill Text: SC H4117 | 2017-2018 | 122nd General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prescription Monitoring Program

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2018-05-31 - Act No. 212 [H4117 Detail]

Download: South_Carolina-2017-H4117-Comm_Sub.html

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COMMITTEE AMENDMENT ADOPTED

April 25, 2018

H. 4117

Introduced by Reps. Henderson, Bedingfield and Fry

S. Printed 4/25/18--S.

Read the first time March 21, 2018.

            

A BILL

TO AMEND SECTION 44-53-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO CONFIDENTIALITY OF DATA IN THE PRESCRIPTION MONITORING PROGRAM, SO AS TO ADD AN EXCEPTION FOR THE PROVISION OF DATA TO DRUG COURTS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 44-53-1650(D) of the 1976 Code, as last amended by Act 244 of 2014, is further amended to read:

"(D)    Drug control may provide data in the prescription monitoring program to the following persons:

(1)    a practitioner or pharmacist or authorized delegate who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient;

(2)    an individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to state law;

(3)    a designated representative of the South Carolina Department of Labor, Licensing and Regulation responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;

(4)    a local, state, or federal law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who is involved in a bona fide specific drug related investigation involving a designated person;

(5)    the South Carolina Department of Health and Human Services regarding Medicaid program recipients;

(6)    a properly convened grand jury pursuant to a subpoena properly issued for the records;

(7)    personnel of drug control for purposes of administration and enforcement of this article;

(8)    qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser must be deleted or redacted from such information prior to disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this subsection; and

(9)    the presiding judge of a drug court, probate court, or circuit court, pertaining to a specific case involving a designated person."

SECTION    2.    This act takes effect upon approval by the Governor.