South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

R250, H4117

STATUS INFORMATION

General Bill
Sponsors: Reps. Henderson, Bedingfield and Fry
Document Path: l:\council\bills\cc\15132vr17.docx

Introduced in the House on April 6, 2017
Introduced in the Senate on March 21, 2018
Last Amended on May 9, 2018
Passed by the General Assembly on May 9, 2018
Governor's Action: May 18, 2018, Signed

Summary: Confidentiality exceptions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/6/2017  House   Introduced and read first time (House Journal-page 54)
    4/6/2017  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 54)
    3/8/2018  House   Committee report: Favorable with amendment Medical, 
                        Military, Public and Municipal Affairs 
                        (House Journal-page 4)
   3/20/2018  House   Amended (House Journal-page 19)
   3/20/2018  House   Read second time (House Journal-page 19)
   3/20/2018  House   Roll call Yeas-102  Nays-0 (House Journal-page 20)
   3/21/2018  House   Read third time and sent to Senate (House Journal-page 8)
   3/21/2018  Senate  Introduced and read first time (Senate Journal-page 4)
   3/21/2018  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 4)
   4/19/2018  Senate  Committee report: Favorable with amendment Medical 
                        Affairs (Senate Journal-page 6)
   4/25/2018  Senate  Committee Amendment Adopted (Senate Journal-page 24)
   4/25/2018  Senate  Read second time (Senate Journal-page 24)
   4/25/2018  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 24)
   4/26/2018  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 20)
    5/3/2018  House   Non-concurrence in Senate amendment 
                        (House Journal-page 30)
    5/3/2018  House   Roll call Yeas-0  Nays-88 (House Journal-page 30)
    5/8/2018  Senate  Senate insists upon amendment and conference committee 
                        appointed Hutto, Davis, Corbin (Senate Journal-page 25)
    5/8/2018  House   Conference committee appointed Fry, Henderson, Ridgeway 
                        (House Journal-page 7)
    5/9/2018  Senate  Conference report adopted (Senate Journal-page 21)
    5/9/2018  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 21)
    5/9/2018  House   Conference report adopted (House Journal-page 18)
    5/9/2018  House   Roll call Yeas-110  Nays-0 (House Journal-page 20)
    5/9/2018  House   Ordered enrolled for ratification 
                        (House Journal-page 129)
   5/14/2018          Ratified R 250
   5/18/2018          Signed By Governor
   5/25/2018          Effective date 05/18/18

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/6/2017
3/8/2018
3/20/2018
4/19/2018
4/25/2018
5/9/2018

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R250, H4117)

AN ACT TO AMEND SECTION 44-53-1650, 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.

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

Prescription monitoring program, confidentiality exceptions

SECTION    1.    Section 44-53-1650(D) of the 1976 Code is 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 pertaining to a specific case involving a designated person."

Time effective

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

Ratified the 14th day of May, 2018.

Approved the 18th day of May, 2018. -- S.

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This web page was last updated on May 25, 2018 at 12:51 PM