Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
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
NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.
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."
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.
This web page was last updated on May 25, 2018 at 12:51 PM