H*4117(Rat #0250, Act #0212 of 2018)  General Bill, By Henderson, Bedingfield and 
Fry
 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. - ratified title

   04/06/17  House  Introduced and read first time (House Journal-page 54)
   04/06/17  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 54)
   03/08/18  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 4)
   03/20/18  House  Amended (House Journal-page 19)
   03/20/18  House  Read second time (House Journal-page 19)
   03/20/18  House  Roll call Yeas-102  Nays-0 (House Journal-page 20)
   03/21/18  House  Read third time and sent to Senate
                     (House Journal-page 8)
   03/21/18  Senate Introduced and read first time (Senate Journal-page 4)
   03/21/18  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 4)
   04/19/18  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 6)
   04/25/18  Senate Committee Amendment Adopted (Senate Journal-page 24)
   04/25/18  Senate Read second time (Senate Journal-page 24)
   04/25/18  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 24)
   04/26/18  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 20)
   05/03/18  House  Non-concurrence in Senate amendment
                     (House Journal-page 30)
   05/03/18  House  Roll call Yeas-0  Nays-88 (House Journal-page 30)
   05/08/18  Senate Senate insists upon amendment and conference
                     committee appointed Hutto, Davis, Corbin
                     (Senate Journal-page 25)
   05/08/18  House  Conference committee appointed Fry, Henderson,
                     Ridgeway (House Journal-page 7)
   05/09/18  Senate Conference report adopted (Senate Journal-page 21)
   05/09/18  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 21)
   05/09/18  House  Conference report adopted (House Journal-page 18)
   05/09/18  House  Roll call Yeas-110  Nays-0 (House Journal-page 20)
   05/09/18  House  Ordered enrolled for ratification
                     (House Journal-page 129)
   05/14/18         Ratified R 250
   05/18/18         Signed By Governor
   05/25/18         Effective date 05/18/18
   05/31/18         Act No. 212

H. 4117

(A212, 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.