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3498Ratification Number: 154Act Number: 85Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990210Primary Sponsor: LourieAll Sponsors: Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Battle, R. Smith, Cato, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, J.H. Neal, Scott, Howard, Sandifer, Hayes, Barfield, SeithelDrafted Document Number: l:\council\bills\kgh\15301ac99.docDate Bill Passed both Bodies: 19990602Date of Last Amendment: 19990602Governor's Action: SDate of Governor's Action: 19990611Subject: Prescription Information Privacy Act, Pharmacies and Pharmacists, Medical, Narcotics and Drugs, Patients, HospitalsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A85 ------ 19990611 Signed by Governor ------ 19990609 Ratified R154 House 19990602 Concurred in Senate amendment, enrolled for ratification Senate 19990602 Read third time, returned to House with amendment Senate 19990602 Amended Senate 19990527 Read second time, ordered to third reading with notice of general amendments Senate 19990527 Committee amendment adopted Senate 19990527 Committee report: Favorable with 13 SMA amendment Senate 19990427 Introduced, read first time, 13 SMA referred to Committee House 19990423 Read third time, sent to Senate House 19990422 Amended, read second time, unanimous consent for third reading on Friday, 19990423 House 19990421 Committee report: Favorable with 27 H3M amendment House 19990330 Co-Sponsor added (Rule 5.2) by Rep. Seithel House 19990303 Co-Sponsor added (Rule 5.2) by Rep. Bales Bowers Rhoad Wilkes M. McLeod Knotts McGee Canty Townsend Stille Rodgers Gourdine Hinson Riser Bailey Jennings Harris J.H. Neal Scott Howard Sandifer Hayes Barfield House 19990302 Co-Sponsor added (Rule 5.2) by Rep. Lucas Neilson McMahand Harrison Quinn Mack Phillips McCraw F. Smith Battle R. Smith Cato Moody- Lawrence Simrill Robinson Hamilton Easterday Rice Delleney House 19990225 Co-Sponsor added (Rule 5.2) by Rep. Lee Davenport Taylor Kirsh Leach Loftis Maddox Allen Klauber W. McLeod Breeland Pinckney J. Brown Wilder Parks Hawkins Rutherford House 19990218 Co-Sponsor added (Rule 5.2) by Rep. J. Smith Campsen House 19990210 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill Revised on April 21, 1999 - Word format Revised on April 22, 1999 - Word format Revised on May 27, 1999 - Word format Revised on June 2, 1999 - Word format
(A85, R154, H3498)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES; TO AMEND SECTION 44-30-90, RELATING TO THE PROMULGATION OF REGULATIONS TO CARRY OUT THE PURPOSE OF THE "SOUTH CAROLINA HEALTH CARE PROFESSIONAL COMPLIANCE ACT", SO AS TO REQUIRE ALL ORDERS FOR MEDICATION DISPENSED OR TREATMENT PROVIDED IN A HOSPITAL TO BE AUTHENTICATED ACCORDING TO HOSPITAL POLICY, TO SPECIFY REQUIREMENTS FOR TAKING THESE ORDERS, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS CONSISTENT WITH THESE REQUIREMENTS; AND TO AMEND SECTION 44-115-80, AS AMENDED, RELATING TO FEES THAT A PHYSICIAN MAY CHARGE FOR SEARCH AND DUPLICATION OF MEDICAL RECORDS, SO AS TO REQUIRE COPIES OF RECORDS TO BE PROVIDED AT NO CHARGE WHEN THE PATIENT IS REFERRED BY THE PHYSICIAN FOR CONTINUATION OF TREATMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Patient prescription drug information may not be transferred
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-117-10. This chapter may be cited as the 'Prescription Information Privacy Act'.
Section 44-117-20. As used in this chapter:
(1) 'Patient prescription drug information' means data that is conveyed by or on behalf of a practitioner in ordering a prescription drug or device before being dispensed and that identifies the patient as the recipient of the prescription drug or device. The term also includes any data concerning the dispensing of a drug or device that identifies a patient as having been the recipient of a prescription drug or device, whether this data is held by a practitioner, pharmacy, or another entity.
(2) 'Practitioner' means a licensed health care professional authorized under state law to order a prescription drug or device.
(3) 'Prescription drug or device' means a drug or device that is dispensed pursuant to the order of a practitioner.
Section 44-117-30. No patient prescription drug information may be transferred or received by a person without the written consent of the patient or a person authorized by law to act on behalf of the patient. However, this prohibition does not apply to:
(1) the lawful transmission of a prescription drug order in accordance with all state and federal laws pertaining to the practice of pharmacy.
(2) communications among licensed practitioners, licensed pharmacists, and other health care professionals who provide or have provided medical or therapeutic treatment, pharmacy service, or medical or therapeutic consultation service for the person who received the drug or device;
(3) information gained as a result of a person requesting informational material from a prescription drug or device manufacturer or vendor;
(4) information necessary to effect the recall of a defective drug or device or other information necessary to protect the health and welfare of an individual or the public generally;
(5) information whereby the release or transfer is mandated by other state or federal laws, court order, or subpoena, or regulations including, but not limited to, accreditation or licensure requirements;
(6) information necessary to adjudicate or process payment claims for health care, whether under a health insurance benefits program or other payment system, if the recipient makes no other use or further disclosure of the information;
(7) information voluntarily disclosed by a patient to entities outside of the provider-patient relationship;
(8) information used in clinical research monitored by an institutional review board;
(9) information which does not identify patients by name, or that is encoded in a manner that information identifying a particular patient by name or address is not generally obtainable, and that is used for epidemiological studies, research, statistical analysis, medical outcomes, or pharmacoeconomic research;
(10) information transferred in connection with the sale of a business or medical practice to a successor in interest;
(11) information necessary to disclose to third parties in order to perform quality assurance programs, medical records review, internal audits, medical records maintenance, or similar programs, if the third party makes no other use or further disclosure of the information;
(12) information that may be revealed to a party who, on behalf of the patient, obtains a dispensed prescription from a pharmacy;
(13) information necessary to disclose to third parties in order for a health plan licensed by the South Carolina Department of Insurance to perform case management, utilization management, and disease management for individuals enrolled in that health plan, if the third party makes no other use or further disclosure of the information.
Section 44-117-40. An individual or entity, corporate or otherwise, who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars per occurrence.
Section 44-117-50. This chapter does not invalidate:
(a) any other provision of law concerning medical records or patient prescription drug information, the alteration of medical records or patient prescription drug information, any interest a patient has in the information contained within the medical record or patient prescription drug information, or any civil action brought in the state or federal courts alleging negligence by a practitioner or pharmacist;
(b) the authority of a court to issue a subpoena for medical records and patient prescription drug information;
(c) the authority of a licensing or disciplinary board of this State to obtain these records as provided by law; or
(d) the authority of the Department of Health and Environmental Control to obtain medical records or patient prescription drug information as provided by state and federal law."
Hospital orders; regulations
SECTION 2. Section 44-30-90 of the 1976 Code, as added by Act 403 of 1992, is amended to read:
"Section 44-30-90. The department and each licensing board shall promulgate regulations necessary to accomplish the purposes set forth in this chapter and to comply with public law no later than October 1, 1992. All orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time, and name of persons who gave the order, and the signature of the person taking the order. The Department of Health and Environmental Control shall promulgate regulations consistent with this provision."
Fees for medical records
SECTION 3. Section 44-115-80 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:
"Section 44-115-80. A physician, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. A physician, health care provider, or other owner of medical records must provide a patient's medical records at no charge when the patient is referred by the physician, health care provider, or an employee, agent, or contractor of the owner of the record to another physician or health care provider for continuation of treatment for a specific condition or conditions. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION 4. As listed above, Section 1 becomes effective on March 1, 2000. As listed above, Section 2 becomes effective upon approval by the Governor; provided, however, Section 2 shall remain in effect until such time as the department shall promulgate and implement new regulations consistent with the standards outlined in Section 2. As listed above, Section 3 becomes effective upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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