Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Spires, Frye, Brantley, Huggins, Lowe, Witherspoon, Bales, Ballentine, Bingham, Bowen, Ceips, Cobb-Hunter, Gambrell, Haley, Haskins, Herbkersman, Jefferson, Kelly, Knight, Leach, E.H. Pitts, Sandifer, Shoopman, G.R. Smith, Toole, Williams and Mahaffey
Document Path: l:\council\bills\nbd\11406ac07.doc
Companion/Similar bill(s): 528
Introduced in the House on March 22, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Electronic Transmission Prescription Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/22/2007 House Introduced and read first time HJ-10 3/22/2007 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-11 4/25/2007 House Member(s) request name added as sponsor: Mahaffey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 TO ENACT THE "SOUTH CAROLINA ELECTRONIC TRANSMISSION PRESCRIPTION ACT" SO AS TO ESTABLISH THE REQUIREMENTS FOR TRANSMITTING A PRESCRIPTION ELECTRONICALLY, TO PROVIDE PROCEDURES FOR MAINTAINING THE CONFIDENTIALITY OF INFORMATION IN THE ELECTRONIC TRANSMISSION OF PRESCRIPTIONS, TO PROVIDE SANCTIONS THAT MAY BE IMPOSED BY THE BOARD OF PHARMACY FOR FAILING TO MAINTAIN CONFIDENTIALITY, AND TO PROHIBIT A PHARMACIST OR PHARMACY FROM PROVIDING ELECTRONIC DEVICES TO PRACTITIONERS OR FACILITIES AS AN INCENTIVE TO REFER PATIENTS TO THAT PHARMACIST OR PHARMACY; TO DESIGNATE SECTIONS 44-117-10 THROUGH 44-117-50 AS ARTICLE 1 OF CHAPTER 117, TITLE 44, ENTITLED "PRESCRIPTION INFORMATION PRIVACY ACT"; AND TO RENAME CHAPTER 117 OF TITLE 44, "PRESCRIPTION INFORMATION AND TRANSMISSION".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 117 of Title 44 of the 1976 Code is amended by adding:
Section 44-117-310. This article may be cited as the 'South Carolina Electronic Transmission Prescription Act'.
Section 44-117-320. As used in this article:
(1) 'Confidential information' has the same meaning as provided for in Chapter 43, Title 40, regardless of whether such information is in the form of paper, preserved on microfilm, or stored on electronic media.
(2) 'Digital signature' means an electronic signature based upon cryptographic methods of originator authentication, and computed by using a set of rules and set of parameters so that the identity of the signer and the integrity of the data can be verified.
(3) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(4) 'Electronic transmission' means transmission of information by electronic means, including, but not limited to, computer-to-computer, computer-to-facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment.
(5) 'Prescription or prescription drug order' means a lawful order of a practitioner for a drug or device, other than a controlled substance, as defined in Section 44-53-110, for a specific patient that is communicated to a pharmacist.
(6) 'Routing company' means any business that electronically receives a prescription or any other confidential information from a prescriber and transmits the prescription or confidential information to or from the pharmacy specified by the patient in accordance with a contract between the routing company and the prescriber or a company that provides computer software for the management of the prescriber's practice.
Section 44-117-330. (A) A practitioner may send a prescription to a pharmacy by electronic transmission if all of the following conditions are met:
(1) A valid practitioner/patient relationship exists.
(2) The transmitter's phone number for verbal confirmation, the time and date of transmission, and the identity of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law, are included in the electronic transmission.
(3) The prescription is transmitted by the authorized practitioner or his or her designated agent and is received only by the pharmacy of the patient's choice, with no intervening person or entity, except as provided for in item (4), having access to view, read, manipulate, alter, store, or delete the electronic transmission prescription before its receipt by the pharmacy.
(4) The provisions of item (3) do not prohibit a practitioner from using a routing company to transmit an electronic transmission prescription pursuant to this section so long as the practitioner or a company that provides computer software for the management of the prescriber's practice has a written contract with the routing company obligating the routing company to comply with all terms of this article including, but not limited to, the obligation to provide its tax identification number to the Board of Pharmacy before offering its services in this State. A routing company may:
(a) store any prescription or confidential information it receives or transmits pursuant to this subsection in a form that is secure and ensures the integrity and confidentiality of the information in compliance with federal and state privacy laws;
(b) alter the format of a transmission for purposes of successful transmission, but may not add, alter, or delete clinical data from a prescription or any other confidential information that it receives or transmits pursuant to this subsection.
(5) The electronic transmission prescription must be transmitted to the pharmacy of the patient's choice. If the pharmacy of the patient's choice is not equipped to accept an electronic transmission prescription, the practitioner shall provide the patient with a written prescription, telephone an oral prescription, or the practitioner or the routing company shall transmit the prescription via facsimile to the pharmacy of the patient's choice.
(6) The electronic transmission prescription is deemed the original prescription if it meets the requirements of this article and other applicable laws and regulations.
(7) The electronic transmission must have the practitioner's electronic or digital signature. If the electronic transmission prescription is sent via email, it must have a digital signature.
(8) Electronic signatures are only permissible if the electronic transmission prescription is sent from a physician e-prescribing device to the receiving pharmacy of the patient's choice, either directly or through a routing company. If electronic transmission prescriptions are printed out before being delivered to the patient, they must possess an original handwritten signature and must be printed on paper that utilizes security features that ensure the prescription is not subject to any form of copying or alteration, or both. If an electronic transmission prescription is sent as a facsimile, then a prescribing practitioner's manual or electronic signature must be present.
(B) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of and electronic transmission prescription consistent with existing federal or state law or regulations.
(C)(1) All laws and regulations applicable to oral prescriptions also apply to all electronic transmission prescriptions including, but not limited to, generic substitution, maintenance of records, and information required by law.
(2) Electronic transmission prescriptions shall contain all prescription information as required in Section 40-43-86(E) and by federal and state law.
(3) The practitioner or practitioner's agent shall include any generic substitution instructions on an electronic transmission prescription. These electronic transmission prescriptions may follow the two-line format indicated in Section 40-43-86(H)(3) or any other format that clearly indicates the generic substitution instructions. Practitioner e-prescribing devices may not be programmed to default to a value that prevents the pharmacist from making generic substitutions.
(4) A pharmacist may dispense electronic transmission prescriptions only when the electronic transmission prescription has been signed by the prescribing practitioner and transmitted from the practitioner e-prescribing device or a long term care facility in compliance with all sections of this article.
(5) The original electronic transmission prescription record must be assigned the number of the prescription dispensed and be maintained in the pharmacy's record for at least two years. This record must be maintained in accordance with requirements provided for in Chapter 43, Title 40.
Section 44-117-340. (A) Confidential information must be maintained in a manner that protects the integrity and confidentiality of the information as provided by federal and state law and regulations.
(B) A pharmacy shall establish a mechanism whereby a patient can request the pharmacy not to disclose any confidential information about himself or herself that was obtained or collected by the pharmacist or pharmacy incidental to the delivery of pharmacy care other than as allowed by federal or state law or regulations. The pharmacy is not under any obligation to agree to such request.
(C) The pharmacy or pharmacist-in-charge as defined in Section 40-43-30 shall:
(1) establish and maintain written policies and procedures for maintaining the confidentiality and integrity of confidential information. All employees of the pharmacy with access to any such confidential information must be required to comply with these established policies and procedures; and
(2) ensure that the requirements of this section are met.
Section 44-117-350. Confidential information in a patient medication record may be released to the patient, the prescriber, other licensed practitioners then caring for the patient, other licensed pharmacists, the Board of Pharmacy or its representatives, or as otherwise allowed by federal or state law.
Section 44-117-360. To maintain the confidentiality and integrity of confidential information, the computer system shall have adequate security and system safeguards designed to prevent and detect unlawful access, modification, or manipulation of patient records. All electronic equipment for receipt of electronic transmission prescriptions must be maintained so as to prevent unlawful access and ensure the confidentiality and integrity of the confidential information. Once the prescription has been dispensed, any alterations in pharmacy prescription records must be documented, including the identification of the pharmacist responsible for the alteration.
Section 44-117-370. The Board of Pharmacy may refuse to issue or renew or may suspend, revoke, or restrict the license or the registration of, or fine, any person, routing company, or other entity for each incident of allowing confidential information to be divulged or revealed to a person other than as allowed under federal or state law or regulations or for each incident of allowing an intervening person or entity other than a routing company to have access to view, read, manipulate, alter, store, or delete the electronic transmission prescription before its receipt by the pharmacy of the patient's choice.
Section 44-117-380. (A) A pharmacist or pharmacy must not provide a computer modem or other similar electronic device to a prescriber, health care facility, or any other third-party entity, or any combination of these, with the intent to provide an incentive to the prescriber, health care facility, or third-party to refer patients to that pharmacist or pharmacy. This subsection does not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the system.
(B) Entities that offer electronic services for a pharmacist or pharmacy must comply with Section 40-43-86(F)."
SECTION 2. A. Sections 44-117-10 through 44-117-50 of the 1976 Code are designated as Article 1, Chapter 117, Title 44 and entitled "Prescription Information Privacy Act".
B. Chapter 117, Title 44 of the 1976 Code is renamed "Prescription Information and Transmission".
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:35 P.M.