Download This Version in Microsoft Word format
AMENDED
April 22, 1999
H. 3498
Introduced by Reps. 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, Neal, Scott, Howard, Sandifer, Hayes, Barfield and Seithel
S. Printed 4/22/99--H.
Read the first time February 10, 1999.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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 healthcare 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 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) transmission of the original order, written, electronic, or verbal, conveyed by or on behalf of a practitioner to a licensed pharmacist, pharmacy technician or pharmacy intern;
(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.
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 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. This chapter does not invalidate the authority of a court to issue a subpoena or of a licensing or disciplinary board of this State to obtain these records as provided by law. this chapter does not invalidate 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."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
Friday, June 26, 2009 at 2:59 P.M.