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State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
| 619Y0016 | SENATE BILL NO. 2 |
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Introduced by: Senators White, Bolin, and Monroe and Representatives Stevens, Haugaard,
and Tieszen at the request of the Interim Substance Abuse Prevention Study
Committee
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FOR AN ACT ENTITLED, An Act to require prescribers to access the prescription drug
monitoring program database prior to issuing a prescription to certain controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20E-11 be amended to read:
34-20E-11.Nothing in this chapter requires a prescriber or dispenser to obtain information
about a patient from the central repository prior to prescribing or dispensing a controlled
substance. A prescriber, dispenser, or other health care provider may not be held liable in
damages to any person in any civil action on the basis that the prescriber, dispenser, or other
health care provider did or did not seek to obtain information from the central repository. Unless
there is shown a lack of good faith, the board, a prescriber, dispenser, or any other person in
proper possession of information provided under this chapter is not subject to any civil liability
by reason of:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20E-11 be amended to read:
34-20E-11.
(1) The furnishing of information under the conditions provided in this chapter;
(2) The receipt and use of, or reliance on, such the information;
(3) The fact that any such of the information was not furnished; or
(4) The fact that such the information was factually incorrect or was released by the
board to the wrong person or entity.
Section 2. That chapter 34-20E be amended by adding a NEW SECTION to read:
Section 2. That chapter 34-20E be amended by adding a NEW SECTION to read:
A prescriber shall review a patient's prescription drug record available through the program
before the prescriber issues a prescription order for any controlled substance referenced in this
chapter.
Section 3. That chapter 34-20E be amended by adding a NEW SECTION to read:
Section 3. That chapter 34-20E be amended by adding a NEW SECTION to read:
The requirement under section 2 of this Act does not apply if:
(1) The patient is receiving hospice care;
(2) The prescription is for a number of doses that is intended to last the patient three days
or less and is not subject to refill;
(3) The monitored prescription is lawfully administered to the patient; or
(4) Due to emergency, the prescriber is unable to review the patient's records prior to
issuing the prescription.
Section 4. This Act is effective on July 1, 2018.
Section 4. This Act is effective on July 1, 2018.
