34-20E-7. Disclosure of data in central repository to certain persons and entities.
Unless disclosure is prohibited by law, the board may provide data in the central repository to:
(1)Any prescriber for the purpose of providing medical care to a patient, a dispenser for the purpose of filling a prescription or providing pharmaceutical care for a patient, a prescriber or dispenser inquiring about the prescriber's or dispenser's own prescribing activity, or a prescriber or dispenser in order to further the purposes of the program including integration with electronic medical records;
(2)Any individual who requests the prescription information of the individual or the individual's minor child;
(3)Any state board or regulatory agency that is responsible for the licensing of individuals authorized to prescribe or dispense controlled substances if the board or regulatory agency is seeking information from the central repository that is relevant to an investigation of an individual who holds a license issued by that board or regulatory agency;
(4)Any local, state, and federal law enforcement or prosecutorial officials engaged in the enforcement of laws relating to controlled substances who seek information for the purpose of an investigation or prosecution of the drug-related activity or probation compliance of an individual;
(5)The Department of Social Services for purposes regarding the utilization of controlled substances by a medicaid recipient;
(6)Any insurer for purposes regarding the utilization of controlled substances by a claimant;
(7)Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal violations of controlled substances laws;
(8)Any public or private entity for statistical, research, or educational purposes after the information is de-identified with respect to any prescriber, dispenser, or patient who received a prescription for a controlled substance; or
(9)Any peer review committee, which means any committee of a health care organization, composed of health care providers, employees, administrators, consultants, agents, or members of the health care organization's governing body, which conducts professional peer review.
Source: SL 2010, ch 175, §7; SL 2017, ch 157, §4.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20E - Prescription Drug Monitoring Program
Section 34-20E-1 - Definition of terms.
Section 34-20E-2 - Prescription drug monitoring program to be established.
Section 34-20E-2.1 - Prescriber and dispenser registration with program required--Exception.
Section 34-20E-3 - Submission of information to central repository.
Section 34-20E-4 - Grounds for extension of time to submit information.
Section 34-20E-5 - Confidentiality of information.
Section 34-20E-6 - Procedures for security of patent information.
Section 34-20E-7 - Disclosure of data in central repository to certain persons and entities.
Section 34-20E-9 - Records of information requests.
Section 34-20E-10 - Contracts to facilitate operation of prescription drug monitoring program.
Section 34-20E-11 - Immunity from civil liability.
Section 34-20E-13 - Correction of erroneous information.
Section 34-20E-14 - Cooperation with other states.
Section 34-20E-15 - Advisory council established.
Section 34-20E-16 - Membership of advisory council.
Section 34-20E-17 - Recommendations of advisory council.
Section 34-20E-19 - Knowing disclosure of information in violation of chapter as felony.