reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 113 - Provider Self-referral › Section 44-113-40. When provider may refer patient to entity in which it has investment interest; signed disclosure required.

(A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.
HISTORY: 1993 Act No. 71, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 113 - Provider Self-referral › Section 44-113-60. Kickback defined; penalty.

(A) As used in this section, the term "kickback" means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise by a provider of health care services or items of a portion of the charges for services rendered to a referring health care provider as an incentive or inducement to refer patients for future services or items when the payment is not tax deductible as an ordinary and necessary expense.
(B) It is unlawful for a health care provider or a provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days.
HISTORY: 1993 Act No. 71, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 113 - Provider Self-referral › Section 44-113-70. Employers providing health insurance benefits to employees may report over-utilization of services to Department of Insurance.

Any employer providing health insurance benefits to its employees may report instances of alleged over-utilization of services to the South Carolina Department of Insurance pursuant to Section 38-55-170.
HISTORY: 1993 Act No. 71, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 113 - Provider Self-referral › Section 44-113-80. Person permitted to make referral to entity in which he has interest must submit certain information to department.

A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department, including the professional's name, name of the entity, and the percentage of the health care professional's ownership.
HISTORY: 1993 Act No. 71, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-30. Patient's right to receive copy of medical record or have it transferred to another physician; written authorization required.

A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his legal representative to release the record. The patient or his legal representative is entitled to receive a copy of the record either in a printed format or an electronic format but only if the record is stored in an electronic format at the time of the request and the physician or other owner of the record has the ability to produce the medical record in an electronic format without incurring additional cost.
HISTORY: 1992 Act No. 480, Section 1; 2014 Act No. 294 (H.4354), Section 2, eff June 23, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-40. Physician not to release records without express written consent.

Except as otherwise provided by law, a physician shall not honor a request for the release of copies of medical records without the receipt of express written consent of the patient or person authorized by law to act on behalf of the patient.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-50. Physician may rely on representations of insurance carrier or administrator as to patient authorization to release records; immunity from liability and disciplinary action.

A physician may rely on the representations of a health and life insurance carrier or administrator of health and life insurance claims that the authorization of the patient or of a person upon whose status the patient's claim depends for release of the medical record is on file with the carrier as an authorization to release medical information under this chapter. A physician who in good faith releases medical information for claims processing relying on the representations of the claims administrator that an authorization for release of the information is on file is immune from any civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law or regulation due to the compliance with the request to release information.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-60. Physician's release of summary or portion in lieu of full record.

Except as otherwise provided by law, a physician may refuse to release a copy of the entire medical record and may furnish instead a summary or portion of the record when he has a reasonable belief that release of the information contained in the entire record would cause harm to the patient's emotional or physical well-being, the emotional or physical well-being of another person who has given information about the patient to the physician, or where release of the information is otherwise prohibited by law. An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners.
However, notwithstanding the provisions of this section, a physician may not refuse to release the entire record or a portion of the record if the information is requested by a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient's legal guardian, or the patient's personal representative, for any reason, a licensed attorney representing the patient, or by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance or if the information is requested with reference to the payment or adjudication of personal injury claims.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-80. Fees physician may charge for search and duplication of records.

(A) 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 paper or electronic medical record, but the fee may not exceed:
(1) Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed one hundred fifty dollars per request, but to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient.
(2) Sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page print costs may not exceed two hundred dollars per request, and to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient.
(3) All fees allowed by this section, including the maximum, must be adjusted annually in accordance with the Consumer Price Index for all Urban Consumers, South Region (CPI-U), published by the U.S. Department of Labor. The Department of Health and Environmental Control is responsible for calculating this annual adjustment, which is effective on July first of each year, starting July 1, 2015.
(B) 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.
(C) The physician may charge a patient or the patient's legal 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.
HISTORY: 1992 Act No. 480, Section 1; 1994 Act No. 468, Section 6; 1999 Act No. 85, Section 3; 2014 Act No. 294 (H.4354), Section 3, eff June 23, 2014.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-90. Fees for providing medical information other than copying existing documents.

When a request for medical information involves more than making copies of existing documents, a physician may charge reasonable fees, exclusive of those fees charged for copying the medical record, for providing this service.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-100. Sections 44-115-80 and 44-115-90 not applicable to requests for information made in relation to health insurance claims.

The provisions of Sections 44-115-80 and 44-115-90 do not apply to requests for medical information necessary to process a health insurance claim made by a patient or on behalf of the patient by a health insurance carrier or health insurance administrator for services rendered by the physician from whom the information is requested.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-110. Payment for services related to medical records a just debt; payment in advance may be required.

Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-120. Length of time records must be kept; records pertaining to minors.

Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-130. Sale of medical records by physician restricted; notice of intent to sell.

A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners.
Before a physician may sell medical records, he must cause to be published a public notice of his intention to sell the records in a newspaper of general circulation in the area of his practice at least three times in the ninety days preceding the sale. The notice shall advise patients that they may retrieve their records if they prefer that their records not be included in the sale.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-140. Immunity from civil, criminal, and disciplinary liability for compliance with request to release information.

A physician who in good faith releases medical records to a party pursuant to a written authorization from the patient or the patient's representative is immune from civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law due to compliance with the request to release information.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-150. Other provisions pertaining to medical records or actions involving medical negligence not invalidated by this chapter.

This chapter does not invalidate any other provision of law concerning medical records, the alteration of medical records, any interest a patient has in the information contained within the medical record, or any civil action brought in the state or federal courts alleging medical negligence; further, 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.
HISTORY: 1992 Act No. 480, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 115 - Physicians' Patient Records Act › Section 44-115-160. Mammogram report requirements.

A mammography report must be provided to a patient by the mammogram provider, and this report must include information about breast density based on the requirements of the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, this report must include:
(1) a notice in conspicuous language which states: "Your mammogram shows that your breast tissue is dense. Dense tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and also may be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician."; and
(2) consumer or patient information available from the American College of Radiology about breast density and mammogram reports.
HISTORY: 2016 Act No. 168 (S.339), Section 2, eff May 12, 2016.
Editor's Note
2016 Act No. 168, Section 1, provides as follows:
"SECTION 1. This act is entitled 'Hope's Law'."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-20. Definitions.

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.
HISTORY: 1999 Act No. 85, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-30. Prescription drug information transfer and receipt; exceptions.

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.
HISTORY: 1999 Act No. 85, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-40. Violations and penalties.

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.
HISTORY: 1999 Act No. 85, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-50. Application; certain laws and authority not invalidated.

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.
HISTORY: 1999 Act No. 85, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-310. Definitions.

As used in this article:
(1) "Board" means the State Board of Pharmacy.
(2) "Confidential information" has the same meaning as provided in Section 40-43-30(8).
(3) "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.
(4) "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.
(5) "Electronic transmission" means transmission of information by electronic means, including 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.
(6) "Practitioner" means a health care professional licensed in this State who is authorized by law to issue prescription drug orders.
(7) "Prescription" or "prescription drug order" means a lawful order of a practitioner for a drug or device for a specific patient that is communicated to a pharmacist.
(8) "Routing company" means a 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.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-320. Electronic transmission of prescriptions; required conditions; use of routing company.

(A) A practitioner may electronically transmit a prescription to a pharmacy if all of these conditions are met:
(1) A valid practitioner/patient relationship must exist.
(2) The prescription must identify the transmitter's phone number, the time and date of transmission, and the pharmacy intended to receive the transmission and any other information required by federal or state law.
(3) The prescription must be transmitted by the authorized practitioner or the practitioner's designated agent to the pharmacy of the patient's choice, and the prescription must be received only by a pharmacy, with no intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt at the pharmacy.
(4) The prescription must be transmitted to the pharmacy of the patient's choice. If the pharmacy of the patient's choice is not equipped with the capability to accept an electronic prescription, the practitioner shall provide the patient with a written prescription, telephone an oral prescription, or transmit via facsimile to the pharmacy of the patient's choice.
(5) The prescription must have the practitioner's electronic or digital signature or key code.
(6) The prescription must be sent directly from the practitioner to the receiving pharmacy of the patient's choice. If an electronic prescription is printed out, it must possess an original handwritten signature before being delivered to a patient. If a prescription is a hard copy prescription drug order generated from electronic media, a prescribing practitioner's electronic or manual signature must be present. Prescriptions with electronic signatures must be applied to paper that utilizes security features that will ensure the prescription drug order is not subject to any form of copying or alteration.
(B) An electronically transmitted prescription is deemed the original prescription drug order if it meets the requirements of this article and other applicable laws and regulations.
(C)(1) Nothing in this article may be construed to prohibit a practitioner from using a routing company to transmit a prescription pursuant to this article, except that a routing company shall provide its tax identification number to the Board of Pharmacy before offering its services in this State.
(2) A routing company:
(a) may, for the purpose of verifying an audit conducted of the routing company, store any prescription or other confidential information it receives or transmits pursuant to this article in a form that is secure and ensures the confidentiality of the information in compliance with federal and state privacy law; and
(b) may not add a provision to, delete a provision from, or otherwise modify a prescription or any other confidential information that it receives or transmits pursuant to this article.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-330. Electronic equipment for receipt of prescription drug orders; security; alterations to prescription drug order data.

All electronic equipment for receipt of prescription drug orders communicated by way of electronic transmission must have adequate security and system safeguards and must be maintained so as to ensure patient confidentiality and to ensure against unauthorized access or an intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt by the pharmacy of the patient's choice. The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order consistent with existing federal or state laws and regulations. Once the drug has been dispensed, any alterations in prescription drug order data must be documented, including the identification of the pharmacist responsible for the alteration.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-340. Applicability of laws and regulations for oral prescription drug orders; records; location of facsimile machine.

(A) All laws and regulations applicable to oral prescription drug orders apply to all 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 prescription orders.
(B) A prescription order transmitted by 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 must contain all prescription information required pursuant to Section 40-43-86(E) and federal and state law.
(C) A practitioner or practitioner's agent shall note any generic substitution instructions on the electronic prescription order transmitted computer to computer, computer to facsimile machine, electronic device to computer, or e-mail. Such electronic prescription order may follow the format provided for in Section 40-43-86(H)(3) or any other format that clearly indicates the generic substitution instructions.
(D) A pharmacist may dispense prescription orders transmitted by 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 only when a valid patient/physician relationship exists and the prescription has been signed by the prescribing practitioner and transmitted from the practitioner or a long-term care facility in compliance with all sections of this article.
(E) The original document must be assigned the number of the prescription dispensed and maintained in the pharmacy records for at least two years.
(F) The facsimile machine receiving prescription drug orders must be in the prescription department of the pharmacy to protect confidentiality and security.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-350. Protection of confidentiality of prescription information.

(A) Prescription information and other patient health care information received by a pharmacy must be maintained in a manner that protects the integrity and confidentiality of such information as provided by the State Board of Pharmacy in regulation.
(B) A pharmacy shall provide a mechanism to prevent the disclosure of any information, confidential or otherwise, about patients that was obtained or collected by a pharmacist or pharmacy incidental to the delivery of pharmaceutical care other than as authorized in regulation.
(C) The pharmacist-in-charge shall:
(a) establish and maintain written policies and procedures for maintaining the integrity and confidentiality of prescription information and patient health care information. All employees of the pharmacy with access to this information must be required to comply with the established policies and procedures.
(b) ensure that the requirements of this section are established and implemented.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-360. Improper revealing of confidential information.

The board may refuse to issue or renew, or may suspend, revoke, restrict the license or the registration of, or fine its licensees, routing company, or other entity subject to their jurisdiction for each incident that allows the divulging or revealing of confidential information to a person other than a person authorized by this article or any other provision of law or for each incident allowing an intervening person or entity to have access to view, read, manipulate, alter, store, or delete the electronic prescription before it is received by the pharmacy. For all other licensees, the board must refer the matter to the board of appropriate jurisdiction.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-370. Pharmacist providing prescriber or health care provider with modem; hospital exception.

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 or provider entity for the purpose of providing an incentive to the practitioner, health care facility, or third party or provider entity that refers patients to a particular pharmacy or department. This does not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the system.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 117 - Prescription Information Privacy Act › Section 44-117-380. Compliance with South Carolina Pharmacy Practice Act.

Entities that offer electronic services for a pharmacist or pharmacy must comply with Section 40-43-86(F) of the South Carolina Pharmacy Practice Act.
HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 122 - County Grants Fund For Adolescent Pregnancy Prevention Initiatives › Section 44-122-10. Definitions.

As used in this chapter:
(1) "Adolescent" means an individual nineteen years of age and under.
(2) "Contractor" means a public or private agency or organization receiving money from the fund.
(3) "County government" means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.
(4) "Department" means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, "department" means the State Director of the South Carolina Department of Social Services (DSS).
(5) "Initiative" means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.
(6) "Short term outcomes" means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.
(7) "Long term outcome" means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.
(8) "Primary pregnancy prevention" means prevention of first pregnancy.
(9) "Fund" means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.
(10) "Local interagency council" means an organized group of representatives of public and private agencies in the county with functions related to youth development.
HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 122 - County Grants Fund For Adolescent Pregnancy Prevention Initiatives › Section 44-122-20. County Grants Fund for Adolescent Pregnancy Prevention Initiatives; purpose; components funded by federal Temporary Assistance for Needy Families (TANF) dollars.

(A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.
HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 122 - County Grants Fund For Adolescent Pregnancy Prevention Initiatives › Section 44-122-40. Application for funding to operate pregnancy prevention initiative; minimum standards for consideration; continuation of funding.

(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the "South Carolina Family Respect" information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.
(B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon:
(1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and
(2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.
HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000; 2001 Act No. 4, Section 4, eff November 30, 2000.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 122 - County Grants Fund For Adolescent Pregnancy Prevention Initiatives › Section 44-122-60. External evaluation to determine effectiveness of initiatives and county's efforts to reduce adolescent pregnancies.

An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department, and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors.
HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 125 - Osteoporosis Prevention And Treatment Education › Section 44-125-20. Establishment of Osteoporosis Education Fund; purpose.

(A) There is established the Osteoporosis Education Fund, separate and distinct from the general fund, in the State Treasury and to be administered by the Department of Health and Environmental Control. The purpose of the fund is to promote public awareness, prevention, and treatment of osteoporosis.
(B) All funds received by the department for the Osteoporosis Education Fund must be deposited with the State Treasurer. Earnings on the funds must be credited to the fund. Funds remaining in the account for the fund at the end of the fiscal year may be carried forward by the fund.
HISTORY: 1997 Act No. 79, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 125 - Osteoporosis Prevention And Treatment Education › Section 44-125-30. Establishment of Osteoporosis Prevention and Treatment Education Program; functions.

To implement the purposes of the fund the department may establish an Osteoporosis Prevention and Treatment Education Program and if funds are available and received from the Osteoporosis Education Fund may:
(1) conduct a statewide needs assessment to identify:
(a) available technical assistance and educational materials and programs nationwide;
(b) the level of public and professional awareness about osteoporosis;
(c) the needs of osteoporosis patients and of their families and caregivers;
(d) needs of health care providers;
(e) the services available to osteoporosis patients;
(f) existence of osteoporosis treatment programs;
(g) existence of osteoporosis support groups;
(h) existence of osteoporosis rehabilitation services;
(i) number and location of bone density testing equipment.
(2) design and implement strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating osteoporosis;
(3) develop and work with other state and local agencies in presenting educational programs for physicians and other health professionals on the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, treatment, and therapeutic decision-making including, but not limited to, guidelines for detecting and treating the disease in special populations, risks and benefits of medications, and research advances; and
(4) develop, maintain, and make available a list of osteoporosis-related services and osteoporosis health care providers with specialization in services to prevent, diagnose, and treat osteoporosis.
HISTORY: 1997 Act No. 79, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 125 - Osteoporosis Prevention And Treatment Education › Section 44-125-40. Staffing; training of staff; improvement of community-based services; maximization of state resources.

Additionally, the department, in carrying out its responsibilities under this chapter, and if funds are available and received from the Osteoporosis Education Fund, may:
(1) employ qualified staff to implement the Osteoporosis Prevention and Treatment Education Program established by Section 44-125-30;
(2) provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program;
(3) work to improve the capacity of community-based services available to osteoporosis patients;
(4) work with other state and local governmental offices, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of education, prevention, and treatment of osteoporosis;
(5) identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.
HISTORY: 1997 Act No. 79, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 128 - South Carolina Youth Smoking Prevention Act › Section 44-128-20. Youth Smoking Prevention Plan.

(A) The Department of Health and Environmental Control shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors.
(B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors and may include but is not limited to:
(1) media campaigns;
(2) school based youth programs;
(3) community based youth programs;
(4) business, community, and school partnerships;
(5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education;
(6) surveillance and evaluations;
(7) chronic disease and health-related programs.
(C)(1) To assist in carrying out the purposes of the plan, the department may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the department.
(2) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the advisory commission, as to the following:
(a) amount received as a grant and the expenditures made with the proceeds of the grant;
(b) a description of the program offered and the number of youths who participated in the program; and
(c) specific elements of the program meeting the criteria set forth in the state plan.
(D) The state plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12. This survey shall:
(1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth;
(2) not include any individual who is eighteen years of age or older; and
(3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date.
HISTORY: 2000 Act No. 387, Part II, Section 49.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 128 - South Carolina Youth Smoking Prevention Act › Section 44-128-30. Annual reports.

The department shall report annually by January first of each year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee on the activities and effectiveness of the Youth Smoking Prevention Plan.
HISTORY: 2000 Act No. 387, Part II, Section 49.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 128 - South Carolina Youth Smoking Prevention Act › Section 44-128-40. Funding.

Responsibilities of the department under this chapter including, but not limited to, funding grants authorized pursuant to Section 44-128-20(C) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.
HISTORY: 2000 Act No. 387, Part II, Section 49.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 128 - South Carolina Youth Smoking Prevention Act › Section 44-128-50. South Carolina Youth Smoking Prevention Advisory Commission.

(A) There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department in the development, implementation, and evaluation of the State Youth Smoking Plan.
(B) Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows:
(1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;
(2) two members appointed by the President of the Senate from the membership of the Senate; and
(3) eleven members appointed by the Governor as follows:
(a) one representative of the Department of Health and Environmental Control;
(b) one representative of the Department of Alcohol and Other Drug Abuse Services;
(c) three health professionals;
(d) two youths between the ages of twelve and eighteen; and
(e) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise.
HISTORY: 2000 Act No. 387, Part II, Section 49; 2019 Act No. 1 (S.2), Section 56, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 56, in (B)(2), substituted "President of the Senate" for "President Pro Tempore of the Senate".