Bill Text: MI SB1245 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Law enforcement; other; law enforcement access to Michigan automated prescription system data act; create. Creates new act. TIE BAR WITH: SB 1247'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-12 - Referred To Second Reading [SB1245 Detail]
Download: Michigan-2017-SB1245-Engrossed.html
SB-1245, As Passed Senate, December 6, 2018
SENATE BILL No. 1245
November 29, 2018, Introduced by Senator SHIRKEY and referred to the Committee on Michigan Competitiveness.
A bill to provide for the establishment of policies and
promulgation of rules governing access to and use of certain
controlled substances data from the department of state police; to
provide for the powers and duties of certain state and local
governmental officers and entities; and to provide for penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "law
enforcement access to Michigan automated prescription system data
act".
Sec. 3. As used in this act:
(a) "Application program interface" means the application
program interface described in section 7333a of the public health
code, 1978 PA 368, MCL 333.7333a.
(b) "Data" means data submitted for purposes of the electronic
system for monitoring schedule 2, 3, 4, and 5 controlled substances
under section 7333a of the public health code, 1978 PA 368, MCL
333.7333a.
(c) "Department" means the department of state police.
(d) "Law enforcement official" means a federal, state, or
municipal law enforcement officer or a prosecuting attorney.
Sec. 5. (1) Upon receiving data from the department of
licensing and regulatory affairs through the application program
interface, the department shall do all of the following:
(a) Ensure that the data are used only by or on behalf of law
enforcement officials and only for the purposes described in
subsection (2).
(b) Establish policies and promulgate rules governing the
security of the data. The policies and rules must include, but are
not limited to, all of the following:
(i) Ensure that direct access to the application program
interface is made available only to individuals employed by the
department who are responsible for maintaining the data and
responsible for responding to requests for data from law
enforcement officials.
(ii) Establish a procedure to address inappropriate use of
data by the individuals described in subparagraph (i).
(c) Not use, sell, divulge, or repurpose the data for any
purpose other than those described in this act.
Senate Bill No. 1245 as amended December 6, 2018
(d) Provide to the department of licensing and regulatory
affairs notice of a security breach of the data within 24 hours
after discovering the breach and, within 5 days of discovering the
security breach, provide the department of licensing and regulatory
affairs with a written description of the source of the security
breach and how the department resolved the security breach.
(2) The department may provide data obtained through the
application program interface to all of the following:
(a) A law enforcement official if the data is requested for
drug-related criminal investigatory or evidentiary purposes to
assist in the enforcement of the laws of this state or the United
States relating to drugs.
(b) To a law enforcement official who is the holder of a
search warrant or subpoena properly issued for the data.
(3) The attorney general or his or her designee, a prosecuting
attorney, or the court, in a criminal case, may disclose to the
defendant or the defendant's attorney data pertaining to the
defendant that was obtained under this act.
(4) The department, all law enforcement officials, and all
officers of the court, in using the data obtained under this act
for investigative or prosecution purposes, shall consider the
nature of the prescriber's and dispenser's practice and the
condition for which the patient is being treated. <<Law enforcement
officials and officers of the court who receive data under this act shall consult with an appropriate clinician to establish a uniform process for considering the nature of a prescriber's or dispenser's practice and the condition for which a patient is being treated. The consultation process described in this subsection must be in place before pursuing an investigation of a prescriber or dispenser.>>
(5) The data and any report containing any patient identifiers
obtained from the data obtained under this act are not public
records and are not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 7. (1) A person shall not do any of the following:
(a) Access, use, or disclose data obtained under this act for
personal use or gain.
(b) Disclose data obtained under this act in a manner that is
not authorized by law or rule.
(2) A person who intentionally violates this section is guilty
of a crime as follows:
(a) For a first offense, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(b) For a second or subsequent offense, the person is guilty
of a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,000.00, or both.
Sec. 9. The department may promulgate rules to implement this
act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No._1247 of
the 99th Legislature is enacted into law.
