Chapter 134

(House Bill 1056)

An Act to revise provisions related to medical cannabis data maintained by the Department of Health.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-20G-86 be AMENDED:

34-20G-86. Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder or medical cannabis establishment, including data on designated caregiver or practitioner, is private data that is confidential not a public record open to public access, inspection, or copying under chapter 1-27. All other public records concerning registered medical cannabis establishments are governed by chapter 1-27.

Section 2. That § 34-20G-88 be AMENDED:

34-20G-88. Data Confidential data or data that is not a public record kept or maintained by the department may only be disclosed solely for as necessary to:

(1) The verification of Verify a registration certificate or registry identification card pursuant to this chapter;

(2) Submission of the annual report required by this chapter;

(3) Notification of state or local Notify law enforcement of an apparent criminal violation of this chapter or respond to law enforcement or prosecutorial officials engaged in the investigation or enforcement of the criminal provisions of this chapter;

(4)(3) Notification ofNotify state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card; or

(5)(4) Notification ofNotify the South Dakota Board of Medical and Osteopathic Examiners if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition. or respond to the board, if the board is seeking data relevant to an investigation of a person who holds a license issued by the board;

(5) Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal, civil, or administrative violations related to the use of medical cannabis;

(6) An authorized employee of the department performing official duties associated with the medical cannabis program; or

(7) A practitioner to determine if a person in the practitioner's care engages in the medical use of cannabis so the practitioner may assess possible drug interactions or assess other medically necessary concerns.

Signed February 17, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.