(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:
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:
Confidential data or data that is not a public record
kept or maintained by the department may
as necessary to:
verification of Verify
certificate or registry identification card pursuant to this chapter;
of the annual report required by this chapter; (3) Notification
of state or local Notify
of an apparent criminal violation of this chapter
or respond to law enforcement or prosecutorial officials engaged in
of the criminal provisions of this chapter; (4)(3) Notification
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
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.
indicate deleted language.