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MI SB1245

Bill

Status

Engrossed

12/6/2018

Primary Sponsor

Michael Shirkey

Click for details

Origin

Senate

99th Legislature

AI Summary

  • Establishes the "Law Enforcement Access to Michigan Automated Prescription System Data Act" to govern law enforcement access to controlled substance prescription data through an application program interface.

  • Department of State Police must establish policies and rules ensuring data security, including limiting direct access to designated employees, addressing inappropriate use, and prohibiting sale or repurposing of data for unauthorized purposes.

  • Allows law enforcement officials to access data for drug-related criminal investigations or upon presentation of a valid search warrant or subpoena.

  • Requires notification to the Department of Licensing and Regulatory Affairs within 24 hours of discovering a security breach and written description within 5 days explaining the breach source and resolution.

  • Makes unauthorized access, use, or disclosure of data a misdemeanor (first offense: up to 93 days imprisonment or $500 fine) or felony (subsequent offenses: up to 4 years imprisonment or $2,000 fine); data containing patient identifiers is exempt from Freedom of Information Act disclosure.

Legislative Description

Law enforcement; other; law enforcement access to Michigan automated prescription system data act; create. Creates new act. TIE BAR WITH: SB 1247'18

State agencies (existing): licensing and regulatory affairs

Last Action

Referred To Second Reading

12/12/2018

Committee Referrals

Health Policy12/6/2018
Michigan Competitiveness11/29/2018

Full Bill Text

No bill text available