South Carolina General Assembly
103rd Session, 1979-1980

Bill 748


                    Current Status

Bill Number:               748
Ratification Number:       513
Act Number                 439
Introducing Body:          Senate
Subject:                   Control of methadone
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A439, R513, S748)

AN ACT TO AMEND ARTICLE 5, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHADONE, SO AS TO ABOLISH THE COUNCIL FOR THE CONTROL OF METHADONE PROGRAMS FOR NARCOTIC ADDICTS; TO DEVOLVE THE FUNCTIONS OF THE COUNCIL ON THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO RESTRICT THE USE OF METHADONE TO CERTAIN PROGRAMS OF THE STATE DEPARTMENT OF MENTAL HEALTH, THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE OR CERTAIN HOSPITALS; TO PROHIBIT THE SALE OR DISTRIBUTION OF METHADONE OR ITS SALTS EXCEPT TO CERTAIN LICENSED FACILITIES AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS ON THE USE OF METHADONE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Be it enacted by the General Assembly of the State of South Carolina:

Control of Methadone

Section 1. Article 5, Chapter 53, Title 44, of the 1976 Code

is amended to read:

"Article 5

Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have exclusive control over the controlled substance methadone, except for South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Commission on Alcohol and Drug Abuse or the federal government.

Section 44-53-720. Methadone and its salts are restricted:

(a) To use in treatment, maintenance or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health.

(b) To dispensing by a hospital for analgesia, pertussis and detoxification treatment as approved by the Department of Health and Environmental Control.

Section 44-53-730. No supplier, distributor or manufacturer shall sell or distribute methadone or its salts to anyone other than a facility licensed by the Department of Health and Environmental Control or the South Carolina Department of Mental Health.

Section 44-53-740. The Board of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Commission on Alcohol and Drug Abuse or the federal government.

Section 44-53-750. An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.

Section 44-53-760. Parental consent shall be obtained for all persons under eighteen years of age prior to admission to a methadone maintenance program; provided, that if any court of competent jurisdiction declares a person under eighteen years of age an emancipated minor, then such person may be admitted to the program without parental consent."

Time effective

Section 2. This act shall take effect upon approval by the Governor.