South Carolina General Assembly
109th Session, 1991-1992

Bill 1138


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1138
Primary Sponsor:                Giese
Committee Number:               27
Type of Legislation:            GB
Subject:                        Prescription drugs, sales tax
                                exemption, when
Residing Body:                  House
Current Committee:              Medical, Military, Public and
                                Municipal Affairs
Computer Document Number:       BR1/1865.AC
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         Apr 29, 1992
Last History Body:              House
Last History Date:              May 05, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Giese
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1138  House   May 05, 1992  Introduced, read first time,    27
                             referred to Committee
 1138  Senate  Apr 30, 1992  Read third time, sent to House
 1138  Senate  Apr 29, 1992  Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
 1138  Senate  Apr 28, 1992  Committee Report: majority      13
                             favorable, with amendment,
                             minority unfavorable
 1138  Senate  Jan 14, 1992  Introduced, read first time,    13
                             referred to Committee

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

AMENDED

April 29, 1992

S. 1138

Introduced by SENATOR Giese

S. Printed 4/29/92--S.

Read the first time January 14, 1992.

A BILL

TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.

Amend Title To Conform

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

SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:

"Section 40-43-150. (A) Except as provided by Chapters 37 and 38 of Title 40, it is unlawful for any a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, medical or osteopathic, podiatrist, dentist, nurse practitioner or veterinarian any a drug or device, other than contact lenses, as defined in Section 39-23-20 bearing on its manufacturer's or distributor's original commercial container the legend, `CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as `dangerous drugs' within the meaning of this section.

(B) The prescription must be compounded or prepared only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a licensed medical or osteopathic physician, medical or osteopathic, podiatrist, dentist, nurse practitioner, or veterinarian who prescribed it, except that if a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two hour supply of the prescribed medication if:

(1) the prescription is not for a controlled substance;

(2) the medication is essential to the maintenance of life or to the continuation of therapy;

(3) in the pharmacist's professional judgment, the interruption of therapy reasonably may produce undesirable health consequences or may cause physical or mental discomfort;

(4) the pharmacist properly records the dispensing; and

(5) the dispensing pharmacist notifies the prescriber of the emergency dispensing within seventy-two hours after the one-time emergency refill dispensing.

No prescription marked `PRN' or for another nonspecific number of refills may be refilled more than two years beyond the date it was written originally. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription.

(C) The provisions of This section do does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, medical or osteopathic, podiatrists, dentists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. The provisions of This section apply applies to the sale by any a manufacturer, wholesaler, or retailer to any a person other than those legally qualified and authorized to purchase and hold them for resale in this State."

SECTION 2. This act takes effect upon approval by the Governor.

-----XX-----