Bill 4981

                    Current Status

Bill Number:                      4981
Ratification Number:              433
Act Number:                       365
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020326
Primary Sponsor:                  Lourie
All Sponsors:                     Lourie and J.E. Smith
Drafted Document Number:          l:\council\bills\nbd\11345ac02.doc
Date Bill Passed both Bodies:     20020529
Date of Last Amendment:           20020523
Governor's Action:                S
Date of Governor's Action:        20020926
Subject:                          Controlled substances, theft and 
                                  dispensing of; provisions repealed relating to 
                                  hypodermic needle sales records


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20021007  Act No. A365
------  20020926  Signed by Governor
------  20020604  Ratified R433
House   20020529  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020523  Amended, read third time, 
                  returned to House with amendment
Senate  20020522  Amended
Senate  20020516  Read second time
Senate  20020515  Committee report: Favorable            11 SJ
Senate  20020416  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020412  Read third time, sent to Senate
House   20020411  Read second time, unanimous
                  consent for third reading on 
                  Friday, 20020412
House   20020411  Amended
House   20020410  Committee report: Favorable with       25 HJ
                  amendment
House   20020326  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 10, 2002 - Word format
Revised on April 11, 2002 - Word format
Revised on May 15, 2002 - Word format
Revised on May 22, 2002 - Word format
Revised on May 23, 2002 - Word format

(A365, R433, H4981)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO CREATE A FELONY OFFENSE FOR THEFT OF A CONTROLLED SUBSTANCE AND TO PROVIDE A PENALTY OF UP TO FIVE YEARS AND FIVE THOUSAND DOLLARS FOR A FIRST OFFENSE AND UP TO TEN YEARS AND TEN THOUSAND DOLLARS FOR A SUBSEQUENT OFFENSE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO ONLY AUTHORIZE PRESCRIBING A THIRTY-ONE DAY SUPPLY OF SCHEDULE II THROUGH V CONTROLLED SUBSTANCES, RATHER THAN ALSO AUTHORIZING PRESCRIPTIONS FOR UP TO ONE HUNDRED TWENTY DOSAGE UNITS, TO EXEMPT TRANSDERMAL PATCHES FROM THIS LIMITATION, AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A SCHEDULE II CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS, PROMULGATE REGULATIONS, AND EXEMPTIONS FROM CERTAIN HYPODERMIC NEEDLE SALES REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.

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

Felony created; penalties provided

SECTION 1. The 1976 Code is amended by adding:

"Section 44-53-365. (A) It is unlawful for a person to take or exercise control over a controlled substance belonging to another person or entity with the intent to deprive the person or entity of the controlled substance.

(B) A person who knowingly and intentionally violates subsection (A):

(1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and

(2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both."

Prescriptions

SECTION 2. Section 44-53-360(e) of the 1976 Code is amended to read:

"(e) Prescriptions for controlled substances in Schedules II through V, inclusive, with the exception of transdermal patches, must not exceed a thirty-one day supply. Prescriptions for Schedule II substances must be dispensed within sixty days of the date of issue, after which time they are void."

Identification required to fill a prescription

SECTION 3. Section 44-53-360 of the 1976 Code is amended by adding at the end:

"(i) A prescription for a controlled substance in Schedules II through V may not be filled unless the dispenser knows the recipient or requires proper identification and notes the identification source on the prescription."

Exemptions

SECTION 4. Section 44-53-950 of the 1976 Code is amended to read:

"Section 44-53-950. Nothing in this article applies to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics."

Repeal

SECTION 5. Sections 44-53-910, 44-53-920, and 44-53-940 of the 1976 Code are repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2002.

Approved the 26th day of September, 2002.

This web page was last updated on Tuesday, December 8, 2009 at 11:38 A.M.