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COMMITTEE REPORT
May 16, 2007
S. 610
S. Printed 5/16/07--H.
Read the first time April 24, 2007.
To whom was referred a Bill (S. 610) to amend Section 44-53-360, as amended, Code of Laws of South Carolina, 1976, relating to controlled substances prescriptions, including limitations on quantities prescribed, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
The Department of Health & Environmental Control, the Department of Health & Human Services and the Department of Mental Health all indicate that this Bill would have no impact on the General Fund of the State or on federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-360(b) of the 1976 Code is amended to read:
"(b) Except in emergency situations as prescribed by the Department by regulation, and except when distributed to a registrant or dispensed by a practitioner, other than A pharmacist, no may dispense a controlled substance included in Schedule III, or IV, or V shall be dispensed without pursuant to either a written prescription signed by a practitioner, or a facsimile of a written, signed prescription, transmitted by the practitioner or the practitioner's agent to the pharmacy, or pursuant to an oral prescription, reduced promptly to writing and filed by the pharmacist. A prescription transmitted by facsimile must be received at the pharmacy as it was originally transmitted by facsimile and must include the name and address of the practitioner, the phone number for verbal confirmation, the time and date of transmission, and the name of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law. Such prescription, when authorized, may not be refilled more than five times or later than six months after the date of the prescription unless renewed by the practitioner."
SECTION 2. Section 44-53-360(e) of the 1976 Code, as amended by Act 396 of 2006, is further amended to read:
"(e) Prescriptions for controlled substances in Schedules Schedule II through IV, 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 ninety days of the date of issue, after which time they are void. Prescriptions for controlled substances in Schedule Schedules III through V, inclusive, must not exceed a ninety-day supply."
SECTION 3. Section 44-53-360(i) of the 1976 Code is amended to read:
"(i) Excepting a mail order prescription dispensed in compliance with Chapter 43 of Title 40 for which the dispenser requires proper identification of the recipient, a 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 the recipient to produce a government issued photo identification, and the dispenser notes the identification source and number on the prescription, or in a readily retrievable log including:
(1) prescription number;
(2) date prescription filled;
(3) number and type of identification;
(4) initials of person obtaining and recording information."
SECTION 4. This act takes effect upon approval by the Governor.
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