View Amendment Current Amendment: 87 to Bill 4813 Reps. CRAWFORD, LIMEHOUSE, ATWATER, and CHUMLEY propose the following Amendment No. 87 to H.4813 as introduced by Ways & Means
(Doc Name H:\LEGWORK\HOUSE\AMEND\COUNCIL\NBD\12216AC12.DOCX):

EXPLANATION:

Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 389, after line 26, by adding an appropriately numbered paragraph to read:

/22.            (A)      For Fiscal Year 2012-2013 within thirty days after the convening of the regular session of the General Assembly in 2013, the department shall recommend to the General Assembly any additions, deletions, or revisions in the schedules of controlled substances enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270, of the 1976 Code, which the department deems necessary. Except as otherwise provided in this paragraph, the department must not make any additions, deletions, or revisions in the schedules until after notice and an opportunity for a hearing is afforded to all interested parties. In making a recommendation to the General Assembly regarding a substance, the department shall consider the following:
           (1)      the actual or relative potential for abuse;
           (2)            the scientific evidence of the substance's pharmacological effect, if known;
           (3)      the state of current scientific knowledge regarding the substance;
           (4)      the history and current pattern of abuse;
           (5)      the scope, duration, and significance of abuse;
           (6)      the risk to public health;
           (7)      the potential of the substance to produce psychic or physiological dependence liability;
           (8)      whether the substance is an immediate precursor of a substance already controlled pursuant to this chapter; and
           (9)      whether the substance has an accepted or recognized medical use.
     (B)      After considering the factors listed in subparagraph (A), the department shall make a recommendation to the General Assembly specifying to what schedule the substance should be added, deleted, or rescheduled, if the department finds that the substance has a potential for abuse.
     (C)      Except as otherwise provided in this paragraph, during the time the General Assembly is not in session, the department may add, delete, or reschedule a substance as a controlled substance after providing notice and a hearing to all interested parties. The addition, deletion, or rescheduling of a substance pursuant to this subparagraph has the full force of law. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change.
     (D)      If a substance is added, deleted, or rescheduled as a controlled, substance pursuant to federal law or regulation, the department shall, at the first regular or special meeting of the South Carolina Board of Health and Environmental Control within thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance in the appropriate schedule. The addition, deletion, or rescheduling of a substance by the department pursuant to this subparagraph has the full force of law. The addition, deletion, or rescheduling of a substance by the department pursuant to this subparagraph must be in substance identical with the order published in the federal register effecting the change in federal status of the substance. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change.
     (E)      The department shall exclude any nonnarcotic substance from a schedule if the substance may, under the federal Food, Drug, and Cosmetic Act and the laws of this State, be lawfully sold over the counter without a prescription.
     (F)      The department's addition, deletion, or rescheduling of a substance as a controlled substance is governed by this paragraph during Fiscal Year 2012-2013 and is not subject to the promulgation requirements of Title 1, Chapter 23.            /

Renumber sections to conform.
Amend totals and titles to conform.