H*3817(Rat #0112, Act #0076 of 2017)  General Bill, By Bedingfield, Fry, 
Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, 
Tallon, Hamilton, Elliott, Jordan, B. Newton, Martin, G.M. Smith, Yow, 
D.C. Moss, Wheeler, Erickson, V.S. Moss, Long, G.R. Smith, Magnuson, Bradley, 
Weeks, Taylor, Putnam, Cogswell, Collins, King and Henegan
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-53-362 SO AS TO ALLOW PHARMACIES AND OTHER ENTITIES TO REGISTER AS A
 COLLECTOR TO RECEIVE CONTROLLED SUBSTANCES AS PART OF LAW ENFORCEMENT
 CONTROLLED SUBSTANCE TAKE-BACK EVENTS AND OPERATE CONTROLLED SUBSTANCE
 MAIL-BACK PROGRAMS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
 CONTROL TO FACILITATE AND ENCOURAGE REGISTRATION AND PARTICIPATION. - ratified
 title

   02/22/17  House  Introduced and read first time (House Journal-page 38)
   02/22/17  House  Referred to Committee on Judiciary
                     (House Journal-page 38)
   02/28/17  House  Member(s) request name added as sponsor:
                     Arrington, Allison, Tallon, Hamilton, Elliott
   03/07/17  House  Member(s) request name added as sponsor: Jordan,
                     B.Newton, Martin, G.M.Smith, Yow, D.C.Moss,
                     Wheeler, Erickson, V.S.Moss, Long, G.R.Smith,
                     Magnuson, Bradley, Weeks, Taylor
   03/08/17  House  Member(s) request name added as sponsor: Putnam,
                     Cogswell, Collins
   03/22/17  House  Member(s) request name added as sponsor: King
   03/29/17  House  Committee report: Favorable Judiciary
                     (House Journal-page 42)
   03/30/17  House  Member(s) request name added as sponsor: Henegan
   03/30/17  House  Read second time (House Journal-page 42)
   03/30/17  House  Roll call Yeas-103  Nays-0 (House Journal-page 43)
   03/30/17  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 44)
   03/31/17  House  Read third time and sent to Senate
                     (House Journal-page 4)
   04/04/17  Senate Introduced and read first time (Senate Journal-page 9)
   04/04/17  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 9)
   04/25/17  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 17)
   05/02/17  Senate Committee Amendment Adopted (Senate Journal-page 40)
   05/03/17         Scrivener's error corrected
   05/04/17  Senate Read second time (Senate Journal-page 20)
   05/04/17  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 20)
   05/08/17  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 16)
   05/10/17  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 28)
   05/10/17  House  Roll call Yeas-104  Nays-0 (House Journal-page 29)
   05/15/17         Ratified R 112
   05/19/17         Signed By Governor
   05/25/17         Effective date 5/19/17
   05/31/17         Act No. 76

H. 3817

(A76, R112, H3817)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-362 SO AS TO ALLOW PHARMACIES AND OTHER ENTITIES TO REGISTER AS A COLLECTOR TO RECEIVE CONTROLLED SUBSTANCES AS PART OF LAW ENFORCEMENT CONTROLLED SUBSTANCE TAKE-BACK EVENTS AND OPERATE CONTROLLED SUBSTANCE MAIL-BACK PROGRAMS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FACILITATE AND ENCOURAGE REGISTRATION AND PARTICIPATION.

Whereas, unused medicines in the home are a problem contributing to substance abuse and overdose. According to a 2016 National Survey on Drug Use and Health, the majority of the nearly six and one-half million Americans who abused controlled prescription drugs in 2015, including the almost four million who abused prescription painkillers, obtained those drugs from friends and family, including from a home medicine cabinet; and

Whereas, four out of five new heroin users began with painkillers. Almost thirty thousand people, seventy-eight people a day, died from overdosing on these controlled substances or heroin in 2014, according to the Centers for Disease Control and Prevention; and

Whereas, take-back events and mail-back programs offer a safe, simple, and anonymous way to keep dangerous prescription drugs out of the wrong hands and prevent substance abuse; and

Whereas, in 2014, federal regulations were promulgated that make the disposal of controlled prescription drugs easier for patients and their caregivers, and pave the way for pharmacies, hospitals, and clinics to partner with law enforcement to increase the collection of these medications as part of take-back events and mail-back programs. Now, therefore,

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

Controlled substance take-back events and mail-back programs, collectors

SECTION    1.    Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-362.    (A)    A controlled substance manufacturer, distributer, or reverse distributer; a narcotic treatment program; a hospital or clinic with an onsite pharmacy; or a retail pharmacy operating in the State may apply to be registered as a collector by the federal Drug Enforcement Administration, pursuant to 21 C.F.R. 1317.40, to receive Schedule II, III, IV, and V controlled substances from an ultimate user, or a person entitled to dispose of an ultimate user decedent's property, as part of law enforcement take-back events or collector mail-back programs. A collector must comply with any state and federal requirements to ensure the safe disposal of controlled substances and to prevent diversion of collected controlled substances, including as provided in 21 C.F.R. Part 1317.

(B)    The Department of Health and Environmental Control shall develop guidance for pharmacies and other entities qualified to register as a collector to encourage participation. The department shall coordinate with law enforcement, health care providers, and the U.S. Drug Enforcement Administration to encourage registration as a collector and to promote public awareness of controlled substance take-back events and mail-back programs."

Time effective

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

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.