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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 27, 2005
H. 3226
S. Printed 1/27/05--H.
Read the first time January 11, 2005.
TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-43-86(G) of the 1976 Code is amended to read:
"(G)(1) The one-time transfer of original prescription information for the purpose of dispensing one refill refills is permissible between licensed or permitted pharmacies in this State subject to these requirements:
(a) The transfer must be communicated directly between two pharmacists and not by one pharmacist accessing an information file containing data for several locations, unless all locations accessed are under common ownership or accessed pursuant to contractual agreement of the pharmacies;.
(b) The transferring pharmacist shall reduce void any remaining refills by one and so mark the face of the prescription retained by the transferring pharmacist or record information electronically;.
(c) The transferring pharmacist shall record the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription or record information electronically.
(2) The transferring pharmacist shall record in writing the date of the transfer and the name of the pharmacist transferring the information or record information electronically.
(3) The transferring pharmacist shall record on the prescription transferred or record information electronically that the receiving pharmacist is authorized to dispense one refill all remaining refills based on the original prescription, if such is the case.
(4) The pharmacist receiving the transferred prescription information shall record in writing or electronically the following:
(a) the word 'transfer' on the face of the transferred prescription;
(b) any information required to be on a prescription, including:
(i) the date of issuance of the original prescription;
(ii) the date and time of transfer;
(iii) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;
(c) the name of the transferring pharmacist;
(d) the manufacturer or brand name of drug dispensed; and
(e) a statement documentation that the receiving pharmacist shall dispense only one refill refills based on the transferring pharmacist's certification under subsection (G)(3).
(5) The pharmacist receiving the transferred prescription shall dispense only one refill. The transferring pharmacist shall retain the original prescription and shall continue to dispense refills up to the amount for the period authorized less one refill allocated to the receiving pharmacist.
(6) The requirements of this section may be facilitated by use of a computer, data, or facsimile.
(7)(6) All records pertinent to this section must be readily available.
(8) A copy of a prescription issued for restricted drugs must be given and marked for information only. The copy may not be dispensed as a prescription. A physician must be contacted for authorization of the dispensing. This authorization must be handled in the same manner as an oral or telephone prescription, reduced to writing, and placed on the prescription file.
(9)(7) Both the original and transferred prescription drug order must be maintained for a period of two years from the date of last refill.
(10)(8) The transfer must be in compliance with current state and federal laws on controlled substances.
(11)(9) The transfer of prescription information for the purpose of dispensing authorized refills is permissible between pharmacies where all pharmacies are under common ownership and access prescription information through a common computerized data system, subject to subsection (G)(1)(c), (G)(2), (G)(5), (G)(6), (G)(7), and (G)(8), (G)(9), and (G)(10)."
SECTION 2. This act takes effect upon approval by the Governor.
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