South Carolina General Assembly
122nd Session, 2017-2018

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Bill 243


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 40-43-86(P), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO EMERGENCY REFILLS OF PRESCRIPTIONS BY PHARMACISTS, SO AS TO INCREASE THE AMOUNT OF A PRESCRIPTION THAT MAY BE REFILLED WHEN AUTHORIZATION FROM THE PRESCRIBER IS NOT OBTAINABLE FROM A SEVENTY-TWO HOUR SUPPLY TO A THIRTY DAY SUPPLY, PROVIDED CERTAIN CONDITIONS ARE MET.

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

SECTION    1.    Section 40-43-86(P) of the 1976 Code is amended to read:

"(P)    If a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense, a one-time emergency refill once within a twelve month period, of up to a seventy-two hour an emergency refill of up to a thirty day supply of the prescribed medication if:

(1)    the prescription is not for a controlled substance;

(2)    the medication is essential to the maintenance of life or to the continuation of therapy;

(3)    in the pharmacist's professional judgment, continuing the therapy for seventy-two hours up to thirty days will produce no undesirable health consequences or cause physical or mental discomfort;

(4)    the pharmacist properly records the dispensing; and

(5)    the dispensing pharmacist notifies the prescriber of the emergency dispensing refill and the amount of the refill, not to exceed a thirty day supply, within seventy-two hours a reasonable time, but no later than thirty days after the one-time emergency once in twelve months refill dispensing."

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

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