S*0170(Rat #0143, Act #0079)  General Bill, By Giese and M.T. Rose
 A Bill to amend Section 40-43-150, as amended, Code of Laws of South Carolina,
 1976, relating to the sale of prescription drugs, so as to also require a
 prescription for the sale of certain devices used in diagnosis and treatment
 and to provide requirements for an emergency refill of a prescription drug.

   01/12/93  Senate Introduced and read first time SJ-71
   01/12/93  Senate Referred to Committee on Medical Affairs SJ-71
   03/16/93  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-14
   03/17/93  Senate Read second time SJ-17
   03/17/93  Senate Ordered to third reading with notice of
                     amendments SJ-17
   03/31/93  Senate  Committee amendment tabled SJ-11
   03/31/93  Senate Read third time and sent to House SJ-12
   04/01/93  House  Introduced and read first time HJ-23
   04/01/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-24
   04/07/93  House  Recalled from Committee on Labor, Commerce and
                     Industry HJ-26
   04/07/93  House  Committed to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-26
   05/05/93  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-4
   05/19/93  House  Read second time HJ-33
   05/20/93  House  Read third time and enrolled HJ-9
   06/10/93         Ratified R 143
   06/11/93         Signed By Governor
   06/11/93         Effective date 06/11/93
   06/24/93         Copies available

AN ACT TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.

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

Drugs sold on prescription; emergency refills

SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 303 of 1992, is further amended to read:

"Section 40-43-150. (A) Except as provided by Chapters 37 and 38 of Title 40, it is unlawful for a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian a drug or device, other than contact lenses, as defined in Section 39-23-20 bearing on its manufacturer's or distributor's original commercial container the legend, `CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as `dangerous drugs' within the meaning of this section.

(B) The prescription must be compounded or prepared only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian who prescribed it, except that 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 of up to a seventy-two hour 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, the interruption of therapy reasonably may produce undesirable health consequences or may cause physical or mental discomfort;

(4) the pharmacist properly records the dispensing; and

(5) the dispensing pharmacist notifies the prescriber of the emergency dispensing within seventy-two hours after the one-time emergency refill dispensing.

No prescription marked `PRN' or for another nonspecific number of refills may be refilled more than two years beyond the date it was written originally. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription.

(C) This section does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, podiatrists, dentists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. This section applies to the sale by a manufacturer, wholesaler, or retailer to a person other than those legally qualified and authorized to purchase and hold them for resale in this State."

Time effective

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

Approved the 11th day of June, 1993.