S*0748(Rat #0513, Act #0439 of 1980)  General Bill, By J.V. Smith, 
A.S. Goodstein and T. Turnipseed
 A Bill to amend Article 5, Chapter 53, Title 44, Code of Laws of South
 Carolina, 1976, relating to methadone, so as to abolish the Council of the
 Control of Methadone Programs for Narcotic Addicts; to devolve the functions
 of the Council on the Department of Health and Environmental Control; to
 restrict the use of methadone to certain programs of the State Department of
 Mental Health, the South Carolina Commission on Alcohol and Drug Abuse or
 certain hospitals; to prohibit the sale or distribution of methadone or its
 salts except to certain licensed facilities and to provide for the
 promulgation of regulations on the use of methadone by the Department of
 Health and Environmental Control.

   01/10/80  Senate Introduced and read first time SJ-11
   01/10/80  Senate Referred to Committee on Medical Affairs SJ-11
   01/29/80  Senate Committee report: Favorable Medical Affairs SJ-15
   01/31/80  Senate Read second time SJ-16
   02/06/80  Senate Read third time and sent to House SJ-12
   02/07/80  House  Introduced and read first time HJ-724
   02/07/80  House  Referred to Committee on Judiciary HJ-724
   05/14/80  House  Recalled from Committee on Judiciary HJ-2843
   05/14/80  House  Read second time HJ-2843
   05/20/80  House  Read third time and enrolled HJ-2935
   05/21/80  Senate Ratified R 513 SJ-18
   05/24/80         Signed By Governor
   05/24/80         Effective date 05/24/80
   05/24/80         Act No. 439
   06/05/80         Copies available

AN ACT TO AMEND ARTICLE 5, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHADONE, SO AS TO ABOLISH THE COUNCIL FOR THE CONTROL OF METHADONE PROGRAMS FOR NARCOTIC ADDICTS; TO DEVOLVE THE FUNCTIONS OF THE COUNCIL ON THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO RESTRICT THE USE OF METHADONE TO CERTAIN PROGRAMS OF THE STATE DEPARTMENT OF MENTAL HEALTH, THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE OR CERTAIN HOSPITALS; TO PROHIBIT THE SALE OR DISTRIBUTION OF METHADONE OR ITS SALTS EXCEPT TO CERTAIN LICENSED FACILITIES AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS ON THE USE OF METHADONE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

Control of Methadone

Section 1. Article 5, Chapter 53, Title 44, of the 1976 Code

is amended to read:

"Article 5

Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have exclusive control over the controlled substance methadone, except for South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Commission on Alcohol and Drug Abuse or the federal government.

Section 44-53-720. Methadone and its salts are restricted:

(a) To use in treatment, maintenance or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health.

(b) To dispensing by a hospital for analgesia, pertussis and detoxification treatment as approved by the Department of Health and Environmental Control.

Section 44-53-730. No supplier, distributor or manufacturer shall sell or distribute methadone or its salts to anyone other than a facility licensed by the Department of Health and Environmental Control or the South Carolina Department of Mental Health.

Section 44-53-740. The Board of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Commission on Alcohol and Drug Abuse or the federal government.

Section 44-53-750. An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.

Section 44-53-760. Parental consent shall be obtained for all persons under eighteen years of age prior to admission to a methadone maintenance program; provided, that if any court of competent jurisdiction declares a person under eighteen years of age an emancipated minor, then such person may be admitted to the program without parental consent."

Time effective

Section 2. This act shall take effect upon approval by the Governor.