South Carolina Legislature


 

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H*3751
Session 111 (1995-1996)


H*3751(Rat #0231, Act #0229 of 1996)  General Bill, By Sandifer, Allison, 
Askins, Boan, G. Brown, B.D. Cain, Cato, J.L.M. Cromer, Davenport, Easterday, 
Fair, Fleming, H.M. Hallman, B.H. Harwell, Haskins, R.J. Herdklotz, T.E. Huff, 
M.F. Jaskwhich, W.D. Keyserling, M.H. Kinon, Lanford, Limehouse, Littlejohn, 
C.V. Marchbanks, L.M. Martin, Mason, Meacham, Rice, Robinson, Seithel, Sharpe, 
Sheheen, Simrill, D. Smith, R. Smith, Tripp, Trotter, J.W. Tucker, Vaughn, 
C.C. Wells, Whatley, Whipper, Witherspoon and W.J. Young
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 40-43-165 so as to authorize the one-time transfer of original prescription
 information between pharmacies in this State for the purpose of dispensing one
 refill only under certain conditions.-amended title

   03/06/95  House  Introduced and read first time HJ-5
   03/06/95  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-5
   05/11/95  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-5
   05/16/95  House  Amended HJ-22
   05/16/95  House  Read second time HJ-24
   05/17/95  House  Read third time and sent to Senate HJ-13
   05/18/95  Senate Introduced and read first time SJ-40
   05/18/95  Senate Referred to Committee on Medical Affairs SJ-40
   01/24/96  Senate Committee report: Favorable Medical Affairs SJ-12
   01/25/96  Senate Read second time SJ-22
   01/25/96  Senate Ordered to third reading with notice of
                     amendments SJ-22
   01/30/96  Senate Read third time and enrolled SJ-19
   02/06/96         Ratified R 231
   02/12/96         Signed By Governor
   02/12/96         Effective date ninety days after approval (5/12/96)
   03/06/96         Copies available
   03/06/96         Act No. 229



(A229, R231, H3751)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE ONE-TIME TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE FOR THE PURPOSE OF DISPENSING ONE REFILL ONLY UNDER CERTAIN CONDITIONS.

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

Transfer of prescriptions

SECTION 1. The 1976 Code is amended by adding:

"Section 40-43-165. (A) The one-time transfer of original prescription information for the purpose of dispensing one refill only is permissible between pharmacies in this State subject to the following requirements:

(1) the transfer is communicated directly between two pharmacists only at the request of the patient or the patient's representatives;

(2) the transferring pharmacist reduces any remaining refills by one and so marks the face of the prescription retained by him;

(3) the transferring pharmacist records 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;

(4) the transferring pharmacist records the date of the transfer and the name of the pharmacist transferring the information;

(5) the transferring pharmacist records on the prescription transferred that the receiving pharmacist is authorized to dispense one refill based on the original prescription, if such is the case;

(6) the prescription is not for a controlled substance.

(B) The pharmacist receiving the transferred prescription information shall record in writing the following:

(1) The word `transfer' on the face of the transferred prescription.

(2) Any information required to be on a prescription, including:

(a) date of issuance of the original prescription;

(b) date and time of transfer;

(c) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;

(d) name of transferring pharmacist;

(e) manufacturer or brand of drug dispensed.

(C) The transferred prescription, as well as the original, must be maintained for the periods required by law.

(D) The pharmacist receiving the transferred prescription may dispense only one refill. The transferring pharmacist shall retain the original prescription and may continue to dispense refills up to the amount and for the period authorized less one refill allocated to the receiving pharmacist.

(E) The requirements of (A) and (B) of this section may be facilitated by use of a computer, data, or facsimile system.

(F) All records pertinent to this section shall be readily retrievable.

(G) The State Board of Pharmacy through the Department of Labor, Licensing and Regulation shall promulgate regulations necessary to implement the provisions of this section."

Time effective

SECTION 2. This act takes effect ninety days after approval by the Governor.

Approved the 12th day of February, 1996.




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