S 876 Session 109 (1991-1992)
S 0876 General Bill, By Peeler
A Bill to amend Section 44-53-110, as amended, Code of Laws of South Carolina,
1976, relating to narcotics and controlled substances and definitions, so as
to add new definitions; to amend Section 44-53-160, relating to the manner in
which changes in the schedule of controlled substances must be made, so as to
delete provisions, add provisions, and provide that that Department of Health
and Environmental Control may consider findings of the Federal Food and Drug
Administration or the Drug Enforcement Administration as prima facie evidence
relating to one or more of the factors, as provided in the Section, in
connection with the Department's determination to add to, delete from, or
revise the schedules of substances; to amend Section 44-53-180, relating to
tests for the inclusion of a controlled substance in Schedule I, so as to
include lack of dental use as a determining factor; to amend Section
44-53-190, relating to the Schedule I controlled substances, so as to add
certain substances to the Schedule and to delete alfentanyl; to amend Section
44-53-210, relating to the Schedule II controlled substances, so as to add
alfentanil, carfentanil, and certain hallucinogenic substances; to amend
Section 44-53-230, relating to the Schedule III controlled substances, so as
to add tiletamine and zolazepam and any of their salts; to amend Section
44-53-250, relating to the Schedule IV controlled substances, so as to add
Midazolam, Quazepam, Cathine, Fencamphamin, Fenproporex, and Mefenorex; to
amend Section 44-53-270, relating to the Schedule V controlled substances, so
as to include narcotic drugs (specifically, Buprenorphine) and stimulants
(specifically, Propylhexedrine and Pyrovalerone); to amend Section 44-53-280,
relating to narcotics and controlled substances, the promulgation of
regulations, requirement of professional license, and failure to renew
registration, so as to add provisions, including the provision that
practitioners employed by or who work under the auspices of the federal
government or any of its agencies who dispense controlled substances directly
from government stocks or who issue prescriptions to be dispensed by
federally-owned or federally-operated dispensaries or pharmacies are not
required to register under Article 3, Chapter 53, Title 44, but these
practitioners may not issue prescriptions for controlled substances to be
dispensed by pharmacies or dispensaries owned or operated by nonfederal
entities; to amend Section 44-53-300, relating to the registration of an
applicant to manufacture, distribute, or dispense controlled substances
included in certain code sections, so as to delete provisions, add provisions,
provide that furnishing by the applicant of false or fraudulent material in
any application or other document or any regulation must be considered by the
Department in determining the public interest for purposes of registration,
and provide that suspension or revocation of the applicant's federal
registration or the applicant's registration in another state to manufacture,
distribute, dispense, conduct research, or conduct any other activity with
controlled substances as authorized by federal law or the law of another state
must also be considered in determining the public interest for purposes of
registration; to amend Section 44-53-310, relating to the grounds for denial,
revocation, or suspension of registration granted pursuant to Section
44-53-300 and the applicable civil fine, so as to add provisions that,
notwithstanding the provisions of Section 44-53-580, the Department shall
deposit all civil fines levied pursuant to Section 44-53-310(B) with the State
Treasurer, who must deposit them in a special fund from which the Department
must be reimbursed for administrative costs for each case disposed of pursuant
to Section 44-53-320, any hearings held pursuant to Section 44-53-160,
unrecoverable costs incurred by the Department in the enforcement of Section
44-53-310(H), or in regulation-promulgating procedures pursuant to Section
44-53-280 and that the Department may seize or place under seal any controlled
substance owned or possessed by a registrant whose registration has expired or
who has ceased to exist, practice, or do business in the manner contemplated
by the registration; to amend Section 44-53-360, relating to prescriptions
under the provisions of law on narcotics and controlled substances, so as to
delete provisions, add provisions, allow the Department, with the written
concurrence of the State Board of Medical Examiners and the State Board of
Dentistry, to permit individual practitioners to utilize a particular
controlled substance for a particular purpose for an individual or group of
individuals on an experimental basis, change the number of allowed refills for
a prescription under certain circumstances, provide that directions for use of
a prescribed controlled substance must be specific and indefinite instructions
for dosage and use must be deemed inadequate directions for use, prohibit a
practitioner to dispense directly or issue prescriptions for the treatment of
obesity with controlled substances listed in Schedules III or IV for a period
exceeding twelve weeks annually, provide that a practitioner may dispense or
deliver a controlled substance to or for an individual or animal only for bona
fide medical or dental treatment or authorized research in the ordinary course
of that practitioner's profession, prohibit an individual practitioner from
dispensing controlled substances for his own use, or that of his family, or of
any person with whom the individual practitioner has a personal or
professional relationship which is likely to vitiate the professional
objectivity required for the proper dispensing of controlled substances for
legitimate medical or dental purposes, prohibit the dispensing of Schedule V
controlled substances containing codeine or its salts without a prescription
after December 31, 1991, and provide that no pharmacy may dispense a
prescription for controlled substances to any person not personally known to
and identifiable by the dispensing pharmacist unless positive identification,
as defined in Section 44-53-110, is obtained and recorded on the prescription
document prior to the dispensing; to amend Section 44-53-380, relating to
narcotics and controlled substances, "prohibited acts B", and penalties, so as
to delete provisions, add provisions, make it unlawful for any manufacturer or
distributor, or agent for or employee of any manufacturer or distributor,
having reasonable cause to believe that a controlled substance will be used,
sold, distributed, or dispensed in violation of Article 3, Chapter 53, Title
44, to deliver the controlled substance, provide that any person other than a
corporation who violates Section 44-53-380 is guilty of a misdemeanor and,
upon conviction, must be imprisoned for not more than five years or fined not
more than ten thousand dollars for a first offense, provide that any person
other than a corporation who violates this Section by a second or subsequent
offense is guilty of a felony and, upon conviction, must be imprisoned for not
less than three years nor more than ten years and fined not less than twenty
thousand dollars nor more than fifty thousand dollars, and provide a penalty
for a corporation which violates this Section; to amend Section 16-1-10, as
amended, relating to the list of crimes classified as felonies, so as to add
to that list the specified felony offense in Section 44-53-380; to amend
Section 44-53-420, relating to attempt and conspiracy under the laws on
narcotics and controlled substances, so as to delete certain provisions and
language and provide that any person who attempts or conspires to commit any
offense made unlawful by Article 3, Chapter 53, Title 44, must, upon
conviction, be fined or imprisoned in the same manner as if the person had
committed or completed the offense planned or attempted; and to amend Section
44-53-450, relating to conditional discharge for, a first offense, so as to
provide that the Department's Bureau of Drug Control may retain a nonpublic
administrative record, not subject to public disclosure, of any investigation
which has been conducted by the Department of any person who has been
registered under Article 3, Chapter 53, Title 44, or any person who has had or
is likely to have access to controlled substances as an incidental part of his
normal employment, in order that the Department may adequately determine
whether it is in the public interest for that person to have continued or
future access to controlled substances.
04/10/91 Senate Introduced and read first time SJ-8
04/10/91 Senate Referred to Committee on Judiciary SJ-12
A BILL
TO AMEND SECTION 44-53-110, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND
CONTROLLED SUBSTANCES AND DEFINITIONS, SO AS TO
ADD NEW DEFINITIONS; TO AMEND SECTION 44-53-160,
RELATING TO THE MANNER IN WHICH CHANGES IN THE
SCHEDULE OF CONTROLLED SUBSTANCES MUST BE MADE,
SO AS TO DELETE PROVISIONS, ADD PROVISIONS, AND
PROVIDE THAT THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL MAY CONSIDER FINDINGS OF
THE FEDERAL FOOD AND DRUG ADMINISTRATION OR THE
DRUG ENFORCEMENT ADMINISTRATION AS PRIMA FACIE
EVIDENCE RELATING TO ONE OR MORE OF THE FACTORS, AS
PROVIDED IN THE SECTION, IN CONNECTION WITH THE
DEPARTMENT'S DETERMINATION TO ADD TO, DELETE FROM,
OR REVISE THE SCHEDULES OF SUBSTANCES; TO AMEND
SECTION 44-53-180, RELATING TO TESTS FOR THE INCLUSION
OF A CONTROLLED SUBSTANCE IN SCHEDULE I, SO AS TO
INCLUDE LACK OF DENTAL USE AS A DETERMINING
FACTOR; TO AMEND SECTION 44-53-190, RELATING TO THE
SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO ADD
CERTAIN SUBSTANCES TO THE SCHEDULE AND TO DELETE
ALFENTANYL; TO AMEND SECTION 44-53-210, RELATING TO
THE SCHEDULE II CONTROLLED SUBSTANCES, SO AS TO ADD
ALFENTANIL, CARFENTANIL, AND CERTAIN
HALLUCINOGENIC SUBSTANCES; TO AMEND SECTION
44-53-230, RELATING TO THE SCHEDULE III CONTROLLED
SUBSTANCES, SO AS TO ADD TILETAMINE AND ZOLAZEPAM
AND ANY OF THEIR SALTS; TO AMEND SECTION 44-53-250,
RELATING TO THE SCHEDULE IV CONTROLLED SUBSTANCES,
SO AS TO ADD MIDAZOLAM, QUAZEPAM, CATHINE,
FENCAMPHAMIN, FENPROPOREX, AND MEFENOREX; TO
AMEND SECTION 44-53-270, RELATING TO THE SCHEDULE V
CONTROLLED SUBSTANCES, SO AS TO INCLUDE NARCOTIC
DRUGS (SPECIFICALLY, BUPRENORPHINE) AND STIMULANTS
(SPECIFICALLY, PROPYLHEXEDRINE AND PYROVALERONE);
TO AMEND SECTION 44-53-280, RELATING TO NARCOTICS
AND CONTROLLED SUBSTANCES, THE PROMULGATION OF
REGULATIONS, REQUIREMENT OF PROFESSIONAL LICENSE,
AND FAILURE TO RENEW REGISTRATION, SO AS TO ADD
PROVISIONS, INCLUDING THE PROVISION THAT
PRACTITIONERS EMPLOYED BY OR WHO WORK UNDER THE
AUSPICES OF THE FEDERAL GOVERNMENT OR ANY OF ITS
AGENCIES WHO DISPENSE CONTROLLED SUBSTANCES
DIRECTLY FROM GOVERNMENT STOCKS OR WHO ISSUE
PRESCRIPTIONS TO BE DISPENSED BY FEDERALLY-OWNED
OR FEDERALLY-OPERATED DISPENSARIES OR PHARMACIES
ARE NOT REQUIRED TO REGISTER UNDER ARTICLE 3,
CHAPTER 53, TITLE 44, BUT THESE PRACTITIONERS MAY NOT
ISSUE PRESCRIPTIONS FOR CONTROLLED SUBSTANCES TO
BE DISPENSED BY PHARMACIES OR DISPENSARIES OWNED
OR OPERATED BY NONFEDERAL ENTITIES; TO AMEND
SECTION 44-53-300, RELATING TO THE REGISTRATION OF AN
APPLICANT TO MANUFACTURE, DISTRIBUTE, OR DISPENSE
CONTROLLED SUBSTANCES INCLUDED IN CERTAIN CODE
SECTIONS, SO AS TO DELETE PROVISIONS, ADD PROVISIONS,
PROVIDE THAT FURNISHING BY THE APPLICANT OF FALSE
OR FRAUDULENT MATERIAL IN ANY APPLICATION OR
OTHER DOCUMENT OR ANY REGULATION MUST BE
CONSIDERED BY THE DEPARTMENT IN DETERMINING THE
PUBLIC INTEREST FOR PURPOSES OF REGISTRATION, AND
PROVIDE THAT SUSPENSION OR REVOCATION OF THE
APPLICANT'S FEDERAL REGISTRATION OR THE APPLICANT'S
REGISTRATION IN ANOTHER STATE TO MANUFACTURE,
DISTRIBUTE, DISPENSE, CONDUCT RESEARCH, OR CONDUCT
ANY OTHER ACTIVITY WITH CONTROLLED SUBSTANCES AS
AUTHORIZED BY FEDERAL LAW OR THE LAW OF ANOTHER
STATE MUST ALSO BE CONSIDERED IN DETERMINING THE
PUBLIC INTEREST FOR PURPOSES OF REGISTRATION; TO
AMEND SECTION 44-53-310, RELATING TO THE GROUNDS FOR
DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION
GRANTED PURSUANT TO SECTION 44-53-300 AND THE
APPLICABLE CIVIL FINE, SO AS TO ADD PROVISIONS THAT,
NOTWITHSTANDING THE PROVISIONS OF SECTION 44-53-580,
THE DEPARTMENT SHALL DEPOSIT ALL CIVIL FINES LEVIED
PURSUANT TO SECTION 44-53-310(B) WITH THE STATE
TREASURER, WHO MUST DEPOSIT THEM IN A SPECIAL FUND
FROM WHICH THE DEPARTMENT MUST BE REIMBURSED FOR
ADMINISTRATIVE COSTS FOR EACH CASE DISPOSED OF
PURSUANT TO SECTION 44-53-320, ANY HEARINGS HELD
PURSUANT TO SECTION 44-53-160, UNRECOVERABLE COSTS
INCURRED BY THE DEPARTMENT IN THE ENFORCEMENT OF
SECTION 44-53-310(H), OR IN REGULATION-PROMULGATING
PROCEDURES PURSUANT TO SECTION 44-53-280 AND THAT
THE DEPARTMENT MAY SEIZE OR PLACE UNDER SEAL ANY
CONTROLLED SUBSTANCE OWNED OR POSSESSED BY A
REGISTRANT WHOSE REGISTRATION HAS EXPIRED OR WHO
HAS CEASED TO EXIST, PRACTICE, OR DO BUSINESS IN THE
MANNER CONTEMPLATED BY THE REGISTRATION; TO
AMEND SECTION 44-53-360, RELATING TO PRESCRIPTIONS
UNDER THE PROVISIONS OF LAW ON NARCOTICS AND
CONTROLLED SUBSTANCES, SO AS TO DELETE PROVISIONS,
ADD PROVISIONS, ALLOW THE DEPARTMENT, WITH THE
WRITTEN CONCURRENCE OF THE STATE BOARD OF MEDICAL
EXAMINERS AND THE STATE BOARD OF DENTISTRY, TO
PERMIT INDIVIDUAL PRACTITIONERS TO UTILIZE A
PARTICULAR CONTROLLED SUBSTANCE FOR A PARTICULAR
PURPOSE FOR AN INDIVIDUAL OR GROUP OF INDIVIDUALS
ON AN EXPERIMENTAL BASIS, CHANGE THE NUMBER OF
ALLOWED REFILLS FOR A PRESCRIPTION UNDER CERTAIN
CIRCUMSTANCES, PROVIDE THAT DIRECTIONS FOR USE OF
A PRESCRIBED CONTROLLED SUBSTANCE MUST BE SPECIFIC
AND INDEFINITE INSTRUCTIONS FOR DOSAGE AND USE
MUST BE DEEMED INADEQUATE DIRECTIONS FOR USE,
PROHIBIT A PRACTITIONER TO DISPENSE DIRECTLY OR
ISSUE PRESCRIPTIONS FOR THE TREATMENT OF OBESITY
WITH CONTROLLED SUBSTANCES LISTED IN SCHEDULES III
OR IV FOR A PERIOD EXCEEDING TWELVE WEEKS
ANNUALLY, PROVIDE THAT A PRACTITIONER MAY DISPENSE
OR DELIVER A CONTROLLED SUBSTANCE TO OR FOR AN
INDIVIDUAL OR ANIMAL ONLY FOR BONA FIDE MEDICAL OR
DENTAL TREATMENT OR AUTHORIZED RESEARCH IN THE
ORDINARY COURSE OF THAT PRACTITIONER'S PROFESSION,
PROHIBIT AN INDIVIDUAL PRACTITIONER FROM DISPENSING
CONTROLLED SUBSTANCES FOR HIS OWN USE, OR THAT OF
HIS FAMILY, OR OF ANY PERSON WITH WHOM THE
INDIVIDUAL PRACTITIONER HAS A PERSONAL OR
PROFESSIONAL RELATIONSHIP WHICH IS LIKELY TO VITIATE
THE PROFESSIONAL OBJECTIVITY REQUIRED FOR THE
PROPER DISPENSING OF CONTROLLED SUBSTANCES FOR
LEGITIMATE MEDICAL OR DENTAL PURPOSES, PROHIBIT THE
DISPENSING OF SCHEDULE V CONTROLLED SUBSTANCES
CONTAINING CODEINE OR ITS SALTS WITHOUT A
PRESCRIPTION AFTER DECEMBER 31, 1991, AND PROVIDE
THAT NO PHARMACY MAY DISPENSE A PRESCRIPTION FOR
CONTROLLED SUBSTANCES TO ANY PERSON NOT
PERSONALLY KNOWN TO AND IDENTIFIABLE BY THE
DISPENSING PHARMACIST UNLESS POSITIVE
IDENTIFICATION, AS DEFINED IN SECTION 44-53-110, IS
OBTAINED AND RECORDED ON THE PRESCRIPTION
DOCUMENT PRIOR TO THE DISPENSING; TO AMEND SECTION
44-53-380, RELATING TO NARCOTICS AND CONTROLLED
SUBSTANCES, "PROHIBITED ACTS B", AND
PENALTIES, SO AS TO DELETE PROVISIONS, ADD
PROVISIONS, MAKE IT UNLAWFUL FOR ANY
MANUFACTURER OR DISTRIBUTOR, OR AGENT FOR OR
EMPLOYEE OF ANY MANUFACTURER OR DISTRIBUTOR,
HAVING REASONABLE CAUSE TO BELIEVE THAT A
CONTROLLED SUBSTANCE WILL BE USED, SOLD,
DISTRIBUTED, OR DISPENSED IN VIOLATION OF ARTICLE 3,
CHAPTER 53, TITLE 44, TO DELIVER THE CONTROLLED
SUBSTANCE, PROVIDE THAT ANY PERSON OTHER THAN A
CORPORATI0N WHO VIOLATES SECTION 44-53-380 IS GUILTY
OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE
IMPRISONED FOR NOT MORE THAN FIVE YEARS OR FINED
NOT MORE THAN TEN THOUSAND DOLLARS FOR A FIRST
OFFENSE, PROVIDE THAT ANY PERSON OTHER THAN A
CORPORATION WHO VIOLATES THIS SECTION BY A SECOND
OR SUBSEQUENT OFFENSE IS GUILTY OF A FELONY AND,
UPON CONVICTION, MUST BE IMPRISONED FOR NOT LESS
THAN THREE YEARS NOR MORE THAN TEN YEARS AND
FINED NOT LESS THAN TWENTY THOUSAND DOLLARS NOR
MORE THAN FIFTY THOUSAND DOLLARS, AND PROVIDE A
PENALTY FOR A CORPORATION WHICH VIOLATES THIS
SECTION; TO AMEND SECTION 16-1-10, AS AMENDED,
RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES,
SO AS TO ADD TO THAT LIST THE SPECIFIED FELONY
OFFENSE IN SECTION 44-53-380; TO AMEND SECTION
44-53-420, RELATING TO ATTEMPT AND CONSPIRACY UNDER
THE LAWS ON NARCOTICS AND CONTROLLED SUBSTANCES,
SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE
AND PROVIDE THAT ANY PERSON WHO ATTEMPTS OR
CONSPIRES TO COMMIT ANY OFFENSE MADE UNLAWFUL BY
ARTICLE 3, CHAPTER 53, TITLE 44, MUST, UPON CONVICTION,
BE FINED OR IMPRISONED IN THE SAME MANNER AS IF THE
PERSON HAD COMMITTED OR COMPLETED THE OFFENSE
PLANNED OR ATTEMPTED; AND TO AMEND SECTION
44-53-450, RELATING TO CONDITIONAL DISCHARGE FOR, A
FIRST OFFENSE, SO AS TO PROVIDE THAT THE
DEPARTMENT'S BUREAU OF DRUG CONTROL MAY RETAIN A
NONPUBLIC ADMINISTRATIVE RECORD, NOT SUBJECT TO
PUBLIC DISCLOSURE, OF ANY INVESTIGATION WHICH HAS
BEEN CONDUCTED BY THE DEPARTMENT OF ANY PERSON
WHO HAS BEEN REGISTERED UNDER ARTICLE 3, CHAPTER 53,
TITLE 44, OR ANY PERSON WHO HAS HAD OR IS LIKELY TO
HAVE ACCESS TO CONTROLLED SUBSTANCES AS AN
INCIDENTAL PART OF HIS NORMAL EMPLOYMENT, IN ORDER
THAT THE DEPARTMENT MAY ADEQUATELY DETERMINE
WHETHER IT IS IN THE PUBLIC INTEREST FOR THAT PERSON
TO HAVE CONTINUED OR FUTURE ACCESS TO CONTROLLED
SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-110 of the 1976 Code, as last amended
by Act 604 of 1990, is further amended by adding in proper alphabetical
order:
"`Addict' or `drug addict' means a person who is physically
dependent on one or more controlled substances, whose long-term use
has produced tolerance, who has lost control over his intake, who would
manifest withdrawal phenomena if discontinuance of the controlled
substance occurred, and who has no legitimate medical or dental need
for the controlled substance in treatment of a disease, malady, or illness
other than gratification of addiction.
`Addiction' or `drug addiction' means a chronic disorder
characterized by the compulsive use of a controlled substance resulting
in physical, psychological, or social harm to the user and continued use
despite that harm, and where there is not legitimate medical or dental use
for the controlled substance for anything other than gratification of this
chronic disorder.
`Approved use' of a drug or controlled substance means those uses
set forth under the `indications' portion of the labeling of the drug
commonly known as the `package insert', as required by Section 352 of
Title 21 of the United States Code, and the companion federal
regulations, in order that the drug or substance not be misbranded when
sold or held for sale.
`Controlled substances analog' means a substance having a
substantially similar chemical structure to a controlled substance in
Schedule I or Schedule II, and
(a) which has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant,
or hallucinogenic effect on the central nervous system exhibited by a
controlled substance included in Schedule I or Schedule II; or
(b) which is represented by an individual as having or intended
to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to the stimulant, depressant,
or hallucinogenic effect on the nervous system exhibited by a controlled
substance included in Schedule I or Schedule II.
The term `controlled substances analog' does not include:
(a) a controlled substance;
(b) any substance for which there is an approved new drug
application on file with the federal Food and Drug Administration or its
successor agency;
(c) a substance which is possessed by a person acting in the regular
course of research and testing, if an exemption for the person is in effect
for investigational use of the drug or substance under Section 355 of
Title 21 of the United States Code, to the extent that conduct with
respect to the substance is pursuant to the exemption; or
(d) any substance not intended, recommended, intimated, or
suggested for human use or consumption before an exemption pursuant
to Section 355 of Title 21 of the United States Code takes effect with
respect to the substance.
`Detoxification' means a process of withdrawing a person from an
addictive substance, in a safe and effective manner.
`Drug abuse' means any use of drugs or controlled substances that
causes physical, psychological, economic, legal, or social harm to the
individual user or to others affected by the user's behavior.
`Drug dependence' is a generic term that relates to physical or
psychological dependence upon a controlled substance, or both a
physical and psychological dependence on the controlled substance; it
is characteristic for each pharmacological class of controlled substance
and implies impaired control over drug-taking behavior.
`Physical dependence' means a physiological state of adaptation to
a drug or controlled substance, usually characterized by the development
of tolerance to effects of the drug or controlled substance and the
emergence of a withdrawal syndrome during prolonged abstinence.
`Positive identification' means the obtaining of the true identity of a
person (1) by means of an official identification card or driver's license
issued by a governmental body, which bears the photograph and the
signature of the individual being identified; (2) by verification of the
person's identity by two other persons who possess a governmentally-issued, official identification card or driver's license, which must be
recorded by the person obtaining the identity; or (3) by certification that
the person whose identity is required has been known by the person
requiring the identity for a period of at least six months. Social Security
Identification cards are not sufficient proof of identity. Active or
expired passports are included in the term `official identification card'.
`Psychological dependence' means the emotional state of craving a
drug or a controlled substance either for its positive effect or to avoid
negative effects associated with its absence.
`Tolerance' means physiological adaptation to the effects of drugs or
controlled substances, so as to diminish effects with constant dosages or
to maintain the intensity and duration of effects through increased
dosage.
`Withdrawal syndrome', occasionally referred to only as
`withdrawal', is the onset of a predictable constellation of signs and
symptoms involving altered activity of the central nervous system after
the abrupt discontinuation, or rapid decrease in, dosage of a drug or a
controlled substance."
SECTION 2. Section 44-53-160 of the 1976 Code is amended to
read:
"Section 44-53-160. (1) Annually, within thirty days after the
convening of each regular session of the General Assembly, the
department shall recommend to the General Assembly any additions,
deletions, or revisions in the schedules of substances,
enumerated in Sections 44-53-190, 44-53-210, 44-53-230,
44-53-250, and 44-53-270, which it deems the
department considers necessary. The department shall
may not make any additions, deletions, or revisions in
such the schedules until after notice and an opportunity
for a hearing is afforded all interested parties. In making a
recommendation to the General Assembly regarding a substance, the
department shall consider the following:
(a) the actual or relative potential for abuse;
(b) the scientific evidence of its pharmacological effect, if known;
(c) State the state of current scientific knowledge
regarding the substance;
(d) the history and current pattern of abuse;
(e) the scope, duration, and significance of abuse;
(f) the risk to the public health;
(g the potential of the substance to produce psychic or physiological
dependence liability; and
(h) whether the substance is an immediate precursor of a
substance already controlled under this Division article.
(2) After considering the above factors, the Department shall
make a recommendation to the General Assembly, specifying to what
schedule the substance should be added, deleted or rescheduled, if it
finds that the substance has a potential for abuse. The
department may consider findings of the Federal Food and Drug
Administration or the Drug Enforcement Administration as prima facie
evidence relating to one or more of the factors in connection with its
determination.
(3) During the time the General Assembly is not in session, the
department may by rule regulation add, delete,
or reschedule a substance as a controlled substance after providing for
notice and hearing to all interested parties. Upon the adoption
promulgation of such rule the regulation, the
department shall forward copies to the chairmen of the Medical
Affairs Committee of the Senate, and the Military, Public and Municipal
Affairs Committee of the House of Representatives and to the Clerks of
the Senate and House and to the Chairman of the Joint Legislative
Committee on Drugs and Narcotics comply with the provisions
of Section 1-23-120.
(4) If any substance is added, deleted, or rescheduled as a
controlled substance under federal law and notice of the designation
is given to the Department, the department shall recommend that
a corresponding change in South Carolina law be made by the next
regular session of the General Assembly not less than thirty days after
publication in the Federal register of a final order designating a
substance as a controlled substance or rescheduling or deleting a
substance similarly control the substance under this article after
expiration of thirty days from publication in the Federal Register of a
final order designating the substance as a controlled substance or
rescheduling or deleting the substance, or from issuance of an order of
temporary scheduling under Section 811(h) of Title 21 of the United
State Code, unless the department objects to the change. In that
case, the department shall publish the reasons for objection and afford
all interested parties an opportunity to be heard. At the conclusion of the
hearing, the department shall announce its decision and shall notify the
General Assembly in writing of the change in federal law or regulations
and of the department's recommendation that a corresponding change in
South Carolina law be made, or not be made, as the case may be.
If the department does not object to the change of schedule, it shall
by rule regulation, at its first regular or special
meeting after the final order by the Bureau or its successor agency is
published in the Federal register, reschedule the substance into the
appropriate schedule, such rule the regulation having
force of law unless overturned by the General Assembly; in such
that case, no hearing need be given unless requested by an
interested party. This rule regulation issued by the
department shall must be in substance
substantially identical with the order published in the Federal
Register effecting the change in federal status of the substance.
(5) The Department shall exclude any nonnarcotic substance
from a schedule if such substance may, under the Federal Food, Drug,
and Cosmetic Act and the law of this State, be lawfully sold over the
counter without a prescription. The department, without regard
to the findings required by subsection (1) of the section, or Sections 44-53-180, 44-53-200, 44-53-220, 44-53-240, or 44-53-260, and without
regard to the procedures set forth by subsections (1) and (2) of this
section, may place an immediate precursor in the same schedule in
which the controlled substance of which it is an immediate precursor is
placed, or in any other schedule. If the department designates a
substance as an immediate precursor, substances which are precursors
of the immediate precursor are not subject to control solely because they
are precursors of the controlled precursor.
(6) The department, by regulation and without regard to the
requirements of subsection (1) of this section, may schedule a substance
in Schedule I regardless of whether the substance is substantially similar
to a controlled substance in Schedule I or Schedule II if the department
finds that the scheduling of the substance on an emergency basis is
necessary to avoid an imminent hazard to the public health or safety and
if the substance is not included in any other schedule, or no exemption
or approval is in effect for the substance under the provisions of Section
355 of Title 21 of the United States Code. Upon receipt of notice, the
department shall initiate scheduling of the controlled substance analog
on an emergency basis pursuant to this subsection. Notwithstanding the
provisions of Section 1-23-120, the scheduling of a substance under this
subsection expires one year after the adoption of the scheduling
regulation, unless the department finds that the imminent danger to the
public health and safety continues to exist. If the department finds the
danger to be continuing, the emergency regulation may be extended for
an additional year without further procedures. At the end of the second
year, the department or the federal authority must have formally
scheduled the substance in order for the substance to remain as a
controlled substance. With respect to the finding of an imminent hazard
to public health and safety, the department must consider whether the
substance has been scheduled on a temporary basis under federal law
and may also consider clandestine importation, manufacture, or
distribution of the substance and, if available, information concerning
the factors set forth in subsection (1) of this section. A regulation
adopted under this subsection is vacated upon the conclusion of the
formal regulation-promulgating process initiated under this
section."
SECTION 3. Section 44-53-180 of the 1976 Code is amended to
read:
"Section 44-53-180. The department shall place a substance
in Schedule I if it finds that the substance has:
(a) a high potential for abuse;
(b) no generally accepted medical or dental use
in treatment in the United States; and
(c) a lack of accepted safety for use in treatment under medical or
dental supervision."
SECTION 4. Section 44-53-190(b) of the 1976 Code is amended to
read:
"(b) Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers, unless
specifically excepted, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical designation:
1. Acetylmethadol
2. Allylprodine
3. Alphacetylmethadol
4. Alphameprodine
5. Alphamethadol
6. Benzethidine
7. Betacetylmethadol
8. Betameprodine
9. Betamethadol
10. Betaprodine
11. Clonitazene
12. Dextromoramide
13. [Deleted]
14. Diampromide
15. Diethylthiambutene
16. Dimenoxadol
17. Dimepheptanol
18. Dimethylthiambutene
19. Dioxaphetyl butyrate
20. Dipipanone
21. Ethylmethylthiambutene
22. Etonitazene
23. Etoxeridine
24. Furethidine
25. Hydroxypethidine
26. Ketobemidone
27. Levomoramide
28. Levophenacylmorphan
29. Morpheridine
30. Noracymethadol
31. Norlevorphanol
32. Normethadone
33. Norpipanone
34. Phenadoxone
35. Phenampromide
36. Phenomorphan
37. Phenoperidine
38. Piritramide
39. Proheptazine
40. Properidine
41. Racemoramide
42. Trimeperidine
43. Propiram
44. Difenoxin
45. Alfentanyl [Reserved]
46. Tilidine
47. Alphamethylfentanyl (N-[1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl-4-(N-propanilido) piperidine).
48. Beta-hydroxy-3-methylfentanyl
49. 3-Methylthiofentanyl
50. Acetyl-alpha-methylfentanyl
51. Alpha-methylthiofentanyl
52. Beta-hydroxyfentanyl
53. Para-Flurofentanyl
54. Thiofentanyl
55. 3-methylfentanyl
56. MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)
57. PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine)."
SECTION 5. Section 44-53-190(d) of the 1976 Code is amended by
adding:
"23. Ethylamine analog of Phencyclidine
24. Pyrrolidine analog of Phencyclidine
25. N,N-Dimethylamphetamine
26. MDMA (3, 4-Methylenedioxymeth-amphetamine)."
SECTION 6. Section 44-53-210(c) of the 1976 Code is amended by
adding:
"25. Alfentanil
26. Carfentanil."
SECTION 7. Section 44-53-210 of the 1976 Code is amended by
adding:
"(e) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a federal Food and Drug Administration-approved drug product (i.e., Marinol)
(2) Nabiline (Nabilone)"
SECTION 8. Section 44-53-230(c) of the 1976 Code is amended by
adding:
"12. Tiletamine and zolazepam or any salt thereof"
SECTION 9. Section 44-53-250(a) of the 1976 Code is amended to
read:
"(a) Depressants. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its
any of their salts, isomers (whether position, geometric, or
optical), and salts of such isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral Betaine
(6) Chloral Hydrate
(7) Chlordiazepoxide
(8) Clobazam
(9) Clonazepam
(10) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14) Diazepam
(15) Estazolam
(16) Ethchlorvynol
(17) Ethinamate
(18) Ethyl Loflazepate
(19) Fludiazepam
(20) Flunitrazepam
(21) Flurazepam
(22) Halazepam
(23) Haloxazolam
(24) Ketazolam
(25) Loprazolam
(26) Lorazepam
(27) Lormetazepam
(28) Mebutamate
(29) Medazepam
(30) Meprobamate
(31) Methohexital
(32) Methylphenobarbital
(33) Nimetazepam
(34) Nitrazepam
(35) Nordiazepam
(36) Oxazepam
(37) Oxazolam
(38) Paraldehyde
(39) Petrichloral
(40) Phenobarbital
(41) Pinazepam
(42) Prazepam
(43) Temazepam
(44) Tetrazepam
(45) Triazolam.
(46) Midazolam
(47) Quazepam."
SECTION 10. Section 44-53-250(b) of the 1976 Code is amended
by adding:
" (7) Cathine ((+) - norpseudoephedrine)
(8) Fencamphamin
(9) Fenproporex
(10) Mefenorex."
SECTION 11. Section 44-53-270 of the 1976 Code is amended by
adding:
"(c) Narcotic Drugs. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation containing any of the following narcotic drugs and their
salts:
(1) Buprenorphine.
(d) Stimulants. Unless specifically exempted or excluded or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system; including its
salts, isomers, and salts of isomers:
(1) Propylhexedrine
(2) Pyrovalerone."
SECTION 12. Section 44-53-280(b) of the 1976 Code is amended
to read:
"(b) No person engaged in a profession or occupation for
which a license to engage in such that activity is
required by law shall may be registered under this
article unless such the person holds a valid license of
his issued by the licensing body of this State which licenses or
otherwise regulates the profession or occupation of the person
seeking registration. Practitioners employed by or who work
under the auspices of the federal government or any of its agencies (i.e.,
Bureau of Prisons, Veterans Administration, Public Health Service,
Army, Navy, Air Force, et cetera) who dispense controlled substances
directly from government stocks or who issue prescriptions to be
dispensed by federally-owned or federally-operated dispensaries or
pharmacies are not required to register under this article, but these
practitioners may not issue prescriptions for controlled substances to be
dispensed by pharmacies or dispensaries owned or operated by
nonfederal entities. Nothing in this subsection may be construed as
preventing these practitioners from issuing, or nonfederal pharmacies
from dispensing, prescriptions issued by these practitioners for drugs
which are not controlled substances as long as these practitioners are
acting in the regular course of their federal employment or within the
authorization of the appropriate federal agency, and within the
exceptions set forth by Chapters 15 and 47 of Title 40."
SECTION 13. Section 44-53-300(a) of the 1976 Code is amended
to read:
"(a) The department shall may register an
applicant to manufacture, distribute, or dispense controlled substances
included in Sections 44-53-190, 44-53-210, 44-53-230,
44-53-250, and 44-53-270 if it determines that the issuance of
such the registration is consistent with the public
interest. In determining the public interest, the following factors
shall must be considered:
(1) maintenance of effective controls against diversion of
controlled substances into other than legitimate medical, dental,
scientific, research, or industrial channels;
(2) compliance with applicable state or federal law;
(3) promotion and technical advances in the art of manufacturing
these controlled substances and the development of new
substances;
(4) Prior conviction record Any conviction of
the applicant under laws of another country or any
federal and state laws relating to the manufacture, distribution or
dispensing of such any controlled substances;
(5) past experience in the manufacture, distribution, and
dispensing of controlled substances and the existence in the
applicant's establishment of effective controls against
diversion; of controlled substances into other than legitimate
medical, dental, scientific, research, or industrial channels;
(6) Furnishing by the applicant of false or fraudulent
material in any application or other document filed under this article or
any regulation promulgated under the authority of this article;
(7) Suspension or revoction of the applicant's federal registration
or the applicant's registration in another state to manufacture, distribute,
dispense, conduct research, or conduct any other activity with controlled
substances as authorized by federal law or the law of another state;
(6)(8) Such Any other factors as
may be relevant to and consistent with the public health and safety; and
(7) (9) licensing by a federal agency."
SECTION 14. Section 44-53-310 of the 1976 Code is amended by
adding:
"(g) Notwithstanding the provisions of Section 44-53-580,
the department shall deposit all civil fines levied pursuant to subsection
(b) of this section with the State Treasurer, who must deposit them in a
special fund from which the department must be reimbursed for
administrative costs for each case disposed of pursuant to Section 44-53-320, any hearings held pursuant to Section 44-53-160, unrecoverable
costs incurred by the department in the enforcement of subsection (h) of
this section, or in regulation-promulgating procedures pursuant to
Section 44-53-280. At any time the special fund exceeds twenty
thousand dollars, all excess funds must be disposed of in the manner set
forth by Section 44-53-580. The department shall annually furnish the
Department of Mental Health and the State Treasurer an accounting of
the civil fines collected and the administrative costs expended pursuant
to this section.
(h) The department may seize or place under seal any controlled
substance owned or possessed by a registrant whose registration has
expired or who has ceased to exist, practice, or do business in the
manner contemplated by the registration. The controlled substance must
be held for the benefit of the registrant or the registrant's successor in
interest. The department shall notify a registrant, or the registrant's
successor in interest, who has any controlled substance placed under
seal, of the procedures to be followed to secure the return of the
controlled substance and the conditions under which it will be returned.
The department may not dispose of any controlled substance seized or
placed under seal under this subsection until the expiration of one
hundred eighty days after the controlled substance was seized or placed
under seal. The costs incurred by the department in seizing, placing
under seal, maintaining custody, and disposing of any controlled
substance under this subsection may be recovered from the registrant,
any proceeds obtained from the disposition of the controlled substance,
or from both. Any balance remaining after the costs have been
recovered from the proceeds of the disposition must be delivered to the
registrant or the registrant's successor in interest."
SECTION 15. Section 44-53-360(c) of the 1976 Code is amended
to read:
"(c) No controlled substances included in any schedule may be
distributed or dispensed for other than a legitimate medical
or dental purpose. No practitioner shall may
dispense any Schedule II narcotic controlled substance for the
purpose of maintaining the addiction of a narcotic dependent person
outside of a facility or program approved by the South Carolina
Methadone Council drug dependence of any drug-dependent
person outside of a facility approved by the department and the South
Carolina Department of Mental Health. No practitioner shall
may dispense any controlled substances outside of a bona fide
physician-patient relationship. No practitioner shall may
dispense any controlled substance for any use other than the uses
approved by the Federal Food and Drug Administration set
forth in the `Indications' portion of the drug labeling required to
accompany a drug in interstate commerce by the United States Food and
Drug Administration, which prevents the drug from being misbranded
when held for sale under federal law (the labeling being commonly
known as the `package insert'), or unless an investigation
of investigational new drug application (commonly
known as an IND) for the substance has been obtained
from and approved by the federal agency and a copy thereof
filed with the department. The department, in its discretion, may,
with the written concurrence of the State Board of Medical Examiners
or the State Board of Dentistry, permit individual practitioners to utilize
a particular controlled substance for a particular purpose for an
individual or group of individuals on an experimental basis. Those
practitioners who desire to use any controlled substance for a condition
other than those set forth in the `Indications' portion of the drug labeling
shall file a detailed protocol with the department containing the same
information required in an investigational new drug application required
by the United States Food and Drug Administration. No practitioner
may use any controlled substance for an unapproved use (i.e., not in the
`Indications' portion of the labeling) without first having complied with
this subsection.
Provided, that the The labeling required under
federal law to accompany certain drug products (commonly known in
the medically related or dental professions as the `package
insert') shall be is prima facie evidence of the approved
uses for such the drug, unless otherwise specifically
provided by statute or regulation of the department or the State Board of
Medical Examiners or the State Board of Dentistry, and such
labeling shall be is admissible as evidence in any
judicial or administrative proceeding for the sole purpose of
demonstrating the approved uses for such the drug
and for any other purpose considered appropriate by the court.
In the event that there has been a change in labeling for a particular drug
product, the content of the labeling which was current with the
manufacturer of the drug product at the time of the incident from which
the judicial or administrative action arises, shall must
be deemed to contain the `approved use' of the drug product within the
meaning of this section. Nothing in this section shall
may be deemed to modify any of the provisions of Section
40-47-65."
SECTION 16. Section 44-53-360(d) of the 1976 Code is amended
to read:
"(d) Unless specifically indicated in writing on the face of
the prescription that it is to be refilled, and the number of times
specifically indicated, no prescription may be refilled. The indication of
`PRN' or `ad lib' or phrases, abbreviations, or symbols of like meaning
shall may not be construed as to exceed five
refills or six months, whichever shall first occur one refill.
Preprinted refill instructions on the face of a prescription shall
must be disregarded by the dispenser unless an affirmative
marking or other indication is made by the prescriber. Directions for
use of a prescribed controlled substance must be specific, and indefinite
instructions for dosage and use (i.e., `one as needed', `one p.r.n. pain',
etc.) must be deemed inadequate directions for use, rendering the
prescription void."
SECTION 17. Section 44-53-360 of the 1976 Code is amended by
adding:
(i) No practitioner may dispense directly or issue prescriptions for
the treatment of obesity with controlled substances listed in Schedules
III or IV for a period exceeding twelve weeks annually. Use of
controlled substances in Schedules III and IV as anorectic agents must
be as a short-term adjunct in a regimen of weight reduction based on
caloric restriction, including specific instruction in dietary management
conducted by the practitioner or under his immediate supervision. In
instances of treatment of gross obesity where an individual patient has
demonstrated the ability to maintain a continual weight loss over the
twelve week period through the prescribing of controlled substances in
Schedule III or Schedule IV, the State Board of Medical Examiners may,
in its discretion, issue the prescribing practitioner an exception to this
subsection and shall notify the department of the exception. No person
may obtain prescriptions for controlled substances in Schedules III or IV
for purposes of treating obesity from more than one practitioner within
a twelve-month period, unless the person notifies the successive
practitioners of previous medical treatment for obesity.
(j) A practitioner may dispense or deliver a controlled substance to
or for an individual or animal only for bona fide medical or dental
treatment or authorized research in the ordinary course of that
practitioner's profession.
(k) An individual practitioner may not dispense controlled
substances for his own use, or that of his family, or of any person with
whom the individual practitioner has a personal or professional
relationship which is likely to vitiate the professional objectivity
required for the proper dispensing of controlled substances for legitimate
medical or dental purposes. In the event of a bona fide emergency
situation which is of a life-threatening nature, or one which requires the
immediate use of a controlled substance to prevent a life-threatening
situation from arising, the individual practitioner may administer
quantities of controlled substances to these persons or to himself only for
such a period of time that it would reasonably take to obtain the
professional services of another practitioner having unvitiated
objectivity. Practitioners utilizing controlled substances on themselves
or upon family members in these emergency situations shall report the
fact in writing to the department within forty-eight hours after the
emergency. Failure to report the emergency to the department
constitutes prima facie evidence of unlawful dispensing of controlled
substances.
(l) Schedule V controlled substances containing codeine or its salts
may not be dispensed without a prescription after December 31, 1991.
(m) No pharmacy may dispense a prescription for controlled
substances to any person not personally known to and identifiable by the
dispensing pharmacist unless positive identification, as defined in
Section 44-53-110, is obtained and recorded on the prescription
document prior to the dispensing."
SECTION 18. Section 44-53-380 of the 1976 Code is amended to
read:
"Section 44-53-380. (a) It shall be is unlawful
for any person:
(1) who is subject to the requirements of Sections 44-53-280 to
44-53-360 to distribute or dispense a controlled substance in violation
of Section 44-53-360;
(2) who is a registrant, to manufacture, a
controlled substance not authorized by that person's registration, or
to distribute, or dispense a controlled substance not
authorized by his that person's registration to another
registrant or other authorized person;
(3) to omit, remove, alter, or obliterate a symbol required by the
federal Controlled Substances Act or this article;
(4) to refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information required
under this article;
(5) to refuse any entry into any premises or inspection authorized
by this article;
(6) knowingly to keep, manage, control, or maintain any
store, shop, warehouse, dwelling house, building, vehicle, boat,
vessel, aircraft, room, enclosure, or any place
whatever, either as owner, lessee, agent, employee, or mortgagee,
with or without compensation, which is resorted to by persons
using controlled substances in violation of this article for the
purpose of using such substances, or which is used for the
possessing, keeping, transporting, distributing, or
selling dispensing of the same in violation of this
article; or
(7) who is subject to the requirements of this article to fail to
register as provided in Section 44-53-280 to manufacture, distribute, or
dispense controlled substances prior to his engaging in such
the manufacturing, distribution, or dispensing.;
or
(8) for any manufacturer or distributor, or agent for or
employee of any manufacturer or distributor, having reasonable cause
to believe that a controlled substance will be used, sold, distributed, or
dispensed in violation of this article, to deliver the controlled
substance.
(b) Any person other than a corporation who violates this
section is guilty of a misdemeanor and, upon conviction, must be
imprisoned for not more than five years or punishable by a civil
fine of fined not more than one ten
thousand dollars; provided, that, if the violation is prosecuted by an
information or indictment which alleges that the violation was
committed knowingly or intentionally, and the trier of fact specifically
finds that the violation was committed knowingly or intentionally, such
person shall be deemed guilty of a felony and, upon conviction, shall be
imprisoned for not more than five years, or fined not more than ten
thousand dollars, except that if such person is a corporation it shall be
subject to a civil penalty of not more than one hundred thousand dollars.
Imposition of a civil penalty pursuant to this item shall not give rise to
any disability or legal disadvantage based on conviction for a criminal
offense. for a first offense. Any person other than a corporation
who violates this section by a second or subsequent offense is guilty of
a felony and, upon conviction, must be imprisoned for not less than three
years nor more than ten years and fined not less than twenty thousand
dollars nor more than fifty thousand dollars. Any corporation which
violates the provisions of this section must, upon conviction: for a first
offense, be fined not less than ten thousand dollars and not more than
one hundred thousand dollars; and for a second offense, be fined not less
than one hundred thousand dollars and not more than one million dollars
and lose all eligibility for further controlled substances
registration."
SECTION 19. The felony crime provided by Section 44-53-380 of
the 1976 Code, as contained in Section 18 of this act, is added to the list
of crimes classified as felonies pursuant to Section 16-1-10 of the 1976
Code.
SECTION 20. Section 44-53-420 of the 1976 Code is amended to
read:
"Section 44-53-420. Any person who attempts or conspires to
commit any offense made unlawful by the provisions of this article
shall must, upon conviction, be fined or imprisoned in
the same manner as for if the person had committed or
completed the offense planned or attempted; but such fine or
imprisonment shall not exceed one half of the punishment prescribed for
the offense, the commission of which was the object of the attempt or
conspiracy."
SECTION 21. Section 44-53-450 of the 1976 Code is amended by
adding:
(c) Notwithstanding the provisions of subsections (a) and (b) of this
section and of Section 17-22-150, the Bureau of Drug Control of the
department may retain a nonpublic administrative record, not subject to
public disclosure under the provisions of Section 30-4-30, of any
investigation which has been conducted by the department of any person
who has been registered under the provisions of this article, or any
person who has had or is likely to have access to controlled substances
as an incidental part of his normal employment, in order that the
department may adequately determine whether it is in the public interest
for that person to have continued or future access to controlled
substances. The department may not divulge information retained under
the provisions of this subsection to any person other than the person who
is the subject of the record. In the event that the department finds that
it is not in the public interest to grant controlled substances registration
or access to controlled substances to persons whose records are retained
under this subsection, the department shall cite this section in any
official record and use an anonymous identification of the person
involved in any official records. Professional licensing boards issuing
licenses to any persons whose records are maintained by the department
pursuant to this subsection may apply to the Court of Common Pleas for
Richland County for access to the information contained in the
department's file. Upon a proper showing, the court, in its discretion
after offering the subject of the file an opportunity to be heard in the
matter, may order the department to release the information contained
in the file to the professional licensing board, which must maintain the
information in a private manner, not subject to public disclosure."
SECTION 22. This act takes effect upon approval by the
Governor.
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