H*3826 Session 122 (2017-2018)
H*3826(Rat #0243, Act #0243 of 2018) General Bill, By Huggins, Bedingfield,
Fry, Henderson, Johnson, Hewitt, Crawford, Duckworth, Allison, Forrester,
Tallon, Hamilton, Felder, Elliott, B. Newton, Martin, Erickson, Dillard,
G.R. Smith, Robinson-Simpson, Long, Taylor, Hixon, Arrington, Bennett,
W. Newton, Putnam and Cogswell
AN ACT TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PRESCRIPTIONS, SO AS TO REQUIRE WRITTEN PRESCRIPTIONS FOR
CONTROLLED SUBSTANCES TO BE WRITTEN ON TAMPER-RESISTANT PRESCRIPTION PADS,
WITH EXCEPTIONS; AND FOR OTHER PURPOSES. - ratified title
02/22/17 House Introduced and read first time (House Journal-page 41)
02/22/17 House Referred to Committee on Education and Public
Works (House Journal-page 41)
02/28/17 House Member(s) request name added as sponsor: Allison,
Forrester, Tallon, Hamilton, Felder, Elliott
03/02/17 House Recalled from Committee on Education and Public
Works (House Journal-page 17)
03/02/17 House Recommitted to Committee on Medical, Military,
Public and Municipal Affairs (House Journal-page 17)
03/07/17 House Member(s) request name added as sponsor:
B.Newton, Martin, Erickson, Dillard, G.R.Smith,
Robinson-Simpson, Long, Taylor, Hixon,
Arrington, Bennett, W.Newton
03/08/17 House Member(s) request name added as sponsor: Putnam,
Cogswell
03/08/18 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
(House Journal-page 3)
03/20/18 House Amended (House Journal-page 16)
03/20/18 House Read second time (House Journal-page 16)
03/20/18 House Roll call Yeas-102 Nays-0 (House Journal-page 18)
03/21/18 House Read third time and sent to Senate
(House Journal-page 7)
03/21/18 Senate Introduced and read first time (Senate Journal-page 4)
03/21/18 Senate Referred to Committee on Medical Affairs
(Senate Journal-page 4)
04/19/18 Senate Committee report: Favorable with amendment
Medical Affairs (Senate Journal-page 6)
04/25/18 Senate Committee Amendment Adopted (Senate Journal-page 22)
04/25/18 Senate Read second time (Senate Journal-page 22)
04/25/18 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 22)
04/26/18 Senate Read third time and returned to House with
amendments (Senate Journal-page 19)
05/03/18 House Concurred in Senate amendment and enrolled
(House Journal-page 32)
05/03/18 House Roll call Yeas-96 Nays-0 (House Journal-page 32)
05/14/18 Ratified R 243
05/17/18 Signed By Governor
05/30/18 Effective date 07/16/18
05/31/18 Act No. 243
H. 3826
(A243, R243, H3826)
AN ACT TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS, SO AS TO REQUIRE WRITTEN PRESCRIPTIONS FOR CONTROLLED SUBSTANCES TO BE WRITTEN ON TAMPER-RESISTANT PRESCRIPTION PADS, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
Tamper-resistant prescription pads
SECTION 1. Section 44-53-360 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) A written prescription for any Schedule II, III, IV, and V controlled substance must be written on tamper-resistant prescription pads which contain one or more industry-recognized features designed to prevent all of the following:
(A) unauthorized copying of a completed or blank prescription form;
(B) erasure or modification of information written on the prescription by the prescriber; and
(C) use of counterfeit prescription forms.
(2) Prescription orders transmitted by facsimile, orally, or electronically are exempt from the tamper-resistant prescription pad requirements of this section.
(3) The tamper-resistant prescription pad requirements do not apply to refill prescriptions of an original written prescription that was presented to a pharmacy before the effective date of this act.
(4) The exceptions set forth in Section 1927(k)(3) of the Social Security Act, 42 U.S.C. Section 1396r-8(k)(3), concerning nursing facilities, hospitals, and other institutional and clinical settings, are exempt from the tamper-resistant prescription pad requirements of this section.
(5) If a written prescription is not submitted on a tamper-resistant prescription form meeting the requirements of this section, a pharmacy may fill the prescription in full as written on an emergency basis as long as the pharmacy receives a verbal, facsimile, electronic, or compliant written prescription from the prescriber within seventy-two hours after the date on which the prescription was filled."
Time effective
SECTION 2. This act takes effect sixty days after approval by the Governor.
Ratified the 14th day of May, 2018.
Approved the 17th day of May, 2018.
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