South Carolina Legislature


 

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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  HouseNext  Introduced and read first time (PreviousHouseNext Journal-page 41)
   02/22/17  PreviousHouseNext  Referred to Committee on Education and Public
                     Works (PreviousHouseNext Journal-page 41)
   02/28/17  PreviousHouseNext  Member(s) request name added as sponsor: Allison,
                     Forrester, Tallon, Hamilton, Felder, Elliott
   03/02/17  PreviousHouseNext  Recalled from Committee on Education and Public
                     Works (PreviousHouseNext Journal-page 17)
   03/02/17  PreviousHouseNext  Recommitted to Committee on Medical, Military,
                     Public and Municipal Affairs (PreviousHouseNext Journal-page 17)
   03/07/17  PreviousHouseNext  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  PreviousHouseNext  Member(s) request name added as sponsor: Putnam,
                     Cogswell
   03/08/18  PreviousHouseNext  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (PreviousHouseNext Journal-page 3)
   03/20/18  PreviousHouseNext  Amended (PreviousHouseNext Journal-page 16)
   03/20/18  PreviousHouseNext  Read second time (PreviousHouseNext Journal-page 16)
   03/20/18  PreviousHouseNext  Roll call Yeas-102  Nays-0 (PreviousHouseNext Journal-page 18)
   03/21/18  PreviousHouseNext  Read third time and sent to Senate
                     (PreviousHouseNext 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 PreviousHouseNext with
                     amendments (Senate Journal-page 19)
   05/03/18  PreviousHouseNext  Concurred in Senate amendment and enrolled
                     (PreviousHouseNext Journal-page 32)
   05/03/18  PreviousHouseNext  Roll call Yeas-96  Nays-0 (PreviousHouse 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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