South Carolina General Assembly
108th Session, 1989-1990

Bill 4425

                    Current Status

Bill Number:               4425
Ratification Number:       453
Act Number                 398
Introducing Body:          House
Subject:                   Labeling of a prescription or
                           nonprescription drug sample
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A398, R453, H4425)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-23-55, SO AS TO DEFINE SAMPLE AS A UNIT OF A DRUG NOT INTENDED BY THE MANUFACTURER TO BE SOLD AND WHICH IS INTENDED TO PROMOTE THE SALE OF THE DRUG, PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM REQUIRING THE LABELING OF A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN DOES NOT REQUIRE A FEDERAL OR STATE CONTROLLED SUBSTANCE LICENSE TO DISPENSE, WHEN HE DISPENSES IT TO A PATIENT FOR NO CHARGE, TO REQUIRE THE PHYSICIAN TO LABEL THE SAMPLE IF IT IS NOT IN THE MANUFACTURER'S ORIGINAL PACKAGE, REQUIRE HIM TO GIVE ADEQUATE DIRECTIONS FOR USAGE IF DIRECTIONS ARE NOT PROVIDED ON THE MANUFACTURER'S PACKAGE, AND TO PROVIDE THAT THE LABELING EXEMPTION PROVIDED BY THIS SECTION DOES NOT APPLY WHEN MORE THAN ONE HUNDRED TWENTY DOSAGE UNITS OR A THIRTY-DAY SUPPLY OF A DRUG IN SOLID FORM OR EIGHT OUNCES IN LIQUID FORM IS DISPENSED.

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

Labeling of a prescription or nonprescription drug sample

SECTION 1. The 1976 Code is amended by adding:

"Section 39-23-55. (A) For purposes of this section, 'sample' means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug.

(B) The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication. If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions.

(C) The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 3rd day of April, 1990.