Current Status Introducing Body:
SenateBill Number: 1311Ratification Number: 336Act Number: 303Primary Sponsor: GieseType of Legislation: GBSubject: Prescriptions, nurse practitionerCompanion Bill Number: 4444Date Bill Passed both Bodies: Mar 26, 1992Computer Document Number: BR1/2135.ACGovernor's Action: SDate of Governor's Action: Apr 08, 1992Introduced Date: Feb 19, 1992Last History Body: ------Last History Date: Apr 08, 1992Last History Type: Act No. 303Scope of Legislation: StatewideAll Sponsors: Giese Rose Drummond Mullinax Hinson Nell W. Smith Fielding McConnell Peeler Courtney McGill Passailaigue Lourie Land Leatherman Saleeby Reese Moore Shealy Gilbert Wilson Robert W. Hayes Jr. Courson Martschink Patterson Russell Bryan Helmly HindsType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1311 ------ Apr 08, 1992 Act No. 303 1311 ------ Apr 08, 1992 Signed by Governor 1311 ------ Apr 02, 1992 Ratified R 336 1311 House Mar 26, 1992 Read third time, enrolled for ratification 1311 House Mar 25, 1992 Read second time 1311 House Mar 24, 1992 Debate interrupted by adjournment 1311 House Mar 18, 1992 Committee Report: Favorable 27 1311 House Feb 25, 1992 Introduced, read first time, 27 referred to Committee 1311 Senate Feb 21, 1992 Read third time, sent to House 1311 Senate Feb 20, 1992 Read second time, unanimous consent for third reading on Friday, February 21, 1992 1311 Senate Feb 19, 1992 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A303, R336, S1311)
AN ACT TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
Be it enacted by the General Assembly of the State of South Carolina:
Nurse practitioners may prescribe drugs
SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:
"Section 40-43-150. (A) It is unlawful for a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian a drug bearing on its manufacturer's or distributor's original commercial container the legend, `CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as `dangerous drugs' within the meaning of this section.
(B) The prescription must be compounded only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian who prescribed it.
(C) This section does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, podiatrists, dentists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. This section applies to the sale by a manufacturer, wholesaler, or retailer to a person other than those legally qualified and authorized to purchase and hold them for resale in this State."
Practitioner defined to include nurse practitioner
SECTION 2. The third paragraph of Section 40-43-360 of the 1976 Code is amended to read:
"`Pharmacy' means an outlet dispensing drugs on the order of a practitioner licensed to prescribe drugs. `Practitioner' means a physician, dentist, osteopath, podiatrist, nurse practitioner, or veterinarian licensed by any state or territory (other than pharmacists engaged in the practice of pharmacy) to prescribe with regard to drugs or devices in the course of professional practice or research. Nothing in this section supersedes the Nursing Dispensing Act."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of April, 1992.