Current Status Introducing Body:Senate Bill Number:49 Primary Sponsor:Rose Committee Number:13 Type of Legislation:GB Subject:Triplicate prescriptions Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:49 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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49 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
49 Senate Sep 10, 1990 Prefiled, referred to 13
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-156 SO AS TO REQUIRE PRESCRIPTIONS FOR CONTROLLED SUBSTANCES TO BE PREPARED IN TRIPLICATE, TO PRESCRIBE CERTAIN PROCEDURES WHICH THE PRESCRIBER AND THE PHARMACIST MUST FOLLOW IN REGARD TO THESE PRESCRIPTIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-43-156. (A)
No person shall prescribe a controlled substance nor may any person fill, compound, or dispense a prescription for a controlled substance unless it complies with the requirements of this section.
(B) Each prescription for a controlled substance which is required by law to be dispensed by prescription must be wholly written in ink or indelible pencil in the handwriting of the prescriber upon an official prescription form prescribed by the Department of Health and Environmental Control. Each prescription must be prepared in triplicate, signed, and dated by the prescriber, and must contain the name and address of the person for whom the controlled substance is prescribed; the name, quantity, and strength of the controlled substance prescribed; directions for use; and the address, category of
professional licensure, and federal controlled substance registration number of the prescriber. The original and a duplicate of the prescription must be delivered to the pharmacist filling the prescription. The duplicate must be retained by the pharmacist and the original, properly endorsed by the pharmacist, with the name and address of the pharmacy, the pharmacy's state license number, the date the prescription was filled and the signature of the pharmacist, must be transmitted to the department at the end of the month in which the prescription was filled. The prescriber shall retain the third copy. Upon receipt of an incompletely prepared official prescription form, the pharmacist may enter on the face of the prescription the address of the patient.
(C) Any prescription of a controlled substance by telephone by a prescriber to a pharmacist must be described in writing within seventy-two hours of the prescription and processed in the manner prescribed by subsection (B).
(D) A physician, dentist, podiatrist, or veterinarian dispensing controlled substances for which prescriptions are required directly to a patient for a fee, as authorized by Section 40-43-430, must comply with the provisions of subsection (B), except that he must transmit the second copy to the department and may give the patient the third copy. The provisions of this subsection do not apply to free samples of controlled substances given without consideration to a patient by these prescribers.
(E) Prescription records of prescribers and pharmacists must be kept for a period of two years. During this two-year period, the department and appropriate law enforcement officials may inspect these records during normal business hours. Also, the prescription records maintained by the department are available for inspection by appropriate law enforcement officials during normal business hours.
(F) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or by imprisonment for a term not exceeding thirty days. The penalty provisions of this subsection are in addition to any other penalties authorized by law for the violation which occurred.
(G) The department shall promulgate those regulations appropriate to implement the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.