Current Status Introducing Body:
SenateBill Number: 876Primary Sponsor: PeelerCommittee Number: 11Type of Legislation: GBSubject: Narcotics and controlled substancesResiding Body: SenateComputer Document Number: BBM/9323.JMIntroduced Date: Apr 10, 1991Last History Body: SenateLast History Date: Apr 10, 1991Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: PeelerType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 876 Senate Apr 10, 1991 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 44-53-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES AND DEFINITIONS, SO AS TO ADD NEW DEFINITIONS; TO AMEND SECTION 44-53-160, RELATING TO THE MANNER IN WHICH CHANGES IN THE SCHEDULE OF CONTROLLED SUBSTANCES MUST BE MADE, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, AND PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY CONSIDER FINDINGS OF THE FEDERAL FOOD AND DRUG ADMINISTRATION OR THE DRUG ENFORCEMENT ADMINISTRATION AS PRIMA FACIE EVIDENCE RELATING TO ONE OR MORE OF THE FACTORS, AS PROVIDED IN THE SECTION, IN CONNECTION WITH THE DEPARTMENT'S DETERMINATION TO ADD TO, DELETE FROM, OR REVISE THE SCHEDULES OF SUBSTANCES; TO AMEND SECTION 44-53-180, RELATING TO TESTS FOR THE INCLUSION OF A CONTROLLED SUBSTANCE IN SCHEDULE I, SO AS TO INCLUDE LACK OF DENTAL USE AS A DETERMINING FACTOR; TO AMEND SECTION 44-53-190, RELATING TO THE SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO ADD CERTAIN SUBSTANCES TO THE SCHEDULE AND TO DELETE ALFENTANYL; TO AMEND SECTION 44-53-210, RELATING TO THE SCHEDULE II CONTROLLED SUBSTANCES, SO AS TO ADD ALFENTANIL, CARFENTANIL, AND CERTAIN HALLUCINOGENIC SUBSTANCES; TO AMEND SECTION 44-53-230, RELATING TO THE SCHEDULE III CONTROLLED SUBSTANCES, SO AS TO ADD TILETAMINE AND ZOLAZEPAM AND ANY OF THEIR SALTS; TO AMEND SECTION 44-53-250, RELATING TO THE SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO ADD MIDAZOLAM, QUAZEPAM, CATHINE, FENCAMPHAMIN, FENPROPOREX, AND MEFENOREX; TO AMEND SECTION 44-53-270, RELATING TO THE SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE NARCOTIC DRUGS (SPECIFICALLY, BUPRENORPHINE) AND STIMULANTS (SPECIFICALLY, PROPYLHEXEDRINE AND PYROVALERONE); TO AMEND SECTION 44-53-280, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, THE PROMULGATION OF REGULATIONS, REQUIREMENT OF PROFESSIONAL LICENSE, AND FAILURE TO RENEW REGISTRATION, SO AS TO ADD PROVISIONS, INCLUDING THE PROVISION THAT PRACTITIONERS EMPLOYED BY OR WHO WORK UNDER THE AUSPICES OF THE FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES WHO DISPENSE CONTROLLED SUBSTANCES DIRECTLY FROM GOVERNMENT STOCKS OR WHO ISSUE PRESCRIPTIONS TO BE DISPENSED BY FEDERALLY-OWNED OR FEDERALLY-OPERATED DISPENSARIES OR PHARMACIES ARE NOT REQUIRED TO REGISTER UNDER ARTICLE 3, CHAPTER 53, TITLE 44, BUT THESE PRACTITIONERS MAY NOT ISSUE PRESCRIPTIONS FOR CONTROLLED SUBSTANCES TO BE DISPENSED BY PHARMACIES OR DISPENSARIES OWNED OR OPERATED BY NONFEDERAL ENTITIES; TO AMEND SECTION 44-53-300, RELATING TO THE REGISTRATION OF AN APPLICANT TO MANUFACTURE, DISTRIBUTE, OR DISPENSE CONTROLLED SUBSTANCES INCLUDED IN CERTAIN CODE SECTIONS, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, PROVIDE THAT FURNISHING BY THE APPLICANT OF FALSE OR FRAUDULENT MATERIAL IN ANY APPLICATION OR OTHER DOCUMENT OR ANY REGULATION MUST BE CONSIDERED BY THE DEPARTMENT IN DETERMINING THE PUBLIC INTEREST FOR PURPOSES OF REGISTRATION, AND PROVIDE THAT SUSPENSION OR REVOCATION OF THE APPLICANT'S FEDERAL REGISTRATION OR THE APPLICANT'S REGISTRATION IN ANOTHER STATE TO MANUFACTURE, DISTRIBUTE, DISPENSE, CONDUCT RESEARCH, OR CONDUCT ANY OTHER ACTIVITY WITH CONTROLLED SUBSTANCES AS AUTHORIZED BY FEDERAL LAW OR THE LAW OF ANOTHER STATE MUST ALSO BE CONSIDERED IN DETERMINING THE PUBLIC INTEREST FOR PURPOSES OF REGISTRATION; TO AMEND SECTION 44-53-310, RELATING TO THE GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION GRANTED PURSUANT TO SECTION 44-53-300 AND THE APPLICABLE CIVIL FINE, SO AS TO ADD PROVISIONS THAT, NOTWITHSTANDING THE PROVISIONS OF SECTION 44-53-580, THE DEPARTMENT SHALL DEPOSIT ALL CIVIL FINES LEVIED PURSUANT TO SECTION 44-53-310(B) WITH THE STATE TREASURER, WHO MUST DEPOSIT THEM IN A SPECIAL FUND FROM WHICH THE DEPARTMENT MUST BE REIMBURSED FOR ADMINISTRATIVE COSTS FOR EACH CASE DISPOSED OF PURSUANT TO SECTION 44-53-320, ANY HEARINGS HELD PURSUANT TO SECTION 44-53-160, UNRECOVERABLE COSTS INCURRED BY THE DEPARTMENT IN THE ENFORCEMENT OF SECTION 44-53-310(H), OR IN REGULATION-PROMULGATING PROCEDURES PURSUANT TO SECTION 44-53-280 AND THAT THE DEPARTMENT MAY SEIZE OR PLACE UNDER SEAL ANY CONTROLLED SUBSTANCE OWNED OR POSSESSED BY A REGISTRANT WHOSE REGISTRATION HAS EXPIRED OR WHO HAS CEASED TO EXIST, PRACTICE, OR DO BUSINESS IN THE MANNER CONTEMPLATED BY THE REGISTRATION; TO AMEND SECTION 44-53-360, RELATING TO PRESCRIPTIONS UNDER THE PROVISIONS OF LAW ON NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, ALLOW THE DEPARTMENT, WITH THE WRITTEN CONCURRENCE OF THE STATE BOARD OF MEDICAL EXAMINERS AND THE STATE BOARD OF DENTISTRY, TO PERMIT INDIVIDUAL PRACTITIONERS TO UTILIZE A PARTICULAR CONTROLLED SUBSTANCE FOR A PARTICULAR PURPOSE FOR AN INDIVIDUAL OR GROUP OF INDIVIDUALS ON AN EXPERIMENTAL BASIS, CHANGE THE NUMBER OF ALLOWED REFILLS FOR A PRESCRIPTION UNDER CERTAIN CIRCUMSTANCES, PROVIDE THAT DIRECTIONS FOR USE OF A PRESCRIBED CONTROLLED SUBSTANCE MUST BE SPECIFIC AND INDEFINITE INSTRUCTIONS FOR DOSAGE AND USE MUST BE DEEMED INADEQUATE DIRECTIONS FOR USE, PROHIBIT A PRACTITIONER TO DISPENSE DIRECTLY OR ISSUE PRESCRIPTIONS FOR THE TREATMENT OF OBESITY WITH CONTROLLED SUBSTANCES LISTED IN SCHEDULES III OR IV FOR A PERIOD EXCEEDING TWELVE WEEKS ANNUALLY, PROVIDE THAT A PRACTITIONER MAY DISPENSE OR DELIVER A CONTROLLED SUBSTANCE TO OR FOR AN INDIVIDUAL OR ANIMAL ONLY FOR BONA FIDE MEDICAL OR DENTAL TREATMENT OR AUTHORIZED RESEARCH IN THE ORDINARY COURSE OF THAT PRACTITIONER'S PROFESSION, PROHIBIT AN INDIVIDUAL PRACTITIONER FROM DISPENSING CONTROLLED SUBSTANCES FOR HIS OWN USE, OR THAT OF HIS FAMILY, OR OF ANY PERSON WITH WHOM THE INDIVIDUAL PRACTITIONER HAS A PERSONAL OR PROFESSIONAL RELATIONSHIP WHICH IS LIKELY TO VITIATE THE PROFESSIONAL OBJECTIVITY REQUIRED FOR THE PROPER DISPENSING OF CONTROLLED SUBSTANCES FOR LEGITIMATE MEDICAL OR DENTAL PURPOSES, PROHIBIT THE DISPENSING OF SCHEDULE V CONTROLLED SUBSTANCES CONTAINING CODEINE OR ITS SALTS WITHOUT A PRESCRIPTION AFTER DECEMBER 31, 1991, AND PROVIDE THAT NO PHARMACY MAY DISPENSE A PRESCRIPTION FOR CONTROLLED SUBSTANCES TO ANY PERSON NOT PERSONALLY KNOWN TO AND IDENTIFIABLE BY THE DISPENSING PHARMACIST UNLESS POSITIVE IDENTIFICATION, AS DEFINED IN SECTION 44-53-110, IS OBTAINED AND RECORDED ON THE PRESCRIPTION DOCUMENT PRIOR TO THE DISPENSING; TO AMEND SECTION 44-53-380, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, "PROHIBITED ACTS B", AND PENALTIES, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, MAKE IT UNLAWFUL FOR ANY MANUFACTURER OR DISTRIBUTOR, OR AGENT FOR OR EMPLOYEE OF ANY MANUFACTURER OR DISTRIBUTOR, HAVING REASONABLE CAUSE TO BELIEVE THAT A CONTROLLED SUBSTANCE WILL BE USED, SOLD, DISTRIBUTED, OR DISPENSED IN VIOLATION OF ARTICLE 3, CHAPTER 53, TITLE 44, TO DELIVER THE CONTROLLED SUBSTANCE, PROVIDE THAT ANY PERSON OTHER THAN A CORPORATI0N WHO VIOLATES SECTION 44-53-380 IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE IMPRISONED FOR NOT MORE THAN FIVE YEARS OR FINED NOT MORE THAN TEN THOUSAND DOLLARS FOR A FIRST OFFENSE, PROVIDE THAT ANY PERSON OTHER THAN A CORPORATION WHO VIOLATES THIS SECTION BY A SECOND OR SUBSEQUENT OFFENSE IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR NOT LESS THAN THREE YEARS NOR MORE THAN TEN YEARS AND FINED NOT LESS THAN TWENTY THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS, AND PROVIDE A PENALTY FOR A CORPORATION WHICH VIOLATES THIS SECTION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD TO THAT LIST THE SPECIFIED FELONY OFFENSE IN SECTION 44-53-380; TO AMEND SECTION 44-53-420, RELATING TO ATTEMPT AND CONSPIRACY UNDER THE LAWS ON NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE THAT ANY PERSON WHO ATTEMPTS OR CONSPIRES TO COMMIT ANY OFFENSE MADE UNLAWFUL BY ARTICLE 3, CHAPTER 53, TITLE 44, MUST, UPON CONVICTION, BE FINED OR IMPRISONED IN THE SAME MANNER AS IF THE PERSON HAD COMMITTED OR COMPLETED THE OFFENSE PLANNED OR ATTEMPTED; AND TO AMEND SECTION 44-53-450, RELATING TO CONDITIONAL DISCHARGE FOR, A FIRST OFFENSE, SO AS TO PROVIDE THAT THE DEPARTMENT'S BUREAU OF DRUG CONTROL MAY RETAIN A NONPUBLIC ADMINISTRATIVE RECORD, NOT SUBJECT TO PUBLIC DISCLOSURE, OF ANY INVESTIGATION WHICH HAS BEEN CONDUCTED BY THE DEPARTMENT OF ANY PERSON WHO HAS BEEN REGISTERED UNDER ARTICLE 3, CHAPTER 53, TITLE 44, OR ANY PERSON WHO HAS HAD OR IS LIKELY TO HAVE ACCESS TO CONTROLLED SUBSTANCES AS AN INCIDENTAL PART OF HIS NORMAL EMPLOYMENT, IN ORDER THAT THE DEPARTMENT MAY ADEQUATELY DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST FOR THAT PERSON TO HAVE CONTINUED OR FUTURE ACCESS TO CONTROLLED SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-110 of the 1976 Code, as last amended by Act 604 of 1990, is further amended by adding in proper alphabetical order:
"`Addict' or `drug addict' means a person who is physically dependent on one or more controlled substances, whose long-term use has produced tolerance, who has lost control over his intake, who would manifest withdrawal phenomena if discontinuance of the controlled substance occurred, and who has no legitimate medical or dental need for the controlled substance in treatment of a disease, malady, or illness other than gratification of addiction.
`Addiction' or `drug addiction' means a chronic disorder characterized by the compulsive use of a controlled substance resulting in physical, psychological, or social harm to the user and continued use despite that harm, and where there is not legitimate medical or dental use for the controlled substance for anything other than gratification of this chronic disorder.
`Approved use' of a drug or controlled substance means those uses set forth under the `indications' portion of the labeling of the drug commonly known as the `package insert', as required by Section 352 of Title 21 of the United States Code, and the companion federal regulations, in order that the drug or substance not be misbranded when sold or held for sale.
`Controlled substances analog' means a substance having a substantially similar chemical structure to a controlled substance in Schedule I or Schedule II, and
(a) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system exhibited by a controlled substance included in Schedule I or Schedule II; or
(b) which is represented by an individual as having or intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the nervous system exhibited by a controlled substance included in Schedule I or Schedule II.
The term `controlled substances analog' does not include:
(a) a controlled substance;
(b) any substance for which there is an approved new drug application on file with the federal Food and Drug Administration or its successor agency;
(c) a substance which is possessed by a person acting in the regular course of research and testing, if an exemption for the person is in effect for investigational use of the drug or substance under Section 355 of Title 21 of the United States Code, to the extent that conduct with respect to the substance is pursuant to the exemption; or
(d) any substance not intended, recommended, intimated, or suggested for human use or consumption before an exemption pursuant to Section 355 of Title 21 of the United States Code takes effect with respect to the substance.
`Detoxification' means a process of withdrawing a person from an addictive substance, in a safe and effective manner.
`Drug abuse' means any use of drugs or controlled substances that causes physical, psychological, economic, legal, or social harm to the individual user or to others affected by the user's behavior.
`Drug dependence' is a generic term that relates to physical or psychological dependence upon a controlled substance, or both a physical and psychological dependence on the controlled substance; it is characteristic for each pharmacological class of controlled substance and implies impaired control over drug-taking behavior.
`Physical dependence' means a physiological state of adaptation to a drug or controlled substance, usually characterized by the development of tolerance to effects of the drug or controlled substance and the emergence of a withdrawal syndrome during prolonged abstinence.
`Positive identification' means the obtaining of the true identity of a person (1) by means of an official identification card or driver's license issued by a governmental body, which bears the photograph and the signature of the individual being identified; (2) by verification of the person's identity by two other persons who possess a governmentally-issued, official identification card or driver's license, which must be recorded by the person obtaining the identity; or (3) by certification that the person whose identity is required has been known by the person requiring the identity for a period of at least six months. Social Security Identification cards are not sufficient proof of identity. Active or expired passports are included in the term `official identification card'.
`Psychological dependence' means the emotional state of craving a drug or a controlled substance either for its positive effect or to avoid negative effects associated with its absence.
`Tolerance' means physiological adaptation to the effects of drugs or controlled substances, so as to diminish effects with constant dosages or to maintain the intensity and duration of effects through increased dosage.
`Withdrawal syndrome', occasionally referred to only as `withdrawal', is the onset of a predictable constellation of signs and symptoms involving altered activity of the central nervous system after the abrupt discontinuation, or rapid decrease in, dosage of a drug or a controlled substance."
SECTION 2. Section 44-53-160 of the 1976 Code is amended to read:
"Section 44-53-160. (1) Annually, within thirty days after the convening of each regular session of the General Assembly, the department shall recommend to the General Assembly any additions, deletions, or revisions in the schedules of substances, enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270, which it deems the department considers necessary. The department shall may not make any additions, deletions, or revisions in such the schedules until after notice and an opportunity for a hearing is afforded all interested parties. In making a recommendation to the General Assembly regarding a substance, the department shall consider the following:
(a) the actual or relative potential for abuse;
(b) the scientific evidence of its pharmacological effect, if known;
(c) State the state of current scientific knowledge regarding the substance;
(d) the history and current pattern of abuse;
(e) the scope, duration, and significance of abuse;
(f) the risk to the public health;
(g the potential of the substance to produce psychic or physiological dependence liability; and
(h) whether the substance is an immediate precursor of a substance already controlled under this Division article.
(2) After considering the above factors, the Department shall make a recommendation to the General Assembly, specifying to what schedule the substance should be added, deleted or rescheduled, if it finds that the substance has a potential for abuse. The department may consider findings of the Federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the factors in connection with its determination.
(3) During the time the General Assembly is not in session, the department may by rule regulation add, delete, or reschedule a substance as a controlled substance after providing for notice and hearing to all interested parties. Upon the adoption promulgation of such rule the regulation, the department shall forward copies to the chairmen of the Medical Affairs Committee of the Senate, and the Military, Public and Municipal Affairs Committee of the House of Representatives and to the Clerks of the Senate and House and to the Chairman of the Joint Legislative Committee on Drugs and Narcotics comply with the provisions of Section 1-23-120.
(4) If any substance is added, deleted, or rescheduled as a controlled substance under federal law and notice of the designation is given to the Department, the department shall recommend that a corresponding change in South Carolina law be made by the next regular session of the General Assembly not less than thirty days after publication in the Federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance similarly control the substance under this article after expiration of thirty days from publication in the Federal Register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance, or from issuance of an order of temporary scheduling under Section 811(h) of Title 21 of the United State Code, unless the department objects to the change. In that case, the department shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall announce its decision and shall notify the General Assembly in writing of the change in federal law or regulations and of the department's recommendation that a corresponding change in South Carolina law be made, or not be made, as the case may be.
If the department does not object to the change of schedule, it shall by rule regulation, at its first regular or special meeting after the final order by the Bureau or its successor agency is published in the Federal register, reschedule the substance into the appropriate schedule, such rule the regulation having force of law unless overturned by the General Assembly; in such that case, no hearing need be given unless requested by an interested party. This rule regulation issued by the department shall must be in substance substantially identical with the order published in the Federal Register effecting the change in federal status of the substance.
(5) The Department shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act and the law of this State, be lawfully sold over the counter without a prescription. The department, without regard to the findings required by subsection (1) of the section, or Sections 44-53-180, 44-53-200, 44-53-220, 44-53-240, or 44-53-260, and without regard to the procedures set forth by subsections (1) and (2) of this section, may place an immediate precursor in the same schedule in which the controlled substance of which it is an immediate precursor is placed, or in any other schedule. If the department designates a substance as an immediate precursor, substances which are precursors of the immediate precursor are not subject to control solely because they are precursors of the controlled precursor.
(6) The department, by regulation and without regard to the requirements of subsection (1) of this section, may schedule a substance in Schedule I regardless of whether the substance is substantially similar to a controlled substance in Schedule I or Schedule II if the department finds that the scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public health or safety and if the substance is not included in any other schedule, or no exemption or approval is in effect for the substance under the provisions of Section 355 of Title 21 of the United States Code. Upon receipt of notice, the department shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. Notwithstanding the provisions of Section 1-23-120, the scheduling of a substance under this subsection expires one year after the adoption of the scheduling regulation, unless the department finds that the imminent danger to the public health and safety continues to exist. If the department finds the danger to be continuing, the emergency regulation may be extended for an additional year without further procedures. At the end of the second year, the department or the federal authority must have formally scheduled the substance in order for the substance to remain as a controlled substance. With respect to the finding of an imminent hazard to public health and safety, the department must consider whether the substance has been scheduled on a temporary basis under federal law and may also consider clandestine importation, manufacture, or distribution of the substance and, if available, information concerning the factors set forth in subsection (1) of this section. A regulation adopted under this subsection is vacated upon the conclusion of the formal regulation-promulgating process initiated under this section."
SECTION 3. Section 44-53-180 of the 1976 Code is amended to read:
"Section 44-53-180. The department shall place a substance in Schedule I if it finds that the substance has:
(a) a high potential for abuse;
(b) no generally accepted medical or dental use in treatment in the United States; and
(c) a lack of accepted safety for use in treatment under medical or dental supervision."
SECTION 4. Section 44-53-190(b) of the 1976 Code is amended to read:
"(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
19. Dioxaphetyl butyrate
45. Alfentanyl [Reserved]
47. Alphamethylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl-4-(N-propanilido) piperidine).
56. MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)
57. PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine)."
SECTION 5. Section 44-53-190(d) of the 1976 Code is amended by adding:
"23. Ethylamine analog of Phencyclidine
24. Pyrrolidine analog of Phencyclidine
26. MDMA (3, 4-Methylenedioxymeth-amphetamine)."
SECTION 6. Section 44-53-210(c) of the 1976 Code is amended by adding:
SECTION 7. Section 44-53-210 of the 1976 Code is amended by adding:
"(e) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a federal Food and Drug Administration-approved drug product (i.e., Marinol)
(2) Nabiline (Nabilone)"
SECTION 8. Section 44-53-230(c) of the 1976 Code is amended by adding:
"12. Tiletamine and zolazepam or any salt thereof"
SECTION 9. Section 44-53-250(a) of the 1976 Code is amended to read:
"(a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its any of their salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(5) Chloral Betaine
(6) Chloral Hydrate
(18) Ethyl Loflazepate
SECTION 10. Section 44-53-250(b) of the 1976 Code is amended by adding:
" (7) Cathine ((+) - norpseudoephedrine)
SECTION 11. Section 44-53-270 of the 1976 Code is amended by adding:
"(c) Narcotic Drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts:
(d) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system; including its salts, isomers, and salts of isomers:
SECTION 12. Section 44-53-280(b) of the 1976 Code is amended to read:
"(b) No person engaged in a profession or occupation for which a license to engage in such that activity is required by law shall may be registered under this article unless such the person holds a valid license of his issued by the licensing body of this State which licenses or otherwise regulates the profession or occupation of the person seeking registration. Practitioners employed by or who work under the auspices of the federal government or any of its agencies (i.e., Bureau of Prisons, Veterans Administration, Public Health Service, Army, Navy, Air Force, et cetera) who dispense controlled substances directly from government stocks or who issue prescriptions to be dispensed by federally-owned or federally-operated dispensaries or pharmacies are not required to register under this article, but these practitioners may not issue prescriptions for controlled substances to be dispensed by pharmacies or dispensaries owned or operated by nonfederal entities. Nothing in this subsection may be construed as preventing these practitioners from issuing, or nonfederal pharmacies from dispensing, prescriptions issued by these practitioners for drugs which are not controlled substances as long as these practitioners are acting in the regular course of their federal employment or within the authorization of the appropriate federal agency, and within the exceptions set forth by Chapters 15 and 47 of Title 40."
SECTION 13. Section 44-53-300(a) of the 1976 Code is amended to read:
"(a) The department shall may register an applicant to manufacture, distribute, or dispense controlled substances included in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270 if it determines that the issuance of such the registration is consistent with the public interest. In determining the public interest, the following factors shall must be considered:
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, dental, scientific, research, or industrial channels;
(2) compliance with applicable state or federal law;
(3) promotion and technical advances in the art of manufacturing these controlled substances and the development of new substances;
(4) Prior conviction record Any conviction of the applicant under laws of another country or any federal and state laws relating to the manufacture, distribution or dispensing of such any controlled substances;
(5) past experience in the manufacture, distribution, and dispensing of controlled substances and the existence in the applicant's establishment of effective controls against diversion; of controlled substances into other than legitimate medical, dental, scientific, research, or industrial channels;
(6) Furnishing by the applicant of false or fraudulent material in any application or other document filed under this article or any regulation promulgated under the authority of this article;
(7) Suspension or revoction of the applicant's federal registration or the applicant's registration in another state to manufacture, distribute, dispense, conduct research, or conduct any other activity with controlled substances as authorized by federal law or the law of another state;
(6)(8) Such Any other factors as may be relevant to and consistent with the public health and safety; and
(7) (9) licensing by a federal agency."
SECTION 14. Section 44-53-310 of the 1976 Code is amended by adding:
"(g) Notwithstanding the provisions of Section 44-53-580, the department shall deposit all civil fines levied pursuant to subsection (b) of this section with the State Treasurer, who must deposit them in a special fund from which the department must be reimbursed for administrative costs for each case disposed of pursuant to Section 44-53-320, any hearings held pursuant to Section 44-53-160, unrecoverable costs incurred by the department in the enforcement of subsection (h) of this section, or in regulation-promulgating procedures pursuant to Section 44-53-280. At any time the special fund exceeds twenty thousand dollars, all excess funds must be disposed of in the manner set forth by Section 44-53-580. The department shall annually furnish the Department of Mental Health and the State Treasurer an accounting of the civil fines collected and the administrative costs expended pursuant to this section.
(h) The department may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to exist, practice, or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The department shall notify a registrant, or the registrant's successor in interest, who has any controlled substance placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The department may not dispose of any controlled substance seized or placed under seal under this subsection until the expiration of one hundred eighty days after the controlled substance was seized or placed under seal. The costs incurred by the department in seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of the disposition must be delivered to the registrant or the registrant's successor in interest."
SECTION 15. Section 44-53-360(c) of the 1976 Code is amended to read:
"(c) No controlled substances included in any schedule may be distributed or dispensed for other than a legitimate medical or dental purpose. No practitioner shall may dispense any Schedule II narcotic controlled substance for the purpose of maintaining the addiction of a narcotic dependent person outside of a facility or program approved by the South Carolina Methadone Council drug dependence of any drug-dependent person outside of a facility approved by the department and the South Carolina Department of Mental Health. No practitioner shall may dispense any controlled substances outside of a bona fide physician-patient relationship. No practitioner shall may dispense any controlled substance for any use other than the uses approved by the Federal Food and Drug Administration set forth in the `Indications' portion of the drug labeling required to accompany a drug in interstate commerce by the United States Food and Drug Administration, which prevents the drug from being misbranded when held for sale under federal law (the labeling being commonly known as the `package insert'), or unless an investigation of investigational new drug application (commonly known as an IND) for the substance has been obtained from and approved by the federal agency and a copy thereof filed with the department. The department, in its discretion, may, with the written concurrence of the State Board of Medical Examiners or the State Board of Dentistry, permit individual practitioners to utilize a particular controlled substance for a particular purpose for an individual or group of individuals on an experimental basis. Those practitioners who desire to use any controlled substance for a condition other than those set forth in the `Indications' portion of the drug labeling shall file a detailed protocol with the department containing the same information required in an investigational new drug application required by the United States Food and Drug Administration. No practitioner may use any controlled substance for an unapproved use (i.e., not in the `Indications' portion of the labeling) without first having complied with this subsection.
Provided, that the The labeling required under federal law to accompany certain drug products (commonly known in the medically related or dental professions as the `package insert') shall be is prima facie evidence of the approved uses for such the drug, unless otherwise specifically provided by statute or regulation of the department or the State Board of Medical Examiners or the State Board of Dentistry, and such labeling shall be is admissible as evidence in any judicial or administrative proceeding for the sole purpose of demonstrating the approved uses for such the drug and for any other purpose considered appropriate by the court. In the event that there has been a change in labeling for a particular drug product, the content of the labeling which was current with the manufacturer of the drug product at the time of the incident from which the judicial or administrative action arises, shall must be deemed to contain the `approved use' of the drug product within the meaning of this section. Nothing in this section shall may be deemed to modify any of the provisions of Section 40-47-65."
SECTION 16. Section 44-53-360(d) of the 1976 Code is amended to read:
"(d) Unless specifically indicated in writing on the face of the prescription that it is to be refilled, and the number of times specifically indicated, no prescription may be refilled. The indication of `PRN' or `ad lib' or phrases, abbreviations, or symbols of like meaning shall may not be construed as to exceed five refills or six months, whichever shall first occur one refill. Preprinted refill instructions on the face of a prescription shall must be disregarded by the dispenser unless an affirmative marking or other indication is made by the prescriber. Directions for use of a prescribed controlled substance must be specific, and indefinite instructions for dosage and use (i.e., `one as needed', `one p.r.n. pain', etc.) must be deemed inadequate directions for use, rendering the prescription void."
SECTION 17. Section 44-53-360 of the 1976 Code is amended by adding:
(i) No practitioner may dispense directly or issue prescriptions for the treatment of obesity with controlled substances listed in Schedules III or IV for a period exceeding twelve weeks annually. Use of controlled substances in Schedules III and IV as anorectic agents must be as a short-term adjunct in a regimen of weight reduction based on caloric restriction, including specific instruction in dietary management conducted by the practitioner or under his immediate supervision. In instances of treatment of gross obesity where an individual patient has demonstrated the ability to maintain a continual weight loss over the twelve week period through the prescribing of controlled substances in Schedule III or Schedule IV, the State Board of Medical Examiners may, in its discretion, issue the prescribing practitioner an exception to this subsection and shall notify the department of the exception. No person may obtain prescriptions for controlled substances in Schedules III or IV for purposes of treating obesity from more than one practitioner within a twelve-month period, unless the person notifies the successive practitioners of previous medical treatment for obesity.
(j) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for bona fide medical or dental treatment or authorized research in the ordinary course of that practitioner's profession.
(k) An individual practitioner may not dispense controlled substances for his own use, or that of his family, or of any person with whom the individual practitioner has a personal or professional relationship which is likely to vitiate the professional objectivity required for the proper dispensing of controlled substances for legitimate medical or dental purposes. In the event of a bona fide emergency situation which is of a life-threatening nature, or one which requires the immediate use of a controlled substance to prevent a life-threatening situation from arising, the individual practitioner may administer quantities of controlled substances to these persons or to himself only for such a period of time that it would reasonably take to obtain the professional services of another practitioner having unvitiated objectivity. Practitioners utilizing controlled substances on themselves or upon family members in these emergency situations shall report the fact in writing to the department within forty-eight hours after the emergency. Failure to report the emergency to the department constitutes prima facie evidence of unlawful dispensing of controlled substances.
(l) Schedule V controlled substances containing codeine or its salts may not be dispensed without a prescription after December 31, 1991.
(m) No pharmacy may dispense a prescription for controlled substances to any person not personally known to and identifiable by the dispensing pharmacist unless positive identification, as defined in Section 44-53-110, is obtained and recorded on the prescription document prior to the dispensing."
SECTION 18. Section 44-53-380 of the 1976 Code is amended to read:
"Section 44-53-380. (a) It shall be is unlawful for any person:
(1) who is subject to the requirements of Sections 44-53-280 to 44-53-360 to distribute or dispense a controlled substance in violation of Section 44-53-360;
(2) who is a registrant, to manufacture, a controlled substance not authorized by that person's registration, or to distribute, or dispense a controlled substance not authorized by his that person's registration to another registrant or other authorized person;
(3) to omit, remove, alter, or obliterate a symbol required by the federal Controlled Substances Act or this article;
(4) to refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this article;
(5) to refuse any entry into any premises or inspection authorized by this article;
(6) knowingly to keep, manage, control, or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, vessel, aircraft, room, enclosure, or any place whatever, either as owner, lessee, agent, employee, or mortgagee, with or without compensation, which is resorted to by persons using controlled substances in violation of this article for the purpose of using such substances, or which is used for the possessing, keeping, transporting, distributing, or selling dispensing of the same in violation of this article; or
(7) who is subject to the requirements of this article to fail to register as provided in Section 44-53-280 to manufacture, distribute, or dispense controlled substances prior to his engaging in such the manufacturing, distribution, or dispensing.; or
(8) for any manufacturer or distributor, or agent for or employee of any manufacturer or distributor, having reasonable cause to believe that a controlled substance will be used, sold, distributed, or dispensed in violation of this article, to deliver the controlled substance.
(b) Any person other than a corporation who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than five years or punishable by a civil fine of fined not more than one ten thousand dollars; provided, that, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally, such person shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not more than five years, or fined not more than ten thousand dollars, except that if such person is a corporation it shall be subject to a civil penalty of not more than one hundred thousand dollars. Imposition of a civil penalty pursuant to this item shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense. for a first offense. Any person other than a corporation who violates this section by a second or subsequent offense is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than ten years and fined not less than twenty thousand dollars nor more than fifty thousand dollars. Any corporation which violates the provisions of this section must, upon conviction: for a first offense, be fined not less than ten thousand dollars and not more than one hundred thousand dollars; and for a second offense, be fined not less than one hundred thousand dollars and not more than one million dollars and lose all eligibility for further controlled substances registration."
SECTION 19. The felony crime provided by Section 44-53-380 of the 1976 Code, as contained in Section 18 of this act, is added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 20. Section 44-53-420 of the 1976 Code is amended to read:
"Section 44-53-420. Any person who attempts or conspires to commit any offense made unlawful by the provisions of this article shall must, upon conviction, be fined or imprisoned in the same manner as for if the person had committed or completed the offense planned or attempted; but such fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy."
SECTION 21. Section 44-53-450 of the 1976 Code is amended by adding:
(c) Notwithstanding the provisions of subsections (a) and (b) of this section and of Section 17-22-150, the Bureau of Drug Control of the department may retain a nonpublic administrative record, not subject to public disclosure under the provisions of Section 30-4-30, of any investigation which has been conducted by the department of any person who has been registered under the provisions of this article, or any person who has had or is likely to have access to controlled substances as an incidental part of his normal employment, in order that the department may adequately determine whether it is in the public interest for that person to have continued or future access to controlled substances. The department may not divulge information retained under the provisions of this subsection to any person other than the person who is the subject of the record. In the event that the department finds that it is not in the public interest to grant controlled substances registration or access to controlled substances to persons whose records are retained under this subsection, the department shall cite this section in any official record and use an anonymous identification of the person involved in any official records. Professional licensing boards issuing licenses to any persons whose records are maintained by the department pursuant to this subsection may apply to the Court of Common Pleas for Richland County for access to the information contained in the department's file. Upon a proper showing, the court, in its discretion after offering the subject of the file an opportunity to be heard in the matter, may order the department to release the information contained in the file to the professional licensing board, which must maintain the information in a private manner, not subject to public disclosure."
SECTION 22. This act takes effect upon approval by the Governor.