Current Status Introducing Body:Senate Bill Number:170 Ratification Number:143 Act Number:79 Primary Sponsor:Giese Type of Legislation:GB Subject:Prescription drugs, refill requirements Date Bill Passed both Bodies:19930520 Computer Document Number:436/12797AC.93 Governor's Action:S Date of Governor's Action:19930611 Introduced Date:19930112 Last History Body:------ Last History Date:19930611 Last History Type:Act No. 79 Scope of Legislation:Statewide All Sponsors:Giese Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
170 ------ 19930611 Act No. 79
170 ------ 19930611 Signed by Governor
170 ------ 19930610 Ratified R 143
170 House 19930520 Read third time, enrolled for
ratification
170 House 19930519 Read second time
170 House 19930505 Committee Report: Favorable 27
170 House 19930407 Referred to Committee 27
170 House 19930407 Recalled from Committee 26
170 House 19930401 Introduced, read first time, 26
referred to Committee
170 Senate 19930331 Read third time, sent to House
170 Senate 19930317 Read second time, notice of
general amendments
170 Senate 19930316 Committee Report: Favorable 13
with amendment
170 Senate 19930112 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
(A79, R143, S170)
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 ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
Be it enacted by the General Assembly of the State of South Carolina:
Drugs sold on prescription; emergency refills
SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 303 of 1992, is further amended to read:
"Section 40-43-150. (A) Except as provided by Chapters 37 and 38 of Title 40, 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 or device, other than contact lenses, as defined in Section 39-23-20 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 or prepared 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, except that if a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two hour supply of the prescribed medication if:
(1) the prescription is not for a controlled substance;
(2) the medication is essential to the maintenance of life or to the continuation of therapy;
(3) in the pharmacist's professional judgment, the interruption of therapy reasonably may produce undesirable health consequences or may cause physical or mental discomfort;
(4) the pharmacist properly records the dispensing; and
(5) the dispensing pharmacist notifies the prescriber of the emergency dispensing within seventy-two hours after the one-time emergency refill dispensing.
No prescription marked `PRN' or for another nonspecific number of refills may be refilled more than two years beyond the date it was written originally. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription.
(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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1993.