Current Status Introducing Body:House Bill Number:4051 Primary Sponsor:Wilkes Committee Number:27 Type of Legislation:GB Subject:Prescription drugs Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Companion Bill Number:622 Computer Document Number:JMG/1061AC.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Wilkes Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4051 House 19930414 Introduced, read first time, 27
referred to Committee
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TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
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) 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, physician's assistant, 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, physician's assistant, 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."
SECTION 2. Section 40-47-25 of the 1976 Code, as last amended by Act 124 of 1987, is further amended to read:
"Section 40-47-25. (A) A representative of the South Carolina Academy of Physicians' Assistants has the privilege of attendance at all meetings of the State Board of Medical Examiners (board) and must be permitted to speak to matters affecting physicians' assistants. However, this representative is not a member of the board and is not entitled to vote.
(B) The board shall explore the possibility of administering its own examination for purposes of determining a physician's assistant's competency prior to before issuing a temporary or permanent certificate. The board is authorized to may impose an examination fee to cover the costs and expenses of administering this examination.
(C) If a supervising physician is employed in a publicly-supported or charitable institution providing free or reduced fee services, the board may authorize the physician to supervise more than one physician's assistant under arrangement approved by the Board."
SECTION 3. Section 44-53-290 of the 1976 Code, is amended by adding at the end:
"(j) Pursuant to the procedures set forth in Section 44-53-300, the department may issue a registration in Schedule V to a nurse practitioner certified to prescribe Schedule V controlled substances by the State Board of Nursing for South Carolina and to a physician's assistant certified to prescribe Schedule V controlled substances by the State Board of Medical Examiners. A nurse practitioner or a physician's assistant registered by the department pursuant to this subsection may not acquire, possess, or dispense, other than by prescription, a controlled substance except as provided by law."
SECTION 4. This act takes effect upon approval by the Governor.