Bill 3751

                    Current Status

Bill Number:                    3751
Ratification Number:            231
Act Number:                     229
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950306
Primary Sponsor:                Sandifer
All Sponsors:                   Sandifer, R. Smith, Herdklotz,
                                Sheheen, Sharpe, Jaskwhich, Fair,
                                Simrill, Mason, Littlejohn, Cain,
                                Hallman, Whatley, S. Whipper, Vaughn,
                                Easterday, Trotter, Huff, Rice,
                                Keyserling, Limehouse, Allison, Wells,
                                D. Smith, Kinon, Seithel, Fleming,
                                Robinson, Marchbanks, Witherspoon,
                                Meacham, Cromer, Davenport, Lanford,
                                Cato, Tripp, Boan, Martin, J. Young,
                                Askins, G. Brown, Tucker, Haskins and
                                Harwell 
Drafted Document Number:        GJK\21476SD.95
Date Bill Passed both Bodies:   19960130
Date of Last Amendment:         19950516
Governor's Action:              S
Date of Governor's Action:      19960212
Subject:                        Prescriptions, transfer of

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960222  Act No. A229
------  19960212  Signed by Governor
------  19960206  Ratified R231
Senate  19960130  Read third time, enrolled for
                  ratification
Senate  19960125  Read second time, notice of
                  general amendments
Senate  19960124  Committee report: Favorable              13 SMA
Senate  19950518  Introduced, read first time,             13 SMA
                  referred to Committee
House   19950517  Read third time, sent to Senate
House   19950516  Amended, read second time
House   19950511  Committee report: Favorable with         27 H3M
                  amendment
House   19950306  Introduced, read first time,             27 H3M
                  referred to Committee

(A229, R231, H3751)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE ONE-TIME TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE FOR THE PURPOSE OF DISPENSING ONE REFILL ONLY UNDER CERTAIN CONDITIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Transfer of prescriptions

SECTION 1. The 1976 Code is amended by adding:

"Section 40-43-165. (A) The one-time transfer of original prescription information for the purpose of dispensing one refill only is permissible between pharmacies in this State subject to the following requirements:

(1) the transfer is communicated directly between two pharmacists only at the request of the patient or the patient's representatives;

(2) the transferring pharmacist reduces any remaining refills by one and so marks the face of the prescription retained by him;

(3) the transferring pharmacist records the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription;

(4) the transferring pharmacist records the date of the transfer and the name of the pharmacist transferring the information;

(5) the transferring pharmacist records on the prescription transferred that the receiving pharmacist is authorized to dispense one refill based on the original prescription, if such is the case;

(6) the prescription is not for a controlled substance.

(B) The pharmacist receiving the transferred prescription information shall record in writing the following:

(1) The word `transfer' on the face of the transferred prescription.

(2) Any information required to be on a prescription, including:

(a) date of issuance of the original prescription;

(b) date and time of transfer;

(c) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;

(d) name of transferring pharmacist;

(e) manufacturer or brand of drug dispensed.

(C) The transferred prescription, as well as the original, must be maintained for the periods required by law.

(D) The pharmacist receiving the transferred prescription may dispense only one refill. The transferring pharmacist shall retain the original prescription and may continue to dispense refills up to the amount and for the period authorized less one refill allocated to the receiving pharmacist.

(E) The requirements of (A) and (B) of this section may be facilitated by use of a computer, data, or facsimile system.

(F) All records pertinent to this section shall be readily retrievable.

(G) The State Board of Pharmacy through the Department of Labor, Licensing and Regulation shall promulgate regulations necessary to implement the provisions of this section."

Time effective

SECTION 2. This act takes effect ninety days after approval by the Governor.

Approved the 12th day of February, 1996.