Current Status Bill Number:4765 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960319 Primary Sponsor:Wilder All Sponsors:Wilder Drafted Document Number:pfm\8098ac.96 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Date of Last Amendment:19960501 Subject:Controlled substances and methadone
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960502 Introduced, read first time, 13 SMA
referred to Committee
House 19960502 Read third time, sent to Senate
House 19960501 Amended, read second time
House 19960424 Committee report: Favorable with 27 H3M
amendment
House 19960319 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 1, 1996
H. 4765
S. Printed 5/1/96--H.
Read the first time March 19, 1996.
TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 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:
(1)Alprazolam
(2)Barbital
(3)Bromazepam
(4)Camazepam
(5)Chloral betaine
(6)(4) Chloral hydrate
(7)(5) Chlordiazepoxide
(8)Clobazam
(9)(6) Clonazepam
(10)(7) Clorazepate
(11)Clotiazepam
(12)Cloxazolam
(13)Delorazepam
(14)(8) Diazepam
(15)Estazolam
(16)(9) Ethchlorvynol
(17)(10) Ethinamate
(18)Ethyl Loflazepate
(19)Fludiazepam
(20)(11) Flunitrazepam
(21)(12) Flurazepam
(22)(13) Halazepam
(23)Haloxazolam
(24)Ketazolam
(25)Loprazolam
(26)(14) Lorazepam
(27)Lormetazepam
(28)(15) Mebutamate
(29)Medazepam
(30)(16) Meprobamate
(31)(17) Methohexital
(32)(18) Methylphenobarbital
(33)Nimetazepam
(34)Nitrazepam
(35)Nordiazepam
(36)(19) Oxazepam
(37)Oxazolam
(38)(20) Paraldehyde
(39)(21) Petrichloral
(40)(22) Phenobarbital
(41)Pinazepam
(42)(23) Prazepam
(43)(24) Temazepam
(44)Tetrazepam
(45)Triazolam."
SECTION 2. Section 44-53-360(c) and (e) of the 1976 Code are amended to read:
"(c) No controlled substances included in any schedule may be distributed or dispensed for other than a medical purpose. No practitioner shall may dispense any a 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 Department of Health and Environmental Control. No practitioner shall may dispense any a controlled substances substance outside of a bona fide physician-patient practitioner-patient relationship. No practitioner shall dispense any controlled substance for any use other than the uses approved by the Federal Food and Drug Administration or unless an investigation of new drug application for the substance has been obtained and approved by the Federal agency and a copy thereof filed with the department.
Provided, that the labelling required under federal law to accompany certain drug products (commonly known in the medically related professions as the `package insert') shall be prima facie evidence of the approved uses for such drug, unless otherwise specifically provided by statute or regulation of the Department or the State Board of Medical Examiners, and such labelling shall be admissible as evidence in any judicial or administrative proceeding for the sole purpose of demonstrating the approved uses for such drug. In the event that there has been a change in labeling for a particular drug product, the content of the labelling 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 be deemed to contain the `approved use' of the drug product within the meaning of this section. Nothing in this section shall be deemed to modify any of the provisions of Section 40-47-65."
"(e) Prescriptions for controlled substances in Schedules II through V, inclusive, shall must not exceed one hundred twenty twenty-four dosage units or a thirty-day thirty-one day supply in accordance with dosage instructions, whichever quantity is the lesser. Prescriptions for Schedule II substances shall must be dispensed within thirty days of the date of issue, after which time they shall be are deemed void."
SECTION 3. Section 44-53-710 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have has exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."
SECTION 4. Section 44-53-720 of the 1976 Code is amended to read:
"Section 44-53-720. Methadone and its salts are restricted to:
(a1) To use in treatment, maintenance, or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health as approved by the Department of Health and Environmental Control.;
(b2) To dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control.;
(3) dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5."
SECTION 5. Section 44-53-730 of the 1976 Code is amended:
"Section 44-53-730. No supplier, distributor, or manufacturer shall may sell or distribute methadone or its salts to anyone other than a facility licensed by the Department of Health and Environmental Control or the South Carolina Department of Mental Health an entity for use, except as provided for in Section 44-53-720."
SECTION 6. Section 44-53-740 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 44-53-740. The Board of the Department of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article. Such regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or a facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."
SECTION 7. This act takes effect July 1, 1996.