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Current Status Bill Number:View additional legislative information at the LPITS web site.959 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000111 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:l:\council\bills\nbd\11570ac00.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Narcotics and Drugs, Controlled substances, Methadone, Butorphanol; Prescriptions, Health and Environmental Control History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000425 Introduced, read first time, 27 H3M referred to Committee Senate 20000420 Read third time, sent to House Senate 20000419 Read second time ------ 20000413 Scrivener's error corrected Senate 20000412 Committee report: Favorable 13 SMA Senate 20000111 Introduced, read first time, 13 SMA referred to Committee Senate 19991207 Prefiled, referred to Committee 13 SMA Versions of This Bill Revised on April 12, 2000 - Word format Revised on April 13, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 12, 2000
S. 959
S. Printed 4/12/00--S. [SEC 4/13/00 12:23 PM]
Read the first time January 11, 2000.
To whom was referred a Bill (S. 959), to amend Section 44-53-250, as amended, Code of Laws of South Carolina, 1976, relating to Schedule IV controlled substances, so as to include "butorphanol", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS L. MOORE, for Committee.
TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO INCLUDE "BUTORPHANOL" AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360 RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO REVISE REFERENCES, DELETE CERTAIN PROVISIONS CONCERNING LABELING OF THESE PRESCRIPTION DRUGS, AND TO INCREASE THE MAXIMUM DOSAGE UNITS THAT MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO STATE AGENCIES HAVING CONTROL OVER METHADONE, SO AS TO REMOVE SUCH CONTROL FROM STATE AGENCIES AND PLACE THE CONTROL EXCLUSIVELY WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-53-720 RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM THIS SECTION TO PROVISIONS GIVING EXCLUSIVE CONTROL TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO AUTHORIZE DISPENSING METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; AND TO AMEND SECTION 44-53-730 RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, AND SECTION 44-53-740, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROMULGATING REGULATIONS RELATING TO METHADONE AND OTHER CONTROLLED SUBSTANCES, BOTH SO AS TO CONFORM THESE SECTIONS TO PROVISIONS GIVING EXCLUSIVE CONTROL OF METHADONE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-250 of the 1976 Code, as last amended by Act 456 of 1994, is amended by adding at the end:
"( ) Butorphanol"
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 Heath 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 deemed are void."
SECTION 3. Section 44-53-710 of the 1976 Code, as last 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:
(a)(1) 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.
(b)(2) 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 to read:
"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 last 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 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 upon approval by the Governor.
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