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4981Ratification Number: 433Act Number: 365Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020326Primary Sponsor: LourieAll Sponsors: Lourie and J.E. SmithDrafted Document Number: l:\council\bills\nbd\11345ac02.docDate Bill Passed both Bodies: 20020529Date of Last Amendment: 20020523Governor's Action: SDate of Governor's Action: 20020926Subject: Controlled substances, theft and dispensing of; provisions repealed relating to hypodermic needle sales recordsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20021007 Act No. A365 ------ 20020926 Signed by Governor ------ 20020604 Ratified R433 House 20020529 Concurred in Senate amendment, enrolled for ratification Senate 20020523 Amended, read third time, returned to House with amendment Senate 20020522 Amended Senate 20020516 Read second time Senate 20020515 Committee report: Favorable 11 SJ Senate 20020416 Introduced, read first time, 11 SJ referred to Committee House 20020412 Read third time, sent to Senate House 20020411 Read second time, unanimous consent for third reading on Friday, 20020412 House 20020411 Amended House 20020410 Committee report: Favorable with 25 HJ amendment House 20020326 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 10, 2002 - Word format Revised on April 11, 2002 - Word format Revised on May 15, 2002 - Word format Revised on May 22, 2002 - Word format Revised on May 23, 2002 - Word format
(A365, R433, H4981)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO CREATE A FELONY OFFENSE FOR THEFT OF A CONTROLLED SUBSTANCE AND TO PROVIDE A PENALTY OF UP TO FIVE YEARS AND FIVE THOUSAND DOLLARS FOR A FIRST OFFENSE AND UP TO TEN YEARS AND TEN THOUSAND DOLLARS FOR A SUBSEQUENT OFFENSE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO ONLY AUTHORIZE PRESCRIBING A THIRTY-ONE DAY SUPPLY OF SCHEDULE II THROUGH V CONTROLLED SUBSTANCES, RATHER THAN ALSO AUTHORIZING PRESCRIPTIONS FOR UP TO ONE HUNDRED TWENTY DOSAGE UNITS, TO EXEMPT TRANSDERMAL PATCHES FROM THIS LIMITATION, AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A SCHEDULE II CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS, PROMULGATE REGULATIONS, AND EXEMPTIONS FROM CERTAIN HYPODERMIC NEEDLE SALES REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Be it enacted by the General Assembly of the State of South Carolina:
Felony created; penalties provided
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-365. (A) It is unlawful for a person to take or exercise control over a controlled substance belonging to another person or entity with the intent to deprive the person or entity of the controlled substance.
(B) A person who knowingly and intentionally violates subsection (A):
(1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and
(2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both."
SECTION 2. Section 44-53-360(e) of the 1976 Code is amended to read:
"(e) Prescriptions for controlled substances in Schedules II through V, inclusive, with the exception of transdermal patches, must not exceed a thirty-one day supply. Prescriptions for Schedule II substances must be dispensed within sixty days of the date of issue, after which time they are void."
Identification required to fill a prescription
SECTION 3. Section 44-53-360 of the 1976 Code is amended by adding at the end:
"(i) A prescription for a controlled substance in Schedules II through V may not be filled unless the dispenser knows the recipient or requires proper identification and notes the identification source on the prescription."
SECTION 4. Section 44-53-950 of the 1976 Code is amended to read:
"Section 44-53-950. Nothing in this article applies to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics."
SECTION 5. Sections 44-53-910, 44-53-920, and 44-53-940 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 4th day of June, 2002.
Approved the 26th day of September, 2002.
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