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COMMITTEE REPORT
April 10, 2002
H. 4981
S. Printed 4/10/02--H.
Read the first time March 26, 2002.
To whom was referred a Bill (H. 4981) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-53-365 so as to provide specific penalties for theft of a controlled substance, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-53-365(B), page 2, line 4 by deleting /felony/ and inserting /misdemeanor/; So when amended Section 44-53-365(B) reads:
/(B) A person who knowingly and intentionally violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined not more than two thousand dollars, or both. Upon conviction of a second or subsequent violation of subsection (A), a person must be imprisoned for not more than five years./
Amend the bill, further, Section 44-53-360(e), page 2, line 14 after /inclusive,/ by inserting /with the exception of transdermal patches,/; so when amended Section 44-53-360(e) reads:
/(e) Prescriptions for controlled substances in Schedules II through V, inclusive, with the exception of transdermal patches, must not exceed one hundred twenty-four dosage units or a thirty-one day supply in accordance with dosage instructions, whichever quantity is the lesser. Prescriptions for Schedule II substances must be dispensed within thirty sixty days of the date of issue, after which time they are void./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE 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 TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Be it enacted by the General Assembly of the State of South Carolina:
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) is guilty of a felony and, upon conviction, must be imprisoned for not more than two years or fined not more than two thousand dollars, or both. Upon conviction of a second or subsequent violation of subsection (A), a person must be imprisoned for not more than five years."
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, must not exceed one hundred twenty-four dosage units or a thirty-one day supply in accordance with dosage instructions, whichever quantity is the lesser. Prescriptions for Schedule II substances must be dispensed within thirty sixty days of the date of issue, after which time they are void."
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. The Department of Health and Environmental Control is authorized to audit records of sale of hypodermic needles and devices sold by any provider and is empowered to promulgate rules and regulations necessary for the effective enforcement of this article, which rules and regulations shall have force of law unless overturned by a court of competent jurisdiction.
Provided, Nothing in this article shall apply 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.
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