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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 23, 2002
S. Printed 5/23/02--S.
Read the first time April 16, 2002.
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.
Amend Title To Conform
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):
(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
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:
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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