South Carolina General Assembly
116th Session, 2005-2006

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A18, R4, H3226

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Mahaffey and Umphlett
Document Path: l:\council\bills\nbd\11103ac05.doc
Companion/Similar bill(s): 306

Introduced in the House on January 11, 2005
Introduced in the Senate on February 1, 2005
Last Amended on January 27, 2005
Passed by the General Assembly on February 8, 2005
Governor's Action: February 15, 2005, Signed

Summary: Transfers of original prescription information between pharmacies

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/22/2004  House   Prefiled
  12/22/2004  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs
   1/11/2005  House   Introduced and read first time HJ-137
   1/11/2005  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-137
   1/13/2005  House   Member(s) request name added as sponsor: Umphlett
   1/26/2005  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-2
   1/27/2005  House   Amended HJ-13
   1/27/2005  House   Read second time HJ-13
   1/27/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-13
   1/28/2005  House   Read third time and sent to Senate HJ-1
    2/1/2005  Senate  Introduced and read first time SJ-11
    2/1/2005  Senate  Referred to Committee on Medical Affairs SJ-11
    2/2/2005  Senate  Recalled from Committee on Medical Affairs SJ-12
    2/3/2005  Senate  Read second time SJ-12
    2/8/2005  Senate  Read third time and enrolled SJ-23
   2/10/2005          Ratified R 4
   2/15/2005          Signed By Governor
   2/17/2005          Copies available
   2/17/2005          Effective date 02/15/05
    3/2/2005          Act No. 18

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/22/2004
1/26/2005
1/27/2005
2/2/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A18, R4, H3226)

AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Be it enacted by the General Assembly of the State of South Carolina:

Transfer of prescriptions and refills between pharmacies

SECTION    1.    Section 40-43-86(G) of the 1976 Code is amended to read:

"(G)(1)    The transfer of original prescription information for the purpose of dispensing refills is permissible between licensed or permitted pharmacies subject to these requirements:

(a)    The transfer must be communicated directly between two pharmacists and not by one pharmacist accessing an information file containing data for several locations, unless all locations accessed are under common ownership or accessed pursuant to contractual agreement of the pharmacies.

(b)    The transferring pharmacist shall void any remaining refills and so mark the face of the prescription retained by the transferring pharmacist or record information electronically.

(c)    The transferring pharmacist shall record the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription or record information electronically.

(2)    The transferring pharmacist shall record in writing the date of the transfer and the name of the pharmacist transferring the information or record information electronically.

(3)    The transferring pharmacist shall record on the prescription transferred or record information electronically that the receiving pharmacist is authorized to dispense all remaining refills based on the original prescription, if such is the case.

(4)    The pharmacist receiving the transferred prescription information shall record in writing or electronically the following:

(a)    the word 'transfer' on the face of the transferred prescription;

(b)    any information required to be on a prescription, including:

(i)        the date of issuance of the original prescription;

(ii)    the date and time of transfer;

(iii)    the pharmacy's name, address, and original prescription number from which the prescription information was transferred;

(c)    the name of the transferring pharmacist;

(d)    the manufacturer or brand name of drug dispensed; and

(e)    documentation that the receiving pharmacist shall dispense refills based on the transferring pharmacist's certification under subsection (G)(3).

(5)    The requirements of this section may be facilitated by use of a computer, data, or facsimile.

(6)    All records pertinent to this section must be readily available.

(7)    Both the original and transferred prescription drug order must be maintained for a period of two years from the date of last refill.

(8)    The transfer must be in compliance with current state and federal laws on controlled substances.

(9)    The transfer of prescription information for the purpose of dispensing authorized refills is permissible between pharmacies where all pharmacies are under common ownership and access prescription information through a common computerized data system, subject to subsection (G)(1)(c), (G)(2), (G)(5), (G)(6), (G)(7), and (G)(8)."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 10th day of February, 2005.

Approved the 15th day of February, 2005.

__________


This web page was last updated on Friday, December 4, 2009 at 3:39 P.M.