South Carolina General Assembly

121st Session, 2015-2016

H. 4863

STATUS INFORMATION

General Bill

Sponsors: Reps. G.M.Smith, Weeks and Delleney

Document Path: l:\council\bills\agm\18785ab16.docx

Companion/Similar bill(s): 3221

Introduced in the House on February 9, 2016

Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Prescription drugs

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/9/2016HouseIntroduced and read first time (House Journalpage44)

2/9/2016HouseReferred to Committee on Medical, Military, Public and Municipal Affairs (House Journalpage44)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/9/2016

ABILL

TO AMEND SECTION 404386, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROHIBITION ON THE POSSESSION, DISPENSATION, OR DISTRIBUTION OF CERTAIN DRUGS AND DEVICES WITHOUT A PRESCRIPTION UNDER THE PHARMACY PRACTICE ACT, SO AS TO CLARIFY AN EXCEPTION PERMITTING A PERSON TO POSSESS IN A PILL BOX DRUGS PRESCRIBED TO HIM, AND TO DEFINE NECESSARY TERMINOLOGY.

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

SECTION1.Section 404386(EE) of the 1976 Code is amended to read:

“(EE)(1)(a)Except as provided initem (2) andsubsection (S), it is unlawful for a person to possess, dispense, or distribute in this State, except on a prescription of a licensed practitioner, anyadrug or device, as defined in Section 392320, bearingthat boreon its manufacturer’s or distributor’s original commercial container the legend, ‘Caution: Federal law prohibits dispensing without prescription’, ‘Rx Only’, ‘Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian’, or ‘Caution: Federal law restricts device for sale by or on the order of a _’.

(b)A person who violates this subsectionitemis guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both.

(2)Notwithstanding the provisions of item (1), a person may possess and store in a pill box a drug prescribed to him by a licensed practitioner for his use; provided, however, upon request by law enforcement or within thirty days thereafter, he must be able to produce a valid prescription for the drug or written statement of the prescribing licensed practitioner attesting that the practitioner had prescribed the drug for use by the patient. For the purposes of this subsection, ‘pill box’ means a special, compartmentalized container intended and used to store scheduled doses of a person’s medications.”

SECTION2.This act takes effect upon approval by the Governor.

XX

[4863]1