Reference is to Printer's Date 5/16/13-H.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ____. Section 44-53-620 of the 1976 Code is amended to read:
"Section 44-53-620.
As used in this article unless the context clearly
indicates otherwise:
(a)
'Department' means the Department of Health and
Environmental Control;
(b)
'Director' means the Director of the Department of
Health and Environmental Control;
(b)(c)
'Marijuana' means marijuana, all tetrahydrocannabinols or
a chemical derivative of any tetrahydrocannabinol;
(c)(d)
'practitioner' means a physician licensed to practice
medicine in this State and licensed to prescribe and administer
drugs which are subject to regulation under the provisions of
Article 3, Chapter 53, of Title 44 of
the 1976 Code."
SECTION ____. Section 44-53-630 of the 1976 Code is amended to read:
"Section 44-53-630.
(A) There is established in the Department of
Health and Environmental Control department a
controlled substances therapeutic research program. The program
shall must be administered by the
director. The program shall distribute to cancer chemotherapy
and radiology patients and to glaucoma patients who are
certified pursuant to this article marijuana under the terms and
conditions of this article for the purpose of alleviating the
patient's discomfort, nausea and other painful side effects of
their disease or chemotherapy treatments. The
department shall promulgate regulations necessary for the proper
administration of this article and in such promulgation, the
department shall take into consideration those pertinent
regulations promulgated by the Drug Enforcement Agency, U. S.
Department of Justice; Food and Drug Administration; the
National Institute on Drug Abuse, and the National Institutes of
Health.
(B) Except as provided
in subsection (c) of Section
44-53-640(C), the controlled substances therapeutic
research program shall be is limited to
cancer chemotherapy and radiology patients and glaucoma
patients, who are certified to the patient qualification review
advisory board by a practitioner as being involved
in facing a life-threatening or
sense-threatening situation and who are not responding to
conventional controlled substances or where the conventional
controlled substances administered have proven to be effective
but where the patient has incurred severe side effects."
SECTION ____. Section 44-53-640 of the 1976 Code is amended to read:
"Section 44-53-640.
(A) The director shall appoint a
Patient Qualification Review Advisory Board to serve at his
pleasure. The Patient Qualification Review Advisory Board
shall be is comprised of:
(1)
a physician licensed to practice medicine in South
Carolina and certified by the American Board of Ophthalmology;
(2)
a physician licensed to practice medicine in South
Carolina and certified by the American Board of Internal
Medicine and also certified in the subspecialty of medical
oncology;
(3)
a physician licensed to practice medicine in South
Carolina and certified by the American Board of Psychiatry; and
(4)
a pharmacologist holding a Doctoral degree or its
equivalent.
Members of the board shall
must be paid the usual per diem, mileage and subsistence
as provided by law for members of boards, commissions and
committees.
(B) The department
shall review all applicants for patients
applyng to participate in the controlled substances
therapeutic research program and their licensed
practitioners and certify their participation
these patients meet the requirements to participate in
the program.
(C) The department, in
its discretion, may include other disease groups for
participation in the controlled substances therapeutic research
program after pertinent medical data have been presented by a
practitioner to both the director and the department and
after necessary approval is received by the appropriate federal
agencies."
SECTION ___. Section 44-53-650 of the 1976 Code is amended to read:
"Section 44-53-650.
(A) The director shall obtain
marijuana through whatever means he deems most
appropriate consistent with federal law only from
individuals who are licensed by the department and who meet the
qualifications set forth in subsection (B).
(C) The
director shall cause such analyzed marijuana to
be transferred to various locations throughout the State
that which provide adequate security as
set forth in federal and state regulations for the purpose of
distributing such marijuana to the certified
patient in such manner as is consistent with federal
law. The department must not dispense marijuana to
a patient unless the patient provides a valid prescription
signed by a practitioner and pays a fee to be determined by the
department. The patient shall not be required
to pay for such the marijuana.
but The director may charge the patient
for ancillary medical services provided by the department to
compensate the department for the cost, if any, of securing
such the marijuana, and
providing it to the patient."
SECTION ____. Article 4, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-655. Beginning no later than 2014-15, the general assembly shall appropriate sufficient funds in the annual general appropriations act to implement this article."
SECTION ____. Article 4, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-657. The department shall promulgate regulations pursuant to the Administrative Procedures Act to implement this program which are consistent with other provisions of law." /
Renumber sections to conform.
Amend title to conform.