South Carolina General Assembly
122nd Session, 2017-2018

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H. 3822

STATUS INFORMATION

General Bill
Sponsors: Reps. Fry, Bedingfield, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Bennett, Crosby, Long, Putnam, Cogswell and Whipper
Document Path: l:\council\bills\cc\15015vr17.docx

Introduced in the House on February 22, 2017
Introduced in the Senate on May 10, 2017
Passed by the General Assembly on April 17, 2018

Summary: Controlled substance schedules

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/22/2017  House   Introduced and read first time (House Journal-page 39)
   2/22/2017  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 39)
   2/28/2017  House   Member(s) request name added as sponsor: Arrington, 
                        Allison, Tallon, Hamilton, Felder, Elliott
    3/7/2017  House   Member(s) request name added as sponsor: Jordan, 
                        B.Newton, Martin, Erickson, West, Lowe, Ryhal, 
                        Atwater, Willis, Jefferson, W.Newton, Bennett, Crosby, 
                        Long
    3/8/2017  House   Member(s) request name added as sponsor: Putnam, Cogswell
    5/4/2017  House   Recalled from Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 44)
    5/9/2017  House   Member(s) request name added as sponsor: Whipper
    5/9/2017  House   Read second time (House Journal-page 104)
    5/9/2017  House   Roll call Yeas-97  Nays-0 (House Journal-page 105)
   5/10/2017  House   Read third time and sent to Senate 
                        (House Journal-page 20)
   5/10/2017  Senate  Introduced and read first time (Senate Journal-page 4)
   5/10/2017  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 4)
   3/15/2018  Senate  Committee report: Favorable Medical Affairs 
                        (Senate Journal-page 13)
   3/29/2018  Senate  Read second time (Senate Journal-page 46)
   3/29/2018  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 46)
   4/17/2018  Senate  Read third time and enrolled (Senate Journal-page 10)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/22/2017
5/4/2017
3/15/2018

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

COMMITTEE REPORT

March 15, 2018

H. 3822

Introduced by Reps. Fry, Bedingfield, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Bennett, Crosby, Long, Putnam, Cogswell and Whipper

S. Printed 3/15/18--S.

Read the first time May 10, 2017.

            

THE COMMITTEE ON MEDICAL AFFAIRS

To whom was referred a Bill (H. 3822) to amend Section 44-53-160, as amended, Code of Laws of South Carolina, 1976, relating to the process for making changes to controlled substance schedules, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

HARVEY S. PEELER, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

Explanation of Fiscal Impact

Introduced February 22, 2017

State Expenditure

The Department of Health and Environmental Control is currently required to report any changes made to the schedules listing controlled substances to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House. This bill requires the department to also notify the Code Commissioner of any changes to these schedules.

Department of Health and Environmental Control. The department reports that this bill would have no expenditure impact on the general fund, federal funds, or other funds, as the department already has procedures in place to notify the required State officials of any changes.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

A BILL

TO AMEND SECTION 44-53-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCESS FOR MAKING CHANGES TO CONTROLLED SUBSTANCE SCHEDULES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE CODE COMMISSIONER OF ADDITIONS, DELETIONS, AND RESCHEDULING OF SUBSTANCES.

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

SECTION    1.    Section 44-53-160(B) and (C) of the 1976 Code, as last amended by Act 140 of 2012, is further amended to read:

"(B) Except as otherwise provided in this section, during the time the General Assembly is not in session, the department may add, delete, or reschedule a substance as a controlled substance after providing notice and a hearing to all interested parties. The addition, deletion, or rescheduling of a substance pursuant to this subsection has the full force of law unless overturned by the General Assembly. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change.

(C) If a substance is added, deleted, or rescheduled as a controlled substance pursuant to federal law or regulation, the department shall, at the first regular or special meeting of the South Carolina Board of Health and Environmental Control within thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance in the appropriate schedule. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection has the full force of law unless overturned by the General Assembly. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection must be in substance identical with the order published in the federal register effecting the change in federal status of the substance. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, and to the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change."

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

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This web page was last updated on April 18, 2018 at 8:52 AM