S*1311(Rat #0336, Act #0303 of 1992)  General Bill, By Giese, Bryan, Courson, 
Courtney, Drummond, H.U. Fielding, F. Gilbert, Hayes, R.L. Helmly, D.L. Hinds, 
C.T. Hinson, Land, Leatherman, I.E. Lourie, S.S. Martschink, McConnell, McGill, 
Moore, M.F. Mullinax, Passailaigue, Patterson, Peeler, Reese, M.T. Rose, 
Russell, Saleeby, R.C. Shealy, N.W. Smith and Wilson
 A Bill to amend Section 40-43-150, as amended, Code of Laws of South Carolina,
 1976, relating to the sale of prescription drugs, so as to include a nurse
 practitioner among those professionals who may prescribe drugs; and to amend
 Section 40-43-360, relating to definitions in the regulation of pharmacists,
 so as to include nurse practitioner in the definition of "practitioner".

   02/19/92  Senate Introduced, read first time, placed on calendar
                     without reference SJ-8
   02/20/92  Senate Read second time SJ-19
   02/20/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-19
   02/21/92  Senate Read third time and sent to House SJ-3
   02/25/92  House  Introduced and read first time HJ-13
   02/25/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-13
   03/18/92  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-4
   03/24/92  House  Debate interrupted HJ-32
   03/25/92  House  Read second time HJ-26
   03/26/92  House  Read third time and enrolled HJ-16
   04/02/92         Ratified R 336
   04/08/92         Signed By Governor
   04/08/92         Effective date 04/08/92
   04/08/92         Act No. 303
   04/24/92         Copies available

AN ACT TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".

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

Nurse practitioners may prescribe drugs

SECTION 1. Section 40-43-150 of the 1976 Code, as last amended by Act 548 of 1988, is further amended to read:

"Section 40-43-150. (A) It is unlawful for a person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian a drug bearing on its manufacturer's or distributor's original commercial container the legend, `CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as `dangerous drugs' within the meaning of this section.

(B) The prescription must be compounded only by a licensed pharmacist, licensed assistant pharmacist, or under the direct personal supervision of a licensed pharmacist. No prescription may be refilled except upon the authorization of a licensed medical or osteopathic physician, podiatrist, dentist, nurse practitioner, or veterinarian who prescribed it.

(C) This section does not apply to the sale at wholesale by recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or drug outlets or licensed medical or osteopathic physicians, podiatrists, dentists, or veterinarians qualified to practice their professions according to the laws of this State, nor to the sale by pharmacists in drug outlets to one another. This section applies to the sale by a manufacturer, wholesaler, or retailer to a person other than those legally qualified and authorized to purchase and hold them for resale in this State."

Practitioner defined to include nurse practitioner

SECTION 2. The third paragraph of Section 40-43-360 of the 1976 Code is amended to read:

"`Pharmacy' means an outlet dispensing drugs on the order of a practitioner licensed to prescribe drugs. `Practitioner' means a physician, dentist, osteopath, podiatrist, nurse practitioner, or veterinarian licensed by any state or territory (other than pharmacists engaged in the practice of pharmacy) to prescribe with regard to drugs or devices in the course of professional practice or research. Nothing in this section supersedes the Nursing Dispensing Act."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of April, 1992.