Bill 1311

                    Current Status

Introducing Body:               Senate
Bill Number:                    1311
Ratification Number:            336
Act Number:                     303
Primary Sponsor:                Giese
Type of Legislation:            GB
Subject:                        Prescriptions, nurse
                                practitioner
Companion Bill Number:          4444
Date Bill Passed both Bodies:   Mar 26, 1992
Computer Document Number:       BR1/2135.AC
Governor's Action:              S
Date of Governor's Action:      Apr 08, 1992
Introduced Date:                Feb 19, 1992
Last History Body:              ------
Last History Date:              Apr 08, 1992
Last History Type:              Act No. 303
Scope of Legislation:           Statewide
All Sponsors:                   Giese
                                Rose
                                Drummond
                                Mullinax
                                Hinson
                                Nell
                                W. Smith
                                Fielding
                                McConnell
                                Peeler
                                Courtney
                                McGill
                                Passailaigue
                                Lourie
                                Land
                                Leatherman
                                Saleeby
                                Reese
                                Moore
                                Shealy
                                Gilbert
                                Wilson
                                Robert
                                W. Hayes
                                Jr.
                                Courson
                                Martschink
                                Patterson
                                Russell
                                Bryan
                                Helmly
                                Hinds
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1311  ------  Apr 08, 1992  Act No. 303
 1311  ------  Apr 08, 1992  Signed by Governor
 1311  ------  Apr 02, 1992  Ratified R 336
 1311  House   Mar 26, 1992  Read third time, enrolled for
                             ratification
 1311  House   Mar 25, 1992  Read second time
 1311  House   Mar 24, 1992  Debate interrupted by
                             adjournment
 1311  House   Mar 18, 1992  Committee Report: Favorable     27
 1311  House   Feb 25, 1992  Introduced, read first time,    27
                             referred to Committee
 1311  Senate  Feb 21, 1992  Read third time, sent to House
 1311  Senate  Feb 20, 1992  Read second time, unanimous
                             consent for third reading on
                             Friday, February 21, 1992
 1311  Senate  Feb 19, 1992  Introduced, read first time,
                             placed on Calendar without
                             reference

(A303, R336, S1311)

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.