Current Status Introducing Body:Senate Bill Number:1071 Ratification Number:392 Act Number:353 Primary Sponsor:Bryan Type of Legislation:GB Subject:Practitioner, prescribed drugs Date Bill Passed both Bodies:19940421 Computer Document Number:CYY/15555AC.94 Governor's Action:S Date of Governor's Action:19940503 Introduced Date:19940120 Date of Last Amendment:19940301 Last History Body:------ Last History Date:19940503 Last History Type:Act No. 353 Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1071 ------ 19940503 Act No. 353
1071 ------ 19940503 Signed by Governor
1071 ------ 19940427 Ratified R 392
1071 House 19940421 Read third time, enrolled for
ratification
1071 House 19940420 Read second time
1071 House 19940406 Committee Report: Favorable 27
1071 House 19940303 Introduced, read first time, 27
referred to Committee
1071 Senate 19940302 Read third time, sent to House
1071 Senate 19940301 Amended, read second time
1071 Senate 19940224 Committee Report: Favorable 13
with amendment
1071 Senate 19940120 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
(A353, R392, S1071)
AN ACT TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS, AND TO AUTHORIZE PHYSICIANS TO DISPENSE NONCONTROLLED DRUGS AT FREE CLINICS IF NO PHARMACIST IS AVAILABLE AND IF THE DRUGS ARE PROPERLY LABELED.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of practitioners expanded; physician to prescribe drugs in free clinics
SECTION 1. Section 40-43-360 of the 1976 Code, as last amended by Act 65 of 1993, is further amended to read:
"Section 40-43-360. (A) For the purposes of Sections 40-43-360 to 40-43-460, `drug outlet' means any outlet for the sale, distribution, or dispensing of drugs bearing the legend `Caution - federal law prohibits dispensing without a prescription' including, but not limited to, pharmacies (institutional or community, public or private), nursing homes, hospitals, convalescent homes, extended care facilities, family planning clinics, public or private health clinics, infirmaries, wholesalers, correctional institutions, industrial health clinics which possess legend drugs, mail order vendors, and manufacturers within this State.
(B) For the purposes of this section, medical practitioners dispensing drugs in the treatment of their patients and pharmacists are not considered drug outlets. The distribution of complimentary drug samples by manufacturer's representatives to pharmacists licensed to dispense and to practitioners in this State who are legally authorized to prescribe does not require a permit for a drug outlet within the meaning of this chapter.
(C) `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, physician's assistant, therapeutically certified optometrist, 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, Section 40-33-30.
(D) A physician may dispense noncontrolled prescription drugs at an entity that provides free medical services if no pharmacist is available. All noncontrolled prescription drugs must be labeled as required by Section 39-23-55."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 3rd day of May, 1994.