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H. 3998
STATUS INFORMATION
General Bill
Sponsors: Reps. Fry, Dillard, Erickson, Davis, Wooten, Trantham and Hewitt
Document Path: l:\council\bills\gt\6032vr21.docx
Introduced in the House on March 2, 2021
Introduced in the Senate on April 27, 2021
Last Amended on May 12, 2022
Currently residing in the House
Summary: Prescription Monitoring Program, Schedule V controlled substances
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/2/2021 House Introduced and read first time (House Journal-page 11)
3/2/2021 House Referred to Committee on Medical, Military, Public and
Municipal Affairs (House Journal-page 11)
4/15/2021 House Committee report: Majority favorable, minority
unfavorable Medical, Military, Public and Municipal
Affairs (House Journal-page 15)
4/21/2021 House Read second time (House Journal-page 9)
4/21/2021 House Roll call Yeas-81 Nays-24 (House Journal-page 9)
4/22/2021 House Read third time and sent to Senate
(House Journal-page 39)
4/27/2021 Senate Introduced and read first time (Senate Journal-page 5)
4/27/2021 Senate Referred to Committee on Medical Affairs
(Senate Journal-page 5)
5/5/2022 Senate Committee report: Favorable with amendment Medical
Affairs (Senate Journal-page 5)
5/11/2022 Senate Read second time (Senate Journal-page 33)
5/12/2022 Scrivener's error corrected
5/12/2022 Senate Committee Amendment Withdrawn (Senate Journal-page 136)
5/12/2022 Senate Amended (Senate Journal-page 136)
5/12/2022 Senate Read third time and returned to House with amendments
(Senate Journal-page 136)
5/12/2022 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 136)
5/23/2022 Scrivener's error corrected
View the latest legislative information at the website
VERSIONS OF THIS BILL
3/2/2021
4/15/2021
4/19/2021
5/5/2022
5/11/2022
5/12/2022
5/12/2022-A
5/23/2022
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 12, 2022
H. 3998
Introduced by Reps. Fry, Dillard, Erickson, Davis, Wooten, Trantham and Hewitt
S. Printed 5/12/22--S. [SEC 5/23/22 1:57 PM]
Read the first time April 27, 2021.
TO AMEND SECTIONS 44-53-1630 AND 44-53-1640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE PRESCRIPTION MONITORING PROGRAM, SO AS TO ADD SCHEDULE V CONTROLLED SUBSTANCES TO THE PRESCRIBED AND DISPENSED CONTROLLED SUBSTANCES MONITORED UNDER THE PROGRAM.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-80. (A) A person who unlawfully delivers, dispenses, or otherwise provides a fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance, commits the felony offense of fentanyl-induced homicide.
(B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.
(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person."
SECTION 2. Section 16-1-10(D) of the 1976 Code is amended by adding a new offense to read:
"16-3-80 Fentanyl-induced homicide"
SECTION 3. Section 44-53-190(B) of the 1976 Code is amended by adding appropriately numbered new items at the end to read:
"__. Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:
a. replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
b. substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
c. substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
d. replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
e. replacement of the N-propionyl group by another acyl group or hydrogen.
This definition includes, but is not limited to, the following substances: Methylacetyl fentanyl, Alpha methylfentanyl, Methylthiofentanyl, Benzylfentanyl, Beta hydroxyfentanyl, Beta hydroxy 3 methylfentanyl, 3 Methylfentanyl, Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl.
__. Benzamidazole-compounds to include:
a. 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: butonitazene);
b. 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other names: etodesnitazene, etazene);
c. N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: flunitazene);
d. N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: metodesnitazene);
e. N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: metonitazene);
f. 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other names: N-pyrrolidino etonitazene, etonitazepyne);
g. N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine, its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers (other name: protonitazene)."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent, or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on May 23, 2022 at 2:32 PM