Bill Text: SC S0016 | 2019-2020 | 123rd General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Emergency prescription refills

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2020-03-26 - Act No. 117 [S0016 Detail]

Download: South_Carolina-2019-S0016-Comm_Sub.html

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COMMITTEE AMENDMENT ADOPTED AND AMENDED

January 24, 2019

S. 16

Introduced by Senator Rankin

S. Printed 1/24/19--S.    [SEC 1/25/19 1:53 PM]

Read the first time January 8, 2019.

            

A BILL

TO AMEND SECTION 40-43-86(P) OF THE 1976 CODE, RELATING TO EMERGENCY REFILLS OF PRESCRIPTIONS BY PHARMACISTS, TO INCREASE THE AMOUNT OF A PRESCRIPTION THAT MAY BE REFILLED WHEN AUTHORIZATION FROM THE PRESCRIBER IS NOT OBTAINABLE FROM A TEN-DAY SUPPLY TO A THIRTY-DAY SUPPLY, AND TO PROVIDE CONDITIONS.

Amend Title To Conform

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

SECTION    1.    Section 40-43-86(P) of the 1976 Code is amended to read:

"(P)    If a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense, once within a twelve-month period, an emergency refill of up to a ten-day fourteen-day supply of the prescribed medication if:

(1)    the prescription is not for a controlled substance;

(2)    the medication is essential to the maintenance of life or to the continuation of therapy;

(3)    in the pharmacist's professional judgment, continuing the therapy for up to ten fourteen days will produce no undesirable health consequences or cause physical or mental discomfort;

(4)    the pharmacist properly records the dispensing; and

(5)    the dispensing pharmacist notifies the prescriber of the refill and the amount of the refill, not to exceed a ten-day fourteen-day supply, within a reasonable time, but no later than ten days after the once in twelve months refill dispensing.

In the event that a pharmacist is unable to dispense an emergency refill for the time period specified in this subsection due to the medication's packaging, the pharmacist is permitted to dispense up to a thirty-day quantity of the medication so long as the requirements contained in this subsection are otherwise met."

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