reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-720. Restrictions on use of methadone.

Methadone and its salts are restricted to:
(1) use in treatment, maintenance, or detoxification programs as approved by the Department of Health and Environmental Control, including narcotic treatment programs operating pursuant to Section 40-43-72.
(2) dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control.
(3) dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5.
HISTORY: 1976 Code Section 44-53-730; 1962 Code Section 32-1510.83; 1972 (57) 2642; 1980 Act No. 439, Section 1; 2000 Act No. 355, Section 12; 2023 Act No. 43 (H.3870), Section 2, eff May 16, 2023.
Effect of Amendment
2023 Act No. 43, Section 2, in (1), inserted ", including narcotic treatment programs operating pursuant to Section 40-43-72" at the end.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-730. Restrictions on sale and distribution of methadone.

No supplier, distributor, or manufacturer may sell or distribute methadone or its salts to an entity for use, except as provided for in Section 44-53-720.
HISTORY: 1976 Code Section 44-53-740; 1962 Code Section 32-1510.84; 1972 (57) 2642; 1980 Act No. 439, Section 1; 2000 Act No. 355, Section 13.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-740. Promulgation of rules and regulations.

The Board of the Department of Health and Environmental Control shall promulgate regulations necessary to carry out the provisions of this article.
HISTORY: 1976 Code Section 44-53-750; 1962 Code Section 32-1510.85; 1972 (57) 2642; 1980 Act No. 439, Section 1; 1993 Act No. 181, Section 1116; 2000 Act No. 355, Section 14.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-750. Autopsy on person dying while enrolled in program.

An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.
HISTORY: 1976 Code Section 44-53-760; 1962 Code Section 32-1510.86; 1972 (57) 2642; 1980 Act No. 439, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-760. Admission of minors to programs.

Parental consent shall be obtained for all persons under eighteen years of age prior to admission to a methadone maintenance program; provided, that if any court of competent jurisdiction declares a person under eighteen years of age an emancipated minor, then such person may be admitted to the program without parental consent.
HISTORY: 1976 Code Section 44-53-770; 1962 Code Section 32-1510.87; 1972 (57) 2642; 1980 Act No. 439, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-810. Legislative findings.

The General Assembly finds:
(1) that the future of this State rests in the hands of school children;
(2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a secure and healthy future for these children.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-820. Establishment of DARE Fund; purpose.

There is established the Drug Awareness Resistance Education (DARE) Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage the Drug Awareness and Resistance Education Program in this State. The trust fund supplements and augments services provided by government agencies and does not take the place of these services.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-830. Board of directors; membership; terms.

(A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:
(1) the Attorney General, ex officio, or his designee;
(2) two county sheriffs, who shall serve ex officio;
(3) two police chiefs;
(4) two local law enforcement officers assigned to the DARE Program; and
(5) two school principals.
Directors who are not elected officials serve by virtue of their position at the time of appointment.
(B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-840. Board members to be reimbursed for expenses.

Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-850. Powers of board.

In administering this article, the board is authorized, but not limited to:
(1) develop and implement educational programs and campaigns in support of the DARE Program in South Carolina;
(2) make policy recommendations for the DARE Program in South Carolina;
(3) assess the needs of DARE Programs;
(4) determine how the monies in the fund are to be disbursed;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) utilize local resources including volunteers when appropriate.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-860. Chairman; meetings; quorum.

The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-870. Director and staff; maximum administrative costs.

The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue pursuant to Section 12-6-5080.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-880. Use of funds.

Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:
(1) administration of this article including, but not limited to, personnel and board expenses;
(2) development and promotion of the DARE Program in this State;
(3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess fund earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
HISTORY: 1997 Act No. 155, Part II, Section 64B.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-930. Retail sales shall be made only by registered pharmacists or assistant pharmacists; exception.

Sales at retail of hypodermic needles or syringes shall be made only by a registered pharmacist or registered assistant pharmacist through a permitted pharmacy as authorized by Section 40-43-370, except that syringes and hypodermic needles may be sold by persons lawfully selling veterinary medicines as authorized by item (8) of Section 40-69-220 if they register annually with the Department of Health and Environmental Control and pay such registration fee as may be required by the Department and they shall be subject to the provisions of Section 44-53-920.
HISTORY: 1975 (59) 188; 1980 Act No. 383, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-950. Veterinarians and licensed durable medical equipment providers exception.

Nothing in this article applies to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics.
HISTORY: 1975 (59) 188; 2000 Act No. 239, Section 1; 2002 Act No. 365, Section 4, eff September 26, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-960. Penalties.

Any person who sells or purchases at retail any hypodermic needles or syringes, except in accordance with the terms of this article, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than sixty days.
HISTORY: 1962 Code Section 32-1510.123; 1974 (58) 2399.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1110. Prohibition on aromatic hydrocarbons used as intoxicants.

No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any substance containing aromatic hydrocarbons; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
HISTORY: 1962 Code Section 32-1510.91; 1972 (57) 2766.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1120. Unlawful use or possession of aromatic hydrocarbons.

No person shall, for the purpose of violating Section 44-53-1110, use or possess for the purpose of so using, any substance containing aromatic hydrocarbons.
HISTORY: 1962 Code Section 32-1510.92; 1972 (57) 2766.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1130. Penalties.

Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.
HISTORY: 1962 Code Section 32-1510.93; 1972 (57) 2766.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1220. Sale of caustic or corrosive substance in misbranded parcel, package, or container prohibited.

No person shall sell, barter, exchange, receive, hold, pack or display or offer for sale, barter or exchange in the State any dangerous caustic or corrosive substance in a misbranded parcel, package or container designed for household use.
HISTORY: 1962 Code Section 32-1802; 1952 Code Section 32-1802; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1230. Confiscation of misbranded caustic or corrosive substance parcels, packages, or containers.

Any dangerous caustic or corrosive substance in a misbranded parcel, package or container for household use that is being sold, bartered or exchanged or held, displayed or offered for sale, barter or exchange shall be liable to be proceeded against in any magistrate's court and seized for confiscation in a manner provided by law. If such substance is condemned as misbranded by such court, it shall be disposed of by destruction or sale, as the court may direct, and, if sold, the proceeds less the actual costs and charges shall be paid over to the magistrate. But such substance shall not be sold contrary to the provisions of the laws of the State. Such proceedings shall conform as near as may be to the law providing for confiscating goods exposed for sale on Sunday.
But upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof.
HISTORY: 1962 Code Section 32-1803; 1952 Code Section 32-1803; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1240. Enforcement; approval of brands and labels.

The sheriff, deputy sheriffs and other peace officers shall enforce the provisions of this article and may approve and register such brands and labels intended for use under the provisions of this article as may be submitted to them for that purpose and as may in their judgment conform to the requirements of this article. But in any prosecution under this article the fact that any brand or label involved in the prosecution has not been submitted to the sheriff, a deputy sheriff or a peace officer to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this article shall cause appropriate proceedings to be commenced and prosecuted, without delay, for the enforcement of the penalties in such cases herein provided.
HISTORY: 1962 Code Section 32-1804; 1952 Code Section 32-1804; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1250. Penalties.

Any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court.
HISTORY: 1962 Code Section 32-1805; 1952 Code Section 32-1805; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1310. Short title.

This article may be cited as the "Childhood Lead Poisoning Prevention and Control Act".
HISTORY: 1979 Act No. 78, Section 1; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1320. Definitions.

As used in this article, unless the context requires otherwise:
(1) "Accessible surface" means any protruding interior or exterior surface that a child can mouth or chew including, but not limited to, an interior windowsill.
(2) "Child" or "children" means a person under six years of age.
(3) "Childcare facility" means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure.
(4) "Department" means the Department of Health and Environmental Control.
(5) "Dwelling" means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure.
(6) "Dwelling unit" means a room, group of rooms, or other areas of a dwelling.
(7) "Friction surface" means an interior or exterior surface subject to abrasion or friction including, but not limited to, a window or stair tread.
(8) "Householder" means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent.
(9) "Impact surface" means an interior or exterior surface subject to damage by repeated impact on contact including, but not limited to, doors and door jambs.
(10) "Lead-based hazard" means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.
(11) "Lead-base substance" means paint, lacquer, glaze, or other material containing more than six hundredths of one percent (0.06 percent) lead by weight, or seven-tenths or more milligrams per square centimeter (0.7 mg/cm2) of lead in the dried paint film applied. Standards for lead-contaminated dust and lead-contaminated soil must be the same as those established by the United States Environmental Protection Agency.
(12) "Person" means an individual, firm, corporation, association, trust, or partnership.
(13) "Lead poisoning" means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control.
HISTORY: 1979 Act No. 78, Section 2; 1993 Act No. 181, Section 1117; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1350. Exemptions.

The provisions of this article do not apply to items that are exempt pursuant to federal law.
HISTORY: 1979 Act No. 78, Section 5; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1360. Program for early diagnosis of cases of childhood lead poisoning; examinations; records.

(A) The department may establish a program for the early diagnosis of cases of childhood lead poisoning. The program must provide for systematic examination for lead poisoning of children at risk residing within the State. Examinations must be made by such means and at such intervals as the department determines to be medically necessary.
The program must give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found.
(B) When the department is notified of a case of lead poisoning, the department shall examine or refer for examination within thirty days all other children under six years of age, and other children as the department finds advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim or in a childcare facility occupied by the victim, unless the parents or guardian of the child objects to the examination because it conflicts with his or her religious beliefs or practices.
The department shall maintain comprehensive records of all examinations conducted pursuant to this section. These records are strictly confidential and may not be released except as required by law or by court order.
HISTORY: 1979 Act No. 78, Section 6; 1993 Act No. 181, Section 1119; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1370. Childhood lead poisoning prevention education program.

The department may institute a childhood lead poisoning prevention education program. The program shall emphasize the dangers and sources of lead poisoning and the methods of lead poisoning prevention and lead-based hazard remediation.
HISTORY: 1979 Act No. 78, Section 7; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1380. Notification of incidents of lead poisoning.

(A) If a physician, hospital, public health nurse, or other diagnosing person or agency knows or has reason to believe that a child he or she examines or treats has or is suspected of having lead poisoning, the person shall notify the department within seven days. The department shall specify the procedure to be followed and shall provide the necessary forms.
(B) A laboratory doing business in this State shall notify the department of the results of any blood lead analyses conducted on children under six years of age; this notification must be submitted to the department within thirty days of completion of the analysis.
HISTORY: 1979 Act No. 78, Section 8; 1993 Act No. 181, Section 1120; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1390. Investigation of lead poisoning case reports; right of entry.

When the department is notified of a lead poisoning case, the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the department may obtain an administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.
HISTORY: 1979 Act No. 78, Section 9; 1993 Act No. 181, Section 1121; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant.

The issuance and execution of an administrative warrant to investigate must be as follows:
(1) A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, "probable cause" exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant.
(2) A warrant must be issued only upon an affidavit of a department employee designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be investigated, the purpose of the investigation, and, where appropriate, the type of property to be investigated. The warrant must authorize the removal of samples of objects for laboratory analysis, where appropriate. The warrant must be directed to a designated department employee to execute it. The warrant must state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support of the warrant. The warrant must command the person to whom it is directed to investigate the area, premises, building, or conveyance identified for the purpose specified and, where appropriate, authorize removal of samples of objects for laboratory analysis. The warrant must direct that it be served during reasonable hours and must designate the judge or magistrate to whom it must be returned.
(3) A warrant issued pursuant to this section must be executed and returned within ten days of the date of issuance.
(4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection with the warrant and shall cause these papers to be filed with the court which issued the warrant.
HISTORY: 1979 Act No. 78, Section 10; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1430. Notice of identification of lead-based hazard; order that it be remediated; appeals.

(A) If a child resides in a dwelling or dwelling unit or is routinely present at a childcare facility in which a lead-based hazard has been identified, the department shall:
(1) post in or upon the dwelling, dwelling unit, or childcare facility, in a conspicuous place, notice of the existence of the hazard. The notice must not be removed until the department determines that the identified lead-based hazard has been remediated.
(2) give written notice of the existence of the lead-based hazard to the householder occupying the dwelling, dwelling unit, or childcare facility.
(3) give written notice of the existence of the lead-based hazard to the property owner and order that the hazard be remediated within a reasonable period of time.
(B) The property owner of a building subject to this article has the right to appeal the order of the department as a contested case.
HISTORY: 1979 Act No. 78, Section 13; 1993 Act No. 181, Section 1122; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1440. Restriction on rental; existing occupants.

A person must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children which has been posted and ordered remediated of lead-based hazards until the identified hazards have been remediated. If the presence of the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children, the family of the children must not be evicted for that reason.
HISTORY: 1979 Act No. 78, Section 14; 1993 Act No. 181, Section 1123; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1450. Regulations.

The department may promulgate regulations as necessary to carry out the intent and provisions of this article.
HISTORY: 1979 Act No. 78, Section 15; 1993 Act No. 181, Section 1124; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1460. Legal actions not affected.

Nothing in this article may be interpreted or applied in any manner to defeat or impair the right of a person, municipality, or other political entity to maintain an action or suit for damages sustained, or equitable relief of, for violation of an ordinance by reason of, or in connection with, a violation of this article.
HISTORY: 1979 Act No. 78, Section 16; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1480. Penalties.

A person who knowingly violates a provision of this article or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned not more than the maximum allowed by the magistrates' courts in this State. Each day's violation constitutes a separate offense. Isolated lead-based hazard violations existing in dwellings, dwelling units, or childcare facilities must be considered separate violations.
HISTORY: 1979 Act No. 78, Section 18; 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1485. Civil penalties.

A person who violates a provision of this article or a final determination or order of the department issued pursuant to this article is subject to a civil penalty not to exceed one thousand dollars a day.
HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1490. Private causes of action; action by municipality.

(A) A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation.
(B) This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action.
HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1495. Funding contingency.

The provisions of this article are contingent upon the appropriation of state general funds or the availability of financial support from other sources.
HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1510. Definition of "anabolic steroid"; exceptions.

(A) The term "anabolic steroid" includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:
(1) clostebol;
(2) dehydrochlormethyltestosterone;
(3) ethylestrenol;
(4) fluoxymesterone;
(5) mesterolone;
(6) methandienone;
(7) methandrostenolone;
(8) methenolone;
(9) methyltestosterone;
(10) nandrolone;
(11) norethandrolone;
(12) oxandrolone;
(13) oxymesterone;
(14) oxymetholone;
(15) stanozolol; and
(16) testosterone.
(B) Anabolic steroids that are expressly intended for administration through implants to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for this use, are not considered anabolic steroids as defined by this article and are not governed by its provisions.
HISTORY: 1989 Act No. 115, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1520. Unprofessional conduct to dispense under certain circumstances.

It is unprofessional conduct, and is not a valid medical purpose, for a practitioner or veterinarian to prescribe, dispense, or administer an anabolic steroid, or a pharmacist to dispense an anabolic steroid, for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so, or for the intended purpose of improving performance in any form of exercise, sport, or game.
HISTORY: 1989 Act No. 115, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1530. Possessing anabolic steroids without a prescription, or prescribing anabolic steroids, by nonpractitioner, pharmacist, or veterinarian unlawful; penalties.

It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who violates this article with respect to:
(1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both;
(2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars;
(b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(3) possession of more than ten but fewer than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both;
(4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both.
HISTORY: 1989 Act No. 115, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1550. What constitutes a prior offense.

For purposes of determining whether or not a person has committed a second or subsequent offense under the provisions of this article, a violation of any other provision of this article or provision of law of the United States or any state, territory, or district, relating to an anabolic steroid, constitutes a prior offense.
HISTORY: 1989 Act No. 115, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1620. Purpose.

This article is intended to improve the state's ability to identify and stop diversion of prescription drugs in an efficient and cost effective manner that will not impede the appropriate medical utilization of licit controlled substances.
HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1630. Definitions.

As used in this article:
(1) "Authorized delegate" means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist.
(2) "Controlled substances" means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270.
(3) "Dispenser" means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:
(a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;
(b) a practitioner or other authorized person who administers these controlled substances; or
(c) a wholesale distributor of a Schedule II-IV controlled substance.
(4) "Drug control" means the Department of Health and Environmental Control, Bureau of Drug Control.
(5) "Patient" means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both.
(6) "Practitioner" means an individual authorized pursuant to state and federal law to prescribe controlled substances.
HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 1, eff June 6, 2014; 2017 Act No. 91 (H.3824), Section 2, eff May 19, 2017.
Effect of Amendment
2017 Act No. 91, Section 2, in the introductory paragraph, substituted "article" for "section"; redesignated (5), relating to the definition of authorized delegate, as (1), and redesignated accordingly; and added (6), relating to the definition of practitioner.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1655. Practitioner prescription report cards.

(A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum:
(1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;
(2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;
(3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day;
(4) the total number of patients receiving opioid medications for thirty days or more;
(5) the total number of patients receiving opioids and benzodiazepines medications at the same time;
(6) the total number of patients issued prescriptions from three or more practitioners;
(7) the total number of patients filling prescriptions at three or more pharmacies;
(8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap;
(9) the total number of patients obtaining refills on their prescriptions more than one week early; and
(10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued.
The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards, data, documents, records, and any other information accessed or compiled in preparing prescription report cards, are confidential and not subject to discovery, subpoena, or introduction into evidence in any civil action, unless confidentiality is waived by the practitioner.
(B) The department shall coordinate with the Board of Medical Examiners and any other appropriate professional boards as part of the development and implementation of a prescription report card program. The department may contract with another agency of the State or with a private vendor, as necessary, to ensure effective operation of the report card program, as provided in Section 44-53-1660, and may apply for public or private grants or other funding to develop, implement, and maintain the program.
HISTORY: 2018 Act No. 201 (S.918), Section 2, eff November 15, 2018.
Editor's Note
2018 Act No. 201, Section 4, provides as follows:
"SECTION 4. SECTION 2 is effective six months after the effective date of this act. All other SECTIONS are effective upon approval by the Governor."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1660. Contract for administration by other state agency or private vendor.

Drug control may contract with another agency of this State or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall comply with the provisions regarding confidentiality of prescription information in Section 44-53-1650 and is subject to the penalties specified in Section 44-53-1680 for unlawful acts.
HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1680. Violations and penalties.

(A) A dispenser or authorized delegate who knowingly fails to submit prescription monitoring information to drug control as required by this article, or who knowingly submits incorrect prescription information, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both.
(B) A person who knowingly discloses prescription monitoring information in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(C) A person who knowingly uses prescription monitoring information in a manner or for a purpose in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
(D) A pharmacist or practitioner, licensed in Title 40, who knowingly discloses prescription monitoring information in a manner or for a purpose in violation of this article shall be reported to his respective board for disciplinary action.
(E) Nothing in this chapter requires a pharmacist to obtain information about a patient from the prescription monitoring program. A practitioner or authorized delegate of a practitioner who knowingly fails to review a patient's controlled substance prescription history, as maintained in the prescription monitoring program, or a practitioner who knowingly fails to consult with his authorized delegate regarding a patient's controlled substance prescription history before issuing a prescription for a Schedule II controlled substance, as required by this article, must be reported to his respective board for disciplinary action.
(F) A pharmacist or practitioner does not have a duty and must not be held liable in damages to any person in any civil or derivative criminal or administrative action for injury, death, or loss to person or property on the basis that the pharmacist or practitioner did or did not seek or obtain information from the prescription monitoring program. A pharmacist or practitioner acting in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving information from the prescription monitoring program.
HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 4, eff June 6, 2014; 2017 Act No. 91 (H.3824), Section 4, eff May 19, 2017.
Effect of Amendment
2017 Act No. 91, Section 4, amended the section, establishing a penalty if a practitioner or authorized delegate fails to review a patient's controlled substance prescription history before prescribing a schedule II controlled substance.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 53 - Poisons, Drugs And Other Controlled Substances › Section 44-53-1810. Definitions.

As used in this article:
(1) "Academic medical center" means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee.
(2) "Approved source" means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:
(a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and
(b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans.
(3) "Cannabidiol" means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory.
(4) "Designated caregiver" means a person who provides informal or formal care to a qualifying patient, with or without compensation, on a temporary or permanent or full-time or part-time basis and includes a relative, household member, day care personnel, and personnel of a public or private institution or facility.
(5) "Pharmacist" means an individual health care provider licensed by this State to engage in the practice of pharmacy.
(6) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.
(7) "Qualifying patient" means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.
HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.