AGO 89-20.

Case DateFebruary 27, 1989
CourtSouth Carolina
South Carolina Attorney General Opinions 1989. AGO 89-20. 56 February 27, 1989OPINION NO. 89-20A suspended physician's prescriptions, along with the authority to refill the same, become invalid upon suspension of the prescribing physician's license.TO: Executive Director
South Carolina Board of Pharmacy
FROM: C. Havird Jones, Jr.
Assistant Attorney General
You have requested our opinion as to whether or not a pharmacist may lawfully dispense a prescription of a physician whose medical license has been suspended pursuant to statutory authority, and may the pharmacist dispense refills of the suspended physician's prescriptions during the period of suspension. For purposes of the following discussion, the term "suspension" applies to any situation in which a physician's active license to practice medicine in this State has been terminated or restricted, whether permanently (as by death, voluntary surrender, or revocation) or temporarily (as by inactivation upon retirement, suspension, or applicable probation and conditions). 57 The South Carolina Pharmacy Act at Section 40-43-150 of the South Carolina Code of Laws, 1976, as amended, provides that "a prescription of a duly licensed physician" is required for the sale of certain drugs. That section further provides that "[no] such prescription shall be refilled except upon authorization of the duly licensed physician . . . who prescribed it." The South Carolina Controlled Substances Act at Section 44-53-360(c) of the amended Code similarly provides that "no practitioner shall dispense any controlled substances outside of a bona fide physician-patient relationship." Section 44-53-110 of the amended Code defines "practitioner" as including "[a] physician . . . or other person as licensed . . . to distribute, dispense . . . or to administer a controlled substance in the course of professional practice . . . in this State." That section also defines "dispense" as including "prescribing." These and other accompanying provisions of State law are consistent with...

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