AGO 89-20.
Case Date | February 27, 1989 |
Court | South Carolina |
South Carolina Board of PharmacyFROM: C. Havird Jones, Jr.
Assistant Attorney GeneralYou 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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