New Proposed Law Brings Prescription Drugs Under Fire

On Thursday, February 6th, Lt. Governor Glenn McConnell proposed a new law to address growing concerns about prescription drug abuse and trafficking in the state of South Carolina.

A report from South Carolina’s attorney general last year showed that the southern state ranked 10th in the United States for prescription drug abuse and pain killer addiction. At the time, there was no plan in place to combat the problem, but McConnell’s proposal could help.

The proposal is particularly concerned with drug trafficking, especially when it means prescription drugs are stolen from the elderly or chronically ill, who need pain medications, narcotics, and other strong drugs. Current drug laws in South Carolina impose penalties based on the weight of the confiscated drugs, which works with “street” drugs like marijuana or heroin, but does not work as well for prescription drugs. The new law could base penalties on the number of pills confiscated, rather than their weight.

For example, someone with 600 or more illegal prescription pills could face 15 years in prison and a $200,000 fine. The law would also make it illegal to have multiple prescriptions for the same drug, which would help prevent “doctor shopping,” which some dealers and prescription drug addicts use as a way to get multiple narcotics prescriptions.

South Carolina’s Growing Prescription Drug Abuse and Trafficking Problem

South Carolina currently uses a statewide database that tracks painkiller prescriptions, but physical and pharmacy participation in the program is not mandatory. The 2013 report states that “only 22 percent of physicians are registered and much fewer actually use it for prescription decisions.” Additionally, the state’s “pain management guidelines” give physicians a great deal of leeway when prescribing pain killers or other drugs. The report states that the leniency of the guidelines allows “physicians broad discretion in their application, which in turn allows naïve and pill-mill doctors to unintentionally flourish.”

Inspector General Patrick J. Maley wrote in the report that “State authorities do not have a rigorous, systematic understanding of South Carolina’s painkiller problem … However, from ad hoc national data, South Carolina clearly has a significant problem that is likely worse than an average state.”

Maley quoted studies showing that South Carolina ranked 10th in the nation for prescription drug abuse – that’s 33% higher than the national average. In 2011, the state reported 225 deaths related to painkiller and prescription drug abuse, which is 23rd in the nation.
Currently, no one state agency exists to fight prescription drug abuse. However, Maley suggested three departments that already exist which could take on the problem: DHEC, the Department of Health and Human Services, and the Department of Labor, Licensing and Regulation.

Maley recommended that the state require all doctors and pharmacists to participate in South Carolina’s Prescription Monitoring Program. The mandate could be phased in over a few years, Maley suggested, starting with doctors who prescribe the most painkillers.

He also recommended that all doctors who prescribe painkillers go through prescription training, that oversight of prescription drug clinics be improved, and a thorough analysis of all prescription drug-related deaths.

The Strom Law Firm Protects Against Prescription Drug Abuse Charges

Being arrested for prescription drug abuse or trafficking is something that can be devastating financially and emotionally, and can have long-lasting personal and professional consequences. We understand what you are going through, and we are here to help. Contact the prescription fraud attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the facts of your case. We will investigate your case from every angle, determine whether an illegal search took place and seek to have your charges reduced or even dismissed. 803.252.4800