South Carolina Code of Laws
Chapter 53 - Poisons, Drugs And Other Controlled Substances
Section 44-53-140. Certain communications and observations privileged.

Whenever a holder of the privilege shall seek counselling, treatment, or therapy for any drug problem from a confidant, no statement made by such holder and no observation or conclusion derived from such confidant shall be admissible against such holder in any proceeding. The results of any examination to determine the existence of illegal or prohibited drugs in a holder's body shall not be admissible in any proceeding against such holder.
The privilege belongs to the holder and if he waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be admissible in evidence in any proceeding.
There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
HISTORY: 1962 Code Section 32-1510.25; 1971 (57) 800; 1973 (58) 289.

<< Previous
Next >>

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 53 - Poisons, Drugs And Other Controlled Substances

Section 44-53-10. General powers of Department of Health and Environmental Control regarding controlled substances.

Section 44-53-20. "Food" and "drug" defined.

Section 44-53-30. Persons selling certain articles to furnish samples for analysis.

Section 44-53-40. Obtaining certain drugs, devices, preparations, or compounds by fraud or deceit.

Section 44-53-50. Sale of household and commercial laundry detergent and dishwashing detergent containing phosphorus prohibited.

Section 44-53-110. Definitions.

Section 44-53-120. Duties of State Law Enforcement Division.

Section 44-53-130. Coordination of law enforcement.

Section 44-53-140. Certain communications and observations privileged.

Section 44-53-160. Manner in which changes in schedule of controlled substances made.

Section 44-53-170. Nomenclature of controlled substances in schedules.

Section 44-53-180. Tests for inclusion of substance in Schedule I.

Section 44-53-190. Schedule I.

Section 44-53-200. Tests for inclusion of substance in Schedule II.

Section 44-53-210. Schedule II.

Section 44-53-220. Tests for inclusion of substance in Schedule III.

Section 44-53-230. Schedule III.

Section 44-53-240. Tests for inclusion of substance in Schedule IV.

Section 44-53-250. Schedule IV.

Section 44-53-260. Tests for inclusion of substance in Schedule V.

Section 44-53-270. Schedule V.

Section 44-53-280. Promulgation of rules and regulations; requirement of professional license; expiration of registration; failure to renew registration; reinstatement; fees and penalties.

Section 44-53-290. Requirement of and authority granted by registration; individuals exempt from registration; registration for maintenance and detoxification treatment.

Section 44-53-300. Granting of registration.

Section 44-53-310. Grounds for denial, revocation, or suspension of registration; civil fine.

Section 44-53-320. Procedure for denial, revocation, or suspension of registration; administrative consent order.

Section 44-53-330. Copy of judgment sent to licensing board upon conviction.

Section 44-53-340. Records and inventories of registrants.

Section 44-53-350. Order forms for distribution of controlled substances.

Section 44-53-360. Prescriptions.

Section 44-53-361. Prescriptions for opioid antidotes.

Section 44-53-362. Controlled substance take-back events and mail-back programs; collectors.

Section 44-53-363. Prerequisites to issuing opioid analgesics to minors.

Section 44-53-365. Theft of controlled substance; penalty.

Section 44-53-370. Prohibited acts A; penalties.

Section 44-53-375. Possession, manufacture, and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.

Section 44-53-376. Disposal of waste from production of methamphetamine; penalty; emergency or environmental response restitution; exemptions.

Section 44-53-378. Exposing child to methamphetamine.

Section 44-53-380. Prohibited acts B; penalties.

Section 44-53-390. Prohibited acts C; penalties.

Section 44-53-391. Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.

Section 44-53-392. Weight of controlled substance.

Section 44-53-395. Prohibited acts; penalties.

Section 44-53-398. Sale of products containing ephedrine or pseudoephedrine; penalties; training of sales personnel.

Section 44-53-400. Penalties in article in addition to those under other laws.

Section 44-53-410. Prosecution in another jurisdiction shall be bar to prosecution.

Section 44-53-420. Attempt and conspiracy; attempt to possess; penalties.

Section 44-53-430. Appeals from orders of Department.

Section 44-53-440. Distribution to persons under eighteen.

Section 44-53-445. Distribution of controlled substance within proximity of school.

Section 44-53-450. Conditional discharge; eligibility for expungement.

Section 44-53-460. Reduced sentence for accommodation offenses.

Section 44-53-470. "Second or subsequent offense" defined; certain convictions considered prior offenses.

Section 44-53-475. Financial transactions, monetary instruments, or financial institutions involving property or proceeds of unlawful activities in narcotic drugs or controlled substances; penalties.

Section 44-53-480. Enforcement.

Section 44-53-485. Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence.

Section 44-53-490. Drug inspectors.

Section 44-53-500. Procedure for issuance and execution of administrative inspection warrants.

Section 44-53-520. Forfeitures.

Section 44-53-530. Forfeiture procedures; disposition of forfeited items; disposition of proceeds of sales.

Section 44-53-540. Burden of proof.

Section 44-53-550. Prosecutions prior to effective date of article.

Section 44-53-560. Repealed.

Section 44-53-570. Service of search warrants.

Section 44-53-577. Illegal acts involving persons under seventeen years of age; penalties; separate offense.

Section 44-53-582. Return of monies used to purchase controlled substances.

Section 44-53-586. Return of seized items to innocent owners; notice of hearing or rule to show cause; continuation of liens of innocent persons.

Section 44-53-590. Penalty for use of property in manner which makes it subject to forfeiture.

Section 44-53-610. Short title.

Section 44-53-620. Definitions.

Section 44-53-630. Establishment of therapeutic research program; regulations; limits as to patient eligibility.

Section 44-53-640. Patient Qualification Review Advisory Board; membership; compensation; duties.

Section 44-53-650. Director to obtain and distribute marijuana.

Section 44-53-660. Annual report.

Section 44-53-710. Exclusive control over methadone vested in Department of Health and Environmental Control.

Section 44-53-720. Restrictions on use of methadone.

Section 44-53-730. Restrictions on sale and distribution of methadone.

Section 44-53-740. Promulgation of rules and regulations.

Section 44-53-750. Autopsy on person dying while enrolled in program.

Section 44-53-760. Admission of minors to programs.

Section 44-53-810. Legislative findings.

Section 44-53-820. Establishment of DARE Fund; purpose.

Section 44-53-830. Board of directors; membership; terms.

Section 44-53-840. Board members to be reimbursed for expenses.

Section 44-53-850. Powers of board.

Section 44-53-860. Chairman; meetings; quorum.

Section 44-53-870. Director and staff; maximum administrative costs.

Section 44-53-880. Use of funds.

Section 44-53-890. Annual report.

Section 44-53-930. Retail sales shall be made only by registered pharmacists or assistant pharmacists; exception.

Section 44-53-950. Veterinarians and licensed durable medical equipment providers exception.

Section 44-53-960. Penalties.

Section 44-53-1110. Prohibition on aromatic hydrocarbons used as intoxicants.

Section 44-53-1120. Unlawful use or possession of aromatic hydrocarbons.

Section 44-53-1130. Penalties.

Section 44-53-1210. Definitions.

Section 44-53-1220. Sale of caustic or corrosive substance in misbranded parcel, package, or container prohibited.

Section 44-53-1230. Confiscation of misbranded caustic or corrosive substance parcels, packages, or containers.

Section 44-53-1240. Enforcement; approval of brands and labels.

Section 44-53-1250. Penalties.

Section 44-53-1310. Short title.

Section 44-53-1320. Definitions.

Section 44-53-1350. Exemptions.

Section 44-53-1360. Program for early diagnosis of cases of childhood lead poisoning; examinations; records.

Section 44-53-1370. Childhood lead poisoning prevention education program.

Section 44-53-1380. Notification of incidents of lead poisoning.

Section 44-53-1390. Investigation of lead poisoning case reports; right of entry.

Section 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant.

Section 44-53-1430. Notice of identification of lead-based hazard; order that it be remediated; appeals.

Section 44-53-1440. Restriction on rental; existing occupants.

Section 44-53-1450. Regulations.

Section 44-53-1460. Legal actions not affected.

Section 44-53-1480. Penalties.

Section 44-53-1485. Civil penalties.

Section 44-53-1490. Private causes of action; action by municipality.

Section 44-53-1495. Funding contingency.

Section 44-53-1510. Definition of "anabolic steroid"; exceptions.

Section 44-53-1520. Unprofessional conduct to dispense under certain circumstances.

Section 44-53-1530. Possessing anabolic steroids without a prescription, or prescribing anabolic steroids, by nonpractitioner, pharmacist, or veterinarian unlawful; penalties.

Section 44-53-1550. What constitutes a prior offense.

Section 44-53-1610. Citation of article.

Section 44-53-1620. Purpose.

Section 44-53-1630. Definitions.

Section 44-53-1640. Authority to establish and maintain prescription monitoring program; electronic submission of information by dispensers; exemptions.

Section 44-53-1645. Requirement to review patient's prescription history.

Section 44-53-1650. Confidentiality; persons to whom data may be released.

Section 44-53-1655. Practitioner prescription report cards.

Section 44-53-1660. Contract for administration by other state agency or private vendor.

Section 44-53-1670. Promulgation of regulations.

Section 44-53-1680. Violations and penalties.

Section 44-53-1810. Definitions.

Section 44-53-1820. FDA approved clinical trials to treat patients who have certain forms of epilepsy with cannabidiol; principal investigators; subinvestigators.

Section 44-53-1830. Cannabidiol for use in clinical trials.

Section 44-53-1840. Immunity.

Section 44-53-1910. Definitions.

Section 44-53-1920. Limited immunity for a person who seeks medical assistance for another.

Section 44-53-1930. Limited immunity for overdose victim.

Section 44-53-1940. Decision to seek medical assistance a mitigating factor.

Section 44-53-1950. Limitation of immunity to allow prosecution for other crimes arising out of the drug or alcohol-related overdose.

Section 44-53-1960. Construction of article.

Section 44-53-1970. Civil and criminal immunity for law enforcement officers.