South Carolina § 44-49-10 - Office of Substance Abuse Services established; functions, powers, and duties; rules and regulations.

§ 44-49-10. Office of Substance Abuse Services established; functions, powers, and duties; rules and regulations.

(A) There is established the Office of Substance Use Services, a component office of the Department of Behavioral Health and Developmental Disabilities. The office shall be vested with all the functions, powers, and duties of the Department of Alcohol and Other Drug Abuse Services, the successor to the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse and shall have full authority for formulating, coordinating, and administering the state plans for controlling narcotics and controlled substances and alcohol abuse, subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities.

(B) All functions, powers, and duties of the commissioner of the narcotics and controlled substances section of the State Planning and Grants Division (Division of Administration in the Office of the Governor) that were transferred to the Department of Alcohol and Other Drug Abuse Services are hereby transferred to the Office of Substance Use Services, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.

(C) All rules and regulations promulgated by the predecessor agencies shall remain in effect until changed by the Department of Behavioral Health and Developmental Disabilities.

(D) The Office of Substance Use Services is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the legislature for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).

(E) Subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities, the department is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department to agencies designated under Section 61-12-20(a).

HISTORY: 1962 Code SECTIONS 32-896, 32-1510.21; 1957 (50) 336; 1966 (54) 2182; 1971 (57) 800; 1974 (58) 2284; 1984 Act No. 512, Part II, SECTION 25; 1993 Act No. 181, SECTION 1108; 2025 Act No. 3 (S.2), SECTION 10, eff April 28, 2025.

Code Commissioner's Note

At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.

Effect of Amendment

2025 Act No. 3, SECTION 10, in (A), in the first sentence, substituted "Office of Substance Use Services" for "Department of Alcohol and Other Drug Abuse Services", in the second sentence, substituted "office" for "department" and inserted "Department of Alcohol and Other Drug Abuse Services, the successor to the", and added ", subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities" at the end; in (B), substituted "that were transferred to the Department of Alcohol and Other Drug Abuse Services are hereby transferred to the Office of Substance Use Services" for "are hereby transferred to the department"; in (C), substituted "predecessor agencies" for "commissioner of narcotics and controlled substances"; in (E), inserted "Subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities,"; and made other nonsubstantive changes.