Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 3, 2023

S. 407

 

Introduced by Senators Shealy and Senn

 

S. Printed 05/03/23--H.

Read the first time March 01, 2023

 

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The committee on house Medical, military, public and municipal  Affairs

To who was referred a Bill (S.407) to amend the South Carolina Code of Laws by amending Section 44-53-361(a), relating to prescriptions for opioid antidotes, so as to provide for it to be offered, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

Amend the bill, as and if amended, SECTION 1, Section 44-53-361(A), by adding an item to read:

       (1) This subsection does not apply in the following circumstances:

           (a)   patients who are receiving care for cancer or a cancer-related condition, patients in hospice, patients receiving palliative care; or

           (b)   any other patients who, in the prescriber's good faith medical judgment, would not benefit from a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid-related respiratory and/or central nervous system depression.

Renumber sections to conform.

Amend title to conform.

 

SYLLESTE DAVIS for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies that a prescriber must offer prescriptions for opioid antidotes in a manner that is consistent with the existing standard of care and the FDA.  The bill further provides that a prescriber is not subject to professional disciplinary actions arising from the prescriber's compliance with the provisions of this bill.

LLR does not anticipate that this bill will have an expenditure impact on the agency, Board or Medical Examiners, or Board of Pharmacy since it does not alter the responsibilities of the agency or the respective boards. 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-361(A), RELATING TO PRESCRIPTIONS FOR OPIOID ANTIDOTES, SO AS TO PROVIDE FOR IT TO BE OFFERED CONSISTENT WITH THE EXISTING STANDARD OF CARE AND THE FDA.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-53-361(A) of the S.C. Code is amended to read:

 

    (A) A prescriber shall:

       (1) offer a prescription or provide consistent with the existing standard of care and the FDA for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient if one or more of the following conditions are present:

           (a) the prescription or offer consistent with the existing standard of care and the FDA dosage for the patient is fifty or more morphine milligram equivalents of an opioid medication per day;

           (b) an opioid medication is prescribed or offered consistent with the existing standard of care and the FDA concurrently with a prescription for benzodiazepine;  or

           (c) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant;

       (2) consistent with the existing standard of care, provide education to patients receiving a prescription pursuant to item (1) on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression;  and

       (3) consistent with the existing standard of care, provide education on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to one or more persons designated by the patient or, for a patient who is a minor, to the patient's parent or guardian.

    (B) A prescriber is not subject to professional disciplinary actions including, but not limited to, disciplinary actions initiated by any board or licensing agency arising from the prescriber's compliance with the provisions of this section.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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