A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-47-37, RELATING TO REQUIREMENTS TO PRACTICE OF TELEMEDICINE IN SOUTH CAROLINA, SO AS TO PROVIDE LICENSEES DO NOT NEED TO RESIDE OR MAINTAIN A PHYSICAL OFFICE IN THIS STATE TO BE CONSIDERED ACTIVELY PRACTICING MEDICINE WITHIN THE GEOGRAPHIC BOUNDARIES OF THIS STATE.

 

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

 

SECTION 1.  Section 40-47-37(A)(4) of the S.C. Code is amended to read:

 

    (4) be licensed to practice medicine in this State; provided, however, notwithstanding the requirements of Section 40-47-195(D)(a)(ii), a licensee need not reside or maintain a physical office in this State to be considered actively practicing medicine within the geographical boundaries of this State if he has a valid, current South Carolina medical license; further, provided, that a licensee who resides in this State and intends to practice medicine via telemedicine to treat or diagnose patients outside of this State shall comply with other applicable state licensing boards; and

           (a) this requirement is not applicable to an informal consultation or second opinion, at the request of a physician licensed to practice medicine in this State, provided that the physician requesting the opinion retains the authority and responsibility for the patient's care; and

           (b) where an in-person physician-patient relationship is established in another state for specialty care and treatment is ongoing by that out-of-state provider, care provided pursuant to an existing treatment plan via telehealth in this State by the out-of-state provider between in-person visits is considered acts incidental to the care of the patient in another state and the out-of-state provider is not required to be licensed in this State. This exception may not be construed to apply to:

               (i) episodic care that is provided by an out-of-state provider;

               (ii) new health conditions that arise and are not connected to the condition being treated by the out-of-state provider; or

               (iii) care provided by an out-of-state provider for extended periods of time without intervening in-person visits; and

           (c) for purposes of subitems (a) and (b), the care provided to the patient by the out-of-state provider is deemed to have occurred where the patient was located at the time health care services were provided to him by means of telehealth; and

           (d) shall maintain a controlled substances registration with South Carolina's Bureau of Drug Control if prescribing controlled substances.

 

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

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