Reference is to Introduced Version.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-88-10. For
purposes of this chapter:
(1) 'Erectile
dysfunction' means the persistent inability to achieve or
maintain penile erection sufficient for satisfactory sexual
performance.
(2) 'Physician' has the
same meaning as provided for in Section 40-47-20.
Section 44-88-20. (A)
No person other than a physician may issue
to a patient a prescription for a drug intended to treat
symptoms of erectile dysfunction.
(B)(1) Before issuing a
prescription for a drug intended to treat symptoms of erectile
dysfunction, a physician shall:
(a)
refer the patient to a sexual therapist licensed by the
State Board of Examiners in Psychology for an assessment of the
possible causes of the patient's symptoms of erectile
dysfunction and obtain a written report in which the therapist
concludes that the patient's symptoms are not attributable
solely to one or more psychological conditions;
(b)
conduct a cardiac stress test and obtain a result,
described in writing, indicating that the patient's cardiac
health is compatible with sexual activity;
(c)
notify the patient in writing of the potential risks and
complications associated with taking drugs intended to treat
erectile dysfunction and obtain the patient's signature on a
form acknowledging the patient's receipt of the notification;
and
(d)
provide a written statement, under penalty of perjury,
that the drug the physician is prescribing is necessary to treat
the patient's symptoms of erectile dysfunction, which includes
the physician's medical rationale for issuing the
prescription.
(2)
A physician must not issue a prescription for a drug
intended to treat symptoms of erectile dysfunction any sooner
than twenty-four hours after the patient provides written
acknowledgement of receipt of the notification required pursuant
to item (1)(c).
(3)
A physician shall place all documents described in item
(1) in the patient's medical record and retain the documents as
part of that record for not less than seven years.
(C) To ensure the
continued health of a patient to whom a prescription for a drug
intended to treat symptoms of erectile dysfunction has been
issued, the physician, as part of the patient's course of
treatment, including treatment by issuing a prescription for one
or more refills of the drug originally prescribed to treat
symptoms of erectile dysfunction, or the prescription of another
drug for that purpose, shall:
(1)
require the patient to undergo a cardiac stress test every
ninety days while the patient is taking the drug to ensure that
the patient's cardiac health continues to be compatible with
sexual activity; and
(2)
require the patient to attend three sessions of outpatient
counseling within a period of not less than six months after the
drug initially is prescribed to ensure the patient's
understanding of the dangerous side effects of drugs intended to
treat the symptoms of erectile dysfunction and which includes
information on nonpharmaceutical treatments for erectile
dysfunction, including sexual counseling and resources for
patients to pursue celibacy as a viable lifestyle choice.
(D) The provisions of
this chapter do not apply to a prescription for a drug intended
to treat the symptoms of erectile dysfunction for a patient who
has been diagnosed with or treated for prostate cancer."
/
Renumber sections to conform.
Amend title to conform.