View Amendment Current Amendment: MED to Bill 150

The Committee on Medical Affairs proposed the following amendment (150R001.SP.TD):

Amend the bill, as and if amended, on page 3, by striking lines 31 through 33 and inserting:

/ (iv)a product approved as a prescription medication by the United States Food and Drug Administration; or /

Amend the bill further, as and if amended, on page 8, by striking lines 33 through 43, and on page 9, by striking lines 1 through 15 and inserting:

/ (B) Revenues generated in excess of the amount needed to implement, administer, and enforce this article must be annually distributed as follows:

(1)three percent for research conducted by the University of South Carolina School of Medicine, the Medical University of South Carolina, or both for research to improve detection and training methods to detect drivers impaired by cannabis, prescription medications, and other drugs, until SLED affirms that no additional research is needed;

(2) two percent to local providers operating under the auspices of Act 301 of 1973 for purposes related to alcohol and drug abuse prevention, education, early intervention, and treatment services;

(3) three percent to SLED ;

(4) two percent to the South Carolina Department of Education to be used for drug safety education;

(5) eighty-five percent to the state general fund; and

(6)five percent for research conducted by the University of South Carolina School of Medicine, the Medical University of South Carolina, or both to be used in connection with medical cannabis research and development, including use for:

(a) clinical trials regarding the effectiveness of cannabis products at treating symptoms and conditions that are not debilitating medical conditions pursuant to this article;

(b) data collection from qualifying patients who voluntarily provide information related to dosage, efficacy, and side effects;

(c) clinical trials, observational studies, or both on the dosage, efficacy, and side effects of medical cannabis; and

(d) the publication of dosage recommendations based upon medical conditions or symptoms, modes of administration, and cannabinoid profiles. /

Amend the bill further, as and if amended, on page 11, by striking lines 1 through 7 and inserting:

/ Section 44-53-2070.Nothing in this article may be construed to require a health insurance provider, health care plan, property and casualty insurer, or medical assistance program to be liable for or reimburse a claim for the medical use of cannabis. Consultations in which physicians diagnose debilitating medical conditions and complete written certifications shall be reimbursed consistent with a qualifying patient's health plan design. /

Amend the bill further, as and if amended, on page 16, by striking lines 41 through 43, and on page 17, by striking lines 1 through 8 and inserting:

/ Section 44-53-2120.A valid registry identification card, or its equivalent, that is issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows, in its jurisdiction of issuance, a nonresident cardholder to possess cannabis products for medical use has the same force and effect as a valid registry identification card issued by the department in this State, provided that the nonresident cardholder provides to the department a statement from a physician that materially conforms with the requirements of Section 44-53-2010(34) stating that the person has a debilitating medical condition, submits any other documentation required by the department, and has received confirmation from the department. /

Amend the bill further, as and if amended, on page 50, by striking lines 16 through 27 and inserting:

/ Section 44-53-2470.(A) Each dispensary must contract with or employ at least one pharmacist, physician assistant, or clinical practice nurse who is licensed by the State and who has completed a medical cannabis continuing education course approved by the South Carolina Board of Medical Examiners. The continuing education course must include best practices regarding dosage, based upon medical conditions or symptoms, modes of administration, and cannabinoid profiles. The pharmacist, physician assistant, or clinical practice nurse must be reasonably available during business hours to advise and educate patients, in person or by telemedicine and, in connection with providing such advice and education, shall be subject to being sued by a patient for negligence in the event that the pharmacist, physician assistant, or clinical practice nurse violates the applicable standard of care. A pharmacist, physician assistant, or clinical practice nurse may contract with multiple dispensaries. /

Amend the bill further, as and if amended, on page 55, at line 30, by inserting an appropriately numbered new SECTION to read:

/SECTION __. SECTIONS 1 through 8 shall be repealed by operation of law if a federal court, pursuant to a filing by the United States of America or one of its authorized executive agencies, issues a final order declaring that those SECTIONS have been preempted by the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the "Controlled Substances Act." /