View Amendment Current Amendment: 1 to Bill 4159

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-4159.WAB0004H):

Amend the bill, as and if amended, SECTION 2, by striking Section 40-42-20(A)(4) and (5) and inserting:

 (4) shall, if authorized by the licensee's respective practice act and within his scope of practice, prescribe in accordance with all applicable state and federal laws, including his respective practice act, rules and regulations, and standards required by such practice authorization;  

 (5) must be licensed in this State; provided however, a licensee need not reside or maintain a physical office in this State to be considered actively practicing medicine if he has a valid, current license issued by the applicable licensing board in this State; further provided that a licensee  residing in this State who intends to practice via telehealth to treat or diagnose patients outside of this State shall comply with other state licensing boards; and

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

Amend the bill further, SECTION 4, by striking Section 40-47-37(A)(4)(c) and inserting:

  (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 provide 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.

Amend the bill further, SECTION 4, by striking Section 40-47-37(C)(10) and inserting:

 (10) discuss with the patient the value of having a primary care medical home and, if the patient requests, provide assistance in identifying available options for a primary care medical home. In addition to those requirements set forth in subsection (A), a licensee who establishes and/or maintains a physician-patient relationship, provides care, renders a diagnosis, or otherwise engages in the practice of medicine as defined in Section 40-47-20(36) solely via telemedicine as defined in Section 40-47-20(53) shall:

Amend the bill further, SECTION 4, by striking Section 40-47-37(C)(7)(b)(ii) and (iii) and inserting:

   (ii)when buprenorphine is being prescribed as a medication for opioid use disorder;  

   (iii) patients enrolled in palliative care or hospice; or 

    (iv) any other programs specifically authorized by the board; and