Senator Davis proposes the following amendment (SR-449.CEM0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 40-43-30(50)(e), (f), (g), and (h) and inserting:

  (e) initiation, ordering, and administration of laboratory flu and COVID tests waived under the federal clinical laboratory improvement amendments (CLIA) of 1988 and authorized by the Food and Drug Administration for influenza, SARS-COV-2, streptococcal pharyngitis, and others as approved by the Board of Medical Examiners and Board of Pharmacy. Pharmacists may delegate the task of administering tests provided for in this subsection to a trained pharmacy technician or pharmacy intern, but the pharmacist must perform any interpretation of the results;
  (f) initiate treatment of conditions identified in subitem (e) pursuant to identical joint written protocol issued by the Board of Medical Examiners and Board of Pharmacy which must be issued within ninety days of the effective date of this subitem and updated as needed but no less than annually;
  (f)(g) reporting of a person's flu or COVID test resultsreporting of tests performed pursuant to subitem (e) and treatment provided pursuant to subitem (f) reporting of a person's laboratory test results and the referral of that patient for follow-up care to the health care provider identified by the patient or if none is identified, to an appropriate health care provider as needed; or
  (g)(h) the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, education, management, and control of pharmacy; and.
  (h) the prescribing of drugs, drug categories, and devices that are limited to conditions that:
    (i) do not require a new diagnosis;
   (ii) are minor and generally self-limiting;
   (iii) have a test that is used to guide diagnosis or clinical decision-making and are waived under the federal Clinical Laboratory Improvement Amendments of 1988; or
   (iv) in the professional judgement of the pharmacist, are patient emergencies.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X. Chapter 43, Title 40 of the S.C. Code is amended by adding:

 Section 40-43-35. To determine whether a specific act is within the scope of pharmacy practice in or into the state, or if an act can be delegated to other individuals under a licensee's supervision, the licensee must independently determine if the act is:
 (1) expressly prohibited by:
  (a) this chapter; or
  (b) any applicable state or federal laws;
 (2) consistent with the licensee's education, training, and experience; and
 (3) within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent licensee with similar education, training, and experience.

SECTION X. Section 40-43-86(DD) of the S.C. Code is amended to read:

 (DD) Unprofessional conduct includes, but is not limited to, the following acts by a pharmacist, permit holder, pharmacy technician, or the owner of a permitted facility:
  (1) publishing or circulating false, misleading, or otherwise deceptive statements concerning the practice of pharmacy;
  (2) attempting to circumvent the patient counseling requirements, or discouraging the patient from receiving patient counseling concerning their prescription drug orders;
  (3) divulging or revealing to unauthorized persons patient information or the nature of professional pharmacy services rendered without the patient's express consent, or without order or direction of a court. Authorized persons include:
   (a) a patient, or patient's agent, or another pharmacist acting on behalf of a patient;
   (b) the practitioner who issued the prescription drug order;
   (c) certified/licensed health care personnel who are responsible for the care of the patient;
   (d) an inspector, agent, or investigator of the Board of Pharmacy or any federal, state, county, or municipal officer whose duty is to enforce the laws of this State or the United States relating to drugs or devices and who is engaged in a specific investigation involving a designated person or drug;
   (e) an agency of government charged with the responsibility of providing medical care for the patient upon written request by an authorized representative of the agency requesting the information;
  (4) selling, giving away, or otherwise disposing of accessories, chemicals, or drugs or devices found in illegal drug traffic when the pharmacist knows or should have known of their intended use in illegal activities;
  (5) engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a wilful or careless disregard for the health, welfare, or safety of a patient, or engaging in conduct which substantially departs from the standards of care ordinarily exercised by a pharmacist;
  (6) selling a drug for which a prescription drug order from a practitioner is required without having received a prescription drug order for the drug;
  (7) wilfully and knowingly failing to maintain complete and accurate records of all drugs received, dispensed, or disposed of in compliance with the federal laws and regulations and state laws and regulations;
  (8) obtaining any remuneration by fraud, misrepresentation, or deception;
  (9) using a system providing for the electronic transfer of information that infringes on a patient's freedom of choice as to the provider of pharmacy care; or.
  (10) acts or omissions within the practice of pharmacy that fail to meet the standard provided by other qualified licensees or registrants in the same or similar setting.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 43, Title 40 of the S.C. Code is amended by adding:

 Section 40-43-280. A pharmacist who prescribes drugs or devices pursuant to this chapter shall:
 (A) practice only within areas for which the pharmacist is educationally prepared and competent;
 (B) establish and maintain a patient-practitioner relationship for the purpose of providing care;
 (C) obtain and evaluate sufficient clinical information to support decisions consistent with the applicable standard of care and best available evidence;
 (D) recognize the limits of the pharmacist's training and experience and refer the patient to another health care provider when appropriate;
 (E) maintain documentation sufficient to support the assessment, diagnosis, prescribing decisions, and follow-up plans when indicated; and
 (F) when clinically appropriate and consistent with the standard of care, make reasonable efforts to notify the patient's identified primary or treating health care provider, if any, of material changes in medication therapy.

 Section 40-43-290.  (A) The Board of Pharmacy shall appoint a pharmacist practice advisory committee to provide clinical and professional guidance to the board in disciplinary matters involving alleged violations of the standard of care within the practice of pharmacy.
 (B) Matters subject to review by the committee include, but are not limited to, those involving drug administration, laboratory testing, patient assessment, and prescribing.
 (C) The committee shall consist of five members appointed by the board as follows:
  (1) two physicians licensed in this State;
  (2) two pharmacists licensed in this State; and
  (3) one other licensed health care provider.
 (D) Members shall receive per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions.
 (E) The committee serves in an advisory capacity only and has no authority to investigate, adjudicate, discipline, license, or regulate any person or facility.
 (F) At the request of the board, the committee may review complaints or disciplinary matters and provide recommendations regarding:
  (1) whether the applicable standard of care was met; and
  (2) appropriate corrective or disciplinary actions.
 (G) The advisory committee's role is limited to providing recommendations to the Board of Pharmacy, and final authority in all disciplinary matters remains with the board.

Renumber sections to conform.

Amend title to conform.