H 4938 {Rat #185, Act #160 of 2020} General Bill, By Ridgeway
 AN ACT TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING IN PART TO ELECTRONIC PRESCRIPTIONS, SO AS TO ADD CERTAIN
 EXCEPTIONS TO ELECTRONIC PRESCRIBING REQUIREMENTS AND TO MAKE TECHNICAL
 CORRECTIONS. - ratified title
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   01/15/20  House  Introduced and read first time (House Journal-page 73)
   01/15/20  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 73)
   02/20/20  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 9)
   02/24/20         Scrivener's error corrected
   02/26/20  House  Debate adjourned until  Thur., 2-27-20
                     (House Journal-page 57)
   03/03/20  House  Amended (House Journal-page 23)
   03/03/20  House  Read second time (House Journal-page 23)
   03/03/20  House  Roll call Yeas-95  Nays-0 (House Journal-page 25)
   03/04/20         Scrivener's error corrected
   03/04/20  House  Read third time and sent to Senate
                     (House Journal-page 7)
   03/04/20  Senate Introduced and read first time (Senate Journal-page 13)
   03/04/20  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 13)
   09/15/20  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 11)
   09/16/20  Senate Committee Amendment Adopted (Senate Journal-page 24)
   09/16/20  Senate Read second time (Senate Journal-page 24)
   09/16/20  Senate Roll call Ayes-40  Nays-1 (Senate Journal-page 24)
   09/16/20  Senate Unanimous consent for third reading on next
                     legislative day (Senate Journal-page 24)
   09/17/20  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 7)
   09/22/20  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 14)
   09/22/20  House  Roll call Yeas-108  Nays-0 (House Journal-page 14)
   09/25/20         Ratified R  185
   09/28/20         Signed By Governor
   10/02/20         Effective date  01/01/21
   10/02/20         Act No.  160

(A160, R185, H4938)

AN ACT TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO ELECTRONIC PRESCRIPTIONS, SO AS TO ADD CERTAIN EXCEPTIONS TO ELECTRONIC PRESCRIBING REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS.

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

Electronic prescribing requirement, exceptions

SECTION    1.    Section 44-53-360(j)(5), as last amended by Act 65 of 2019, and (k)(1), as added by Act 243 of 2018, of the 1976 Code, is further amended to read:

"(k)(1)    Unless otherwise exempted by this subsection, a practitioner shall electronically prescribe any controlled substance included in Schedules II, III, IV, and V. This subsection does not apply to prescriptions for a controlled substance included in Schedules II through V issued by any of the following:

(A)    a practitioner, other than a pharmacist, who dispenses directly to the ultimate user;

(B)    a practitioner who orders a controlled substance included in Schedules II through V to be administered in a hospital, nursing home, hospice care program, home infusion pharmacy, outpatient dialysis facility, or residential care facility;

(C)    a practitioner who experiences temporary technological or electrical failure or other extenuating technical circumstances that prevent a prescription from being transmitted electronically; however, the practitioner must document the reason for this exception in the patient's medical record;

(D)    a practitioner who writes a prescription for a controlled substance included in Schedules II through V to be dispensed by a pharmacy located on federal property; however, the practitioner must document the reason for this exception in the patient's medical record;

(E)    a person licensed to practice veterinary medicine pursuant to Chapter 69, Title 40;

(F)    a practitioner who writes a prescription for a controlled substance included in Schedules II through V for a patient who is being discharged from a hospital, emergency department, or urgent care or for a patient who is receiving services from a facility established pursuant to Section 44-11-10; or

(G)    a practitioner who issues an oral authorization in the case of an emergency situation.

(2)    A prescription for a controlled substance included in Schedules II, III, IV, and V that includes elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard is exempt from this subsection.

(3)    A dispenser is not required to verify that a practitioner properly falls under one of the exceptions specified in item (1) or (2) before dispensing a controlled substance included in Schedules II through V. A dispenser may continue to dispense a controlled substance included in Schedules II through V from valid written, oral, faxed, or electronic prescriptions that are otherwise consistent with applicable laws.

(4)    A dispenser is immune from any civil or criminal liability or disciplinary action from the State Board of Pharmacy for dispensing a prescription written by a prescriber that is in violation of this subsection.

(l)(1)    A written prescription for any Schedule II, III, IV, and V controlled substance must be written on tamper-resistant prescription pads which contain one or more industry-recognized features designed to prevent all of the following:

(A)    unauthorized copying of a completed or blank prescription form;

(B)    erasure or modification of information written on the prescription by the prescriber; and

(C)    use of counterfeit prescription forms."

Time effective

SECTION    2.    This act takes effect January 1, 2021.

Ratified the 25th day of September, 2020.

Approved the 28th day of September, 2020.