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Indicates Matter Stricken
Indicates New Matter
AMENDED
February 16, 2000
S. 494
S. Printed 2/16/00--H.
Read the first time April 22, 1999.
TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO INSULIN DEPENDENT DIABETICS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-950 of the 1976 Code is amended to read:
"Section 44-53-950. The Department of Health and Environmental Control is authorized to audit records of sale of hypodermic needles and devices sold by any provider and is empowered to promulgate rules and regulations necessary for the effective enforcement of this article, which rules and regulations shall have force of law unless overturned by a court of competent jurisdiction.
Provided, nothing in this article shall apply to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics."
SECTION 2. Section 38-71-46(A) of the 1976 Code, as added by Act 98 of 1999, is amended to read:
"(A) On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State shall must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary, and prescribed by a health care professional who is legally authorized to prescribe such items by law and who demonstrates adherence to minimal standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina. This subsection does not prohibit a health maintenance organization or an individual or a group health insurance policy from providing coverage for medication according to formulary or using network providers."
SECTION 3. This act takes effect upon approval by the Governor.
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