Indicates Matter Stricken

Indicates New Matter

 

Amended

May 13, 2026

 

H. 4042

 

Introduced by Reps. Kilmartin, White, Gilreath, Cromer, Guffey, Harris, Hager, McCravy, Edgerton, Terribile, Magnuson, Lastinger, D. Mitchell, Sessions, Chapman, Brewer, Lawson, Oremus, Hartz, Vaughan, Pedalino, Teeple, Landing, Rankin, Schuessler, Ligon, Long, Sanders, Ford, T. Moore, Forrest, Chumley, Bowers, Taylor, Hixon, M. M. Smith, Gibson and Duncan

 

S. Printed 5/13/26--S.                                                                         [SEC 5/14/2026 10:46 AM]

Read the first time May 6, 2026

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-150 SO AS TO AUTHORIZE THE OVER-THE-COUNTER SALE OF IVERMECTIN TABLETS.

    Amend Title To Conform

 

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

 

SECTION 1.  Article 3, Chapter 53, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-53-150. (A) Notwithstanding any provision of law to the contrary, FDA-approved ivermectin product labeled for human use may be made available to the public for over-the-counter purchase in this State to any person who is at least eighteen years of age, provided ivermectin dispensed pursuant to this section must be maintained in an area accessible only to pharmacy personnel. No prescription order shall be required for such purchase.

    (B) The Board of Pharmacy shall adopt rules to establish standard procedures for the dispensing of ivermectin including the following:

       (1) providing the patient with a screening risk assessment tool;

       (2) providing the patient with information on the indications and contraindications for the use of ivermectin, the appropriate method for using ivermectin, the importance of medical follow-up, and any other information considered appropriate by the department; and

       (3) prohibitions on dispensing ivermectin when contraindications or clinically significant drug interactions exist based on a patient's medication profile or medical conditions.

    (C) The Board of Pharmacy shall not require documentation beyond that reasonably necessary to demonstrate compliance with this section and shall adopt rules necessary to implement this section within ninety days of the effective date.

    (D) A pharmacist may rely upon information provided by or on behalf of the patient when acting pursuant to this section and is not liable for incomplete, inaccurate, or omitted information provided by or on behalf of a patient. A pharmacist acting in good faith and with reasonable care pursuant to this section is immune from disciplinary or adverse administrative actions from the Board of Pharmacy and is immune from civil liability in the absence of gross negligence or wilful misconduct. A pharmacist shall be deemed to have acted with reasonable care when acting in accordance with rules or procedures adopted by the Board of Pharmacy pursuant to this section.

    (E) Nothing in this section requires a pharmacist to:

       (1) dispense ivermectin, when in the pharmacist's professional judgment, dispensing may jeopardize the health or safety of the patient; or

       (2) stock ivermectin.

    (F) Nothing in this section shall be construed to require a health insurance issuer to provide coverage for the cost of ivermectin dispensed pursuant to the provisions of this section or to prevent a pharmacist from charging an administrative or dispensing fee for the services provided pursuant to this section.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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