Amended - Not Printed Bill for the House

Amt. No. 1 (LC-4165.VR0002H.docx)

May 7, 2025

 

H. 4165

 

Introduced by Reps. Davis, M. M. Smith, B. L. Cox, Hartnett, Holman and Sessions

 

S. Printed 5/7/25--H.

Read the first time March 6, 2025

 

________

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO TITLE THE ARTICLE "NON-OPIOID TREATMENTS FOR PAIN MANAGEMENT," TO DEFINE NECESSARY TERMS, TO PROVIDE FOR THE CREATION OF AN EDUCATIONAL PAMPHLET BY THE DEPARTMENT OF PUBLIC HEALTH REGARDING NON-OPIOID ALTERNATIVES FOR THE TREATMENT OF PAIN, AND TO PROVIDE GUIDELINES FOR PRACTITIONERS OFFERING NON-OPIOID TREATMENT.

    Amend Title To Conform

 

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

 

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

 

Article 20

 

Non-Opioid Treatments for Pain Management

 

    Section 44-53-2010.  As used in this section:

    (1) "Healthcare practitioner" means a person who is licensed, certified, registered, or permitted to deliver healthcare services in this State and who has the authority to prescribe controlled substances.

    (2) "Non-opioid treatment" means a drug or biological product that is indicated to produce analgesia without acting on the body's opioid receptors.

 

    Section 44-53-2020.  (A) The Department of Public Health shall develop and publish on its website an educational pamphlet regarding the use of non-opioid alternatives for the treatment of pain. The pamphlet must include:

       (1) information on available non-opioid alternatives for the treatment of pain, including non-opioid medicinal drugs or drug products and nonpharmacological therapies; and

       (2) the advantages and disadvantages of the use of non-opioid alternatives.

    (B) The Department of Public Health shall work with the South Carolina Opioid Recovery Fund to explore and utilize, to the extent permissible by state and federal law, opioid abatement funding for educational and healthcare services related to non-opioid alternatives.

 

    Section 44-53-2030.  Prior to prescribing, ordering, dispensing, or administering an opioid drug listed as a Schedule II controlled substance for the treatment of pain, a healthcare practitioner shall:

    (1) inform the patient of available non-opioid alternatives for the treatment of pain, which may include non-opioid medicinal drugs or drug prevention products, interventional procedures or treatments, acupuncture, chiropractic treatments, massage therapy, physical therapy, occupational therapy, or any other appropriate therapy as determined by the healthcare practitioner;

    (2) discuss the advantages and disadvantages of the use of non-opioid alternatives, including whether the patient is at a high risk of, or has a history of, controlled substance abuse or misuse and the patient's personal preferences; and

    (3) offer the patient the educational pamphlet developed by the department pursuant to Section 44-53-2020(A) and document the non-opioid alternatives considered in the patient's record.

    Excluded from the requirements of this section are opioids prescribed for medical emergencies, acute trauma, hospitalized patients, cancer, palliative or end-of-life care, sickle cell disease, perioperative care, or prescribed per current Centers for Disease Control Clinical Practice Guidelines for Prescribing Opioids.

 

SECTION 2.  The educational pamphlet required by Section 44-53-2020(A) shall be posted on the Department of Public Health's website no later than September 30, 2025.

 

SECTION 3.  This act takes effect upon approval by the Governor.

----XX----