Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 25, 2026

 

S. 449

 

Introduced by Senators Verdin and Kimbrell

 

S. Printed 3/25/26--H.

Read the first time May 8, 2025

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (S. 449) to amend the South Carolina Code of Laws by amending Section 40-43-30, relating to definitions for the South Carolina Pharmacy Practice Act, so as to provide a definition, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 40-43-30(50) of the S.C. Code is amended to read:

 

    (50) "Practice of pharmacy" means the:

       (a) interpretation, evaluation, and dispensing of prescription drug orders in the patient's best interest;

       (b) participation in drug and device selection, drug administration, prospective drug reviews, and drug or drug-related research;

       (c) provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care and drug therapy management;

       (d) responsibility for compounding and labeling of drugs and devices, (except labeling by a manufacturer, repackager, or distributor or nonprescription drugs and commercially packaged legend drugs and devices) proper and safe storage of drugs and devices and maintenance of proper records for them;

       (e) initiation, ordering, and administration of 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) 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.

Renumber sections to conform.

Amend title to conform.

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill adds definitions of "collaborative practice agreement" to code sections relating to the practice of pharmacy and medicine and authorizes pharmacists and physicians to enter into such agreements. This bill also requires the State Board of Pharmacy and the State Board of Medical Examiners to promulgate regulations governing the use of collaborative practice agreements.

 

LLR does not anticipate the bill will alter the primary responsibilities of the agency, the Board of Medical Examiners, or the Board of Pharmacy. LLR further anticipates that the expenditure impact to implement the provisions of the bill will be minimal and can be managed within existing appropriations.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-30, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO PROVIDE A DEFINITION FOR COLLABORATIVE PRACTICE AGREEMENTS; BY ADDING SECTION 40-43-245 SO AS TO AUTHORIZE PHARMACISTS AND PHYSICIANS TO ENTER INTO COLLABORATIVE PRACTICE AGREEMENTS; BY AMENDING SECTION 40-47-20, RELATING TO DEFINITIONS FOR PHYSICIANS AND MISCELLANEOUS HEALTHCARE PROFESSIONALS, SO AS TO PROVIDE A DEFINITION FOR COLLABORATIVE PRACTICE AGREEMENTS; BY ADDING SECTION 40-47-205 SO AS TO AUTHORIZE PHYSICIANS AND PHARMACISTS TO ENTER INTO COLLABORATIVE PRACTICE AGREEMENTS; AND TO REQUIRE THE STATE BOARD OF PHARMACY AND THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS GOVERNING THE USE OF COLLABORATIVE PRACTICE AGREEMENTS AND TO PROVIDE THAT COLLABORATIVE PRACTICE AGREEMENTS MAY NOT BE IMPLEMENTED UNTIL AFTER THE REGULATIONS ARE EFFECTIVE.

 

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

 

SECTION 1.  Section 40-43-30 of the S.C. Code is amended by adding:

 

    (62) "Collaborative practice agreement" means a written agreement between a pharmacist and a physician, both of whom are licensed and in good standing in this State, actively practicing, and physically located within the geographic boundaries of this State, that sets out a plan to provide evidence-based medication management services and other related patient care services that support the treatment goals established by the physician including, but not limited to, monitoring, education, and assessments for specifically identified patients delegated to the pharmacist by the physician responsible for treating the patients. The pharmacist and the physician must have access to the same electronic medical records system or, if that is not practicable, must develop a HIPAA-compliant method to share written medical records to document regular, secure, and timely communication between the physician and the pharmacist to ensure coordinated patient care.

 

SECTION 2.  Chapter 43, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-43-245. Pharmacists are authorized to enter into collaborative practice agreements with physicians.

SECTION 3.  Section 40-47-20 of the S.C. Code is amended by adding:

 

    (60) "Collaborative practice agreement" means a written agreement between a pharmacist and a physician, both of whom are licensed and in good standing in this State, actively practicing, and physically located within the geographic boundaries of this State, that sets out a plan to provide evidence-based medication management services and other related patient care services that support the treatment goals established by the physician including, but not limited to, monitoring, education, and assessments for specifically identified patients delegated to the pharmacist by the physician responsible for treating the patients. The pharmacist and the physician must have access to the same electronic medical records system or, if that is not practicable, must develop a HIPAA-compliant method to share written medical records to document regular, secure, and timely communication between the physician and the pharmacist to ensure coordinated patient care.

 

SECTION 4.  Chapter 47, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-47-205. Physicians are authorized to enter into collaborative practice agreements with pharmacists.

 

SECTION 5.  The State Board of Pharmacy and the State Board of Medical Examiners shall each promulgate regulations governing the use of collaborative practice agreements. Collaborative practice agreements may not be implemented until the effective date of the regulations promulgated pursuant to this section.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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