Indicates Matter Stricken

Indicates New Matter

 

Committee Report

January 29, 2026

 

S. 477

 

Introduced by Senators Davis and Ott

 

S. Printed 1/29/26--H.

Read the first time May 8, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (S. 477) to amend the South Carolina Code of Laws by amending Section 40-43-210, relating to the definition of a "self-administered hormonal contraceptive" in the Pharmacy, etc., respectfully

Report:

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

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill modifies the definition of "self-administered hormonal contraceptive" to explicitly exclude an IUD. This bill also allows pharmacists permitted to dispense self-administered hormonal contraceptives to do so pursuant to written joint protocols by the Board of Medical Examiners and the Board of Pharmacy. Further, this bill authorizes pharmacists to dispense self-administered hormonal contraceptives under standing orders or without a standing order when it is dispensed pursuant to written joint protocols by the Board of Medical Examiners and the Board of Pharmacy.

 

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 40-43-210, RELATING TO THE DEFINITION OF A "SELF-ADMINiSTERED HORMONAL CONTRACEPTIVE" IN THE PHARMACY PRACTICE ACT, SO AS TO REVISE THE DEFINITION; BY AMENDING SECTION 40-43-230, RELATING TO PHARMACISTS PERMITTED TO DISPENSE SELF-ADMINISTERED HORMONAL CONTRACEPTIVES IN CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE SUCH DISPENSATIONS MAY BE MADE PURSUANT TO CERTAIN WRITTEN JOINT PROTOCOLS; AND BY AMENDING SECTION 40-43-240, RELATING TO WRITTEN JOINT PROTOCOLS BY the BOARD OF MEDICAL EXAMINERS AND THE BOARD OF PHARMACY TO AUTHORIZE PHARMACISTS TO DISPENSE SELF-ADMINISTERED HORMONAL CONTRACEPTIVES WITHOUT PATIENT-SPECIFIC WRITTEN ORDERS, SO AS TO INSTEAD PROVIDE THE DISPENSATIONS MAY BE MADE UNDER STANDING ORDERS OR WITHOUT STANDING ORDERS WHEN DISPENSED OR ADMINiSTERED PURSUANT TO CERTAIN WRITTEN JOINT PROTOCOLS.

 

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

 

SECTION 1.  Section 40-43-210(9) of the S.C. Code is amended to read:

 

    (9) "Self-administered hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed or dispensed may administer to himselfherself.  "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.  "Self-administered hormonal contraceptive" does not include an intrauterine device or any drug intended to terminate a pregnancy.

 

SECTION 2.  Section 40-43-230(A) of the S.C. Code is amended to read:

 

    (A) A person licensed under the South Carolina Pharmacy Practice Act who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is permitted by this State may dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive pursuant to a standing order by a prescriber, or pursuant to the written joint protocols as required by this chapter, to a patient who is:

       (1) eighteen years of age or older; or

       (2) under eighteen years of age if the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive or an injectable hormonal contraceptive.

 

SECTION 3.  Section 40-43-240(A) of the S.C. Code is amended to read:

 

    (A) The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive without a patient-specific written orderunder a standing order or without a standing order when the contraceptive is being dispensed or administered pursuant to the written joint protocols as required by this chapter.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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