2019 Legislative Session Introduces Several Bills That Are Relevant To DO Physicians
The 2019 legislative session convened on Tuesday, January 8 and the pre-filed bills and newly introduced bills were all read across the desk. Below is a short summary of and a hyperlink to the bills considered to be the most relevant to D.O. physicians.
S16 would permit a pharmacist to dispense once, within a twelve-month period, an emergency refill of up to a thirty-day supply of a prescribed medicine if the pharmacist is unable to obtain refill authorization from the prescriber and the prescription is not for a controlled substance, the medication is essential to the maintenance of life or to the continuation of therapy, the refill will produce no undesirable health consequences or cause mental or physical discomfort, the pharmacist properly records the dispensing and the pharmacist notifies the prescriber within a reasonable time, but no later than 30 days after the refill is dispensed. This bill reported out of the Senate Medical Affairs Subcommittee on Thursday.
S32 would prohibit a person from performing or inducing or attempting to perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the human fetus and whose fetal heartbeat has been detected, with exceptions to prevent death or a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
S70 would require physicians to be members of the SC Medical Association.
S132 would update the Physicians Assistants’ (PA) Practice Act, Section 40-47-905 et al.
S136, previously introduced last session,would require the use of electronic prescriptions for controlled substances. This bill was carried over in the Senate Medical Affairs subcommittee meeting on Thursday.
S169 (concurrent resolution) would urge the federal government to work expeditiously to remove barriers to conducting research on the use of cannabis to treat medical conditions and illnesses. This concurrent resolution reported out of the Senate Medical Affairs Subcommittee on Thursday.
S225 would require neonatal testing, conducted pursuant to Section 44-37-30, to test for Krabbe disease, Fabry disease, Gaucher disease, Pompe disease, Hurler syndrome and Niemann-Pick disease. The bill would further require additional lysosomal storage disorders to be tested when such testing becomes available.
S303, regarding the transport of person with mental illness requiring immediate care, would require a physician responsible for the patient’s care to notify a friend or relative that the friend or relative may transport the patient to the mental health facility designated in the application or engage the services of an EMT.
S314would allow an income tax credit for each clinical rotation a physician serves as the preceptor for a medical-school-required clinical rotation, APRN program-required clinical rotation, and a PA program-required clinical rotation. Income tax credits are also established for APRNs and PAs who serve as preceptors for an APRN or PA-required clinical rotation. If passed, the bill would apply to tax years 2020-2025.
S319, previously introduced last session, would provide that a person commits assault and battery of a high and aggravated nature (ABHAN) if the person to whom great bodily injury is caused is a healthcare professional, including but not limited to an EMS provider, firefighter, ER physician, ER nurse, or an allied healthcare worker during the course of his or her authorized duties, and the injuring person knows or has reason to know of the injured person’s status or the injured person is in a healthcare facility or physician’s office at the time of injury.
S320would enact the Interstate Medical Licensure Compact in Article 3 of Chapter 47.
H3020 would prohibit a person from performing or inducing or attempting to perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the human fetus and whose fetal heartbeat has been detected, with exceptions to prevent death or a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
H3036, “Dylan’s Law” would require neonatal testing for certain genetic disorders and diseases (Krabbe, Fabry, Gaucher, Pompe, Hurler and Niemann-Pick disease and would require DHEC to require additional lysosomal storage disorders to be tested when testing for such disorders becomes available.
H3081, entitled the Medical Use of Marijuana Act”, would provide that the possession, acquisition, use, delivery, transfer, transportation, or administration of medical marijuana by a certified patient or designated caregiver possessing a valid registry identification card, for certified medical use, is lawful provided that: the marijuana that may be possessed by a certified patient may not exceed a thirty-day supply of the dosage as determined by the practitioner, consistent with any guidance issued and regulations promulgated by the department, provided that during the last seven days of any thirty-day period, the certified patient also may possess up to such amount for the next thirty-day period; the marijuana that may be possessed by designated caregivers does not exceed the quantities in item (1) for each certified patient for whom the caregiver possesses a valid registry identification card, up to five certified patients; the form or forms of medical marijuana that may be possessed by the certified patient or designated caregiver pursuant to a certification must be in compliance with any recommendation or limitation by the practitioner as to the form or forms of medical marijuana or dosage for the certified patient in the certification; and the medical marijuana must be kept in the original package in which it was dispensed exception for the portion removed for immediate consumption for certified medical use by the certified patient. Additional provisions, definitions and exceptions are stated.
H3182, previously filed last session, would enact the South Carolina Unborn Child Protection From Dismemberment Abortion Act.
H3272, previously filed last session, would allow for medical use of marijuana by a registered patient in a quantity medically necessary to address a debilitating medical condition. The bill outline amounts permitted, defines debilitating medical condition, and establishing that DHEC administers program.
H3284, the Hearing Aid Coverage for Children Act, would require a health insurance plan to provide coverage for hearing aids and replacement hearings aids for a covered individual with impaired hearing. The covered individual must be diagnosed with permanent hearing loss by a licensed audiologist to be eligible for coverage and must be eighteen years of age or younger.
H3286 would establish the Sickle Cell Disease Voluntary Patient Registry Act through DHEC.
H3289,previously filed last session, would establish that the right to life for each born and preborn human vests at fertilization and rights of due process and equal protection vest at fertilization for each born and preborn human being.
H3354, previously filed last session, would provide that the out-of-state acquisition of any drug intended for use in administering the death penalty is exempt from all regulations promulgated by the Board of Pharmacy. The bill would further provide that any pharmacy or pharmacist involved in supplying, manufacturing or compounding any drug intended in the administration of the death penalty is exempt from all licensing processes and requirements of the agency.
H3399would update the Physicians Assistants’ (PA) Practice Act, Section 40-47-905 et al.
H3449 would establish that the Department of Agriculture is responsible for the regulation of hemp in the state and must develop a regulatory structure in accordance with the regulations promulgated by the USDA.
Both the Senate and the House have filed bills S. 320 and H. 3101 that would adopt the Interstate Medical Licensure Compact. Although neither bill is currently posted on a subcommittee meeting agenda but is expected to show up soon as a request for a Fiscal Impact Statement (FIS) on the House bill has been received. These bills would allow for easier licensure between states but may keep individual state medical boards from declining licensure applications of physicians from other states.