South Carolina H 3117: Prescriptions

Bill Text

2025-2026 Bill 3117 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3117

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"PRESSLEY CAVIN STUTTS JR. PATIENT AND HEALTH PROVIDER PROTECTION ACT"; AND BY 
ADDING SECTION 44-53-364 SO AS TO AUTHORIZE THE PRESCRIBING OF OFF-LABEL MEDICATIONS 
AND, IF PRESCRIBED, TO REQUIRE THEIR DISPENSING, WITH EXCEPTIONS.

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

SECTION 1. This act may be cited as the "Pressley Cavin Stutts Jr. Patient and 
Health Provider Protection Act."

SECTION 2. Article 3, Chapter 53, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-53-364. (A) As used in this section:

 (1) 
"Health-related licensing board" means a state board authorized pursuant to 
Title 40 to issue a license to engage in the practice of a licensed health 
professional authorized to prescribe drugs.

 (2) 
"Hospital" has the same meaning as in Section 44-7-130 and includes a hospital 
owned or operated by the United States Department of Veterans Affairs.

 (3) 
"Identified" means that a hospital or inpatient facility pharmacist has 
determined that a patient's off-label drug is in the original manufacturer's 
packaging or is labeled from an outpatient retail pharmacy, has been approved 
by the prescriber for use, and is not outside of its beyond-use date.

 (4) 
"Inpatient facility" means either or both of the following:

 (a) 
a nursing home as defined in Section 44-7-130; or

 (b) 
a freestanding inpatient rehabilitation facility licensed under Article 3, 
Chapter 7, Title 44.

 (5) 
"Off-label drug" means a drug that is both of the following:

 (a) 
approved by the United States Food and Drug Administration to treat or prevent 
a disease, illness, or infection, but prescribed for or used by a patient to 
treat or prevent another disease, illness, or infection; and

 (b) 
legal for use in this State.

 (6) 
"Pharmacist" means an individual who holds a license issued pursuant to Chapter 
43, Title 40, authorizing the individual to practice pharmacy.

 (7) 
"Political subdivision" means a county, township, municipal corporation, school 
district, or other body corporate and politic responsible for governmental 
activities in a geographic area smaller than that of the State. "Political 
subdivision" also includes a board of health of a city or general health 
district.

 (8) 
"Prescriber" means a physician licensed pursuant to Chapter 47, Title 40; an 
advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 
and prescribing in accordance with the requirements of that chapter; or a 
physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and 
prescribing in accordance with the requirements of that article.

 (9) 
"Public official" means any officer, employee, or duly authorized agent or 
representative of a state agency or political subdivision.

 (10) 
"State agency" means any organized agency, board, body, commission, department, 
institution, office, or other entity established by the laws of the State for 
the exercise of any function of state government. "State agency" does not 
include a court.

 (B) A 
prescriber may issue for a patient a prescription for any drug, including an 
off-label drug, if the prescriber has obtained the patient's informed consent 
or the consent of the person holding the patient's healthcare power of 
attorney. All of the following apply to the prescribing of an off-label drug 
under this subsection:

 (1) 
The prescriber is not required to obtain a test result before issuing the 
prescription for the patient's use of the drug at home or for other outpatient 
treatment.

 (2) 
The patient is not required to have had a positive screen for a particular 
disease, illness, or infection before the prescriber issues the prescription.

 (3) 
The patient is not required to have been exposed to a disease, illness, or 
infection before the prescriber issues the prescription for the patient's 
prophylactic use of the drug.

 (C)(1) A pharmacist shall dispense, and a 
hospital or inpatient facility shall allow the dispensing of, an off-label drug 
to a patient if a prescriber has issued for the patient a prescription for the 
drug as described in subsection (B), except if either of the following is the 
case:

 (a) 
As provided in Chapter 139, Title 44, the pharmacist, hospital, or inpatient 
facility has a moral, ethical, or religious belief or conviction that conflicts 
with the drug's dispensing.

 (b) 
The pharmacist has documented that the patient has a history of a 
life-threatening allergic reaction to the prescribed off-label drug or there is 
a life-threatening contraindication.

 (2) 
When a pharmacist must dispense, or