South Carolina S 161: Non-Opioid Pain Management

Bill Text

2025-2026 Bill 161 Text of Previous Version (Mar. 11, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 161

Indicates Matter Stricken
Indicates New Matter

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

Indicates 
Matter Stricken

Indicates New Matter

Committee Report

March 11, 2025

S. 161

Introduced 
by Senators Verdin, Garrett and Leber 

S. Printed 3/11/25--S.

Read the first time January 14, 2025

________

The committee on Senate 
Medical Affairs

To whom was referred a Bill (S. 161) to 
amend the South Carolina Code of Laws by adding Article 20 to Title 44, Chapter 
53, so as to provide for the adoption of a state preferred drug list; prohibit, 
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, SECTION 1, by 
deleting Section 44-53-2010 and 44-53-2020 from the bill.

Amend the bill further, SECTION 1, by striking Section 
44-53-2040(3) and inserting:

 (3) provide offer the patient with the educational pamphlet 
developed by the department pursuant to Section 44-53-2030(A) and document the 
non-opioid alternatives considered in the patient's record.

Renumber sections to conform.

Amend title to conform.

DANIEL VERDIN for 
Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING 
ARTICLE 20 TO TITLE 44, CHAPTER 53, SO AS TO PROVIDE FOR THE ADOPTION OF A 
STATE PREFERRED DRUG LIST; PROHIBIT PREFERENCING COVERAGE OF AN OPIOID 
PRESCRIPTION TREATMENT OVER NON-OPIOID TREATMENT; PROVIDE FOR THE CREATION OF 
AN EDUCATIONAL PAMPHLET BY THE DEPARTMENT OF PUBLIC HEALTH REGARDING NON-OPIOID 
ALTERNATIVES FOR THE TREATMENT OF PAIN; PROVIDE GUIDELINES FOR PRACTITIONERS 
OFFERING NON-OPIOID TREATMENT; AND TO PROVIDE DEFINITIONS.

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 
44-53-2000. 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 
44-53-2010. (A) Except as 
otherwise provided in this section, the Department of Health and Human Services 
may, in its sole discretion, adopt or amend a state preferred drug list (PDL). 
The adoption or amendment of a PDL and the recommendations of the Department of 
Health and Human Services pharmacy and therapeutics advisory committee are not 
agency actions and do not require rulemaking.

 (B) 
In establishing and maintaining the PDL, the Department of Health and Human 
Services shall ensure that no non-opioid drug approved by the United States 
Food and Drug Administration for the treatment or management of pain is 
disadvantaged or discouraged with respect to coverage relative to any opioid or 
narcotic drug for the treatment or management of pain on the PDL. Impermissible 
disadvantaging or discouragement includes:

 (1) 
designating a non-opioid drug as a non-preferred drug if any opioid or narcotic 
drug is designated as a preferred drug; or

 (2) 
establishing more restrictive or more extensive utilization controls, including 
prior authorization or step therapy requirements for a non-opioid drug that are 
more restrictive or more extensive than the least restrictive or extensive 
utilization controls applicable to an opioid or narcotic drug.

 (C) 
This section applies to a non-opioid drug immediately upon its approval by the 
United States Food and Drug Administration for the treatment or management of 
pain, regardless of whether the drug has been reviewed by the division for 
inclusion on the PDL. This section also applies to drugs being provided under a 
contract between the division and any managed care organization.

 Section 
44-53-2020. (A) Notwithstanding 
any other law, when a licensed physician or other qualified healthcare 
practitioner prescribes a non-opioid medication for treatment of acute or 
chronic pain, a managed care organization or other health insurance issuer 
shall not deny coverage of the non-opioid prescription drug in favor of an 
opioid prescription drug.

 (B) 
The Department of Health and Human Services shall ensure that relevant 
reimbursement is provided to a healthcare provider who provides a non-opioid 
treatment to a recipient under the medical assistance program.

 Section 
44-53-2030. (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 mus