South Carolina H 4335: Telehealth and telemedicine providers

Bill Text

2025-2026 Bill 4335 Text of Previous Version (Apr. 09, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4335

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 AMENDING 
SECTION 40-47-37, RELATING TO REQUIREMENTS TO PRACTICE OF TELEMEDICINE IN SOUTH 
CAROLINA, SO AS TO PROVIDE LICENSEES DO NOT NEED TO RESIDE OR MAINTAIN A 
PHYSICAL OFFICE IN THIS STATE TO BE CONSIDERED ACTIVELY PRACTICING MEDICINE 
WITHIN THE GEOGRAPHIC BOUNDARIES OF THIS STATE.

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

SECTION 1. Section 40-47-37(A)(4) of the S.C. Code is amended to 
read:

 (4) be licensed to practice medicine in 
this State; provided, however, notwithstanding the 
requirements of Section 40-47-195(D)(a)(ii), a licensee need not reside or maintain a physical office in this State to be considered actively practicing medicine within the 
geographical boundaries of this State if he has a valid, current South 
Carolina medical license; further, provided, that a licensee who resides in 
this State and intends to practice medicine via telemedicine to treat or 
diagnose patients outside of this State shall comply with other applicable 
state licensing boards; and

 (a) 
this requirement is not applicable to an informal consultation or second 
opinion, at the request of a physician licensed to practice medicine in this 
State, provided that the physician requesting the opinion retains the authority 
and responsibility for the patient's care; and

 (b) 
where an in-person physician-patient relationship is established in another 
state for specialty care and treatment is ongoing by that out-of-state 
provider, care provided pursuant to an existing treatment plan via telehealth 
in this State by the out-of-state provider between in-person visits is 
considered acts incidental to the care of the patient in another state and the 
out-of-state provider is not required to be licensed in this State. This 
exception may not be construed to apply to:

 (i) 
episodic care that is provided by an out-of-state provider;

 (ii) new health conditions that arise 
and are not connected to the condition being treated by the out-of-state 
provider; or

 (iii) care provided by an 
out-of-state provider for extended periods of time without intervening 
in-person visits; and

 (c) 
for purposes of subitems (a) and (b), the care provided to the patient by the 
out-of-state provider is deemed to have occurred where the patient was located 
at the time health care services were provided to him by means of telehealth; 
and

 (d) 
shall maintain a controlled substances registration with South Carolina's 
Bureau of Drug Control if prescribing controlled substances.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on April 09, 2025 at 03:27 PM