The "Pressley Cavin Stutts Jr. Patient and Health Provider Protection Act" aims to amend the South Carolina Code of Laws by adding Section 44-53-364, which authorizes the prescribing and dispensing of off-label medications under specific conditions. The bill defines key terms such as "off-label drug," "prescriber," and "pharmacist," and outlines the circumstances under which a prescriber can issue a prescription for an off-label drug, including the requirement for informed consent from the patient or their healthcare power of attorney. It also stipulates that pharmacists and hospitals must dispense these medications unless they have documented moral, ethical, or religious objections, or if there is a documented history of life-threatening allergic reactions.

Additionally, the bill provides protections for healthcare providers by ensuring that actions taken under this section are not considered unlawful or unprofessional conduct, except in cases of recklessness or gross negligence. It prohibits political subdivisions and state agencies from enforcing federal rules that restrict the prescribing or dispensing of off-label drugs. The act is set to take effect on July 1, 2025, and includes provisions to ensure that patients in hospitals or inpatient facilities are not denied necessary fluids or nutrition unless specified in their end-of-life directives.

Statutes affected:
12/05/2024: 44-53-364
Latest Version: 44-53-364