South Carolina Code of Laws
Chapter 43 - South Carolina Pharmacy Practice Act
Section 40-43-260. Information to be provided to patients; patient counseling.

Text of section effective upon contingency. See, Editor's Note.
(A) A pharmacist who dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive pursuant to this chapter shall:
(1) obtain a completed self-screening risk assessment questionnaire that has been approved by the department, in collaboration with the Board of Pharmacy and the Board of Medical Examiners, from the patient before dispensing the self-administered hormonal contraceptive or administering the injectable hormonal contraceptive. If the results of the assessment indicate that it is unsafe to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to a patient, then the pharmacist may not dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to the patient, shall refer the patient to a practitioner, and may not continue to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive to the patient for more than twenty-four months after the date of the initial prescription without evidence that the patient has consulted with a practitioner during the preceding twenty-four months; and
(2) provide the patient with written information regarding:
(a) the importance of seeing the patient's practitioner annually to obtain recommended tests and screening;
(b) the effectiveness and availability of long-acting reversible contraceptives as an alternative to self-administered hormonal contraceptives or injectable hormonal contraceptives;
(c) a copy of the record of the encounter with the patient that includes the patient's completed assessment questionnaire pursuant to item (1);
(d) a description of the contraceptive dispensed or administered, or the basis for not dispensing or administering a contraceptive;
(e) the South Carolina Medicaid program and how to apply for Medicaid benefits; and
(f) the effectiveness of abstinence in preventing pregnancy and contracting a sexually transmitted infection or disease. The materials shall include the following: Abstinence is the choice not to have sex. This method is one hundred percent effective in preventing pregnancy and infection as long as all sexual contact is avoided, including vaginal, oral, and anal sex.
(B) If a pharmacist dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive to a patient, then the pharmacist shall, at a minimum, provide patient counseling to the patient regarding:
(1) the appropriate administration and storage of a self-administered hormonal contraceptive, if appropriate;
(2) any potential side effects and risks of a self-administered hormonal contraceptive or injectable hormonal contraceptive;
(3) the need for backup contraception;
(4) when to seek emergency medical attention; and
(5) the risk of contracting a sexually transmitted infection or disease, along with ways to reduce the risk of contraction.
HISTORY: 2022 Act No. 210 (S.628), Section 2, eff upon contingency.

Editor's Note
2022 Act No. 210, Sections 1, 4, and 6, provide as follows:
"SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."
"SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."
"SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 43 - South Carolina Pharmacy Practice Act

Section 40-43-10. Short title; purpose of chapter; severability.

Section 40-43-20. License required.

Section 40-43-30. Definitions.

Section 40-43-40. State Board of Pharmacy; creation; membership; terms; qualifications; vacancies; removal.

Section 40-43-50. Board meetings; quorum; chair and vice chair.

Section 40-43-60. Chief drug inspector; staff inspectors; duties; violation corrections or prosecution; duties of board; adulterated or misbranded drugs; destruction at owner's expense; seal of drugs and devices under control of licensee when license...

Section 40-43-70. Federally qualified health centers.

Section 40-43-75. Renal dialysis facilities; authority to deliver a legend drug or device to a patient.

Section 40-43-80. Qualifications of applicants for pharmacy license examination.

Section 40-43-81. Transfer of pharmacist licenses from other jurisdictions; reciprocity required.

Section 40-43-82. Pharmacy technicians; registration; approval of training programs; minimum requirements; pharmacists previously disciplined not eligible to be technicians; volunteers at free medical clinics.

Section 40-43-83. In-state facilities dealing with prescription drugs; out-of-state facilities in mail order pharmacy service; permits; registered agents; required pharmacist-in-charge; display of permit; penalty; refusal of permit if not in public i...

Section 40-43-84. Internship and externship certificates; program requirements; intern and extern restrictions; requirements for supervisory site and pharmacist.

Section 40-43-85. Notification form regarding internship; practical experience; experience gained outside State; credit for externship programs; requirements for site and supervising pharmacists.

Section 40-43-86. Facility requirements for pharmacies; presence of pharmacist-in-charge; consultant pharmacists; prescription drug orders; transferring of prescriptions; substitution of equivalent drug or interchangeable biological product; label re...

Section 40-43-87. Nuclear/radiologic pharmacy practice; regulations set by Nuclear Regulatory Commission; revocation of materials license; inspections; hearings regarding violations of state or federal law; space and equipment requirements.

Section 40-43-88. Standards for preparation, labeling, and distribution of sterile products by pharmacies.

Section 40-43-89. Wholesale distributor permits and renewals; required information; changes; forms; personnel and facility requirements; recordkeeping; disposal of outdated, damaged, impure, or unsealed drugs; adherence to policies and procedures; in...

Section 40-43-90. Permit requirements for applicants; permits not transferrable or assignable.

Section 40-43-91. Reports to Board of Pharmacy regarding thefts, convictions, changes in ownership or pharmacy employment, disasters, and accidents; return of permit; penalty for failure to comply.

Section 40-43-110. License expiration; license renewals; lapsed licenses.

Section 40-43-130. Continuing education; topics; hours; carry over of hours; exemption period following examination; certificate of completion; authority to grant exemption for postgraduate degree work.

Section 40-43-140. Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter.

Section 40-43-150. Procedures for investigations, hearings, injunctive actions, and disciplinary actions; voluntary surrender of license; appeal.

Section 40-43-160. Unlawful practice of pharmacy following hearing; fine; penalty.

Section 40-43-170. State of Emergency; prerequisites to emergency refills; dispensing of medications by pharmacists not licensed in this State.

Section 40-43-180. Construction of chapter; third party payors not required to provide service or pay for services provided for in this chapter.

Section 40-43-190. Protocol for pharmacists to administer vaccines without order of practitioner; informed consent; records.

Section 40-43-195. Central fill pharmacies.

Section 40-43-200. Joint Pharmacist Administered Vaccines Committee; meetings, quorum, and chairperson; duties of committee.

Section 40-43-210. Definitions.

Section 40-43-230. Pharmacists permitted to dispense self-administered hormonal contraceptives in certain circumstances.

Section 40-43-240. Written joint protocol to authorize pharmacists to dispense self-administered hormonal contraceptives.

Section 40-43-250. Initial education requirement; continuing education.

Section 40-43-260. Information to be provided to patients; patient counseling.

Section 40-43-270. Limitations from liability and professional discipline.