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Full Agenda for First 3M Full Committee Meeting of the Year
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The full House Medical, Military, Public and Municipal Affairs (3M) committee met for the first time this year to decide the fate of eight different bills that have been favorably passed with or without amendment by the subcommittees.
Starting off the debate was H. 4713, which would require health care facilities to conduct annual risk assessments in order to improve patient and visitor safety. Multiple Representatives questioned why this bill was necessary since 96% of hospitals already conduct safety tests and implement measures to protect against threats. The bill was amended to remove physician offices from the requirement, leaving only hospitals, nursing homes, residential treatment facilities for children and adolescents, community care centers, and facilities that perform abortions needing to comply. H. 4713 passed on a 10-8 vote.
Next in line for discussion was H. 4355, authorizing pharmacists and nurses to administer or dispense methadone or other opioid treatment medications in certified opioid treatment centers (OTC). There was an amendment to this bill that would allow nurses to dispense and administer the drug without a pharmacist present but also creates a consulting pharmacist that must perform onsite inspections at the OTCs. Several members of the committee commented about receiving calls of concerns from pharmacists in their area about this bill and wishing to make sure all stakeholders were accepting of the amendment. The committee voted in favor of the bill as amended.
H. 4711 requires physicians or other prescribers writing a prescription for a medicine that has the potential to cause an overdose to also prescribe naloxone, the antidote, and if they do not, they may be subject to the scrutiny of the medical board. This bill was amended to require the naloxone prescription in certain circumstances only when prescribing an opioid to a patient with a risk factor for overdose. There were concerns among the committee that this might encourage individuals to abuse the medicine if they are automatically given the antidote, but they were reminded that this bill only applies to those who are high risk. The Committee voted to pass the bill as amended.
H. 4938, sponsored by Representative Ridgeway, adds exceptions to the electronic prescription requirement passed into law last year. Included in the new exceptions in this bill are outpatient facilities of the Department of Mental Health (DMH) and in-home hospice providers. The committee voted in favor of the bill.
H. 4663 would allow pharmacists to administer influenza vaccines without the order of a physician to individuals of any age pursuant to a protocol issued by the Board of Medical Examiners, as recommended by the Joint Pharmacist Administered Vaccines Committee. There was an additional amendment proposed that would require the pharmacist to check the South Carolina vaccination records, but this amendment was tabled. The Committee voted in favor of the bill.
H. 4669, a bill which eliminates exceptions for physicians who certify fewer than twelve deaths a year to require mandatory electronic filing of death certificates, H. 4724, establishing a committee to study veteran homelessness and unemployment, and H. 4214, defining and adding Autism Spectrum Disorder to the "Medical Care for Children with Autism Act", were all favorably passed with little discussion.
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Legislation to Loosen Requirement to Restrain Inmates in Labor Passes Senate Subcommittee
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On Tuesday, the Senate Corrections and Penology subcommittee met to hear testimony on House bill 3967. The purpose of this bill is to amend the current law that requires restraining inmates, even those with clinical diagnosis of pregnancy or postpartum recovery. All the individuals that spoke were in favor of this bill being passed.
Starting off the discussion was Dr. James Cook, OBGYN at Prisma Health. He explained that this amendment should be passed because it is consistent with national and international guidelines on how pregnant and postpartum inmates should be treated. Dr. Cook pointed out that if a pregnant inmate is handcuffed by her wrists, feet, or both, she will have a greater risk of falling, as pregnancy changes a woman's center of gravity. With the increased her chance of falling, her handcuffs will hinder her from protecting herself and the baby, causing harm to both mother and fetus.
A medical student working with Dr. Cook was next to speak in favor of the amendment. She spoke of a time when she assisted in an inmate's delivery where the woman was shackled to the bed before, during, and after giving birth. She explained that there were guards in the room but because it is protocol, they would not remove the handcuffs even though the woman's wrists were being cut into during labor. The student ended her story by stating that this is a human rights' issue.
Other individuals provided similar stories as the medical student and each one asked the subcommittee to act quickly and pass this bill.
The bill received a favorable report and will go to the full Senate Corrections and Penology committee.
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Testimony Continues on Medical Marijuana Bill
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A subcommittee of the Medical, Military, Public and Municipal (3M) committee held discussions on Wednesday over House bill 3660, the Compassionate Care Act. This Act would enable the sale of medical cannabis to patients experiencing chronic pain or fitting other criteria, require the Department of Health and Environmental Control (DHEC) to create regulations and submit reports, establish a medical cannabis advisory board, and other tax related exemptions. According to the subcommittee chairman, this bill has been on the docket for seven years.
The first to speak in favor of this bill was a woman and her nephew, for whom she cares. They told the story of his struggle with epilepsy; the young man explained that he had to take twenty-two pills a day to stop his seizures. He recently has been taking CBD oil which has helped reduced the number of pills he must take as well as the number of seizures he has. They both believe that access to medical marijuana would cease all pill taking and stop seizures all together.
The next person to speak was a representative from the law enforcement community and the Sheriff Association. He argued that there is not enough research on medical marijuana and that the science should be leading the debate on this subject, not lawmakers. He believes that study of medical marijuana should be promoted, and greater research conducted.
Representative Hart countered this argument with his example of Zantac, a drug that has had adverse effects on many of its users and is FDA approved. The speaker argued that substance abuse was a matter of public safety. The subcommittee did not appear to be swayed by this argue of reasoning.
The subcommittee heard similar testimony from other individuals for and against the Compassionate Care Act over the course of the afternoon. After a short break, Representative Ridgeway spoke about his concerns. Stating he is not against medical marijuana, but some of the language in the bill was too vague. He went on to say that this bill should "start low and go slow", calling for a smaller version of the bill. The subcommittee adjourned debate in order to create amendments and will continue discussion at a later time.
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Intros of Interest
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- House bill 5241 (Murphy, et al): A companion bill to S. 1077 was introduced in the House this week. This bill would exempt Level II NICUs from needing a CON to have a Level III NICU if other requirements are met. This bill was referred to the House Judiciary Committee.
- House bill 5242 (Rutherford): H. 5242 would prohibit a not-for-profit entity with more than $1 billion in gross revenue annual from having non-compete agreements with employees. It also would make existing non-compete agreements void for those entities. This bill was referred to the House Judiciary Committee.
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February 21, 2020
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