Current through 2024 Act No. 225.
Section 40-47-113 - Establishment of physician-patient relationship as prerequisite to prescribing drugs; unprofessional conduct(A) It is unprofessional conduct for a licensee initially to prescribe drugs to an individual without first establishing a proper physician-patient relationship. A proper relationship, at a minimum, requires that the licensee make an informed medical judgment based on the circumstances of the situation and on the licensee's training and experience and that the licensee: (1) personally perform and document an appropriate history and physical examination, make a diagnosis, and formulate a therapeutic plan;(2) discuss with the patient the diagnosis and the evidence for it, and the risks and benefits of various treatment options; and(3) ensure the availability of the licensee or coverage for the patient for appropriate follow-up care.(B) Notwithstanding subsection (A), a licensee may prescribe for a patient whom the licensee has not personally examined under certain circumstances including, but not limited to, writing admission orders for a newly hospitalized patient, prescribing for a patient of another licensee for whom the prescriber is taking call, prescribing for a patient examined by a licensed advanced practice registered nurse, a physician assistant, or other physician extender authorized by law and supervised by the physician, continuing medication on a short-term basis for a new patient before the patient's first appointment, or prescribing for a patient for whom the licensee has established a physician-patient relationship solely via telemedicine so long as the licensee complies with Section 40-47-37 of this act.(C) Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is unprofessional.Amended by 2016 S.C. Acts, Act No. 210 (SB 1035), s 4, eff. 6/3/2016.2006 Act No. 385, Section 1.