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Bill

Bill

H 4165

Non-opiod Pain Management

2025-2026 Regular Session Introduced by Brandon Cox and 5 co-sponsors

Requires clinicians to discuss non‑opioid pain options with patients before prescribing Schedule II opioids, provide the DPH pamphlet, and document the discussion.

Debate adjourned until Tues., 1-13-26
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Bill Summary · H 4165

Bill summary — H 4165: "Non‑Opioid Treatments for Pain Management"

Note up front: the file you provided contains mixed material (a Massachusetts bill about parent names on birth certificates and a separate South Carolina draft titled “Non‑Opioid Treatments for Pain Management”). This summary focuses on the non‑opioid pain management text (the substantive provisions titled “Article 20” to Chapter 53, Title 44), which matches the bill title you requested.

Purpose

To promote use of non‑opioid alternatives for pain treatment by (1) requiring the state Department of Public Health (DPH) to develop an educational pamphlet on non‑opioid options and (2) requiring prescribers to inform and discuss non‑opioid alternatives with patients before prescribing Schedule II opioid drugs for pain, with documentation of that discussion.

Key provisions

  • Adds Article 20 to Chapter 53, Title 44 (South Carolina Code) titled “Non‑Opioid Treatments for Pain Management.”
  • Definitions:
    • “Healthcare practitioner” — licensed/certified provider authorized to prescribe controlled substances.
    • “Non‑opioid treatment” — drug or biologic producing analgesia without acting on opioid receptors.
  • Education (Section 44‑53‑2020):
    • DPH must develop and publish an educational pamphlet on non‑opioid pain treatments, including pharmacologic and non‑pharmacologic options and pros/cons.
    • DPH is authorized to work with the South Carolina Opioid Recovery Fund to explore using opioid‑abatement funds (subject to law) to support education and services related to non‑opioid alternatives.
    • Pamphlet posting deadline: no later than September 30, 2025.
  • Practitioner requirements (Section 44‑53‑2030):
    • Except in emergency services and certain other exclusions in later drafts, before prescribing/ordering/dispensing/administering a Schedule II opioid for pain, a practitioner must:
    • Inform the patient about available non‑opioid alternatives (e.g., non‑opioid drugs, interventional procedures, acupuncture, chiropractic care, massage, PT/OT, etc.).
    • Discuss advantages/disadvantages, including patient risk factors (history of substance misuse) and preferences.
    • Offer the DPH pamphlet and document the non‑opioid alternatives considered in the medical record.
    • Later versions explicitly list exclusions: medical emergencies, acute trauma, hospitalized patients, cancer, palliative/end‑of‑life, sickle cell disease, perioperative care, or prescriptions governed by CDC opioid prescribing guidelines.
  • Effective date: upon gubernatorial approval.

Who is affected

  • Healthcare practitioners authorized to prescribe controlled substances (particularly those prescribing Schedule II opioids for pain).
  • Patients being considered for Schedule II opioid treatment.
  • Department of Public Health (responsible for educational material and webpage posting).
  • Potential utilization of Opioid Recovery Fund resources for education/services.

Procedural status & timeline (as provided)

  • Introduced: March 6, 2025 (read and referred to committee).
  • Committee report (May 1, 2025): Favorable with amendment (Medical, Military, Public and Municipal Affairs).
  • Amended and debated in May 2025; various filings and versions 03/06–05/07/2025.
  • Hearing scheduled: July 10, 2025 (9:00 AM–1:00 PM).
  • Pamphlet required to be posted by September 30, 2025.
  • Effective upon Governor’s approval.

Potential impacts and considerations

  • Likely to increase patient education and shared decision‑making around pain treatment and may reduce initiation of Schedule II opioids in some cases.
  • Creates a documentation requirement that may add administrative burden on prescribers and medical record systems.
  • Use of opioid‑abatement funds to support non‑opioid services could expand access to non‑pharmacologic therapies, subject to legal and budgetary constraints.
  • Enforcement mechanism and penalties for noncompliance are not specified in the text provided.
  • The list of explicit exclusions in later drafts narrows applicability to many acute, oncologic, perioperative, and palliative contexts.

If you want, I can:
- Produce a one‑page fact sheet for clinicians summarizing required steps and documentation language; or
- Compare language across the different draft versions to highlight changes (e.g., addition of exclusions).

Compiled from official sources — confirm details with the bill’s official record.

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