South Carolina Legislature MobileReference is to Printer's Date 2/23/11-H.
Amend the bill, as and if amended, Section 44-41-520(5) on page 3, line 14 by deleting /make referrals for,/
Amend the bill further, by deleting Section 44-41-530(B) and (C) beginning on page 3, line 41 through page 4, line 8 and inserting:
/ (B) If an employee or
prospective employee refuses to participate in one of the
procedures or actions listed in subsection (A) items (1) through
(5), the employer shall establish protocols that ensure that the
patient has timely and seamless access to the experiment,
procedure, or act despite the employee's or prospective
employee's refusal to participate in that experiment, procedure,
or act. The protocol must ensure either that another employee
participates in the experiment, procedure, or act or confirm
that a nearby facility will provide the experiment, procedure,
or act and refer the patient there without delay.
(C) Nothing in this
article permits a health care provider or insurer that otherwise
provides, performs, or covers an item or procedure to refuse to
do so for a person based on a judgment that:
(1)
discounts the value of the person's life because of his or
her age or disability; or
(2)
views the person as not meriting treatment because of an
innate personal characteristic, other than a characteristic that
would reduce the procedure's clinical effectiveness or increase
its risks.
(D) The notice given by
an employee pursuant to subsection (A) suffices without
specification of the reason the notice is provided.
/
Amend the bill further, Section 44-41-540 page 4, immediately after line 31 by inserting:
/ (D) nothing in this
article permits a health care facility to:
(1)
deny appropriate treatment to a patient whose life or
health is at risk; or
(2)
withhold information from a patient about his or her
condition or medically accepted treatment options or how to
access those services./
Renumber sections to conform.
Amend title to conform.