S*0234(Rat #0068, Act #0047 of 2017)  General Bill, By Massey
 AN ACT TO AMEND SECTION 44-61-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND DATA COLLECTED OR
 PREPARED BY EMERGENCY MEDICAL SERVICES, SO AS TO MAKE THE IDENTITIES OF
 PATIENTS AND EMERGENCY MEDICAL TECHNICIANS SUBJECT TO SUBPOENA IN JUDICIAL
 PROCEEDINGS; AND TO AMEND SECTION 44-61-340, AS AMENDED, RELATING TO THE
 CONFIDENTIALITY OF INFORMATION AND DATA COLLECTED AS PART OF THE EMERGENCY
 MEDICAL SERVICES FOR CHILDREN PROGRAM, SO AS TO MAKE CONFORMING CHANGES. -
 ratified title

   01/10/17  Senate Introduced and read first time
                     (Senate Journal-page 119)
   01/10/17  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 119)
   02/07/17  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 19)
   02/09/17  Senate Committee Amendment Adopted (Senate Journal-page 13)
   02/09/17  Senate Read second time (Senate Journal-page 13)
   02/09/17  Senate Roll call Ayes-36  Nays-0 (Senate Journal-page 13)
   02/14/17  Senate Read third time and sent to House
                     (Senate Journal-page 21)
   02/15/17  House  Introduced and read first time (House Journal-page 21)
   02/15/17  House  Referred to Committee on Judiciary
                     (House Journal-page 21)
   04/26/17  House  Committee report: Favorable Judiciary
                     (House Journal-page 117)
   05/02/17  House  Debate adjourned until Wed., 5-3-17
                     (House Journal-page 45)
   05/03/17  House  Debate adjourned until Thur., 5-4-17
                     (House Journal-page 13)
   05/04/17  House  Amended (House Journal-page 18)
   05/04/17  House  Read second time (House Journal-page 18)
   05/04/17  House  Roll call Yeas-101  Nays-0 (House Journal-page 20)
   05/09/17  House  Read third time and returned to Senate with
                     amendments (House Journal-page 60)
   05/11/17  Senate Non-concurrence in House amendment
                     (Senate Journal-page 62)
   05/11/17  Senate Roll call Ayes-0  Nays-39 (Senate Journal-page 62)
   05/11/17  House  House insists upon amendment and conference
                     committee appointed Reps. Murphy, DC Moss,
                     Bernstein (House Journal-page 15)
   05/11/17  Senate Conference committee appointed Massey, Nicholson,
                     Corbin (Senate Journal-page 64)
   05/11/17  House  Conference report adopted (House Journal-page 69)
   05/11/17  House  Roll call Yeas-85  Nays-0 (House Journal-page 71)
   05/11/17  Senate Conference report received and adopted
                     (Senate Journal-page 64)
   05/11/17  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 65)
   05/11/17  Senate Ordered enrolled for ratification
                     (Senate Journal-page 67)
   05/15/17         Ratified R 68
   05/19/17         Signed By Governor
   05/25/17         Effective date 5/19/17
   05/31/17         Act No. 47

(A47, R68, S234)

AN ACT TO AMEND SECTION 44-61-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND DATA COLLECTED OR PREPARED BY EMERGENCY MEDICAL SERVICES, SO AS TO MAKE THE IDENTITIES OF PATIENTS AND EMERGENCY MEDICAL TECHNICIANS SUBJECT TO SUBPOENA IN JUDICIAL PROCEEDINGS; AND TO AMEND SECTION 44-61-340, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND DATA COLLECTED AS PART OF THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM, SO AS TO MAKE CONFORMING CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

Emergency medical services, subpoena exception to data confidentiality

SECTION    1.    Section 44-61-160(A) of the 1976 Code, as last amended by Act 157 of 2010, is further amended to read:

"(A)    The identities of patients and emergency medical technicians mentioned, referenced, or otherwise appearing in information and data collected or prepared by emergency medical services must be treated as confidential. The identities of these persons are not available to the public under the Freedom of Information Act. However, the identities of patients and emergency medical technicians and information and data collected or prepared by emergency medical services are subject to subpoena in any administrative, civil, or criminal proceeding and may be released by court order. An individual in attendance at a proceeding must not be required to testify as to the identity of a patient except pursuant to court order. A person, medical facility, or other organization providing or releasing information in accordance with this article must not be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose. However, the name of emergency medical technicians, and information and data collected or prepared by emergency medical services must be released to the patient upon his request. In the event the patient is incapacitated or deceased, the name of emergency medical technicians, information, and data collected or prepared by emergency medical services must be released to the patient's immediate family, the patient's legal guardian, or the patient's legal representative upon their request."

Emergency Medical Services for Children Program, subpoena exception to data confidentiality

SECTION    2.    Section 44-61-340(A) of the 1976 Code, as last amended by Act 157 of 2010, is further amended to read:

"(A)    The identities of patients and emergency medical technicians mentioned, referenced, or otherwise appearing in information or data collected or prepared by the EMSC Program must be treated as confidential. The identities of these persons are not available to the public under the Freedom of Information Act. However, the identities of patients and emergency medical technicians and information and data collected or prepared by emergency medical services are subject to subpoena in any administrative, civil, or criminal proceeding and may be released by court order. An individual in attendance at a proceeding shall not be required to testify as to the identity of a patient except pursuant to court order. A person, medical facility, or other organization providing or releasing information in accordance with this article must not be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose. However, the name of emergency medical technicians, and information and data collected or prepared by emergency medical services must be released to the patient or the patient's legal guardian upon request. In the event the patient is incapacitated or deceased, the name of emergency medical technicians, information, and data collected or prepared by emergency medical services must be released to the patient's immediate family, the patient's legal guardian, or the patient's legal representative upon their request."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.