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A146, R151, H3832
Sponsors: Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon
Document Path: l:\council\bills\nbd\11571ac05.doc
Companion/Similar bill(s): 756
Introduced in the House on March 31, 2005
Introduced in the Senate on April 28, 2005
Last Amended on May 26, 2005
Passed by the General Assembly on May 31, 2005
Became law without Governor's signature, June 8, 2005
Summary: Hospital Patient Protection Act; Lewis Blackman Hospital Patient Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/31/2005 House Introduced and read first time HJ-10 3/31/2005 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-11 4/19/2005 House Committee report: Favorable Medical, Military, Public and Municipal Affairs HJ-7 4/20/2005 Scrivener's error corrected 4/26/2005 House Amended HJ-30 4/26/2005 House Debate interrupted HJ-31 4/26/2005 House Read second time HJ-35 4/27/2005 House Read third time and sent to Senate HJ-14 4/28/2005 Senate Introduced and read first time SJ-15 4/28/2005 Senate Referred to Committee on Medical Affairs SJ-15 5/25/2005 Senate Committee report: Favorable with amendment Medical Affairs SJ-31 5/26/2005 Scrivener's error corrected 5/26/2005 Senate Amended SJ-330 5/26/2005 Senate Read second time SJ-330 5/26/2005 Senate Unanimous consent for third reading on next legislative day SJ-330 5/27/2005 Senate Read third time and returned to House with amendments 5/31/2005 House Concurred in Senate amendment and enrolled HJ-75 6/1/2005 Ratified R 151 6/8/2005 Became law without Governor's signature 6/15/2005 Copies available 6/15/2005 Effective date 06/08/05 6/16/2005 Act No. 146
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A146, R151, H3832)
AN ACT TO ENACT THE "LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT" BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION; TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR RESPONSIBLE FOR THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, AND WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING PARTICIPATING IN SURGERY; REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST PATIENTS IN CALLING THEIR ATTENDING PHYSICIANS; REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES, WHEREBY PATIENTS CAN ACCESS PROMPT ASSISTANCE FOR RESOLUTION OF THE PATIENT'S PERSONAL MEDICAL CARE CONCERNS; TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO HOSPITALS OWNED OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND DOES NOT CREATE A CIVIL CAUSE OF ACTION; AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER AND ENFORCE THIS ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
"Lewis Blackman Hospital Patient Safety Act"
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-3410. This article may be cited as the 'Lewis Blackman Hospital Patient Safety Act'.
Section 44-7-3420. For purposes of this article:
(1) 'Clinical staff' means persons who work in a hospital whose duties include the personal care or medical treatment of patients. 'Clinical staff' includes, but is not limited to, credentialed physicians, physicians' assistants, nurses, nursing aides, medical technicians, therapists, and other individuals involved in the personal care or medical treatment of patients.
(2) 'Clinical trainees' means persons who are receiving health care professional training in a hospital, either paid or unpaid, students or licensed professionals, whose training includes the personal care or medical treatment of patients. 'Clinical trainees' includes, but is not limited to, resident physicians, medical students, nursing students, and other students and individuals in health care professional training in a hospital.
(3) 'Credentialed caregiver' means a nurse practitioner or physician's assistant who is licensed to care for patients within his or her scope of practice.
(4) 'Credentialed physician' means a licensed physician who has completed his or her postgraduate medical training who has medical staff privileges at a hospital.
(5) 'Attending physician' means a licensed physician who has completed his or her postgraduate medical training and who has medical staff privileges at a hospital and who has primary responsibility for a patient's care while the patient is in the hospital.
(6) 'Designee' means a credentialed physician or a credentialed caregiver whom a patient's attending physician has designated to care for the patient in the absence of the attending physician.
(7) 'Medical student' means an individual enrolled in a program culminating in a degree in medicine.
(8) 'Patient' means an individual who is being treated by a physician in a hospital and includes a patient's representative or an individual allowed by law to make health care decisions for a patient who is a minor or who is unable to consent to health care treatment for himself or herself, or both.
(9) 'Resident physician' means an individual who is participating in any graduate medical education program and whose relationship to the patient is under the auspices of the medical education program.
(10) 'Intern' means an individual who is an advanced student or graduate in medicine gaining supervised practical experience.
Section 44-7-3430. All clinical staff, clinical trainees, medical students, interns, and resident physicians of a hospital shall wear badges clearly stating their names, their departments, and their job or trainee titles. All clinical trainees, medical students, interns, and resident physicians must be explicitly identified as such on their badges. This information must be clearly visible and must be stated in terms or abbreviations reasonably understandable to the average person, as recognized by the Department of Health and Environmental Control.
Section 44-7-3440. Except in emergency admissions, a hospital shall provide to each patient prior to, or at the time of the patient's admission to the hospital for inpatient care or outpatient surgery, written information describing the general role of clinical trainees, medical students, interns, and resident physicians in patient care. The written information must also notify the patient that the attending physician is the person responsible for the patient's care while the patient is in the hospital and that the patient's attending physician may change during the patient's hospitalization depending on the type of care or services required for the patient. The written information must also contain the information described in Section 44-7-3450. The written material must also state generally whether medical students, interns, or resident physicians may be participating in a patient's care, may be making treatment decisions for the patient, or may be participating in or performing, in whole or in part, any surgery on the patient. This document must be separate from the general consent for treatment.
Section 44-7-3450. (A) If at any time a patient requests that a nurse call his or her attending physician regarding the patient's personal medical care, the nurse shall place a call to the attending physician or his or her designee to inform him or her of the patient's concern. If the patient is able to communicate with and desires to call his or her attending physician or designee, upon the patient's request, the nurse must provide the patient with the telephone number and assist the patient in placing the call. A nurse or other clinical staff to whom such a request is made or who receives multiple requests may notify his or her immediate supervisor for assistance.
(B) Each hospital must provide a mechanism, available at all times, through which a patient may access prompt assistance for the resolution of the patient's personal medical care concerns.
For purposes of this section, 'mechanism' means a telephone number, beeper number, or other means of allowing a patient to independently access the patient assistance system and must not be construed as requiring a patient to request information or assistance in order to access the system; however, a clinical staff member or clinical trainee must promptly access the system on behalf of a patient if a patient requests such assistance. A description of this mechanism and the method for accessing it must be included in the written material described in Section 44-7-3440.
(C) The hospital must establish procedures for the implementation of the mechanism, providing for initiation of contact with administrative or supervisory clinical staff who shall promptly assess, or cause to be assessed, the urgent patient care concern and cause the patient care concern to be addressed.
Section 44-7-3455. The provisions of this article do not apply to hospitals owned or operated by the Department of Mental Health.
Section 44-7-3460. The Department of Health and Environmental Control shall administer and enforce the provisions of this article in accordance with procedures and penalties provided in law and regulation.
Section 44-7-3470. This article does not create a civil cause of action; however, this article must not be construed to preclude a claim that may have otherwise been asserted under common law or any other provision of law."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 1st day of June, 2005.
Became law without the signature of the Governor -- 6/8/05.
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