South Carolina General Assembly
118th Session, 2009-2010

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A153, R179, S168

STATUS INFORMATION

General Bill
Sponsors: Senators Cleary, Campsen, Rose, Bryant, Elliott and Hutto
Document Path: l:\s-jud\bills\cleary\jud0004.js.docx

Introduced in the Senate on January 13, 2009
Introduced in the House on May 12, 2009
Passed by the General Assembly on May 5, 2010
Governor's Action: May 11, 2010, Signed

Summary: Medical malpractice insurance

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2008  Senate  Prefiled
  12/10/2008  Senate  Referred to Committee on Banking and Insurance
   1/13/2009  Senate  Introduced and read first time SJ-150
   1/13/2009  Senate  Referred to Committee on Banking and Insurance SJ-150
    5/5/2009  Senate  Committee report: Favorable Banking and Insurance SJ-14
    5/6/2009  Senate  Read second time SJ-18
    5/7/2009  Senate  Read third time and sent to House SJ-24
   5/12/2009  Senate  Read third time and sent to House
   5/12/2009  House   Introduced and read first time HJ-9
   5/12/2009  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-9
    3/4/2010  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-2
    3/8/2010          Scrivener's error corrected
   3/10/2010  House   Debate adjourned HJ-16
   3/11/2010  House   Debate adjourned until Tuesday, March 23, 2010 HJ-12
   3/23/2010  House   Debate adjourned until Wednesday, March 24, 2010 HJ-45
   3/24/2010  House   Debate adjourned until Thursday, March 25, 2010 HJ-34
   3/25/2010  House   Debate adjourned until Tuesday, March 30, 2010 HJ-32
   4/13/2010  House   Debate adjourned until Tuesday, May 4, 2010 HJ-46
    5/4/2010  House   Committee Amendment Tabled HJ-38
    5/4/2010  House   Read second time HJ-38
    5/5/2010  House   Read third time and enrolled HJ-9
    5/6/2010          Ratified R 179
   5/11/2010          Signed By Governor
   5/21/2010          Effective date 05/11/10
   5/25/2010          Act No. 153

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/10/2008
5/5/2009
3/4/2010
3/8/2010


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A153, R179, S168)

AN ACT TO AMEND SECTION 38-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL MALPRACTICE INSURANCE, SO AS TO PROVIDE THAT A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION, AND SEEKS NO REIMBURSEMENT FROM CHARITABLE AND GOVERNMENTAL SOURCES, AND PROVIDES NOTICE TO THE PATIENT OR PATIENT'S PROVIDER IN A NONEMERGENCY, IS NOT LIABLE FOR ANY CIVIL DAMAGES FOR ANY ACT OR OMISSION UNLESS THE ACT OR OMISSION WAS THE RESULT OF THE HEALTH CARE PROVIDER'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

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

Civil liability, health care provider under certain conditions immune from

SECTION    1.    Section 38-79-30 of the 1976 Code is amended to read:

"Section 38-79-30.        No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation or the expectation or promise of compensation and seeks no reimbursement from charitable and governmental sources is liable for any civil damages for any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide a voluntary, noncompensated service must be made before rendering service in the case of a nonemergency and may be evidenced by the provider's giving notice to the patient or to the person responsible for the patient's care and acting for the patient that the service being rendered is voluntary and without compensation."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2010.

Approved the 11th day of May, 2010.

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