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Indicates Matter Stricken
Indicates New Matter

S. 748

STATUS INFORMATION

General Bill
Sponsors: Senator Cleary
Document Path: l:\council\bills\nbd\11251ac13.docx
Companion/Similar bill(s): 4565

Introduced in the Senate on May 29, 2013
Introduced in the House on March 4, 2014
Last Amended on February 26, 2014
Currently residing in the House Committee on Judiciary

Summary: Immunity from Liability for Providing Free Health Care Services

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/29/2013  Senate  Introduced and read first time (Senate Journal-page 16)
   5/29/2013  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 16)
   2/18/2014  Senate  Committee report: Favorable with amendment Medical 
                        Affairs (Senate Journal-page 5)
   2/19/2014          Scrivener's error corrected
   2/26/2014  Senate  Committee Amendment Adopted (Senate Journal-page 24)
   2/26/2014  Senate  Read second time (Senate Journal-page 24)
   2/26/2014  Senate  Roll call Ayes-42  Nays-0 (Senate Journal-page 24)
   2/27/2014  Senate  Read third time and sent to House 
                        (Senate Journal-page 25)
    3/4/2014  House   Introduced and read first time (House Journal-page 8)
    3/4/2014  House   Referred to Committee on Judiciary (House Journal-page 8)

View the latest legislative information at the website

VERSIONS OF THIS BILL

5/29/2013
2/18/2014
2/19/2014
2/26/2014

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 26, 2014

S. 748

S. Printed 2/26/14--S.

Read the first time May 29, 2013.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 44 SO AS TO BE ENTITLED "IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES", AND TO PROVIDE THAT THE SERVICES OF A HEALTH CARE PROVIDER TREATING A PATIENT FREE OF CHARGE ARE DEEMED TO BE WITHIN THE SCOPE OF THE GOOD SAMARITAN STATUTE; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; AND TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT".

Amend Title To Conform

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

SECTION    1.    Chapter 30, Title 44 of the 1976 Code is amended by adding:

Section 44-30-310.    If a health care provider, licensed pursuant to the laws of this State, informs his or her patient in writing, which may include use of an electronic medical record device, before treatment that the treatment to be rendered by the health care provider will be provided free of charge, the services rendered are deemed to be within the scope of the Good Samaritan statute, pursuant to Section 15-1-310, mutatis mutandis."

SECTION    2.    A.        Chapter 30, Title 44 of the 1976 Code is reentitled "Health Care Professionals".

B.        Sections 44-30-10 through 44-30-90 are designated as Article 1, Chapter 30, Title 44 and entitled "Health Care Professional Compliance Act".

SECTION    3.    When, at the time of printing the Code of Laws, it is practically and economically feasible, the Code Commissioner shall change references to "chapter" in Sections 44-30-10 through 44-30-90 of the 1976 Code to "article".

SECTION    4.    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 in writing, which may include use of an electronic medical record device, before rendering service in the case of a nonemergency and may be evidenced by the provider's giving notice in writing, which may include use of an electronic medical record device, 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."

SECTION    5.    This act takes effect upon approval by the Governor.

This web page was last updated on March 6, 2014 at 1:00 PM