South Carolina General Assembly
122nd Session, 2017-2018

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A47, R68, S234

STATUS INFORMATION

General Bill
Sponsors: Senator Massey
Document Path: l:\s-res\asm\009emer.dmr.asm.docx

Introduced in the Senate on January 10, 2017
Introduced in the House on February 15, 2017
Last Amended on May 11, 2017
Passed by the General Assembly on May 11, 2017
Governor's Action: May 19, 2017, Signed

Summary: Medical information confidentiality

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/10/2017  Senate  Introduced and read first time (Senate Journal-page 119)
   1/10/2017  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 119)
    2/7/2017  Senate  Committee report: Favorable with amendment Medical 
                        Affairs (Senate Journal-page 19)
    2/9/2017  Senate  Committee Amendment Adopted (Senate Journal-page 13)
    2/9/2017  Senate  Read second time (Senate Journal-page 13)
    2/9/2017  Senate  Roll call Ayes-36  Nays-0 (Senate Journal-page 13)
   2/14/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 21)
   2/15/2017  House   Introduced and read first time (House Journal-page 21)
   2/15/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 21)
   4/26/2017  House   Committee report: Favorable Judiciary 
                        (House Journal-page 117)
    5/2/2017  House   Debate adjourned until Wed., 5-3-17 
                        (House Journal-page 45)
    5/3/2017  House   Debate adjourned until Thur., 5-4-17 
                        (House Journal-page 13)
    5/4/2017  House   Amended (House Journal-page 18)
    5/4/2017  House   Read second time (House Journal-page 18)
    5/4/2017  House   Roll call Yeas-101  Nays-0 (House Journal-page 20)
    5/9/2017  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 60)
   5/11/2017  Senate  Non-concurrence in House amendment 
                        (Senate Journal-page 62)
   5/11/2017  Senate  Roll call Ayes-0  Nays-39 (Senate Journal-page 62)
   5/11/2017  House   House insists upon amendment and conference committee 
                        appointed Reps. Murphy, DC Moss, Bernstein 
                        (House Journal-page 15)
   5/11/2017  Senate  Conference committee appointed Massey, Nicholson, Corbin 
                        (Senate Journal-page 64)
   5/11/2017  House   Conference report adopted (House Journal-page 69)
   5/11/2017  House   Roll call Yeas-85  Nays-0 (House Journal-page 71)
   5/11/2017  Senate  Conference report received and adopted 
                        (Senate Journal-page 64)
   5/11/2017  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 65)
   5/11/2017  Senate  Ordered enrolled for ratification 
                        (Senate Journal-page 67)
   5/15/2017          Ratified R 68
   5/19/2017          Signed By Governor
   5/25/2017          Effective date 5/19/17
   5/31/2017          Act No. 47

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/10/2017
2/7/2017
2/9/2017
4/26/2017
5/4/2017
5/11/2017


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

(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.

__________


This web page was last updated on June 21, 2017 at 3:31 PM