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H 5164 Session 126 (2025-2026)
H 5164 {Rat #259} General Bill, By Hewitt, Bannister, G.M. Smith and Henderson-Myers
NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL. (R259, H5164)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION Be it enacted by the General Assembly of the State of South Carolina: Justified emergencies, patient beds in hallways SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:
Section (1) declared state of emergency; (2) natural or manmade disaster; (3) mass transit accident; (4) industrial or construction accident; (5) chemical, biological, radiological, or nuclear event; (6) act of crowd, spree, or terrorist violence resulting in injuries; (7) acute outbreak of contagious or infectious disease; or (8) the exhaustion of all available treatment space in an emergency department due to the number of patients being treated at that time. (B) "Hallways," "corridors," and "means of egress" mean the same as defined in the codes and standards in effect at the time of the incident, as identified in Section 1-34-20 and adopted by the Building Codes Council pursuant to Chapter 9, Title 6. (C) During a justified emergency, patient beds may be used in hallways, corridors, and other means of egress when a designated member of the emergency department leadership team as determined by the hospital's written policy and procedures determines and, within seven calendar days of the start of the justified emergency, documents on an electronic form developed by the Department of Public Health that: (1) all other appropriate treatment space in the hospital has been exhausted; and (2) the health and safety of patients is jeopardized without the use of patient beds in these areas. (D) The form shall include the following: (1) the beginning date and time of the justified emergency; (2) the ending date and time of the justified emergency; (3) the nature of the justified emergency, as described in subsection (A)(1) through (8); (4) an indication that all other appropriate treatment space in the hospital has been exhausted; (5) an indication that the health and safety of patients is at an increased risk without the use of patient beds in hallways, corridors, or other means of egress; and (6) the signature of a designated member of the emergency department leadership team at the onset of the justified emergency. (E) The hospital shall maintain records referenced in subsection (C) and provide copies of the form described in subsection (D) no less than quarterly to the department that documents each instance when a justified emergency has been determined and patient beds have been used in hallways, corridors, or other means of egress. (F) When not in use for the care and treatment of patients during a justified emergency, hospitals shall remove any beds from hallways, corridors, or means of egress. (G) To provide for the safety of hospital staff, patients, and visitors during a justified emergency, hospitals shall maintain a clear pathway in hallways, corridors, and means of egress and shall not block exits. Hospitals shall not erect or construct partitions or structures that obstruct the building's fire protection systems including automatic sprinkler systems or fire alarm and detection system components. (H) To provide for the safety of hospital staff, patients, and visitors, hospitals shall develop written protocols for justified emergency conditions and shall require all employees responsible for the care or treatment of patients to familiarize themselves with these protocols. Time effective SECTION 2. This act takes effect upon approval by the Governor.. Ratified the 15th day of May, 2026.
Approved the _____________ day of _________________________________________2026.
This web page was last updated on May 15, 2026 at 5:19 PM |
