H*3033 Session 112 (1997-1998)
H*3033(Rat #0441, Act #0323 of 1998) General Bill, By Govan, J. Hines,
Inabinett, Lloyd and Moody-Lawrence
Similar(H 3066)
A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S
EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES
FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
AND TO PROVIDE FOR ITS DUTIES INCLUDING THE ESTABLISHMENT OF PUBLIC AND
CONTINUING EDUCATION AND REFERRAL AND EQUIPMENT GUIDELINES, TO REQUIRE THE
PROGRAM IN CONJUNCTION WITH THE SOUTH CAROLINA DATA OVERSIGHT COUNCIL TO
COLLECT AND ANALYZE DATA AND TO PROVIDE FOR THE RELEASE AND CONFIDENTIALITY OF
SUCH DATA; AND TO DESIGNATE SECTIONS 44-61-10 THROUGH 44-61-150 AS ARTICLE 1,
CHAPTER 61, TITLE 444 ENTITLED "EMERGENCY MEDICAL SERVICES".-AMENDED TITLE
12/11/96 House Prefiled
12/11/96 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/14/97 House Introduced and read first time HJ-24
01/14/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-25
04/15/97 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
04/17/97 House Objection by Rep. Barrett, Woodrum, Webb, Loftis,
Kelley, Leach, Sharpe, Robinson, Lanford & Kirsh HJ-32
04/30/97 House Debate adjourned until Thursday, May 1, 1997 HJ-82
05/07/97 House Debate adjourned until January 15, 1998 HJ-81
01/29/98 House Debate adjourned until Thursday, February 12,
1998 HJ-23
02/19/98 House Debate adjourned until Wednesday, March 11, 1998 HJ-36
03/11/98 House Recommitted to Committee on Medical, Military,
Public and Municipal Affairs HJ-36
03/18/98 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-8
03/19/98 House Objection withdrawn by Rep. Woodrum, Sharpe, Webb
& Barrett HJ-42
03/19/98 House Objection withdrawn by Rep. Lanford & Loftis HJ-43
03/19/98 House Objection withdrawn by Rep. Kelley & Leach HJ-43
03/19/98 House Amended HJ-66
03/19/98 House Read second time HJ-69
03/19/98 House Unanimous consent for third reading on next
legislative day HJ-69
03/20/98 House Read third time and sent to Senate HJ-6
03/24/98 Senate Introduced and read first time SJ-6
03/24/98 Senate Referred to Committee on Medical Affairs SJ-6
05/21/98 Senate Polled out of committee Medical Affairs SJ-5
05/21/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-5
05/26/98 Senate Amended SJ-31
05/26/98 Senate Read second time SJ-31
05/28/98 Senate Amended SJ-39
05/28/98 Senate Read third time and returned to House with
amendments SJ-39
06/03/98 House Concurred in Senate amendment and enrolled HJ-23
06/04/98 Ratified R 441
06/08/98 Signed By Governor
06/08/98 Effective date 06/08/98
06/18/98 Copies available
06/18/98 Act No. 323
(A323, R441, H3033)
AN ACT TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY
ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S
EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE
EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM
WITHIN THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS
DUTIES INCLUDING THE ESTABLISHMENT OF PUBLIC AND
CONTINUING EDUCATION AND REFERRAL AND EQUIPMENT
GUIDELINES, TO REQUIRE THE PROGRAM IN CONJUNCTION
WITH THE SOUTH CAROLINA DATA OVERSIGHT COUNCIL TO
COLLECT AND ANALYZE DATA AND TO PROVIDE FOR THE
RELEASE AND CONFIDENTIALITY OF SUCH DATA; AND TO
DESIGNATE SECTIONS 44-61-10 THROUGH 44-61-150 AS
ARTICLE 1, CHAPTER 61, TITLE 44 ENTITLED EMERGENCY
MEDICAL SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
Emergency medical services for children program created; duties and
responsibilities
SECTION 1. Title 44, Chapter 61 of the 1976 Code is amended by
adding:
"Article 3
Emergency Medical Services for Children
Section 44-61-300. This article may be cited as the Children's
Emergency Medical Services Act.
Section 44-61-310. As used in this article:
(1) 'Advanced life support' means an advanced level of pre-hospital,
interhospital, and emergency service care which includes basic life
support functions, cardiac monitoring, cardiac defibrillation, telemetered
electrocardiography, administration of antiarrhythmic agents, intravenous
therapy, administration of specific medications, drugs and solutions, use
of adjunctive ventilation devices, trauma care, and other techniques and
procedures authorized by the department pursuant to regulations.
(2) 'Basic life support' means a basic level of pre-hospital care which
includes patient stabilization, airway clearance, cardiopulmonary
resuscitation, hemorrhage control, initial wound care and fracture
stabilization, and other techniques and procedures authorized by the
department pursuant to regulations.
(3) 'Coordinator' means the person coordinating the EMSC Program
within the Department of Health and Environmental Control.
(4) 'Department' means the Department of Health and Environmental
Control.
(5) 'Director' means the director of the Department of Health and
Environmental Control.
(6) 'EMSC Program' means the Emergency Medical Services for
Children Program established pursuant to this article and other relevant
programmatic activities conducted by the department in support of
appropriate treatment, transport, and triage of ill or injured children.
(7) 'Emergency medical services personnel' means persons trained and
certified or licensed to provide emergency medical care, whether on a
paid or volunteer basis, as part of a basic life support or advanced life
support pre-hospital emergency care service or in an emergency
department or pediatric critical care or specialty unit in a licensed
hospital.
(8) 'Pre-hospital care' means the provision of emergency medical care
or transportation by trained and certified or licensed emergency medical
services personnel at the scene of an emergency and while transporting
sick or injured persons to a medical care facility or provider.
Section 44-61-320. There is established within the Department of
Health and Environmental Control, Division of Emergency Medical
Services, the Emergency Medical Services for Children Program.
Section 44-61-330. (A) The EMSC Program shall include, but is not
limited to, the establishment of:
(1) initial and continuing education programs for emergency
medical services personnel that include training in the emergency care of
infants and children;
(2) guidelines for referring children to the appropriate emergency
treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) pediatric equipment guidelines for emergency departments;
(5) guidelines for pediatric trauma centers;
(6) an interhospital transfer system for critically ill or injured
children;
(7) in conjunction with the South Carolina Data Oversight Council,
the collection and analysis of statewide pediatric emergency and critical
care medical services data from emergency and critical care medical
services for the purpose of quality improvement by these facilities and
services, subject to the confidentiality requirements of Section 44-61-350;
(8) injury prevention programs for parents;
(9) public education programs on accessing the emergency medical
services system and what to do until the emergency medical services
personnel arrive.
(B) In gathering statewide pediatric emergency and critical care
medical services data, the department shall rely upon, to the extent
possible, data from existing sources; however, the department may contact
families and physicians for the purpose of gathering additional data and
providing information on available public and private resources.
Information requested from a physician's office must be obtained pursuant
to Chapter 115. Patient contact following data received from the State
Budget and Control Board Office of Research and Statistics must be done
in accordance with regulations approved by the South Carolina Data
Oversight Council and promulgated by the Office of Research and
Statistics.
Section 44-61-340. (A) The identities of patients, emergency and
critical care medical services personnel, and emergency and critical care
medical services facilities mentioned, referenced, or otherwise appearing
in information or data collected or prepared by or in connection with the
EMSC Program must be treated as strictly confidential. The identities of
these persons or entities are not available to the public under the Freedom
of Information Act or discoverable or admissible in any administrative,
civil, or criminal proceeding. An individual in attendance at any such
proceeding may not be required to testify as to the identity of any such
person or entity. No person, medical facility, or other organization
providing or releasing information in accordance with this article may 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.
(B) The identity of a patient, physician, or hospital is confidential and
may not be released except that the identity of a patient may be released
upon informed written consent of the patient or the patient's legal
guardian or legal representative; the identity of a physician may be
released upon written consent of the physician; and the identity of a
hospital may be released upon written consent of the hospital.
(C) Information must not be released except to:
(1) appropriate staff of the Division of Emergency Medical Services
within the Department of Health and Environmental Control, South
Carolina Data Oversight Council, and State Budget and Control Board,
Office of Research and Statistics;
(2) submitting hospitals or their designees;
(3) a person engaged in an approved research project, except that
no information identifying a subject of a report or a reporter may be made
available to a researcher unless consent is obtained pursuant to this
section.
(D) For purposes of maintaining the data base collected pursuant to
this article, the department and the Office of Research and Statistics may
both access and provide access to appropriate confidential data reported
in accordance with Section 44-6-170.
(E) A person subject to this article who intentionally fails to comply
with reporting, confidentiality, or disclosure requirements of this article
is subject to a civil penalty of not more than one hundred dollars for a
violation the first time a person fails to comply and not more than five
thousand dollars for a subsequent violation."
Sections designated as article
SECTION 2. Sections 44-61-10 through 44-61-150 of the 1976 Code
are designated as Article 1, Chapter 61, Title 44 entitled 'Emergency
Medical Services'.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998. |