S*0168(Rat #0179, Act #0153 of 2010)  General Bill, By Cleary, Campsen, Rose, 
Bryant, Elliott and Hutto
 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. - ratified title

   12/10/08  Senate Prefiled
   12/10/08  Senate Referred to Committee on Banking and Insurance
   01/13/09  Senate Introduced and read first time SJ-150
   01/13/09  Senate Referred to Committee on Banking and Insurance SJ-150
   05/05/09  Senate Committee report: Favorable Banking and Insurance SJ-14
   05/06/09  Senate Read second time SJ-18
   05/07/09  Senate Read third time and sent to House SJ-24
   05/12/09  Senate Read third time and sent to House
   05/12/09  House  Introduced and read first time HJ-9
   05/12/09  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   03/04/10  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   03/08/10         Scrivener's error corrected
   03/10/10  House  Debate adjourned HJ-16
   03/11/10  House  Debate adjourned until Tuesday, March 23, 2010 HJ-12
   03/23/10  House  Debate adjourned until Wednesday, March 24, 2010 HJ-45
   03/24/10  House  Debate adjourned until Thursday, March 25, 2010 HJ-34
   03/25/10  House  Debate adjourned until Tuesday, March 30, 2010 HJ-32
   04/13/10  House  Debate adjourned until Tuesday, May 4, 2010 HJ-46
   05/04/10  House  Committee Amendment Tabled HJ-38
   05/04/10  House  Read second time HJ-38
   05/05/10  House  Read third time and enrolled HJ-9
   05/06/10         Ratified R 179
   05/11/10         Signed By Governor
   05/21/10         Effective date 05/11/10
   05/25/10         Act No. 153

(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.