Current Status Introducing Body:Senate Bill Number:1329 Primary Sponsor:Robert W. Hayes Jr. Committee Number:13 Type of Legislation:GB Subject:Protection of Medical Staff Quality Act Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:436/12142.DW Introduced Date:Feb 25, 1992 Last History Body:Senate Last History Date:Feb 25, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Robert W. Hayes Jr. Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1329 Senate Feb 25, 1992 Introduced, read first time, 13
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 7, TITLE 44, SO AS TO REQUIRE THAT HOSPITAL DECISIONS TO EXECUTE, RENEW, MODIFY, OR TERMINATE EXCLUSIVE CONTRACTS BE BASED ON FORMAL RECOMMENDATIONS OF THE ORGANIZED MEDICAL STAFF.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 44, of the 1976 Code is amended by adding:
Section 44-7-3010. This article is known as the `Protection of Medical Staff Quality Act'.
Section 44-7-3020. As used in this article:
(1) `Medical staff' means the formally organized self-governing body, consisting of physicians and other practitioners who have been granted medical staff privileges in a hospital, which has responsibility for the quality of medical care provided to hospital patients.
(2) `Medical staff privileges' means the permission granted to a physician or other practitioner to render specific patient care services in a hospital, including the necessary right of access to hospital resources, equipment, facilities, and personnel.
(3) `Due process rights' means the rights to: written notice of grounds for a proposal to curtail, restrict or terminate one's medical staff privileges; a hearing on the merits or demerits of the proposal before one or more disinterested persons; receipt of written findings and conclusions on the proposal by one or more disinterested persons; and such other procedural safeguards as may be contained in the medical staff bylaws.
Section 44-7-3030. (A) (1) Medical staff peer review regarding the effect on quality of care resulting from an exclusive contractual arrangement with any physician or other practitioner and a resulting recommendation to the hospital governing body is required when the hospital governing body proposes:
(a) the execution of an exclusive agreement in a previously open department or service, or both;
(b) the renewal, transfer, or substantive modification of an exclusive agreement in a particular department or service, or both; and
(c) the termination of an exclusive agreement in a particular department or service, or both.
(2) The hospital governing board shall follow the medical staff's recommendation unless it makes specific written findings that the recommendation is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(B) No person shall exercise clinical privileges in the hospital, except for those who have been granted temporary privileges, until he applies for and receives medical staff privileges after a full review of his qualifications by the organized medical staff.
(C) Whether as a result of any of the proposals referred to in subsection (A) or otherwise, the medical staff privileges of any medical staff member may be curtailed, restricted, or terminated only upon a formal recommendation of the medical staff, only for those reasons directly related to quality of patient care as is specified in the hospital medical staff bylaws, and only after the according of due process rights, pursuant to the procedures specified in the Federal Health Care Quality Improvement Act of 1986 or in accordance with provisions of the hospital medical staff bylaws.
Section 44-7-3040. A hospital may not suppress the peer review procedures or due process rights required by Section 44-7-3030, either by means of a written contract or through amendments to medical staff bylaws.
Section 44-7-3050. A hospital may not solicit, require, or accept any payment as direct or indirect consideration for the award or granting by it of the right to exercise medical staff privileges, whether pursuant to exclusive contract or otherwise. This prohibition does not apply to required payments of medical staff dues or medical society dues that are required of all members of the medical staff.
Section 44-7-3060. A medical staff member who is aggrieved by any violation of this article has the right to seek injunctive relief and damages from a court of competent jurisdiction.
Section 44-7-3070. Compliance with the provisions of this article constitutes a requirement for granting or renewing the license of a hospital. The procedures required by this article must be carried out under the regulations and supervision of the state hospital licensing board."
SECTION 2. This act takes effect upon approval by the Governor.