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March 3, 1999
S. Printed 3/3/99--S.
Read the first time January 21, 1999.
To whom was referred a Bill (S. 388), to amend the Code of Laws of South Carolina, 1976, by adding Section 16-3-1072, so as to provide that any physician, nurse, or any other medical or emergency medical services personnel and any employee of a hospital, clinic, or nursing home who knowingly treats any person suffering from a gunshot wound, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-3-1072(A), as contained in SECTION 1, by striking lines 33 and 34 in their entirety and inserting therein the following:
/medical or emergency medical services personnel of a hospital, clinic, or other health care facility or/.
Amend the bill further, as and if amended, page 2, beginning on line 11, in Section 16-3-1072, as contained in SECTION 1, by striking lines 11 through 13 in their entirety and inserting therein:
/In all such civil and criminal proceedings, good faith is rebuttably presumed.
(D) For purposes of this section, the confidential or privileged nature of communication between/.
Amend title to conform.
LARRY A. MARTIN, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1072. (A) Any physician, nurse, or any other medical or emergency medical services personnel and any employee of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.
(B) The reports provided for in subsection (A) may be made orally or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.
(C) A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings good faith is rebuttably presumed.
(D) The privileged quality of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.
(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both."
SECTION 2. This act takes effect ninety days after approval by the Governor.
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