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COMMITTEE REPORT
May 16, 2001
H. 4003
Introduced by Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, F.N. Smith, J.R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young
S. Printed 5/16/01--H.
Read the first time April 24, 2001.
To whom was referred a Bill (H. 4003) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-47-280 to enact the "Access to Medical Treatment Act" so as to, 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, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Access to Medical Treatment Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 40-47-280. (A) Notwithstanding any other provision of law, and except as provided in this chapter, an individual has the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a physician licensed to practice medicine under this chapter with any alternative, complementary, experimental, or nonconventional medical treatment that the individual desires or the legal representative of the individual authorizes if the physician licensed to practice medicine under this chapter has personally examined the individual and agrees to treat the individual. For purposes of this section, life threatening means any disease or condition that may lead to or contribute to a set of circumstances that would result in death if left unchecked.
(B) A physician licensed to practice medicine under this chapter may provide any medical treatment to an individual described in subsection (A) if:
(1) there is no reasonable basis to conclude that the medical treatment itself, when used as directed, poses an unreasonable and significant risk of danger to the individual;
(2) the physician licensed to practice medicine under this chapter has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is alternative, complementary, experimental, or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, and the material risks generally recognized by reasonably prudent physicians of the treatment's side effects; and
(3) the patient or the patient's legal representative has signed a written document requesting the treatment and providing a written waiver of liability to the physician who provides the treatment.
(C) The treatment of patients in compliance with this section by a physician licensed to practice medicine under this chapter does not by itself constitute unprofessional practice or conduct.
(D) Nothing in this section may be construed to require third party reimbursement for alternative, complementary, experimental, or nonconventional treatments rendered pursuant to the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
Since the bill only provides that an individual may receive treatment for potentially life threatening or chronically disabling disease under certain conditions and does not require any payment from a third party, there is no impact on the General Fund of the State nor on federal or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Access to Medical Treatment Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 40-47-280. (A) Notwithstanding any other provision of law, and except as provided in subsection (B), an individual has the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medical treatment that the individual desires or the legal representative of the individual authorizes if the person licensed to practice medicine under this article has personally examined the individual and agrees to treat the individual.
(B) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (A) if:
(1) there is no reasonable basis to conclude that the medical treatment itself, when used as directed, poses an unreasonable and significant risk of danger to the individual; and
(2) the person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, and the material risks generally recognized by reasonably prudent physicians of the treatment's side effects.
(C) The treatment of patients in compliance with this section by a person licensed to practice medicine under this article does not by itself constitute unprofessional practice or conduct."
SECTION 3. This act takes effect upon approval by the Governor.
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