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AMENDED
June 7, 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 6/7/01--S.
Read the first time May 22, 2001.
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.
Amend Title To Conform
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) For purposes of this section:
(1) 'treating physician' means a physician licensed to practice medicine under this chapter.
(2) 'life threatening' means any disease or condition that will, with reasonable certainty, lead to or contribute to death if left untreated.
(B) Notwithstanding any other provision of law, and except as provided in this chapter, an individual may be treated by a treating physician for any illness or disease which is life-threatening or is chronically disabling with any alternative, complementary, experimental, or nonconventional medical treatment that the individual desires or the legal representative of the individual authorizes, if the treating physician has personally examined the individual and agrees to treat the individual.
(B) A treating physician may provide alternative medical treatment, as defined in this section, to an individual described in subsection (A) if:
(1) there is no reasonable medical basis to conclude that the proposed medical treatment, when used as directed, poses an unreasonable and significant risk of medical harm to the individual; and
(2) before initiating treatment, the treating physician has obtained from the patient written, informed consent which includes a statement including: (a) that the treatment offered is alternative, complementary, experimental, or nonconventional; (b) that the drug or medical device has not been approved by the Food and Drug Administration for any indication; and (c) any material risks generally recognized by reasonably prudent physicians of the treatment's side effects.
(C) Medical treatment in compliance with this section by a treating physician under this chapter does not by itself constitute medical negligence or misconduct. However, a physician who treats an individual pursuant to this section is held to the applicable standard of care of physicians providing such treatments.
(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.
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