Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3191
STATUS INFORMATION
General Bill
Sponsors: Reps. Barfield and Altman
Document Path: l:\council\bills\nbd\11058ac03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on April 2, 2003
Last Amended on April 1, 2003
Currently residing in the Senate Committee on Medical Affairs
Summary: Access to Medical Treatment Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/11/2002 House Prefiled
12/11/2002 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/14/2003 House Introduced and read first time HJ-75
1/14/2003 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-75
3/26/2003 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-4
3/27/2003 House Debate adjourned until Tuesday, April 1, 2003 HJ-18
4/1/2003 House Amended HJ-25
4/1/2003 House Read second time HJ-28
4/2/2003 House Read third time and sent to Senate HJ-21
4/2/2003 Senate Introduced and read first time SJ-11
4/2/2003 Senate Referred to Committee on Medical Affairs SJ-11
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 1, 2003
H. 3191
S. Printed 4/1/03--H.
Read the first time January 14, 2003.
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 AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A 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, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.
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. Section 40-47-5 of the 1976 Code is amended to read:
"Section 40-47-5. As used in this chapter, 'physician' or 'surgeon' shall mean means a doctor of medicine or doctor of osteopathic medicine licensed or otherwise permitted to practice in accordance with this chapter. Notwithstanding any other provision of law, a person may not use the term 'physician', 'medical doctor', 'doctor of medicine', 'surgeon', or 'doctor of osteopathic medicine' in connection with the practice of any healing art or medical treatment if the person is not licensed or otherwise permitted to practice medicine under the provisions of this chapter."
SECTION 3. Section 40-31-10 of the 1976 Code is amended to read:
"Section 40-31-10. It shall be is unlawful for any a person, whether heretofore licensed or not under the laws of this or any other state, to practice naturopathy in this State. The provisions of this chapter do not apply to physicians and surgeons licensed pursuant to Chapter 47, Title 40."
SECTION 4. Section 40-31-20 of the 1976 Code is amended to read:
"Section 40-31-20. Any A person violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor felony and must be fined not exceeding five hundred not more then ten thousand dollars or be imprisoned for a period of not exceeding one year not more than five years, or both, in the discretion of the court. Each violation constitutes a separate offense. The provisions of this chapter apply to a corporation, association, or person aiding or abetting in a violation of this chapter."
SECTION 5. Section 40-47-260 of the 1976 Code is amended to read:
"Section 40-47-260. It shall be is unlawful for any a person in this State to practice medicine or osteopathy, within the meaning of this article chapter, in violation of the provisions of this article, and anyone violating any provisions thereof shall a person who violates a provision of this article is guilty of a felony and, upon conviction by any court of competent jurisdiction, must be fined not more than one ten thousand dollars or imprisoned for a period of not more than two five years, or both, in the discretion of the court. Each violation shall constitute constitutes a separate offense. The provisions of this section shall apply to any a corporation, association, or person aiding or abetting in any violation of this article."
SECTION 6. Article 1, Chapter 47, Title 40 of 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 medical certainty, lead to or contribute to death even if treated.
(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 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.
(C) A treating physician may provide alternative medical treatment, as defined in this section, to an individual with a life threatening disease or condition, as defined 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 explaining:
(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;
(c) any material risks generally recognized by reasonably prudent physicians of the treatment's side effects;
(d) other available treatments;
(e) the risks of forgoing other available treatments;
(f) that any charges for nonconventional services or treatments are the responsibility of the patient unless specifically covered under the patient's insurance policy, proof of which must be provided to the physician;
(g) any disclosure of financial interest or conflict of interest of the treating physician who is providing the nonconventional services or treatments.
(D) 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.
(E) This section must not be construed to require third party reimbursement for alternative, complementary, experimental, or nonconventional treatments rendered pursuant to the provisions of this section."
SECTION 7. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.