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H. 4668
STATUS INFORMATION
General Bill
Sponsors: Rep. Leach
Document Path: l:\council\bills\dka\3738dw04.doc
Companion/Similar bill(s): 938
Introduced in the House on February 3, 2004
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Physician-patient confidentiality in workers' compensation matters
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/3/2004 House Introduced and read first time HJ-11
2/3/2004 House Referred to Committee on Labor, Commerce and Industry
HJ-11
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 42-15-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTS LEARNED BY PHYSICIANS OR SURGEONS DURING THE COURSE OF ATTENDING OR EXAMINING A WORKER'S COMPENSATION CLAIMANT ARE NOT PRIVILEGED, SO AS TO CLARIFY THAT PHYSICIANS, SURGEONS, OR OTHER HEALTH PROVIDERS MAY DISCUSS CERTAIN FACTS WITH REPRESENTATIVES OF THE PARTIES WITHOUT VIOLATING PHYSICIAN-PATIENT CONFIDENTIALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-15-80 of the 1976 Code is amended to read:
"Section 42-15-80. After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the commission. The employee shall have has the right to have present at such the examination any a duly qualified physician or surgeon provided and paid by him. No fact communicated to or otherwise learned by any a physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be is privileged, either in hearings provided for by this title or any action at law brought to recover damages against any an employer who may have accepted the compensation provisions of this title. If the employee refuses to submit himself to or in any way obstructs such the examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this title shall be are suspended until such the refusal or objection ceases and no compensation shall at any time be is payable for the period of suspension unless in the opinion of the commission the circumstances justify the refusal or obstruction. A physician, surgeon, or other health care provider may discuss such facts as a worker's compensation claimant's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with representatives of the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission without violating physician-patient confidentiality. The employer or the commission may require in any case of death require an autopsy at the expense of the person requesting it."
SECTION 2. This act takes effect upon approval by the Governor.
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