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S. 938

STATUS INFORMATION

General Bill
Sponsors: Senators Martin, O'Dell and Reese
Document Path: l:\council\bills\dka\3707sd04.doc
Companion/Similar bill(s): 4668

Introduced in the Senate on February 10, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Workers' Compensation; physician-patient confidentiality; provisions when not violated

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/10/2004  Senate  Introduced and read first time SJ-7
   2/10/2004  Senate  Referred to Committee on Judiciary SJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/10/2004

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 NOT BEING 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 the right to have present at such the examination any 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 is 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 and otherwise communicate facts such as an employee'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 the employee's permission, and these communications do not violate 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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