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TO AMEND CHAPTER 38 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-38-25 TO CREATE THE LONG TERM CARE OMBUDSMAN PROGRAM; AND TO AMEND SECTION 43-38-40 OF THE 1976 CODE, RELATING TO PERSONS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY UNDER THIS CHAPTER, TO INCLUDE ALL PERSONS PERFORMING DUTIES OUTLINED IN THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38 of Title 43 of the 1976 Code is amended by adding:
"Section 43-38-25. The Long Term Care Ombudsman Program is authorized to establish, coordinate, and develop guidelines and regulations for a statewide program to utilize volunteers to visit facilities, resolve minor complaints, and support salaried ombudsmen. Volunteers must be directly supervised by a salaried ombudsman employed in one of the areas of the State designated in accordance with the federal Older Americans Act and must be required to report all abuse, neglect, and exploitation of patients. Volunteer training, testing, and certification must be consistent with that of salaried ombudsmen."
SECTION 2. Section 43-38-40 of the 1976 Code is amended to read:
"Section 43-38-40. Any person, salaried or not, required or permitted to report pursuant to perform duties outlined in this chapter who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed."
SECTION 3. This act takes effect upon approval by the Governor.
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