South Carolina General Assembly
116th Session, 2005-2006

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A372, R444, S1058

STATUS INFORMATION

General Bill
Sponsors: Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short
Document Path: l:\s-jud\bills\hutto\jud0041.cbh.doc

Introduced in the Senate on January 18, 2006
Introduced in the House on April 13, 2006
Last Amended on May 31, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 9, 2006, Signed

Summary: Facility licensed by DHEC has duty to report accidents

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/18/2006  Senate  Introduced and read first time SJ-7
   1/18/2006  Senate  Referred to Committee on Judiciary SJ-7
   1/25/2006  Senate  Referred to Subcommittee: Hutto (ch), Gregory, Hawkins, 
                        Campsen, Cleary, Lourie
    4/5/2006  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-17
    4/6/2006  Senate  Amended SJ-20
    4/6/2006  Senate  Read second time SJ-20
   4/11/2006  Senate  Read third time and sent to House SJ-22
   4/13/2006  House   Introduced and read first time HJ-11
   4/13/2006  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-12
   5/17/2006  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-9
   5/24/2006  House   Debate adjourned until Thursday, May 25, 2006 HJ-60
   5/25/2006  House   Debate adjourned HJ-19
   5/25/2006  House   Amended HJ-81
   5/25/2006  House   Debate adjourned until Tuesday, May 30, 2006 HJ-100
   5/30/2006  House   Debate adjourned HJ-19
   5/30/2006  House   Read second time HJ-118
   5/31/2006  House   Read third time and returned to Senate with amendments 
                        HJ-28
   5/31/2006          Scrivener's error corrected
   5/31/2006  Senate  House amendment amended SJ-19
   5/31/2006  Senate  Returned to House with amendments SJ-19
    6/1/2006  House   Concurred in Senate amendment and enrolled HJ-37
    6/7/2006          Ratified R 444
    6/9/2006          Signed By Governor
   6/16/2006          Copies available
   6/16/2006          Effective date 06/09/06
   6/23/2006          Act No. 372

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/18/2006
4/5/2006
4/6/2006
5/17/2006
5/25/2006
5/30/2006
5/31/2006
5/31/2006-A


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A372, R444, S1058)

AN ACT TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION TO AND BY THE DEPARTMENT REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THIS SECTION DOES NOT APPLY TO INFORMATION CONSIDERED CONFIDENTIAL BY CERTAIN OTHER PROVISIONS OF LAW.

Be it enacted by the General Assembly of the State of South Carolina:

Confidentiality of information and reporting of accidents and incidents

SECTION    1.    Section 40-71-20 of the 1976 Code is amended to read:

"Section 40-71-20.    (A)    All proceedings of and all data and information acquired by the committee referred to in Section 40-71-10 in the exercise of its duties are confidential unless a respondent in the proceeding requests in writing that they be made public. These proceedings and documents are not subject to discovery, subpoena, or introduction into evidence in any civil action except upon appeal from the committee action. Information, documents, or records which are otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during the committee proceedings, nor shall any complainant or witness before the committee be prevented from testifying in a civil action as to matters of which he has knowledge apart from the committee proceedings or revealing such matters to third persons.

(B)    Confidentiality provisions do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.

(C)    Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A)."

Confidentiality of information and reporting of accidents and incidents

SECTION    2.    Section 44-30-60 of the 1976 Code is amended to read:

"Section 44-30-60.    (A)    An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, 'Liability of Members of Professional Committees'. Proceedings, records, and information acquired or produced by the panel are confidential pursuant to Section 40-71-20, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 44-30-30(3) and must notify the appropriate licensing board and the department of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel.

(B)    Nothing in this section affects the duty of a facility or activity licensed by the department to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A)."

Confidentiality and disclosure of information

SECTION    3.    Section 44-7-315 of the 1976 Code is amended to read:

"Section 44-7-315.    (A)    Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded, or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant.

(B)    This section does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 9th day of June, 2006.

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