South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3928

STATUS INFORMATION

General Bill
Sponsors: Reps. Sinclair, Delleney, Littlejohn, Walker, Jennings and Altman
Document Path: l:\council\bills\pt\2534sj05.doc
Companion/Similar bill(s): 762

Introduced in the House on April 13, 2005
Introduced in the Senate on May 10, 2005
Last Amended on May 5, 2005
Currently residing in the Senate Committee on Medical Affairs

Summary: Medical Examiners Board proceedings

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/13/2005  House   Introduced and read first time HJ-60
   4/13/2005  House   Referred to Committee on Judiciary HJ-50
   4/19/2005  House   Member(s) request name added as sponsor: Jennings
    5/3/2005  House   Member(s) request name added as sponsor: Altman
    5/4/2005  House   Committee report: Favorable with amendment Judiciary 
                        HJ-44
    5/5/2005  House   Amended HJ-29
    5/5/2005  House   Read second time HJ-30
    5/5/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-30
    5/6/2005  House   Read third time and sent to Senate HJ-3
   5/10/2005  Senate  Introduced and read first time SJ-6
   5/10/2005  Senate  Referred to Committee on Medical Affairs SJ-6

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2005
5/4/2005
5/5/2005

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 5, 2005

H. 3928

Introduced by Reps. Sinclair, Delleney, Littlejohn, Walker, Jennings and Altman

S. Printed 5/5/05--H.

Read the first time April 13, 2005.

            

A BILL

TO AMEND SECTION 40-47-213, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF INFORMATION RELATING TO BOARD PROCEEDINGS, SO AS TO FURTHER PROVIDE WHEN CERTAIN INFORMATION MUST BECOME AVAILABLE FOR PUBLIC INSPECTION AND COPYING, PROVIDE THE PROCESS FOR WHEN A PROCEEDING BECOMES PUBLIC, PROVIDE WHEN A WITNESS MAY PETITION THE BOARD TO CLOSE THE HEARING OR RECORD, AND PROVIDE WHEN THE BOARD MAY ISSUE AN ORDER TO PROTECT THE WITNESS FROM HARM SHOWN TO BE PROBABLE FROM PUBLIC DISCLOSURE.

Amend Title To Conform

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

SECTION    1.    Section 40-47-213 of the 1976 Code is amended to read:

"Section 40-47-213.    (A)(1)    No A person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary staff, board member, board employee, court reporter, or investigator, may not mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or other proceeding, tending to identify the initial complainant or a witness, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except as otherwise provided in this section.

(2)    Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information.

(3)    However, whenever When the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.

(B)    When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must become available for public inspection and copying ten days after the filing of the answer or, if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section.

(1)    Patient records and identities shall remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records.

(2)    If allegations of incapacity of a licensee due to physical or mental causes are raised in the complaint or answer, records, information, and proceedings relating to those allegations of incapacity must remain confidential; provided, however, any order relating to the licensee's authorization to practice must be made public, but the order may not disclose the nature of the incapacity.

(C)    Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to a proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made.

(D)    Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; provided, however, the identity of a minor or sexual boundary victim must remain confidential without a motion being made.

(E)    Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:45 P.M.