South Carolina General Assembly
116th Session, 2005-2006

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A364, R426, H4692

STATUS INFORMATION

General Bill
Sponsors: Reps. Davenport and McLeod
Document Path: l:\council\bills\nbd\12162ac06.doc

Introduced in the House on February 21, 2006
Introduced in the Senate on April 25, 2006
Last Amended on June 1, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 9, 2006, Signed

Summary: DHEC rulings

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/21/2006  House   Introduced and read first time HJ-128
   2/21/2006  House   Referred to Committee on Judiciary HJ-128
   4/19/2006  House   Member(s) request name added as sponsor: McLeod
   4/19/2006  House   Committee report: Favorable with amendment Judiciary 
                        HJ-42
   4/20/2006  House   Amended HJ-40
   4/20/2006  House   Read second time HJ-41
   4/20/2006  House   Unanimous consent for third reading on next legislative 
                        day HJ-41
   4/21/2006  House   Read third time and sent to Senate HJ-2
   4/25/2006  Senate  Introduced and read first time SJ-12
   4/25/2006  Senate  Referred to Committee on Medical Affairs SJ-12
   5/18/2006  Senate  Committee report: Favorable Medical Affairs SJ-35
   5/25/2006  Senate  Amended SJ-73
   5/25/2006  Senate  Read second time SJ-73
   5/26/2006          Scrivener's error corrected
   5/31/2006  Senate  Amended SJ-128
   5/31/2006  Senate  Read third time and returned to House with amendments 
                        SJ-128
    6/1/2006  House   Senate amendment amended HJ-30
    6/1/2006  House   Returned to Senate with amendments HJ-30
    6/1/2006  Senate  Concurred in House amendment and enrolled SJ-14
    6/7/2006          Ratified R 426
    6/9/2006          Signed By Governor
   6/16/2006          Copies available
   6/16/2006          Effective date 06/09/06
   6/23/2006          Act No. 364

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/21/2006
4/19/2006
4/20/2006
5/18/2006
5/25/2006
5/26/2006
5/31/2006
6/1/2006


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

(A364, R426, H4692)

AN ACT TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND, AND TO PROVIDE AN EXCEPTION FOR FINES LEVIED FOR CONTROL OF INDUSTRIAL PLANTS OR AREAS REGULATED BY THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY ACT; AND TO AMEND SECTION 44-7-3430, RELATING TO THE REQUIREMENT THAT HOSPITAL PERSONNEL AND TRAINEES WEAR IDENTIFICATION BADGES, SO AS TO FURTHER SPECIFY THAT FIRST OR LAST NAMES AND INITIALS MAY BE USED ON SUCH BADGES.

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

Civil penalty created for violation of department orders, regulations, etc.

SECTION    1.    Section 44-1-150 of the 1976 Code is amended to read:

"Section 44-1-150.    (A)    Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.

(B)    A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.

(C)    Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.

(D)    The term 'notice' as used in this section means either actual notice or constructive notice.

(E)    This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq."

Names on identification badges

SECTION    2.    Section 44-7-3430 of the 1976 Code, as added by Act 146 of 2005, is amended to read:

"Section 44-7-3430. All clinical staff, clinical trainees, medical students, interns, and resident physicians of a hospital shall wear badges clearly stating their names, using at a minimum either first or last names with appropriate initials, their departments, and their job or trainee titles. All clinical trainees, medical students, interns, and resident physicians must be explicitly identified as such on their badges. This information must be clearly visible and must be stated in terms or abbreviations reasonably understandable to the average person, as recognized by the Department of Health and Environmental Control."

Time effective

SECTION    3.    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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