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Sponsors: Reps. Harrison and McLeod
Document Path: l:\council\bills\nbd\12274ac06.doc
Introduced in the House on March 14, 2006
Introduced in the Senate on April 26, 2006
Last Amended on June 1, 2006
Currently residing in conference committee
Summary: Emergency Health Powers Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/14/2006 House Introduced and read first time HJ-42 3/14/2006 House Referred to Committee on Judiciary HJ-43 4/19/2006 House Member(s) request name added as sponsor: McLeod 4/19/2006 House Committee report: Favorable with amendment Judiciary HJ-45 4/20/2006 Scrivener's error corrected 4/25/2006 House Amended HJ-69 4/25/2006 House Read second time HJ-70 4/26/2006 House Read third time and sent to Senate HJ-15 4/26/2006 Senate Introduced and read first time SJ-12 4/26/2006 Senate Referred to Committee on Medical Affairs SJ-12 5/18/2006 Senate Committee report: Favorable with amendment Medical Affairs SJ-35 5/19/2006 Scrivener's error corrected 5/24/2006 Senate Amended SJ-41 5/24/2006 Senate Read second time SJ-41 5/31/2006 Senate Amended SJ-123 5/31/2006 Senate Read third time and returned to House with amendments SJ-123 6/1/2006 House Senate amendment amended HJ-35 6/1/2006 House Returned to Senate with amendments HJ-35 6/1/2006 Senate Non-concurrence in House amendment SJ-18 6/1/2006 House House insists upon amendment and conference committee appointed Reps. Harrison, Delleney, and Scott HJ-211 6/1/2006 Senate Conference committee appointed Hayes, Short, and Scott SJ-20
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1A (Doc. Path council\ms\7494ahb06)
June 1, 2006
S. Printed 5/31/06--S.
Read the first time April 26, 2006.
TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-4-130(R) and (W) of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"(R) 'Qualifying health condition' means an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, a natural disaster, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, or serious economic impact to the agricultural sector, including food supply.
(W) 'Trial court' is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for county in which a public health emergency has been declared. If that court is unable to function because of the isolation, quarantine, or public health emergency, the trial court is a circuit court designated by the Chief Justice upon petition and proper showing by the Department of Health and Environmental Control."
SECTION 2. Section 44-4-530(C) and (D) of the 1976 Code, as added by Act 339 of 2002, is amended to read:
Persons A person subject to isolation or quarantine must comply with DHEC's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these provisions rules and orders constitutes a misdemeanor, and upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(D)(1) DHEC may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.
(2) No person, other than a person authorized by DHEC, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a misdemeanor, and upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
Any A person entering an isolation or quarantine premises with or without authorization of DHEC may be isolated or quarantined as provided for in this act chapter."
SECTION 3. Section 44-4-530 of the 1976 Code, as added by Act 339 of 2002, is amended by adding at the end:
"(E) An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order issued pursuant to Sections 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order."
SECTION 4. Section 44-4-540 of the 1976 Code, as added by Act 339 of 2002, is amended by adding at the end:
"(H) Notwithstanding the provisions of subsection (A), prior to the Governor declaring a public health emergency, as defined in Section 44-4-130, the isolation and quarantine of an individual or groups of individuals pursuant to Sections 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540 must be undertaken in accordance with the procedures provided in this section."
SECTION 5. Section 44-4-570 of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"Section 44-4-570. (A)
The appropriate licensing authority, in coordination with DHEC, in coordination with the appropriate licensing authority and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:
(1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;
(2) to accept the volunteer services of in-state and out-of-state health care providers consistent with Title 8, Chapter 25, to appoint
and prescribe the duties of such in-state and out-of-state emergency health care providers as emergency volunteers, and to prescribe the duties as may be reasonable and necessary for emergency response; and
(3) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.
(B)(1) The appointment of out-of-state
emergency health care providers pursuant to this section may be for a limited or unlimited time , but must not exceed the termination of the state of public health emergency. The appropriate licensing authority may terminate the out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.
(2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.
(3) Any out-of-state emergency health care provider appointed pursuant to this section shall not be held liable for any civil damages as a result of medical care or treatment related to the emergency response unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(C)(1) Any in-state or out-of-state health care provider appointed by DHEC pursuant to this section is immune from civil liability for damages resulting from medical care or treatment including, but not limited to, trauma care and triage assessment, related to the emergency response, so long as the actions taken in rendering the care or treatment meet applicable standards of care and do not constitute gross negligence, recklessness, wilfulness, or wantonness.
(2) This subsection applies whether or not the health care provider receives financial gain from the State for the volunteer services, and even if the health care provider receives compensation benefits from the health care provider's employer; regardless of whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from any source including, but not limited to, Medicaid, Medicare, reimbursement under Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512 et seq., or private health insurance.
(D)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time
, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason , provided that any such if the termination will not impede the performance of the duties of the office.
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(D) Any person appointed pursuant to this section who in good faith performs the assigned duties is not liable for any civil damages for any personal injury as the result of any act or omission, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.
(3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment so long as their actions taken in rendering the services meet applicable standards of care and do not constitute gross negligence, recklessness, willfulness, or wantonness."
SECTION 6. This act takes effect upon approval by the Governor.
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