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COMMITTEE REPORT
May 25, 2005
H. 3832
Introduced by Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon
S. Printed 5/25/05--S. [SEC 5/26/05 2:27 PM]
Read the first time April 28, 2005.
To whom was referred a Bill (H. 3832) to enact the Lewis Blackman Hospital Patient Safety Act by adding Article 27, Chapter 7, Title 44, Code of Laws of South Carolina, 1976, so as to require, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-7-3450(A), page 3, line 37 after /physician/ by inserting /regarding the patient's personal medical care/.
Amend the bill, further, Section 44-7-3450(B), page 4, by deleting line 5 and inserting /the resolution of the patient's personal medical care concerns./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-3410. This article may be cited as the 'Lewis Blackman Hospital Patient Safety Act'.
Section 44-7-3420. For purposes of this article:
(1) 'Clinical staff' means persons who work in a hospital whose duties include the personal care or medical treatment of patients. 'Clinical staff' includes, but is not limited to, credentialed physicians, physicians' assistants, nurses, nursing aides, medical technicians, therapists, and other individuals involved in the personal care or medical treatment of patients.
(2) 'Clinical trainees' means persons who are receiving healthcare professional training in a hospital, either paid or unpaid, students or licensed professionals, whose training includes the personal care or medical treatment of patients. 'Clinical trainees' includes, but is not limited to, resident physicians, medical students, nursing students, and other students and individuals in healthcare professional training in a hospital.
(3) 'Credentialed caregiver' means a nurse practitioner or physician's assistant who is licensed to care for patients within his or her scope of practice.
(4) 'Credentialed physician' means a licensed physician who has completed his or her postgraduate medical training who has medical staff privileges at a hospital.
(5) 'Attending physician' means a licensed physician who has completed his or her postgraduate medical training and who has medical staff privileges at a hospital and who has primary responsibility for a patient's care while the patient is in the hospital.
(6) 'Designee' means a credentialed physician or a credentialed caregiver whom a patient's attending physician has designated to care for the patient in the absence of the attending physician.
(7) 'Medical student' means an individual enrolled in a program culminating in a degree in medicine.
(8) 'Patient' means an individual who is being treated by a physician in a hospital and includes a patient's representative or an individual allowed by law to make health care decisions for a patient who is a minor or who is unable to consent to health care treatment for himself or herself, or both.
(9) 'Resident physician' means an individual who is participating in any graduate medical education program and whose relationship to the patient is under the auspices of the medical education program.
(10) 'Intern' means an individual who is an advanced student or graduate in medicine gaining supervised practical experience.
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, 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.
Section 44-7-3440. Except in emergency admissions, a hospital shall provide to each patient prior to, or at the time of the patient's admission to the hospital for inpatient care or outpatient surgery, written information describing the general role of clinical trainees, medical students, interns, and resident physicians in patient care. The written information must also notify the patient that the attending physician is the person responsible for the patient's care while the patient is in the hospital and that the patient's attending physician may change during the patient's hospitalization depending on the type of care or services required for the patient. The written information must also contain the information described in Section 44-7-3450. The written material must also state generally whether medical students, interns, or resident physicians may be participating in a patient's care, may be making treatment decisions for the patient, or may be participating in or performing, in whole or in part, any surgery on the patient. This document must be separate from the general consent for treatment.
Section 44-7-3450. (A) If at any time a patient requests that a nurse call his or her attending physician, the nurse shall place a call to the attending physician or his or her designee to inform him or her of the patient's concern. If the patient is able to communicate with and desires to call his or her attending physician or designee, upon the patient's request, the nurse must provide the patient with the telephone number and assist the patient in placing the call. A nurse or other clinical staff to whom such a request is made or who receives multiple requests may notify his or her immediate supervisor for assistance.
(B) Each hospital must provide a mechanism, available at all times, through which a patient may access prompt assistance for the resolution of urgent patient care concerns.
For purposes of this section, 'mechanism' means a telephone number, beeper number, or other means of allowing a patient to independently access the patient assistance system and must not be construed as requiring a patient to request information or assistance in order to access the system; however, a clinical staff member or clinical trainee must promptly access the system on behalf of a patient if a patient requests such assistance. A description of this mechanism and the method for accessing it must be included in the written material described in Section 44-7-3440.
(C) The hospital must establish procedures for the implementation of the mechanism, providing for initiation of contact with administrative or supervisory clinical staff who shall promptly assess, or cause to be assessed, the urgent patient care concern and cause the patient care concern to be addressed.
Section 44-7-3455. The provisions of this article do not apply to hospitals owned or operated by the Department of Mental Health.
Section 44-7-3460. The Department of Health and Environmental Control shall administer and enforce the provisions of this article in accordance with procedures and penalties provided in law and regulation.
Section 44-7-3470. This article does not create a civil cause of action; however, this article must not be construed to preclude a claim that may have otherwise been asserted under common law or any other provision of law."
SECTION 2. This act takes effect upon approval by the Governor.
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