South Carolina General Assembly
116th Session, 2005-2006

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Bill 4692

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 25, 2006

H. 4692

Introduced by Reps. Davenport and McLeod

S. Printed 5/25/06--S.    [SEC 5/26/06 3:54 PM]

Read the first time April 25, 2006.

            

A BILL

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.

Amend Title To Conform

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

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, any a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any a regulation of the Department of Health and Environmental Control, made by it the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding the sum of more than two hundred dollars or be 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."

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".

SECTION    3.    This act takes effect upon approval by the Governor.

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