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S. 886
STATUS INFORMATION
General Bill
Sponsors: Senator Cleary
Document Path: l:\council\bills\nbd\11850ab08.doc
Introduced in the Senate on January 8, 2008
Currently residing in the Senate Committee on Medical Affairs
Summary: Emergency Medical Treatment and Active Labor Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/5/2007 Senate Prefiled
12/5/2007 Senate Referred to Committee on Medical Affairs
1/8/2008 Senate Introduced and read first time SJ-46
1/8/2008 Senate Referred to Committee on Medical Affairs SJ-46
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 28 TO CHAPTER 7, TITLE 44 SO AS TO CREATE THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 44 of 1976 Code is amended by adding:
Section 44-7-4410. This article may be cited as the 'South Carolina Emergency Medical Treatment and Active Labor Act'.
Section 44-7-4420. As used in this section:
(1) 'Department' means the South Carolina Department of Health & Environmental Control.
(2) 'Emergency medical condition' means:
(a) a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(i) placing the health of the individual or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(ii) serious impairment to bodily functions;
(iii) serious dysfunction of any bodily organ or part; or
(b) with respect to a pregnant woman who is having contractions:
(i) that there is inadequate time to effect a safe transfer to another hospital before delivery, or
(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child.
(3) 'Reckless disregard' means such conduct that a health care provider knew or should have known, at the time the services were rendered, created an unreasonable risk of injury so as to affect the life or health of another, and such risk was substantially greater than that which is necessary to make the conduct negligent.
(4) 'Stabilize' means, with respect to an emergency medical condition described in paragraph (1)(a), to provide medical treatment of the condition considered necessary to assure, within reasonable medical probability, that a material deterioration of the condition is not likely to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), to give birth, including delivery of the placenta.
(5) 'Stabilized' means, with respect to an emergency medical condition described in paragraph (1)(a), that the medical condition is not likely to materially deteriorate, within reasonable medical probability, as a result of, or during, the transfer of the individual from a facility, or, with respect to an emergency medical condition described in paragraph (1)(b), that the woman has given birth, including delivery of the placenta.
(6) 'Transfer' means the movement or discharge of an individual outside a hospital's facilities at the direction of a physician or person employed by the hospital, but does not include such a movement of an individual who has been declared dead or leaves the facility without the permission of a physician or hospital employee.
Section 44-7-4430. (A) A hospital emergency department must provide for an appropriate medical screening examination within the capability of the hospital's emergency department to a person who comes to the emergency department seeking examination or treatment for a medical condition. The hospital must also provide the person ancillary services routinely available to the emergency department to determine whether or not an emergency medical condition exists.
(B)(1) If the medical screening determines that the person has an emergency medical condition, the hospital must provide either:
(a) further medical examination and treatment as may be required to stabilize the medical condition, within the staff and facilities available at the hospital; or
(b) transfer of the individual to another medical facility in accordance with this article.
(2) A hospital is deemed to meet the requirement of subsection (B)(1)(a) with respect to an individual if the hospital offers the individual the further medical examination and treatment described in that paragraph and informs the individual or a person acting on the individual's behalf of the risks and benefits to the individual of such examination and treatment, but the individual or a person acting on the individual's behalf refuses to consent to the examination and treatment. The hospital shall take all reasonable steps to secure the person's written informed consent to refuse such examination and treatment.
(3) A hospital is deemed to meet the requirement of paragraph subsection (B)(1)(b) of this section with respect to an individual if the hospital offers to transfer the individual to another medical facility in accordance with subsection (C) of this section and informs the individual or a person acting on the individual's behalf of the risks and benefits to the individual of such transfer, but the individual or a person acting on the individual's behalf refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the person's written informed consent to refuse such transfer.
(C)(1) If an individual at a hospital has an emergency medical condition which has not been stabilized, the hospital may not transfer the individual unless:
(a)(i) the individual or a legally responsible person acting on the individual's behalf after being informed of the hospital's obligations under this section and of the risk of transfer, in writing requests transfer to another medical facility;
(ii) a physician licensed in this state has signed a certification that based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the individual and, in the case of labor, to the unborn child from effecting the transfer; or
(iii) if a physician is not physically present in the emergency department at the time an individual is transferred, a qualified medical person has signed a certification described in subitem (ii) after a physician, in consultation with the person, has made the determination described in such clause, and subsequently countersigns the certification; and
(b) a transfer to that facility is appropriate. A certification described in subitems (ii) or (iii) of subsection (A) shall include a summary of the risks and benefits upon which the certification is based.
(2) An appropriate transfer to a medical facility is a transfer:
(a) in which the transferring hospital provides the medical treatment within its capacity which minimizes the risks to the individual's health and, in the case of a woman in labor, the health of the unborn child;
(b) in which the receiving facility:
(i) has available space and qualified personnel for the treatment of the individual, and
(ii) has agreed to accept transfer of the individual and to provide appropriate medical treatment;
(c) in which the transferring hospital sends to the receiving facility original versions or copies of all relevant medical records available at the time of the transfer, including records related to the individual's emergency medical condition, observations of signs or symptoms, preliminary diagnosis, treatment provided, results of any tests and the informed written consent or certification provided in this article and the name and address of any on-call physician who has refused or failed to appear within a reasonable time to provide necessary stabilizing treatment;
(d) in which the transfer is effected through qualified personnel and transportation equipment, as required including the use of necessary and medically appropriate life support measures during the transfer; and
(e) that meets such other requirements as the department may find necessary in the interest of the health and safety of individuals transferred.
Section 44-7-4440. (A)(1) A health care professional or physician licensed in this state who gratuitously and in good faith renders emergency care or treatment pursuant to this article may not be liable for civil damages as a result of the care or treatment or as a result of an act or omission in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. This immunity does not apply where a licensed health care practitioner is providing emergency services to a person with whom the practitioner has an established provider-patient relationship outside of the emergency room setting.
(2)(a) A hospital providing emergency services pursuant to this article may not be liable for civil damages as a result of such medical care or treatment unless such 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 another.
(b) The immunity provided by this paragraph does not apply to damages as a result of an act or omission of providing medical care or treatment unrelated to the original situation that demanded immediate medical attention.
(c) For purposes of this article, the Legislature's intent is to encourage health care practitioners to provide necessary emergency care to all persons without fear of litigation as described in this paragraph.
(B) Except as otherwise provided in this subsection, where the finder of fact determines that liability exists on the part of the defendant, the finder of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages by amounts:
(1) intended to compensate the claimant for economic losses;
(2) intended to compensate the claimant for noneconomic losses; and
(3) awarded to the claimant for punitive damages, if applicable.
(C) In an action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, to which this part applies in which the finder of fact determines that liability exists on the part of the defendant, the finder of fact shall, as a part of the verdict, itemize the amounts to be awarded to the claimant into the following categories of damages by amounts:
(1) intended to compensate the claimant for past economic losses and future economic losses, not reduced to present value, and the number of years or part thereof which the award is intended to cover;
(2) intended to compensate the claimant for past noneconomic losses, future noneconomic losses, and the number of years or the part of which the award is intended to cover; and
(3) awarded to the claimant for punitive damages, if applicable.
(D) Notwithstanding another provision of law, in an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort, the finder of fact shall apportion the total fault only among the claimant and all the joint tortfeasors who are parties to the action when the case is submitted to the jury for deliberation and rendition of the verdict.
Section 44-7-4450. A hospital may not delay provision of an appropriate medical screening examination or further medical examination and treatment in order to inquire about the individual's method of payment or insurance status.
Section 44-7-4460. A hospital may not penalize or take adverse action against an employee, person, or physician who refuses to authorize the transfer of an individual with an emergency medical condition that has not been stabilized or against a hospital employee because the employee reports a violation of a requirement of this article."
SECTION 2. This act takes effect upon approval by the Governor.
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