South Carolina General Assembly
117th Session, 2007-2008

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Bill 297


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.

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

SECTION    1.    Chapter 61, Title 44 of the 1976 Code is amended by adding:

"Article 7

Employment of Emergency Medical Technicians

Section 44-61-700.    This article may be cited as the 'South Carolina Emergency Medical Services Employment Act'.

Section 44-61-710.    As used in this article:

(1)    'Employer' means the EMS agency or other entity which puts an individual or employee in service as an emergency medical technician or assigns any person to work or to official duties as an emergency medical technician whether or not the emergency medical technician receives financial compensation.

(2)    'Employment date' means the date the EMS agency hires the emergency medical technician to perform emergency medical duties.

(3)    'EMS director' means the highest ranking official in charge of an EMS agency, whether or not called by some other title.

(4)    'EMS agency' means any organization providing health care transportation services.

(5)    'Emergency medical technician' 'EMT' means an individual possessing a valid basic, intermediate, or paramedic certificate issued by the State pursuant to this chapter.

(6)    'Emergency medical duties' means duties relating to emergency health care and related activities as assigned by the EMS director.

Section 44-61-720.    (A)    Prior to the employment of any EMT, paid or volunteer, the EMS director or other employer must ensure the EMT undergoes a state criminal records check and may require a federal criminal records check conducted by a law enforcement agency. The cost of the criminal records check must be paid by the EMT or the EMS agency.

(B)    A criminal records check is not required for an EMT employed as of July 1, 2007, as long as the EMT remains employed with the same EMS agency. Upon separation from the EMS agency that he or she was employed by on July 1, 2007, an EMT must comply with the provisions of this article.

(C)    After June 30, 2007, a person must not perform EMT duties in this State if the person has been convicted of, or is under felony indictment for:

(1)    a felony involving criminal sexual conduct;

(2)    a felony involving the physical or sexual abuse of children, the elderly, or the infirmed including, but not limited to, criminal sexual conduct with a minor, making or distributing child pornography or using a child in a sexual display, incest involving a child, or assault on a vulnerable adult; or

(3)    a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the offender.

Section 44-61-730.    (A)    When an EMT applies for employment, the EMS agency shall conduct a state criminal records check and may conduct a federal criminal records check through the National Criminal Information Center regardless of residency.

(B)    Criminal background checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association that conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record.

Section 44-61-740.    Notwithstanding any other provision of law, this article does not apply to individuals engaged in EMT duties during a declared state of emergency."

SECTION    2.    This act takes effect July 1, 2007.

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