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S. 1098
STATUS INFORMATION
General Bill
Sponsors: Senator Cleary
Document Path: l:\council\bills\nbd\11658ac10.docx
Companion/Similar bill(s): 4446
Introduced in the Senate on January 26, 2010
Currently residing in the Senate Committee on Medical Affairs
Summary: Mass immunization projects
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/26/2010 Senate Introduced and read first time SJ-5 1/26/2010 Senate Referred to Committee on Medical Affairs SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASS IMMUNIZATION PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE PARTICIPATION OF MEDICAL PERSONNEL IN THESE PROJECTS, SO AS TO PROVIDE THAT LICENSED NURSES, RATHER THAN REGISTERED NURSES, ARE INCLUDED IN THE PERSONNEL WHO MAY PARTICIPATE IN THESE PROJECTS AND WHO ARE EXEMPT FROM LIABILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-29-210 of the 1976 Code is amended to read:
"Section 44-29-210. (a) (A) Whenever If the Board of the Department of Health and Environmental Control or the Director of the Department of Health and Environmental Control approves in writing a mass immunization project to be administered in any part of this State in cooperation with an official or volunteer medical or health agency, any authorized employee of the agency, any physician who does not receive compensation for his services in the project, and any registered licensed nurse who participates in the project, except as provided in subsection (b) (B), is not liable to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine administered in the project by the employee, physician, or nurse. Neither the board nor the director may approve the project unless either finds that the project conforms to good medical and public health practice.
For purposes of this section, a person is considered to be an authorized employee of an official or volunteer medical or health agency if he has received the necessary training for and approval of the Director of the Bureau of Preventive Health Services of the department for participation in the project.
(b)(B) Nothing in this section exempts any physician, registered licensed nurse, or authorized public health employee participating in any mass immunization project from liability for gross negligence nor do, and the provisions of this section do not exempt any drug manufacturer from any liability for any drug or vaccine used in the project."
SECTION 2. This act takes effect upon approval by the Governor.
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