Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Cleary
Document Path: l:\s-jud\bills\cleary\jud0077.rem.docx
Companion/Similar bill(s): 4665
Introduced in the Senate on January 14, 2014
Introduced in the House on March 25, 2014
Last Amended on March 20, 2014
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Childcare facilities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/10/2013 Senate Prefiled 12/10/2013 Senate Referred to Committee on Judiciary 1/14/2014 Senate Introduced and read first time (Senate Journal-page 42) 1/14/2014 Senate Referred to Committee on Judiciary (Senate Journal-page 42) 3/12/2014 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 8) 3/18/2014 Senate Committee Amendment Adopted (Senate Journal-page 15) 3/18/2014 Senate Read second time (Senate Journal-page 15) 3/18/2014 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 15) 3/20/2014 Senate Amended (Senate Journal-page 22) 3/20/2014 Senate Read third time and sent to House (Senate Journal-page 22) 3/25/2014 House Introduced and read first time (House Journal-page 17) 3/25/2014 House Referred to Committee on Medical, Military, Public and Municipal Affairs (House Journal-page 17)
View the latest legislative information at the website
VERSIONS OF THIS BILL
AS PASSED BY THE SENATE
March 20, 2014
S. Printed 3/20/14--S.
Read the first time January 14, 2014.
TO AMEND ARTICLE 1, CHAPTER 13, TITLE 63, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE REGULATION OF CHILDCARE FACILITIES, BY ADDING SECTION 63-13-185, SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, AND TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-185. (A) For purposes of this section, 'medication' means a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.
(B) It shall be unlawful for a director, owner, operator, caregiver, employee, or volunteer of a childcare facility to administer medication to a child under the care of the facility unless:
(1) the parent or guardian of the child has submitted to the childcare facility prior to the administration of the medication a signed and dated parental consent form that authorizes the facility to administer the medication to the child, and the authorization is for not longer than one year;
(2) the medication is administered as stated on the label directions, or as amended in writing by the child's healthcare provider; and
(3) the medication is not expired.
(C) Notwithstanding subsection (B) a director, owner, operator, caretaker, employee, or volunteer of a childcare facility may administer medication to a child without a signed authorization if the parent or guardian:
(1) submits to the facility an authorization in an electronic format that is capable of being viewed and saved; or
(2) authorizes the childcare facility by telephone to administer a single dose of a medication.
(D) This section does not apply to a person who administers a medication as prescribed, directed, or intended, to a child, when that person has a good faith belief the child is suffering from a medical emergency and administering medication would prevent the death or serious injury of the child.
(E) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, may be imprisoned for up to one year or fined not more than two thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 27, 2014 at 9:39 AM