South Carolina General Assembly
120th Session, 2013-2014

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Bill 748

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

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COMMITTEE REPORT

February 18, 2014

S. 748

Introduced by Senator Cleary

S. Printed 2/18/14--S.    [SEC 2/19/14 11:38 AM]

Read the first time May 29, 2013.

            

THE COMMITTEE ON MEDICAL AFFAIRS

To whom was referred a Bill (S. 748) to amend the Code of Laws of South Carolina, 1976, by adding Article 3 to Chapter 30, Title 44 so as to be entitled "Immunity from Liability for Providing Free Health Care Services", etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by deleting Section 44-30-310 on page 1 and inserting:

/    Section 44-30-310.    If a health care provider, licensed pursuant to the laws of this State, informs his or her patient in writing, which may include use of an electronic medical record device, before treatment that the treatment to be rendered by the health care provider will be provided free of charge, the services rendered are deemed to be within the scope of the Good Samaritan statute, pursuant to Section 15-1-310, mutatis mutandis."        /

Amend the bill further, by adding an appropriately numbered SECTION to read:

/SECTION    __.    Section 38-79-30 of the 1976 Code is amended to read:

"Section 38-79-30.    No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation or the expectation or promise of compensation and seeks no reimbursement from charitable and governmental sources is liable for any civil damages for any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide a voluntary, noncompensated service must be made in writing, which may include use of an electronic medical record device, before rendering service in the case of a nonemergency and may be evidenced by the provider's giving notice in writing, which may include use of an electronic medical record device, to the patient or to the person responsible for the patient's care and acting for the patient that the service being rendered is voluntary and without compensation." /

Renumber sections to conform.

Amend title to conform.

HARVEY S. PEELER, JR. for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 44 SO AS TO BE ENTITLED "IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES", AND TO PROVIDE THAT THE SERVICES OF A HEALTH CARE PROVIDER TREATING A PATIENT FREE OF CHARGE ARE DEEMED TO BE WITHIN THE SCOPE OF THE GOOD SAMARITAN STATUTE; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; AND TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT".

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

SECTION    1.    Chapter 30, Title 44 of the 1976 Code is amended by adding:

"Article 3

Immunity from Liability for Providing Free Health Care Services

Section 44-30-310.    If a health care provider, licensed pursuant to the laws of this State, informs his or her patient before treatment that the treatment to be rendered by the health care provider will be provided free of charge, the services rendered are deemed to be within the scope of the Good Samaritan statute, pursuant to Section 15-1-310, mutatis mutandis."

SECTION    2.    A.        Chapter 30, Title 44 of the 1976 Code is reentitled "Health Care Professionals".

B.        Sections 44-30-10 through 44-30-90 are designated as Article 1, Chapter 30, Title 44 and entitled "Health Care Professional Compliance Act".

SECTION    3.    When, at the time of printing the Code of Laws, it is practically and economically feasible, the Code Commissioner shall change references to "chapter" in Sections 44-30-10 through 44-30-90 of the 1976 Code to "article".

SECTION    4.    This act takes effect upon approval by the Governor.

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