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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Huggins and Martin
Document Path: l:\council\bills\bh\7232ahb19.docx
Introduced in the House on January 8, 2019
Currently residing in the House Committee on Judiciary
Summary: Emergency medical responders and techs
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/8/2019 House Introduced and read first time (House Journal-page 246) 1/8/2019 House Referred to Committee on Judiciary (House Journal-page 246)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-170 SO AS TO PROVIDE THAT FAILURE OF EMERGENCY MEDICAL RESPONDER AGENCIES AND EMERGENCY MEDICAL TECHNICIANS TO MAINTAIN PROPER AMOUNTS OF PEDIATRIC SUPPLIES AND OXYGEN FOR USE IN EMERGENCY TRANSPORT MAY BE CONSIDERED GROSS NEGLIGENCE AND CERTAIN FINANCIAL AWARD LIMITATIONS DO NOT APPLY IN A CIVIL ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 61, Title 44 of the 1976 Code is amended by adding:
"Section 44-61-170. Emergency medical responder agencies and emergency medical technicians who are engaged in examining and treating persons involving emergency transport shall ensure that proper pediatric supplies and oxygen are maintained for use in emergency transport. Failure of emergency medical responder agencies and emergency medical technicians to maintain proper pediatric supplies and oxygen in a reasonable manner may be considered gross negligence in a civil action. In addition, in a civil action alleging failure to maintain proper pediatric supplies and oxygen in a reasonable manner when such failure is the proximate cause of injury or death, in a case when provisions of the South Carolina Tort Claims Act, Chapter 78, Title 15, might otherwise be applicable, the financial award limitations on a civil action provided therein do not apply."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent, or civil or criminal, will be immediately effective upon its enactment and this act shall thereafter apply to all pending actions, rights, duties or liabilities founded thereon which have not otherwise been foreclosed by any applicable statute of limitations.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 16, 2019 at 1:49 PM