2025-2026 Bill 5164 Text of Previous Version (May. 07, 2026)

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-255 SO AS TO PROVIDE FOR FIRE AND BUILDING CODE EXCEPTIONS FOR PLACEMENT OF HOSPITAL BEDS IN HALLWAYS, CORRIDORS, OR OTHER MEANS OF EGRESS DURING JUSTIFIED EMERGENCIES.

Amend Title To Conform

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

SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:

Section 44-7-255. (A) "Justified emergency" means any of the following:

(1) declared state of emergency;

(2) natural or manmade disaster;

(3) mass transit accident;

(4) industrial or construction accident;

(5) chemical, biological, radiological, or nuclear event;

(6) act of crowd, spree, or terrorist violence resulting in injuries;

(7) acute outbreak of contagious or infectious disease; or

(8) the exhaustion of all available treatment space in an emergency department due to the number of patients being treated at that time.

(B) "Hallways," "corridors," and "means of egress" mean the same as defined in the codes and standards in effect at the time of the incident, as identified in Section 1-34-20 and adopted by the Building Codes Council pursuant to Chapter 9, Title 6.

(C) During a justified emergency, patient beds may be used in hallways, corridors, and other means of egress when a designated member of the emergency department leadership team as determined by the hospital's written policy and procedures determines and, within seven calendar days of the start of the justified emergency, documents on an electronic form developed by the Department of Public Health that:

(1) all other appropriate treatment space in the hospital has been exhausted; and

(2) the health and safety of patients is jeopardized without the use of patient beds in these areas.

(D) The form shall include the following:

(1) the beginning date and time of the justified emergency;

(2) the ending date and time of the justified emergency;

(3) the nature of the justified emergency, as described in subsection (A)(1) through (8);

(4) an indication that all other appropriate treatment space in the hospital has been exhausted;

(5) an indication that the health and safety of patients is at an increased risk without the use of patient beds in hallways, corridors, or other means of egress; and

(6) the signature of a designated member of the emergency department leadership team at the onset of the justified emergency.

(E) The hospital shall maintain records referenced in subsection (C) and provide copies of the form described in subsection (D) no less than quarterly to the department that documents each instance when a justified emergency has been determined and patient beds have been used in hallways, corridors, or other means of egress.

(F) When not in use for the care and treatment of patients during a justified emergency, hospitals shall remove any beds from hallways, corridors, or means of egress.

(G) To provide for the safety of hospital staff, patients, and visitors during a justified emergency, hospitals shall maintain a clear pathway in hallways, corridors, and means of egress and shall not block exits. Hospitals shall not erect or construct partitions or structures that obstruct the building's fire protection systems including automatic sprinkler systems or fire alarm and detection system components.

(H) To provide for the safety of hospital staff, patients, and visitors, hospitals shall develop written protocols for justified emergency conditions and shall require all employees responsible for the care or treatment of patients to familiarize themselves with these protocols.

SECTION 2.A. Chapter 7, Title 44 of the S.C. Code is amended by adding:

Section 44-7-387. (A) As used in this section:

(1) "Surgical smoke" means the gaseous by-product produced by energy-generating devices such as lasers and electrosurgical devices. The term includes, but is not limited to, surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.

(2) "Smoke evacuation system" means equipment that effectively captures and filters surgical smoke before the smoke makes contact with the eyes or the respiratory tract of occupants in the room.

(3) "Licensed facility" means a hospital or ambulatory surgical facility as defined in Section 44-7-130.

(B) A licensed facility must adopt and implement policies to mitigate exposure to surgical smoke by utilizing a smoke evacuation system or other appropriate measure during any surgical procedure that is likely to generate surgical smoke.

B. This SECTION takes effect on July 1, 2027, except that for the following hospitals this SECTION takes effect January 1, 2028:

(1) hospitals certified as critical access hospitals pursuant to 42 U.S.C. Section 1395i-4;

(2) hospitals with fewer than fifty acute care beds in operation;

(3) hospitals certified by the Centers for Medicare and Medicaid Services as sole community hospitals;

(4) hospitals that qualify as a Medicare dependent hospital; and

(5) hospitals with six or fewer operating rooms.

SECTION 3. This act takes effect upon approval by the Governor, except as provided otherwise in the SECTION adding Section 44-7-387.

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