A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 9 TO CHAPTER 61, TITLE 44 SO AS TO ADDRESS CONTINUOUS QUALITY IMPROVEMENT PROGRAMS IMPLEMENTED BY PREHOSPITAL CLINICIANS, INCLUDING CONFIDENTIALITY AND PRIVILEGE OF DATA AND REPORTS; TO ESTABLISH CERTAIN PENALTIES FOR UNAUTHORIZED USE OF INFORMATION; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Chapter 61, Title 44 of the S.C. Code is amended by adding:

 

Article 9

 

Continuous Quality Control for Prehospital Clinicians

 

    Section 44-61-900. For the purposes of this article:

    (1) "Continuous quality improvement" means an ongoing process of identifying, analyzing, trending, and implementing changes to improve patient care outcomes and organizational performance as well as efficiency by using a structured approach to problem solving, data collection, and analysis to enhance the quality of care delivered, which is overseen by the licensed provider's retained medical control physician required by Section 44-61-40.

    (2) "Emergency medical services clinician" means a person trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support prehospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.

    (3) "Prehospital care" means the provision of mobile integrated healthcare, community paramedicine, both of which may include telehealth, emergency medical care or transportation by trained and certified or licensed emergency medical services clinicians at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.

    (4) "Prehospital clinician" means emergency medical services personnel, firefighters, who support or directly render prehospital care.

 

    Section 44-61-910. (A) All activities, records, reports, data, and proceedings associated with continuous quality improvement programs implemented by prehospital clinicians are:

       (1) privileged and confidential;

       (2) exempt from disclosure pursuant to Chapter 4, Title 30;

       (3) not subject to disclosure or discovery in any civil, criminal, or administrative proceeding; and

       (4) may not be used as evidence in any criminal, civil, or administrative proceeding.

    (B) The privilege and confidentiality provided for in subsection (A) extend to, without limitation:

       (1) peer review processes;

       (2) incident debriefings and reviews;

       (3) morbidity and mortality reviews;

       (4) data collection and analysis;

       (5) case studies and discussions;

       (6) training sessions;

       (7) performance evaluations related to clinical care;

       (8) information related to initial credentialing processes; and

       (9) documentation related to hiring and onboarding processes.

    (C) Information produced by continuous quality improvement activities shall be used solely for improving the quality of care and services provided by prehospital providers.

 

    Section 44-61-920. The protections from disclosure contained in Section 44-61-910(A) do not apply to:

       (1) information that is otherwise available from original sources not associated with continuous quality improvement activities; or

       (2) voluntary disclosure by the provider or a participant in continuous quality improvement activities, unless otherwise prohibited by law.

 

    Section 44-61-930. A person who makes an unauthorized disclosure of or use of continuous quality improvement and peer review in violation of this article is subject to the penalty provisions of Section 44-61-160.

 

    Section 44-61-940. Continuous quality improvement participants acting in good faith and within the scope of the participant's duties are immune from civil or criminal liability for any act, omission, or statement related to the continuous quality improvement activity in which the participant is participating. A participant who engages in wilful misconduct or gross negligence associated with a continuous quality improvement activity is not immune from civil or criminal liability for his acts, omissions, or statements. 

 

SECTION 2.  This act takes effect upon approval by the Governor.

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