A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-400 SO AS TO DEFINE TERMS RELATING TO THE STATE HEALTH FACILITY LICENSURE ACT; TO PROVIDE THAT PATIENT BEDS MAY BE USED IN HALLWAYS, CORRIDORS, AND OTHER MEANS OF EGRESS DURING A JUSTIFIED EMERGENCY UPON THE DISCRETION OF THE ON-SITE EMERGENCY PHYSICIAN; TO REQUIRE THAT HOSPITALS REMOVE ALL PATIENT BEDS IN HALLWAYS, CORRIDORS, AND MEANS OF EGRESS WHEN THERE IS NO JUSTIFIED EMERGENCY; AND TO PROVIDE THAT HOSPITALS MUST MAINTAIN A CLEAR PATHWAY IN HALLWAYS, CORRIDORS, AND MEANS OF EGRESS IN A JUSTIFIED EMERGENCY, REGARDLESS OF WHETHER PATIENT BEDS ARE PRESENT.

 

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 44-7-400.  (A) As used in this section:

       (1) "Justified emergency" means:

           (i) a declared state of emergency;

           (ii) a natural or manmade disaster;

           (iii) a mass transit accident;

           (iv) an industrial or construction accident;

           (v) a chemical, biological, radiological, or nuclear event;

           (vi) a mob, as defined in Section 16-3-210(A), or terrorist violence resulting in injuries;

            (vii) an acute outbreak of contagious or infectious disease; or

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

        (2) "Hallways," "corridors," and other "means of egress" shall have the same meanings as provided 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 Code Council pursuant to Title 6, Chapter 9.

    (B) Patient beds may be used in hallways, corridors, and other means of egress during a justified emergency when the on-site emergency department physician determines and, within seven calendar days of the start of the justified emergency, documents on a 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.

    (C) The form shall include:

       (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;

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

       (5) evidence 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 the emergency department physician on site at the onset of the justified emergency.

    (D) The hospital shall maintain records documenting the determination made by the on-site emergency department physician pursuant to subsection (B) and provide copies of the form completed pursuant to subsection (C) no less than quarterly to the Department of Public Health that document each instance when a justified emergency has been determined and patient beds have been used in hallways, corridors, or other means of egress.

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

    (F) 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, regardless of whether patient beds are present in these areas. 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.

    (G) Hospitals shall develop written safety 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.  This act takes effect upon approval by the Governor.

----XX----