H*4999(Rat #0207, Act #0189 of 2016)  General Bill, By Goldfinch, Merrill, 
Clemmons, Ridgeway, G.M. Smith, Yow, Erickson and Long

Similar(S 357)
 AN ACT 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 IMMUNITY FROM LIABILITY
 FOR PROVIDING FREE HEALTH CARE SERVICES, WITH EXCEPTIONS; TO REENTITLE CHAPTER
 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; TO DESIGNATE SECTIONS 44-30-10
 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE
 PROFESSIONAL COMPLIANCE ACT"; TO AMEND SECTION 38-79-30, RELATING TO LIABILITY
 OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE MEDICAL CARE, SO AS TO REQUIRE A
 WRITTEN AGREEMENT OF PROVISION OF THE VOLUNTARY, UNCOMPENSATED CARE AND TO
 ALLOW THE WRITTEN AGREEMENT TO BE AN ELECTRONIC RECORD; AND TO ENABLE HEALTH
 CARE PROVIDERS TO FULFILL CERTAIN CONTINUING EDUCATION REQUIREMENTS BY
 PROVIDING FREE HEALTH CARE SERVICES. - ratified title

   02/25/16  House  Introduced and read first time (House Journal-page 69)
   02/25/16  House  Referred to Committee on Judiciary
                     (House Journal-page 69)
   04/27/16  House  Member(s) request name added as sponsor: Yow,
                     Erickson, Long
   04/27/16  House  Recalled from Committee on Judiciary
                     (House Journal-page 64)
   04/28/16  House  Amended (House Journal-page 24)
   04/28/16  House  Read second time (House Journal-page 24)
   04/28/16  House  Roll call Yeas-95  Nays-0 (House Journal-page 27)
   04/28/16  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 29)
   04/29/16  House  Read third time and sent to Senate
                     (House Journal-page 1)
   05/03/16  Senate Introduced and read first time (Senate Journal-page 5)
   05/03/16  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 5)
   05/04/16  Senate Recalled from Committee on Medical Affairs
                     (Senate Journal-page 2)
   05/12/16  Senate Read second time (Senate Journal-page 27)
   05/12/16  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 27)
   05/17/16  Senate Read third time and enrolled (Senate Journal-page 15)
   05/24/16         Ratified R 207
   05/25/16         Signed By Governor
   05/27/16         Effective date 05/25/16
   05/31/16         Act No. 189

H. 4999

(A189, R207, H4999)

AN ACT 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 IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES, WITH EXCEPTIONS; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT"; TO AMEND SECTION 38-79-30, RELATING TO LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE MEDICAL CARE, SO AS TO REQUIRE A WRITTEN AGREEMENT OF PROVISION OF THE VOLUNTARY, UNCOMPENSATED CARE AND TO ALLOW THE WRITTEN AGREEMENT TO BE AN ELECTRONIC RECORD; AND TO ENABLE HEALTH CARE PROVIDERS TO FULFILL CERTAIN CONTINUING EDUCATION REQUIREMENTS BY PROVIDING FREE HEALTH CARE SERVICES.

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

Free health care services, immunity from liability

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

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 health care provider is not liable for any civil damages for any personal injury as a result of any act or omission by the health care provider rendering treatment free of charge or failure to act to provide or arrange for further treatment, except acts or omission amounting to gross negligence or wilful or wanton misconduct. For purposes of this section, a health care provider includes a dentist maintaining a restricted volunteer license pursuant to Section 40-15-177, a practitioner maintaining a special volunteer license pursuant to Section 40-47-34, and a chiropractor maintaining a special volunteer license pursuant to Section 40-9-85."

Chapter name and article designation

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".

Code Commissioner directive concerning conforming changes

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".

Agreements for free medical services

SECTION    4.    Section 38-79-30 of the 1976 Code is amended to read:

"Section 38-79-30.    (A)    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.

(B)    For purposes of this section, a health care provider includes a dentist maintaining a restricted volunteer license pursuant to Section 40-15-177, a practitioner maintaining a special volunteer license pursuant to Section 40-47-34, and a chiropractor maintaining a special volunteer license pursuant to Section 40-9-85."

Health care professionals, continuing education

SECTION    5.    Any licensed health care provider who renders medical services voluntarily and without compensation or the expectation or promise of compensation and seeks no reimbursement from charitable and governmental sources may fulfill one hour of continuing education for each hour of volunteer medical services rendered, up to a maximum of twenty-five percent of the provider's required continuing education credits for the licensure period.

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 24th day of May, 2016.

Approved the 25th day of May, 2016.