Indicates Matter Stricken s21

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 May 18, 2006 6 7 H. 4808 8 9 Introduced by Reps. Harrison and McLeod 10 11 S. Printed 5/18/06--S. 12 Read the first time April 26, 2006. 13 14 15 THE COMMITTEE ON MEDICAL AFFAIRS 16 To whom was referred a Bill (H. 4808) to amend Section 17 44-4-130, Code of Laws of South Carolina, 1976, relating to 18 definitions in the “Emergency Health Powers Act”, so as to revise, 19 etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, Section 44-4-130(W) page 2, 25 line 24 by deleting /Economic/ and inserting /Environmental/. 26 Amend the bill, further by deleting Section 44-4-570 and 27 inserting: 28 / “Section 44-4-570. Section 44-4-570. (A) The appropriate 29 licensing authority, in coordination with DHEC, in coordination 30 with the appropriate licensing authority and the Department of 31 Labor, Licensing and Regulation, may exercise, for such period as 32 the state of public health emergency exists, in addition to existing 33 emergency powers, the following emergency powers regarding 34 licensing of health personnel: 35 (1) to require in-state health care providers to assist in the 36 performance of vaccination, treatment, examination, or testing of 37 any individual as a condition of licensure, authorization, or the 38 ability to continue to function as a health care provider in this 39 State; 40 (2) to accept the volunteer services of in - state and 41 out - of - state health care providers consistent with Title 8, Chapter 42 25, to appoint and prescribe the duties of such in - state and

1 [4808-1] 1 out-of-state emergency health care providers as emergency 2 volunteers, and to prescribe the duties as may be reasonable and 3 necessary for emergency response; and 4 (3) to authorize the medical examiner or coroner to appoint 5 and prescribe the duties of such emergency assistant medical 6 examiners or coroners as may be required for the proper 7 performance of the duties of the office. 8 (B)(1) The appointment of out-of-state emergency health care 9 providers pursuant to this section may be for a limited or unlimited 10 time, but must not exceed the termination of the state of public 11 health emergency. The appropriate licensing authority may 12 terminate the out-of-state appointments at any time or for any 13 reason provided that any termination will not jeopardize the health, 14 safety, and welfare of the people of this State. 15 (2) The appropriate licensing authority may waive any or all 16 licensing requirements, permits, or fees required by law and 17 applicable orders, rules, or regulations for health care providers 18 from other jurisdictions to practice in this State. 19 (3) Any out-of-state emergency health care provider 20 appointed pursuant to this section shall not be held liable for any 21 civil damages as a result of medical care or treatment related to the 22 emergency response unless the damages result from providing, or 23 failing to provide, medical care or treatment under circumstances 24 demonstrating a reckless disregard for the consequences so as to 25 affect the life or health of the patient. 26 (C)(1) Any in - state or out - of - state health care provider 27 appointed by DHEC pursuant to this section is immune from civil 28 liability for damages resulting from medical care or treatment 29 including, but not limited to, trauma care and triage assessment, 30 related to the emergency response, unless the damages result from 31 providing, or failing to provide, medical care or treatment under 32 circumstances demonstrating a reckless disregard for the 33 consequences so as to affect the life or health of the patient. 34 (2) This subsection applies whether or not the health care 35 provider receives financial gain from the State for the volunteer 36 services, and even if the health care provider receives 37 compensation benefits from the health care provider’s employer; 38 regardless of whether the health care provider was paid, should 39 have been paid, or expected to be paid for the services at the time 40 of rendering the services from any source including, but not 41 limited to, Medicaid, Medicare, reimbursement under Robert T. 42 Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 43 Section 512 et seq., or private health insurance.

1 [4808-2] 1 (D)(1) The appointment of emergency assistant medical 2 examiners or coroners pursuant to this section may be for a limited 3 or unlimited time, but must not exceed the termination of the state 4 of public health emergency. The medical examiner or coroner may 5 terminate the emergency appointments at any time or for any 6 reason, provided that any such if the termination will not impede 7 the performance of the duties of the office. 8 (2) The medical examiner or coroner may waive any or all 9 licensing requirements, permits, or fees required by law and 10 applicable orders, rules, or regulations for the performance of these 11 duties. 12 (D) Any person appointed pursuant to this section who in good 13 faith performs the assigned duties is not liable for any civil 14 damages for any personal injury as the result of any act or 15 omission, except acts or omissions amounting to gross negligence 16 or wilful or wanton misconduct. 17 (3) Any emergency assistant medical examiner or coroner 18 appointed pursuant to this section is immune from civil liability for 19 damages resulting from services relating to and performed during 20 the period of appointment, unless the damages result from 21 providing, or failing to provide, services under circumstances 22 demonstrating reckless conduct.” 23 Renumber sections to conform. 24 Amend title to conform. 25 26 HARVEY S. PEELER, JR. for Committee. 27

1 [4808-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO DEFINITIONS IN THE 13 “EMERGENCY HEALTH POWERS ACT”, SO AS TO REVISE 14 THE DEFINITIONS OF “QUALIFYING HEALTH 15 CONDITION” AND “TRIAL COURT”; TO AMEND SECTION 16 44-4-530, RELATING TO ISOLATION AND QUARANTINE 17 OF INDIVIDUALS AND PENALTIES FOR 18 NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF 19 A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR 20 THIRTY DAYS IN PRISON, OR BOTH, FOR 21 NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER 22 MAY NOT FIRE OR DISCRIMINATE AGAINST AN 23 EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE 24 ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY 25 REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR 26 QUARANTINE TO USE ANNUAL OR SICK LEAVE TO 27 COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 28 44-4-540, RELATING TO ISOLATION AND QUARANTINE 29 PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE 30 DECLARATION OF A PUBLIC HEALTH EMERGENCY 31 ISOLATION AND QUARANTINE ORDERS ISSUED MUST 32 BE UNDERTAKEN IN ACCORDANCE WITH THE 33 EMERGENCY HEALTH POWERS ACT; TO AMEND 34 SECTION 44-4-570, RELATING TO APPOINTMENT AND 35 USE OF IN-STATE AND OUT-OF-STATE HEALTH 36 PERSONNEL IN A STATE OF PUBLIC HEALTH 37 EMERGENCY, SO AS TO PROVIDE THAT LAW 38 PERTAINING TO GOVERNMENT VOLUNTEERS AND 39 COVERAGE UNDER THE SOUTH CAROLINA TORT 40 CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH 41 EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, 42 AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL

1 [4808] 1 1 LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE 2 EXCEPTIONS. 3 4 Be it enacted by the General Assembly of the State of South 5 Carolina: 6 7 SECTION 1. Section 44-4-130(R) and (W) of the 1976 Code, as 8 added by Act 339 of 2002, is amended to read: 9 10 “(R) ‘Qualifying health condition’ means an illness or health 11 condition that may be caused by terrorism, epidemic or pandemic 12 disease, a natural disaster, or a novel infectious agent or biological 13 or chemical agent and that poses a substantial risk of a significant 14 number of human fatalities, widespread illness, or serious 15 economic impact to the agricultural sector, including food supply. 16 17 (W) ‘Trial court’ is the circuit court for the county in which the 18 isolation or quarantine is to occur or to the circuit court for county 19 in which a public health emergency has been declared. If that 20 court is unable to function because of the isolation, quarantine, or 21 public health emergency, the trial court is a circuit court 22 designated by the Chief Justice upon petition and proper showing 23 by the Department of Health and Economic Control.” 24 25 SECTION 2. Section 44-4-530(C) and (D) of the 1976 Code, as 26 added by Act 339 of 2002, is amended to read: 27 28 “(C) Persons A person subject to isolation or quarantine must 29 comply with DHEC’s rules and orders, and must not go beyond the 30 isolation or quarantine premises. Failure to comply with these 31 provisions rules and orders constitutes a misdemeanor, and upon 32 conviction, a person must be fined not more than one thousand 33 dollars or imprisoned not more than thirty days, or both. 34 (D)(1) DHEC may authorize physicians, health care workers, or 35 others access to individuals in isolation or quarantine as necessary 36 to meet the needs of isolated or quarantined individuals. 37 (2) No person, other than a person authorized by DHEC, 38 shall enter isolation or quarantine premises. Failure to comply with 39 this provision constitutes a misdemeanor, and upon conviction, a 40 person must be fined not more than one thousand dollars or 41 imprisoned not more than thirty days, or both.

1 [4808] 2 1 (3) Any A person entering an isolation or quarantine 2 premises with or without authorization of DHEC may be isolated 3 or quarantined as provided for in this act chapter.” 4 5 SECTION 3. Section 44-4-530 of the 1976 Code, as added by Act 6 339 of 2002, is amended by adding at the end: 7 8 “(E) An employer may not fire, demote, or otherwise 9 discriminate against an employee complying with an isolation or 10 quarantine order issued pursuant to Sections 44-1-80, 44-1-110, 11 44-1-140, 44-4-520, 44-4-530, or 44-4-540; however, nothing in 12 this section prohibits an employer from requiring an employee to 13 use annual or sick leave to comply with such an order.” 14 15 SECTION 4. Section 44-4-540 of the 1976 Code, as added by Act 16 339 of 2002, is amended by adding at the end: 17 18 “(H) Notwithstanding the provisions of subsection (A), prior to 19 the Governor declaring a public health emergency, as defined in 20 Section 44-4-130, the isolation and quarantine of an individual or 21 groups of individuals pursuant to Sections 44-1-80, 44-1-110, 22 44-1-140, 44-4-520, 44-4-530, or 44-4-540 must be undertaken in 23 accordance with the procedures provided in this section.” 24 25 SECTION 5. Section 44-4-570 of the 1976 Code, as added by Act 26 339 of 2002, is amended to read: 27 28 “Section 44-4-570. (A) The appropriate licensing authority, in 29 coordination with DHEC and the Department of Labor, Licensing 30 and Regulation, may exercise, for such period as the state of public 31 health emergency exists, in addition to existing emergency powers, 32 the following emergency powers regarding licensing of health 33 personnel: 34 (1) to require in-state health care providers to assist in the 35 performance of vaccination, treatment, examination, or testing of 36 any individual as a condition of licensure, authorization, or the 37 ability to continue to function as a health care provider in this 38 State; 39 (2) to accept the volunteer services of in - state and 40 out - of - state health care providers consistent with Title 8, Chapter 41 25 and to appoint and prescribe the duties of such in - state and 42 out-of-state emergency health care providers as may be reasonable 43 and necessary for emergency response; and

1 [4808] 3 1 (3) to authorize the medical examiner or coroner to appoint 2 and prescribe the duties of such emergency assistant medical 3 examiners or coroners as may be required for the proper 4 performance of the duties of the office. 5 (B)(1) The appointment of out-of-state emergency health care 6 providers pursuant to this section may be for a limited or unlimited 7 time, but must not exceed the termination of the state of public 8 health emergency. The appropriate licensing authority may 9 terminate the out-of-state appointments at any time or for any 10 reason provided that any termination will not jeopardize the health, 11 safety, and welfare of the people of this State. 12 (2) The appropriate licensing authority may waive any or all 13 licensing requirements, permits, or fees required by law and 14 applicable orders, rules, or regulations for health care providers 15 from other jurisdictions to practice in this State. 16 (3) Any out-of-state emergency health care provider 17 appointed pursuant to this section shall not be held liable for any 18 civil damages as a result of medical care or treatment related to the 19 emergency response unless the damages result from providing, or 20 failing to provide, medical care or treatment under circumstances 21 demonstrating a reckless disregard for the consequences so as to 22 affect the life or health of the patient. 23 (C)(1) Any in - state or out - of - state health care provider 24 appointed by DHEC pursuant to this section is immune from civil 25 liability for damages resulting from medical care or treatment 26 including, but not limited to, trauma care and triage assessment, 27 related to the emergency response, so long as the actions taken in 28 rendering the care or treatment meet applicable standards of care 29 and do not constitute gross negligence, recklessness, wilfulness, or 30 wantonness. 31 (2) This subsection applies whether or not the health care 32 provider receives financial gain from the State for the volunteer 33 services, and even if the health care provider receives 34 compensation benefits from the health care provider’s employer; 35 regardless of whether the health care provider was paid, should 36 have been paid, or expected to be paid for the services at the time 37 of rendering the services from any source including, but not 38 limited to, Medicaid, Medicare, reimbursement under Robert T. 39 Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 40 Section 512 et seq., or private health insurance. 41 (D)(1) The appointment of emergency assistant medical 42 examiners or coroners pursuant to this section may be for a limited 43 or unlimited time, but must not exceed the termination of the state

1 [4808] 4 1 of public health emergency. The medical examiner or coroner may 2 terminate the emergency appointments at any time or for any 3 reason, provided that any such if the termination will not impede 4 the performance of the duties of the office. 5 (2) The medical examiner or coroner may waive any or all 6 licensing requirements, permits, or fees required by law and 7 applicable orders, rules, or regulations for the performance of these 8 duties. 9 (D) Any person appointed pursuant to this section who in good 10 faith performs the assigned duties is not liable for any civil 11 damages for any personal injury as the result of any act or 12 omission, except acts or omissions amounting to gross negligence 13 or wilful or wanton misconduct. 14 (3) Any emergency assistant medical examiner or coroner 15 appointed pursuant to this section is immune from civil liability for 16 damages resulting from services relating to and performed during 17 the period of appointment so long as their actions taken in 18 rendering the services meet applicable standards of care and do not 19 constitute gross negligence, recklessness, wilfulness, or 20 wantonness.” 21 22 SECTION 6. This act takes effect upon approval by the 23 Governor. 24 ----XX---- 25

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