South Carolina General Assembly
116th Session, 2005-2006
A372, R444, S1058
STATUS INFORMATION
General Bill
Sponsors: Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short
Document Path: l:\s-jud\bills\hutto\jud0041.cbh.doc
Introduced in the Senate on January 18, 2006
Introduced in the House on April 13, 2006
Last Amended on May 31, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 9, 2006, Signed
Summary: Facility licensed by DHEC has duty to report accidents
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
1/18/2006 Senate Introduced and read first time SJ7
1/18/2006 Senate Referred to Committee on Judiciary SJ7
1/25/2006 Senate Referred to Subcommittee: Hutto (ch), Gregory, Hawkins, Campsen, Cleary, Lourie
4/5/2006 Senate Committee report: Favorable with amendment Judiciary SJ17
4/6/2006 Senate Amended SJ20
4/6/2006 Senate Read second time SJ20
4/11/2006 Senate Read third time and sent to House SJ22
4/13/2006 House Introduced and read first time HJ11
4/13/2006 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ12
5/17/2006 House Committee report: Favorable Medical, Military, Public and Municipal Affairs HJ9
5/24/2006 House Debate adjourned until Thursday, May 25, 2006 HJ60
5/25/2006 House Debate adjourned HJ19
5/25/2006 House Amended HJ81
5/25/2006 House Debate adjourned until Tuesday, May 30, 2006 HJ100
5/30/2006 House Debate adjourned HJ19
5/30/2006 House Read second time HJ118
5/31/2006 House Read third time and returned to Senate with amendments HJ28
5/31/2006 Scrivener's error corrected
5/31/2006 Senate House amendment amended SJ19
5/31/2006 Senate Returned to House with amendments SJ19
6/1/2006 House Concurred in Senate amendment and enrolled HJ37
6/7/2006 Ratified R 444
6/9/2006 Signed By Governor
6/16/2006 Copies available
6/16/2006 Effective date 06/09/06
6/23/2006 Act No.372
VERSIONS OF THIS BILL
1/18/2006
4/5/2006
4/6/2006
5/17/2006
5/25/2006
5/30/2006
5/31/2006
5/31/2006-A
(A372, R444, S1058)
AN ACT TO AMEND SECTION 407120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT’S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 443060, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT’S REGULATIONS AND TO FURTHER PROVIDE THAT INFORMATION SO REPORTED DOES NOT WAIVE ANY PRIVILEGE OR CONFIDENTIALITY OTHERWISE PROVIDED FOR BY THIS SECTION; AND TO AMEND SECTION 447315, RELATING TO DISCLOSURE OF INFORMATION TO AND BY THE DEPARTMENT REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THIS SECTION DOES NOT APPLY TO INFORMATION CONSIDERED CONFIDENTIAL BY CERTAIN OTHER PROVISIONS OF LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Confidentiality of information and reporting of accidents and incidents
SECTION 1. Section 407120 of the 1976 Code is amended to read:
“Section 407120. (A) All proceedings of and all data and information acquired by the committee referred to in Section 407110 in the exercise of its duties are confidential unless a respondent in the proceeding requests in writing that they be made public. These proceedings and documents are not subject to discovery, subpoena, or introduction into evidence in any civil action except upon appeal from the committee action. Information, documents, or records which are otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during the committee proceedings, nor shall any complainant or witness before the committee be prevented from testifying in a civil action as to matters of which he has knowledge apart from the committee proceedings or revealing such matters to third persons.
(B) Confidentiality provisions do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.
(C) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department’s regulations. Provided, however, anything reported pursuant to the department’s regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A).”
Confidentiality of information and reporting of accidents and incidents
SECTION 2. Section 443060 of the 1976 Code is amended to read:
“Section 443060. (A) An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, ‘Liability of Members of Professional Committees’. Proceedings, records, and information acquired or produced by the panel are confidential pursuant to Section 407120, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 443030(3) and must notify the appropriate licensing board and the department of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel.
(B) Nothing in this section affects the duty of a facility or activity licensed by the department to report accidents or incidents pursuant to the department’s regulations. Provided, however, anything reported pursuant to the department’s regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A).”
Confidentiality and disclosure of information
SECTION 3. Section 447315 of the 1976 Code is amended to read:
“Section 447315. (A) Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded, or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department including a nursing home, a community residential care facility, an intermediate care facility for the mentally retarded, or a group home is present in the department’s files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant.
(B) This section does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60.”
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Approved the 9th day of June, 2006.
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