Senate Amendment 3A
S 164 - Session 125 (2023-2024)
State Health Facility Licensure Act

Senators Davis and Climer propose the following amendment (SR-164.KM0018S):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

SECTION X. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:

Section 44-7-266.(A) In order to be licensed by the department, a hospital is prohibited from using non-compete clauses in any employment agreements. A licensed hospital is prohibited from enforcing any terms of a non-compete clause in an employment agreement signed by a physician prior to the effective date of this section.

(B) In order to be licensed by the department, a hospital is prohibited from using economic criteria unrelated to quality of care or professional competency in determining an individual's qualifications for initial or continuing hospital medical staff membership or privileges.

SECTION X. Chapter 47, Title 40 of the S.C. Code is amended by adding:

Section 40-47-60.In order to be licensed to practice medicine in this State, a physician is prohibited from using non-compete clauses in any physician employment agreement. A licensed physician is prohibited from enforcing any terms of a non-compete clause in an employment agreement signed by a physician prior to the effective date of this section.