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Senate Amendment 5
S 164 - Session 125 (2023-2024)
State Health Facility Licensure Act
Senators Davis and Climer propose the following amendment (SR-164.JG0021S):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION 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 including any clauses that restrict the right of a physician to practice after termination of the relationship in any contract or agreement which creates or establishes an employment or any other form of professional relationship with a physician; provided, however, that the hospital may require a physician who has worked for the hospital three years or less to repay all or a portion of the actual costs of the following: relocation expenses, a signing bonus or other renumeration to induce the physician to relocate or establish a health care practice in a specified geographic area, or recruiting, education or training expenses, if the specific items and value of each item the hospital seeks in repayment must be outlined within the agreement at the time of signing; provided further, however, that the hospital may not In any contract or agreement prevent a physician from complying with his ethical duties to the patient upon departure as set forth in regulations which shall be promulgated by the Board of Medical Examiners, and may be fined for each violation in an amount set forth in such regulations. The requirements of this section shall apply only to new contracts or renewals of contracts entered into on or after the effective date of this section.
(B) The prohibitions as to contract or agreements set forth in subparagraph (A) shall apply only to the clauses the restrict the right of a physician to practice after termination of the relationship, and shall not apply to any other clause, including, without limitation, those pertaining to the protection of medical trade secrets.
(C) 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.