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157Ratification Number: 322Act Number: 317Introducing Body: SenateSubject: Reporting of certain disciplinary actions to the State Board of Medical Examiners by health care facilities
(A317, R322, S157)
AN ACT TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS CONCERNING HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING SECTION 44-7-70, SO AS TO REQUIRE THE MEDICAL STAFF CHIEF OR MEDICAL DIRECTOR OF EVERY HEALTH CARE FACILITY TO REPORT TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF, AND THE CIRCUMSTANCES CONCERNING, ANY ACTION RESULTING IN THE REVOCATION OR SUSPENSION OF, OR OTHER LIMITATION UPON, A PHYSICIAN'S PRIVILEGES TO PRACTICE IN THAT HEALTH CARE FACILITY, TO PROVIDE EXCEPTIONS TO THE REQUIREMENT OF MAKING THE REPORT, AND TO PROVIDE IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY UNDER CERTAIN CONDITIONS IN MAKING THE REPORT.
Be it enacted by the General Assembly of the State of South Carolina:
Report to be made to examiners
SECTION 1. Article 1 of Chapter 7 of Title 44 of the 1976 Code is amended by adding:
"Section 44-7-70. The medical staff chief or medical director of every health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of, and the circumstances concerning, any action resulting in the revocation or suspension of, or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of any of the following: (1) a nondisciplinary resignation by the physician; however, any resignation occurring after an incident or occurrence which could result in the revocation or suspension of, or other limitation upon, the physician's privileges must be reported; (2) a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of, or other limitation upon, the physician's privileges to practice there; (3) a disciplinary action resulting from the physician's failure to meet record-keeping standards; (4) a disciplinary action resulting from the physician's failure to attend meetings; or (5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.
Any person making the report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice."
SECTION 2. This act shall take effect upon approval by the Governor.