Bill 3239

                    Current Status

Bill Number:               3239
Ratification Number:       485
Act Number:                438
Introducing Body:          House
Subject:                   Relating to the Client-Patient Protection
                           Act

(A438, R485, H3239)

AN ACT TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Item (H) of Section 43-30-20 of the 1976 Code is amended to read:

"(H) 'Ombudsman' means the office provided for pursuant to Sections 43-38-10 through 43-38-50."

Person required to report

SECTION 2. Section 43-30-50 of the 1976 Code is amended to read:

"Section 43-30-50. Any person required by this chapter to report cases of suspected client-patient abuse or neglect who has reason to believe that a client-patient has died as a result of abuse or neglect shall report that fact to the coroner. Any other person who has reason to believe that a client-patient has died as a result of abuse or neglect may report that fact to the coroner. The coroner receiving the report shall accept it for investigation and, unless he files a written statement in his records that the report of client-patient abuse is unfounded with his reasons for the finding, cause an autopsy to be performed and report his findings to the South Carolina Law Enforcement Division, the ombudsman, and the solicitor."

Photograph must be taken

SECTION 3. Section 43-30-60 of the 1976 Code is amended to read:

"Section 43-30-60. Any person required to report by this chapter may take, or cause to be taken, photographs of the areas of trauma visible on a client-patient who is the subject of a report and, if medically indicated, cause to be performed a radiological examination of the client-patient without consent. Whenever the person is required to report in his capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency he shall immediately notify the person in charge or his designated agent who shall take, or cause to be taken, color photographs of visible trauma and shall, if medically indicated, cause to be performed a radiological examination of the client-patient. All photographs and x-rays taken, or copies of them, must be sent to the South Carolina Law Enforcement Division, the ombudsman, or the solicitor first receiving the report of abuse or neglect under subsection (C) of Section 43-30-40."

Notices to be displayed

SECTION 4. Section 43-30-70 of the 1976 Code is amended to read:

"Section 43-30-70. Each public or private agency, department, hospital, institution, or facility which is covered under the provisions of this chapter shall prominently display notices stating the duties required of its personnel pursuant to this chapter. The notices must also include the address and telephone number of the South Carolina Law Enforcement Division, the ombudsman, and the solicitor."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.