Bill 3381

                    Current Status

Bill Number:               3381
Ratification Number:       495
Act Number                 447
Introducing Body:          House
Subject:                   Relating to the immunity from civil
                           liability of health care providers

(A447, R495, H3381)

AN ACT TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY CARE MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.

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

Conditions of immunity revised

SECTION 1. Section 33-55-210 of the 1976 Code, as last amended by Act 149 of 1987, is further amended to read:

"Section 33-55-210. A person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgement in an action under Sections 33-55-210 through 33-55-230 constitutes a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. The plaintiff, when bringing an action under the provisions of Section 33-55-210 through 33-55-230, may name as a party defendant only the charitable organization for which the employee was acting and may not name the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. If the employee is individually named under the conditions permitted above, the entity for which the employee was acting must be substituted as the party defendant when it can be reasonably determined.

No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation, expectation, or promise thereof is liable for any civil damage or any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.