Current Status Introducing Body:House Bill Number:3655 Primary Sponsor:Waldrop Committee Number:13 Type of Legislation:GB Subject:Sumter County, Eastern Star Home Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:715 Computer Document Number:CYY/18268.SD Introduced Date:Mar 07, 1991 Last History Body:Senate Last History Date:Mar 21, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Local All Sponsors:Waldrop Corbett Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3655 Senate Mar 21, 1991 Introduced, read first time, 13
referred to Committee
3655 House Mar 20, 1991 Read third time, sent to
Senate
3655 House Mar 19, 1991 Read second time
3655 House Mar 07, 1991 Introduced, read first time,
placed on Calendar without
reference
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Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 7, 1991
H. 3655
L. Printed 3/7/91--H.
Read the first time March 7, 1991.
TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH FACILITY LICENSURE ACT, TO EXEMPT EASTERN STAR HOME IN SUMTER COUNTY FROM LICENSING REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-260 of the 1976 Code, as last amended by Act 501 of 1990, is further amended to read:
"Section 44-7-260. (A) If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department:
(1) hospitals, including general and specialized hospitals;
(2) nursing homes;
(3) residential treatment facilities for children and adolescents;
(4) ambulatory surgical facilities;
(5) chiropractic inpatient facilities;
(6) community residential care facilities;
(7) facilities for chemically dependent or addicted persons;
(8) end-stage renal dialysis units;
(9) day-care facilities for adults;
(10) any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury, or other infirmity and for which the department has adopted standards of operation by regulation.;
(11) habilitation centers for the mentally retarded or persons with related conditions.
(B) The licensing provisions of this article do not apply to infirmaries for the exclusive use of the student bodies of privately-owned educational institutions which maintain infirmaries.
(C) The Eastern Star Home in Sumter County is hereby exempt from the provisions set forth in this article. This exemption is valid as long as Eastern Star Home in Sumter County continues the admittance procedures and financial arrangements, which are in effect on the effective date of this act.
(C)(D) The department is authorized to investigate, by inspection or otherwise, any facility to determine if its operation is subject to licensure.
(D)(E) Each hospital must have a single organized medical staff that has the overall responsibility for the quality of medical care provided to patients. Medical staff membership must be limited to doctors of medicine or osteopathy who are currently licensed to practice medicine or osteopathy by the State Board of Medical Examiners, dentists licensed to practice dentistry by the State Board of Dentistry and podiatrists licensed to practice podiatry by the State Board of Podiatry Examiners. No individual is automatically entitled to membership on the medical staff or to the exercise of any clinical privilege merely because he is licensed to practice in any state, because he is a member of any professional organization, because he is certified by any clinical examining board, or because he has clinical privileges or staff membership at another hospital without meeting the criteria for membership established by the governing body of the respective hospital. Patients of podiatrists and dentists who are members of the medical staff of a hospital must be coadmitted by a doctor of medicine or osteopathy who is a member of the medical staff of the hospital who is responsible for the general medical care of the patient. Oral surgeons who have successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accredited body approved by the United States Office of Education may admit patients without the requirement of coadmission if permitted by the bylaws of the hospital and medical staff.
(E)(F) No person, regardless of his ability to pay or county of residence, may be denied emergency care if a member of the admitting hospital's medical staff or, in the case of a transfer, a member of the accepting hospital's medical staff determines that the person is in need of emergency care. "Emergency care" `Emergency care' means treatment which is usually and customarily available at the respective hospital and that must be provided immediately to sustain a person's life, to prevent serious permanent disfigurement, or loss or impairment of the function of a bodily member or organ, or to provide for the care of a woman in active labor if the hospital is so equipped and, if the hospital is not so equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. In addition to or in lieu of any action taken by the South Carolina Department of Health and Environmental Control affecting the license of any hospital, when it is established that any officer, employee, or member of the hospital medical staff has recklessly violated the provisions of this section, the department may require the hospital to pay a civil penalty of up to ten thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.