Current Status Bill Number:3033 Ratification Number:441 Act Number:323 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Govan All Sponsors:Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence Drafted Document Number:BBM\10966AC.97 Date Bill Passed both Bodies:19980603 Date of Last Amendment:19980528 Governor's Action:S Date of Governor's Action:19980608 Subject:Children's Emergency Medical Services Act, Medical, Minors, Health and Environmental Control Department
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980617 Act No. A323
------ 19980608 Signed by Governor
------ 19980604 Ratified R441
House 19980603 Concurred in Senate amendment,
enrolled for ratification
Senate 19980528 Read third time, returned to House
with amendment
Senate 19980528 Amended
Senate 19980526 Read second time
Senate 19980526 Committee amendment adopted
Senate 19980521 Polled out of Committee: Favorable 13 SMA
with amendment
Senate 19980324 Introduced, read first time, 13 SMA
referred to Committee
House 19980320 Read third time, sent to Senate
House 19980319 Amended, read second time,
unanimous consent for third reading
on Friday, 19980320
House 19980319 Objection withdrawn by Representative Leach
House 19980319 Objection withdrawn by Representative Kelley
House 19980319 Objection withdrawn by Representative Loftis
House 19980319 Objection withdrawn by Representative Lanford
House 19980319 Objection withdrawn by Representative Woodrum
Sharpe
Webb
Barrett
House 19980318 Committee report: Favorable with 27 H3M
amendment
House 19980311 Recommitted to Committee 27 H3M
House 19980219 Debate adjourned until
Wednesday, 19980311
House 19980129 Debate adjourned until
Thursday, 19980212
House 19970507 Debate adjourned until
Thursday, 19980115
House 19970430 Debate adjourned until
Thursday, 19970501
House 19970417 Objection by Representative Barrett
Woodrum
Robinson
Webb
Kirsh
Lanford
Kelley
Loftis
Leach
Sharpe
House 19970415 Committee report: Favorable with 27 H3M
amendment
House 19970114 Introduced, read first time, 27 H3M
referred to Committee
House 19961211 Prefiled, referred to Committee 27 H3M
View additional legislative information at the LPITS web site.
(A323, R441, H3033)
AN ACT TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES INCLUDING THE ESTABLISHMENT OF PUBLIC AND CONTINUING EDUCATION AND REFERRAL AND EQUIPMENT GUIDELINES, TO REQUIRE THE PROGRAM IN CONJUNCTION WITH THE SOUTH CAROLINA DATA OVERSIGHT COUNCIL TO COLLECT AND ANALYZE DATA AND TO PROVIDE FOR THE RELEASE AND CONFIDENTIALITY OF SUCH DATA; AND TO DESIGNATE SECTIONS 44-61-10 THROUGH 44-61-150 AS ARTICLE 1, CHAPTER 61, TITLE 44 ENTITLED EMERGENCY MEDICAL SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
Emergency medical services for children program created; duties and responsibilities
SECTION 1. Title 44, Chapter 61 of the 1976 Code is amended by adding:
Section 44-61-300. This article may be cited as the Children's Emergency Medical Services Act.
Section 44-61-310. As used in this article:
(1) 'Advanced life support' means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized by the department pursuant to regulations.
(2) 'Basic life support' means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the department pursuant to regulations.
(3) 'Coordinator' means the person coordinating the EMSC Program within the Department of Health and Environmental Control.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Director' means the director of the Department of Health and Environmental Control.
(6) 'EMSC Program' means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children.
(7) 'Emergency medical services personnel' means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.
(8) 'Pre-hospital care' means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
Section 44-61-320. There is established within the Department of Health and Environmental Control, Division of Emergency Medical Services, the Emergency Medical Services for Children Program.
Section 44-61-330. (A) The EMSC Program shall include, but is not limited to, the establishment of:
(1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;
(2) guidelines for referring children to the appropriate emergency treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) pediatric equipment guidelines for emergency departments;
(5) guidelines for pediatric trauma centers;
(6) an interhospital transfer system for critically ill or injured children;
(7) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;
(8) injury prevention programs for parents;
(9) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive.
(B) In gathering statewide pediatric emergency and critical care medical services data, the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to Chapter 115. Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics.
Section 44-61-340. (A) The identities of patients, emergency and critical care medical services personnel, and emergency and critical care medical services facilities mentioned, referenced, or otherwise appearing in information or data collected or prepared by or in connection with the EMSC Program must be treated as strictly confidential. The identities of these persons or entities are not available to the public under the Freedom of Information Act or discoverable or admissible in any administrative, civil, or criminal proceeding. An individual in attendance at any such proceeding may not be required to testify as to the identity of any such person or entity. No person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.
(B) The identity of a patient, physician, or hospital is confidential and may not be released except that the identity of a patient may be released upon informed written consent of the patient or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.
(C) Information must not be released except to:
(1) appropriate staff of the Division of Emergency Medical Services within the Department of Health and Environmental Control, South Carolina Data Oversight Council, and State Budget and Control Board, Office of Research and Statistics;
(2) submitting hospitals or their designees;
(3) a person engaged in an approved research project, except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section.
(D) For purposes of maintaining the data base collected pursuant to this article, the department and the Office of Research and Statistics may both access and provide access to appropriate confidential data reported in accordance with Section 44-6-170.
(E) A person subject to this article who intentionally fails to comply with reporting, confidentiality, or disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a violation the first time a person fails to comply and not more than five thousand dollars for a subsequent violation."
Sections designated as article
SECTION 2. Sections 44-61-10 through 44-61-150 of the 1976 Code are designated as Article 1, Chapter 61, Title 44 entitled 'Emergency Medical Services'.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998.