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388Ratification Number: 115Act Number: 69Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990121Primary Sponsor: MartinAll Sponsors: MartinDrafted Document Number: l:\s-res\lam\008guns.whb.docDate Bill Passed both Bodies: 19990528Date of Last Amendment: 19990304Governor's Action: SDate of Governor's Action: 19990611Subject: Medical or emergency personnel of hospital, etc. treating gunshot wound victim to report to sheriff, Law EnforcementHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A69 ------ 19990611 Signed by Governor ------ 19990609 Ratified R115 House 19990528 Read third time, enrolled for ratification House 19990527 Read second time, unanimous consent for third reading on the next Legislative day House 19990526 Committee report: Favorable 25 HJ House 19990311 Introduced, read first time, 25 HJ referred to Committee Senate 19990310 Read third time, sent to House Senate 19990304 Amended, read second time Senate 19990304 Committee amendment adopted Senate 19990303 Committee report: Favorable with 11 SJ amendment Senate 19990121 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on March 3, 1999 - Word format Revised on March 4, 1999 - Word format Revised on May 26, 1999 - Word format
(A69, R115, S388)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072 SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF THE GUNSHOT WOUND TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED, TO PROVIDE AN EXCEPTION, TO PROVIDE REPORTING PROCEDURES AND CIVIL AND CRIMINAL IMMUNITY FOR GOOD FAITH REPORTING, TO PROVIDE THAT THE CONFIDENTIALITY AND THE PHYSICIAN PATIENT PRIVILEGE IS ABROGATED IN SUCH CASES, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Reporting of medical treatment for gunshot wounds; immunity; physician-patient privilege abrogated; penalties
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1072. (A) Any physician, nurse, or any other medical or emergency medical services personnel of a hospital, clinic, or other health care facility or provider who knowingly treats any person suffering from a gunshot wound or who receives a request for such treatment shall report within a reasonable time the existence of the gunshot wound to the sheriff's department of the county in which the treatment is administered or a request is received. However, no report is necessary if a law enforcement officer is present with the victim while treatment is being administered.
(B) The reports provided for in subsection (A) may be made orally, or otherwise. A hospital, clinic, or other health care facility or provider may designate an individual to make the reports provided for in this section. However, a report must be made as soon as possible, but no later than the time of the victim's release from that facility.
(C) A person required to make a report pursuant to this section or who participates in judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil and criminal proceedings, good faith is rebuttably presumed.
(D) For purposes of this section, the confidential or privileged nature of communication between physician and patient and any other professional person and his patient or client is abrogated and does not constitute grounds for failure to report or the exclusion of evidence resulting from a report made pursuant to this section.
(E) A person required to report the existence of a gunshot wound who knowingly fails to do so is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars."
SECTION 2. This act takes effect ninety days after approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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