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Current Status Bill Number:View additional legislative information at the LPITS web site.618 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990318 Primary Sponsor:Moore All Sponsors:Moore and Waldrep Drafted Document Number:l:\s-res\tlm\019ombu.jjj.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19990422 Subject:Inmate Health Care Ombudsman provided, Medical, Prisons and Prisoners, Corrections Department History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990427 Introduced, read first time, 25 HJ referred to Committee Senate 19990427 Read third time, sent to House Senate 19990422 Read second time Senate 19990422 Committee amendment adopted Senate 19990420 Committee report: Favorable with 03 SCP amendment Senate 19990318 Introduced, read first time, 03 SCP referred to Committee Versions of This Bill Revised on April 20, 1999 - Word format Revised on April 22, 1999 - Word format
COMMITTEE AMENDMENT ADOPTED
April 22, 1999
S. 618
S. Printed 4/22/99--S.
Read the first time March 18, 1999.
TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-2-100. (A) For purposes of this chapter `facility' means any institution or facility of the South Carolina Department of Corrections and the forensic unit at the South Carolina Department of Mental Health.
(B) `Ombudsman' means the Inmate Health Care Ombudsman who is appointed by the Governor, upon advice and consent of the Senate, who works out of the Office of the Governor, and who is required to investigate allegations or reports of a lack of medical services for inmates in state facilities.
(C) `General hospital or general clinic' means a location providing medical services outside of a facility.
(D) `Department' means the South Carolina Department of Corrections.
Section 24-2-110. (A) The Inmate Health Care Ombudsman is required to investigate any problem or complaint relative to health care or mental health care on behalf of any interested party or any inmate of any facility. In carrying out the investigation, the ombudsman may request and shall receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include, but are not limited to, medical records of a facility hospital or facility clinic or any general hospital or clinic in which an inmate has been treated during the period under investigation. The department, facility hospitals or facility clinics, and general hospitals or general clinics must release the inmate's medical records to the ombudsman upon the ombudsman's written request without the necessity of inmate authorization. The ombudsman shall also have access to any and all records of an inmate, including, but not limited to, records of conviction, probation eligibility, parole eligibility, discipline, grievance, and administrative or classification records. The ombudsman shall not have access to any records pertaining to a crime victim or witness. Any files maintained by the ombudsman shall be disclosed in the ombudsman's report, at the discretion of the ombudsman, except that the identity, disease, or illness of any inmate of any facility shall not be disclosed by such ombudsman unless:
(1) the inmate, or his or her legal representative, consents in writing to disclosure; or disclosure is required by court order.
(B) Following the investigation the ombudsman may issue his or her report and recommendations as, in his or her opinion, will assist in improving the provision of medical care and health services in the facility under investigation.
(C) The ombudsman may meet with any inmate within the department and endeavor to assist any inmate alleging insufficiency or improper provision of health care or mental health care services by the department. The ombudsman shall have access to all correctional institutions of the department, at any time, and without prior notice, unless the safety of the ombudsman would be endangered due to an institutional emergency.
(D) The ombudsman must complete an initial evaluation of the complaint or allegation within ten working days after the receipt of the allegation or complaint from an inmate. The final report on the finding of the investigation of the allegation must be completed within thirty days of the receipt of the allegation.
Section 24-2-120. All departments, officers, and employees of the State shall cooperate with the ombudsman in carrying out his or her duties pursuant to this chapter.
Section 24-2-130. Any person, including, but not limited to, prison guards, correctional officers, doctors, internists, nurses, nurses aides, or orderlies, required or permitted to report pursuant to this chapter or who participate in judicial proceedings resulting therefrom, and acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings, good faith shall be rebuttably presumed.
Section 24-2-140. This chapter does not apply to a prison, jail, or detention center operated by a county or municipality.
Section 24-2-150. (A) The Inmate Health Care Ombudsman is authorized to receive and investigate reports of refusal to provide health care services or improper provision of health care services in state facilities.
(B) The ombudsman is authorized to receive and investigate reports or allegations of inadequate or improper health care services occurring in state facilities to determine whether the report or allegation is unfounded. A finding of a lack of health care services or improper provision of medical services must be supported by a preponderance of the evidence available to the ombudsman. The determination by an ombudsman that insufficient or improper health care services exist in a state facility may be appealed by the Department of Corrections to the Administrative Law Judge Division.
(C) The ombudsman shall promulgate regulations consistent with this chapter and these regulations shall cover, at a minimum, investigation of reports, notice to the facilities and sponsoring agencies or departments, and remedial action.
(D) The ombudsman is authorized to require the State Law Enforcement Division to receive and investigate reports or allegations of a lack of inmate health care alleged to have occurred in any facility, entity, or prison operated by the Department of Corrections. The State Law Enforcement Division may promulgate regulations consistent with this chapter to investigate an ombudsman's report and to take remedial action, if necessary.
(E) The ombudsman may initiate proceedings in the circuit court to enjoin the operations of a facility in order to force immediate injunctive relief or corrective action to remedy insufficient or improper inmate health care.
(F) Notwithstanding the provisions of subsection (A) or any other provision of this chapter, the ombudsman may not investigate an allegation of the insufficient or improper provision of inmate health care when the inmate is in the custody of a private, county or municipal correctional facility, correctional institution, jail, prison, or detention center operated exclusively by a county, municipality, or a joint county-municipal detention center venture. Any allegations of lack of health care services in other than state facilities must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43 and Chapter 38, Title 43."
SECTION 2. This act takes effect upon approval by the Governor.
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