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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-215 SO AS TO PROVIDE THAT THE IDENTITY OF A PERSON FILING A COMPLAINT WITH THE BOARD OF MEDICAL EXAMINERS AGAINST A PHYSICIAN MUST REMAIN ANONYMOUS UNLESS THE MEDICAL DISCIPLINARY COMMISSION FINDS THAT THE COMPLAINT IS WITHOUT MERIT AND THE PHYSICIAN PETITIONS THE ADMINISTRATIVE LAW COURT FOR DISCLOSURE OF THE COMPLAINANT'S IDENTITY AND THE COURT FINDS PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT WAS MADE MALICIOUSLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:
"Section 40-47-215. (A) Notwithstanding the provisions of this article, or any other provision of law, the identity of a person filing a complaint with the board against a physician must remain anonymous unless the complainant waives his or her right to anonymity. However, if the Medical Disciplinary Commission finds that the complaint is without merit the physician may petition the Administrative Law Court to disclose the identity of the complainant.
(B) If a petition to disclose the identity of a complainant is filed with the Administrative Law Court, the court shall determine if there is probable cause to believe that the complaint was made maliciously. If the court finds probable cause, the court shall disclose the identity of the complainant."
SECTION 2. This act takes effect upon approval by the Governor.
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