1 COMMITTEE AMENDMENT ADOPTED
2 May 26, 2005
4 H. 3832
6 Introduced by Reps. J.E. Smith, Cotty, Scott, Haskins, Cato,
7 Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland,
8 J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler,
9 Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard,
10 Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin,
11 McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson,
12 Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and
15 S. Printed 5/26/05--S.
16 Read the first time April 28, 2005.
9 A BILL
11 TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT
12 SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE
13 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO
14 REQUIRE ALL HOSPITAL CLINICAL STAFF AND
15 TRAINEES TO WEAR BADGES CONTAINING CERTAIN
16 IDENTIFYING INFORMATION, TO REQUIRE CERTAIN
17 INFORMATION TO BE PROVIDED BY HOSPITALS TO
18 PATIENTS PRIOR TO OR ON ADMISSION CONCERNING
19 THE PATIENT‟S HOSPITAL CARE, INCLUDING, AMONG
20 OTHER THINGS, THE GENERAL ROLE OF MEDICAL
21 STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN
22 PATIENT CARE, THAT THE PATIENT‟S ATTENDING
23 PHYSICIAN IS THE DOCTOR IN CHARGE OF THE
24 PATIENT‟S CARE, THAT THE PATIENT‟S ATTENDING
25 PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT
26 PHYSICIAN OR MEDICAL STUDENTS MAY BE
27 PARTICIPATING IN THE PATIENT‟S CARE, INCLUDING
28 SURGERY, REQUIRING NURSES TO PLACE A CALL FOR
29 OR TO ASSIST A PATIENT IN CALLING THEIR
30 ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO
31 PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL
32 TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE
33 FOR RESOLUTION OF URGENT PATIENT CARE
34 CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES
35 NOT CREATE A CIVIL CAUSE OF ACTION.
36 Amend Title To Conform
38 Be it enacted by the General Assembly of the State of South
41 SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by
1 “Article 27
3 Hospital Patient Safety Act
5 Section 44-7-3410. This article may be cited as the „Lewis
6 Blackman Hospital Patient Safety Act‟.
8 Section 44-7-3420. For purposes of this article:
9 (1) „Clinical staff‟ means persons who work in a hospital
10 whose duties include the personal care or medical treatment of
11 patients. „Clinical staff‟ includes, but is not limited to, credentialed
12 physicians, physicians‟ assistants, nurses, nursing aides, medical
13 technicians, therapists, and other individuals involved in the
14 personal care or medical treatment of patients.
15 (2) „Clinical trainees‟ means persons who are receiving
16 healthcare professional training in a hospital, either paid or unpaid,
17 students or licensed professionals, whose training includes the
18 personal care or medical treatment of patients. „Clinical trainees‟
19 includes, but is not limited to, resident physicians, medical
20 students, nursing students, and other students and individuals in
21 healthcare professional training in a hospital.
22 (3) „Credentialed caregiver‟ means a nurse practitioner or
23 physician‟s assistant who is licensed to care for patients within his
24 or her scope of practice.
25 (4) „Credentialed physician‟ means a licensed physician who
26 has completed his or her postgraduate medical training who has
27 medical staff privileges at a hospital.
28 (5) „Attending physician‟ means a licensed physician who has
29 completed his or her postgraduate medical training and who has
30 medical staff privileges at a hospital and who has primary
31 responsibility for a patient‟s care while the patient is in the
33 (6) „Designee‟ means a credentialed physician or a credentialed
34 caregiver whom a patient‟s attending physician has designated to
35 care for the patient in the absence of the attending physician.
36 (7) „Medical student‟ means an individual enrolled in a
37 program culminating in a degree in medicine.
38 (8) „Patient‟ means an individual who is being treated by a
39 physician in a hospital and includes a patient‟s representative or an
40 individual allowed by law to make health care decisions for a
41 patient who is a minor or who is unable to consent to health care
42 treatment for himself or herself, or both.
1 (9) „Resident physician‟ means an individual who is
2 participating in any graduate medical education program and
3 whose relationship to the patient is under the auspices of the
4 medical education program.
5 (10) „Intern‟ means an individual who is an advanced student or
6 graduate in medicine gaining supervised practical experience.
8 Section 44-7-3430. All clinical staff, clinical trainees, medical
9 students, interns, and resident physicians of a hospital shall wear
10 badges clearly stating their names, their departments, and their job
11 or trainee titles. All clinical trainees, medical students, interns, and
12 resident physicians must be explicitly identified as such on their
13 badges. This information must be clearly visible and must be
14 stated in terms or abbreviations reasonably understandable to the
15 average person, as recognized by the Department of Health and
16 Environmental Control.
18 Section 44-7-3440. Except in emergency admissions, a hospital
19 shall provide to each patient prior to, or at the time of the patient‟s
20 admission to the hospital for inpatient care or outpatient surgery,
21 written information describing the general role of clinical trainees,
22 medical students, interns, and resident physicians in patient care.
23 The written information must also notify the patient that the
24 attending physician is the person responsible for the patient‟s care
25 while the patient is in the hospital and that the patient‟s attending
26 physician may change during the patient‟s hospitalization
27 depending on the type of care or services required for the patient.
28 The written information must also contain the information
29 described in Section 44-7-3450. The written material must also
30 state generally whether medical students, interns, or resident
31 physicians may be participating in a patient‟s care, may be making
32 treatment decisions for the patient, or may be participating in or
33 performing, in whole or in part, any surgery on the patient. This
34 document must be separate from the general consent for treatment.
36 Section 44-7-3450. (A) If at any time a patient requests that a
37 nurse call his or her attending physician regarding the patient‟s
38 personal medical care, the nurse shall place a call to the attending
39 physician or his or her designee to inform him or her of the
40 patient‟s concern. If the patient is able to communicate with and
41 desires to call his or her attending physician or designee, upon the
42 patient‟s request, the nurse must provide the patient with the
43 telephone number and assist the patient in placing the call. A
1 nurse or other clinical staff to whom such a request is made or who
2 receives multiple requests may notify his or her immediate
3 supervisor for assistance.
4 (B) Each hospital must provide a mechanism, available at all
5 times, through which a patient may access prompt assistance for
6 the resolution of the patient‟s personal medical care concerns.
7 For purposes of this section, „mechanism‟ means a telephone
8 number, beeper number, or other means of allowing a patient to
9 independently access the patient assistance system and must not be
10 construed as requiring a patient to request information or
11 assistance in order to access the system; however, a clinical staff
12 member or clinical trainee must promptly access the system on
13 behalf of a patient if a patient requests such assistance. A
14 description of this mechanism and the method for accessing it must
15 be included in the written material described in Section 44-7-3440.
16 (C) The hospital must establish procedures for the
17 implementation of the mechanism, providing for initiation of
18 contact with administrative or supervisory clinical staff who shall
19 promptly assess, or cause to be assessed, the urgent patient care
20 concern and cause the patient care concern to be addressed.
22 Section 44-7-3455. The provisions of this article do not apply to
23 hospitals owned or operated by the Department of Mental Health.
25 Section 44-7-3460. The Department of Health and
26 Environmental Control shall administer and enforce the provisions
27 of this article in accordance with procedures and penalties
28 provided in law and regulation.
30 Section 44-7-3470. This article does not create a civil cause of
31 action; however, this article must not be construed to preclude a
32 claim that may have otherwise been asserted under common law or
33 any other provision of law.”
35 SECTION 2. This act takes effect upon approval by the Governor.