reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-20. Definitions.

For purposes of this chapter:
(1) "Caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by Section 44-130-30 on the indications for and administration of an opioid antidote.
(2) "Community distributor" means an organization, either public or private, which provides substance use disorder assistance and services, such as counseling, homeless services, advocacy, harm reduction, alcohol and drug screening, and treatment to individuals at risk of experiencing an opioid-related overdose.
(3) "Department" means the Department of Health and Environmental Control.
(4) "Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or other substance with which a controlled substance was combined and that a layperson would reasonably believe to require medical assistance.
(5) "First responder" means an emergency medical services provider, a law enforcement officer, or a fire department worker directly engaged in examining, treating, or directing persons during an emergency.
(6) "Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose.
(7) "Opioid antidote" means naloxone hydrochloride or other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.
(8) "Pharmacist" means an individual licensed pursuant to Chapter 43, Title 40 to engage in the practice of pharmacy.
(9) "Prescriber" means a physician licensed pursuant to Chapter 47, Title 40, an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter, and a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article.
HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015; 2018 Act No. 169 (H.4600), Section 2, eff May 3, 2018.
Effect of Amendment
2018 Act No. 169, Section 2, inserted (2), relating to the definition of "Community distributor", and redesignated (2) to (8) as (3) to (9).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-30. Prescriber may issue written prescription for opioid antidote; overdose information; standing order for first responder; immunity.

(A) A prescriber acting in good faith and exercising reasonable care as a prescriber may issue a written prescription for an opioid antidote to:
(1) a person who is at risk of experiencing an opioid-related overdose; or
(2) a caregiver for a person who is at risk of experiencing an opioid overdose whom the prescriber has not personally examined.
(B)(1) The prescriber must provide to the person or the caregiver overdose information addressing the following:
(a) opioid overdose prevention and recognition;
(b) opioid antidote dosage and administration;
(c) the importance of calling 911 emergency telephone service for medical assistance with an opioid overdose; and
(d) care for an overdose victim after administration of the opioid antidote.
(2) The prescriber must document in the medical record that the opioid overdose information required by this subsection has been provided to the person or the caregiver.
(C) A prescriber acting in good faith and exercising reasonable care may issue a standing order for a first responder to possess an opioid antidote for administration to a person whom the first responder believes to be experiencing an opioid-related overdose.
(D) A prescriber who issues a written prescription or a standing order for an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.
HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-50. Caregiver may administer opioid antidote; immunity.

(A) A caregiver may in an emergency administer, without fee, an opioid antidote to a person whom the caregiver believes in good faith is experiencing an opioid overdose if the caregiver has received the opioid overdose information provided for in Section 44-130-30.
(B) A caregiver who administers an opioid antidote in accordance with the provisions of this section is not subject to civil or criminal liability.
HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-70. Prescription of opioid antidotes to community distributors.

(A) A prescriber acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antidote to a community distributor for the purpose of distributing the opioid antidote to:
(1) a person at risk of experiencing an opiate-related overdose; or
(2) a caregiver of a person at risk of experiencing an opiate-related overdose.
(B) A pharmacist may dispense an opioid antidote to a community distributor pursuant to a prescription or standing order issued in accordance with this section.
(C)(1) A community distributor acting in good faith may distribute an opioid antidote:
(a) obtained pursuant to a written prescription or standing order issued in accordance with this section; and
(b) pursuant to a written joint protocol issued by the Board of Medical Examiners and the Board of Pharmacy.
(2) Not later than six months after passage of this act, the Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a community distributor to distribute an opioid antidote without a patient-specific written order or prescription to a person at risk of experiencing an opioid-related overdose or to a caregiver of such a person, and without the requirement for a pharmacist to dispense the opioid antidote.
(3) The Board of Medical Examiners and the Board of Pharmacy must appoint an advisory committee to advise and assist in the development of the joint protocol for their consideration. The membership of the committee must include, but not be limited to, a representative of the Department of Health and Environmental Control, a representative of the Department of Alcohol and Other Drug Abuse Services, and health care professionals licensed in the State.
(4) For purposes of this subsection, "caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of the community distributor, may be in a position to assist another individual during an overdose.
(D) A community distributor that distributes an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability.
HISTORY: 2018 Act No. 169 (H.4600), Section 1, eff May 3, 2018.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-75. Opioid antidote distribution.

(A) A hospital, by and through a health care provider employed by the hospital, may distribute an opioid antidote to:
(1) a person at risk of experiencing an opiate-related overdose; or
(2) a caregiver of a person at risk of experiencing an opiate-related overdose.
(B) A hospital that distributes an opioid antidote in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability. A health care provider employed by a hospital that distributes an opioid antidote for the hospital in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability or subject to disciplinary action by the health care provider's licensing board.
HISTORY: 2022 Act No. 211 (S.1011), Section 3.A, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 130 - South Carolina Overdose Prevention Act › Section 44-130-90. Procedures for administration of opioid antidotes by coroners.

(A) A coroner, deputy coroner, or coroner's designee may administer an opioid antidote if the coroner, deputy coroner, or coroner's designee believes in good faith that the person is experiencing an opioid overdose and exercises reasonable care.
(B) The coroner, deputy coroner, or coroner's designee must comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. The department may promulgate regulations to implement this section, including appropriate training for coroners, deputy coroners, or coroners' designees who carry or have access to an opioid antidote.
(C) A coroner, deputy coroner, or coroner's designee who administers an opioid antidote in accordance with the provisions of this section to a person who the coroner, deputy coroner, or coroner's designee believes in good faith is experiencing an opioid overdose is not by an act or omission subject to civil or criminal liability or to professional disciplinary action.
(D)(1) A coroner, deputy coroner, or coroner's designee who administers an opioid antidote as provided in this section shall report to the department's Bureau of Emergency Medical Services information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:
(a) date the opioid antidote was administered; and
(b) name, address, and date of birth of the person to whom the opioid antidote was administered, if available.
(2) A coroner, deputy coroner, or coroner's designee shall submit the information required pursuant to item (1) electronically or by facsimile to the Bureau of Emergency Services within thirty days of administration. The Bureau of Emergency Medical Services shall transmit the information to the department's Bureau of Drug Control.
(3)(a) If a coroner, deputy coroner, or coroner's designee submits the name, address, and date of birth of a person to whom an opioid antidote was administered, Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person. If no history exists, then Drug Control shall confirm that the antidote was administered in response to a verified opioid overdose. If the antidote was administered in error, then Drug Control shall document the error.
(b) Drug Control also shall maintain data on the administering of opioid antidotes by coroners, deputy coroners, or coroners' designees including, but not limited to, the frequency with which coroners, deputy coroners, or coroners' designees administer opioid antidotes by geographic location, coroner, deputy coroner, or coroner's designee, and dispenser.
HISTORY: 2023 Act No. 66 (H.3691), Section 2, eff May 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 132 - Direct Submission Of Claims For Anatomic Pathology Services › Section 44-132-10. Claims for services.

Except as provided in Section 44-132-20, no person licensed to practice in this State as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.
HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 132 - Direct Submission Of Claims For Anatomic Pathology Services › Section 44-132-20. Submission of bills by persons licensed to practice medicine.

A person who is licensed to practice medicine in this State or the professional legal entity of which the person is a shareholder, partner, employee, or owner, may submit a bill for outpatient anatomic pathology services only to:
(1) the patient directly;
(2) the responsible insurer or other third-party payor;
(3) the hospital, public health clinic, or nonprofit health clinic; or
(4) the referral laboratory or the primary laboratory.
HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 132 - Direct Submission Of Claims For Anatomic Pathology Services › Section 44-132-30. Revocation or suspension of license; reimbursement for charges submitted in violation of chapter.

The health professional licensing boards of this State which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under state law, may revoke, suspend, or deny the renewal of the license of any practitioner who violates the provisions of this chapter. In addition, no patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic is required to reimburse these practitioners for charges or bills submitted in violation of this chapter.
HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 132 - Direct Submission Of Claims For Anatomic Pathology Services › Section 44-132-40. Billing between laboratories.

The provisions of this chapter do not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.
HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 132 - Direct Submission Of Claims For Anatomic Pathology Services › Section 44-132-50. Definition.

For purposes of this chapter, the term "anatomic pathology services" means:
(1) histopathology or surgical pathology meaning the gross and microscopic examination of organ tissue performed by a physician or osteopath or under the supervision of a physician or osteopath;
(2) cytopathology meaning the examination of cells, from fluids, washings, brushings, or smears, including the Pap test examination performed by a physician or osteopath or under the supervision of a physician or osteopath;
(3) hematology meaning the microscopic evaluation of bone marrow aspirations and biopsies performed by a physician or osteopath, or under the supervision of a physician or osteopath, and peripheral blood smears when the attending or treating physician or osteopath, or technologist requests that a blood smear be reviewed by a pathologist;
(4) sub-cellular pathology and molecular pathology; and
(5) blood-banking services performed by pathologists. This chapter does not apply to any clinical laboratory service that is not included in the definition of anatomic pathology as set forth in this section. Nothing contained in this chapter may be construed to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services. Nothing in this chapter may be construed to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter.
HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-10. Citation of act.

This act may be cited as the "Asbestos and Silica Claims Procedure Act of 2006".
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-20. Findings.

(A) The General Assembly finds that:
(1) asbestos is a mineral that was widely used prior to the 1980's for insulation, fire-proofing, and other purposes;
(2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards such as those that operated in the South Carolina Lowcountry, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970's;
(3) exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;
(4) diseases caused by asbestos exposure often have long latency periods;
(5) while the cases currently filed in South Carolina are manageable by the courts and the litigants, it is proper for the legislature to support and protect the South Carolina courts from the potential of massive litigation expense and the crowding of trial dockets;
(6) silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks;
(7) silica-related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago;
(8) concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; and
(9) several states, including Texas, Georgia, Ohio, and Florida have enacted legislation setting medical criteria governing asbestos and silica cases and tolling statutes of limitations and requiring persons alleging nonmalignant disease claims to demonstrate physical impairment as a prerequisite to setting such cases for trial.
(B) The purpose of this chapter is to:
(1) provide a procedural remedy allowing efficient judicial supervision and control of asbestos and silica litigation by giving priority for the purposes of trial and resolution to asbestos and silica claimants with demonstrable physical impairment caused by exposure to asbestos or silica; and
(2) preserve the legal rights of claimants who were exposed to asbestos or silica, but have no physical impairment from asbestos or silica exposure, until such time as the claimant can demonstrate physical impairment.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-40. Pulmonary function testing; qualifications of evaluating physician.

Pulmonary function testing required by this chapter must be interpreted by a physician who is:
(1) licensed in this State or another state of the United States; and
(2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-70. Service of reports on defendants.

(A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act.
(B) In an action pending on the date this chapter becomes law, the case shall not be allowed to be called for or proceed to trial until ninety days after a report has been served on each defendant.
(C) This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in South Carolina shall manage trial settings for all asbestos- and/or silica-related claims.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-80. Procedure where claimant fails to provide prima facie evidence with complaint; expedited trial date for claimant with diagnosis of mesothelioma.

(A) In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or provides inadequate prima facie evidence, the defendant may, without waiving any defenses otherwise available to him, file within the time allotted for his Answer, a Notice of Appearance rather than an Answer to the Complaint. The claimant shall, within ninety days of receipt of such Answer or Notice of Appearance, provide such prima facie evidence as is called for by the provisions of this act. The defendant in any case shall then be afforded a reasonable opportunity to challenge the adequacy of the proffered prima facie evidence of asbestos-related or silica-related impairment as referenced in this section and Section 44-135-70(B). Upon a finding of failure to make the required prima facie showing, the claimant's action shall not be placed on any trial docket nor be the subject of any discovery other than discovery on the issue of prima facie evidence of impairment. Upon the finding of the required prima facie showing, no defendant shall be allowed to challenge such prima facie showing absent a showing of misrepresentation, fraud, and/or good cause.
(B) In any action covered by the provisions of this act in which the exposed person has received a diagnosis of mesothelioma which meets the requirements of Section 44-135-50(A)(1), the claimant may petition the court requesting that a trial date be set on an expedited basis. The court may, in its discretion, provide for an expedited trial setting, if the claimant demonstrates good cause for such an expedited trial setting and the defendant(s) is/are not prejudiced by such an expedited trial setting. In no event shall a trial date be set less than one hundred twenty days from the date of an order granting such a motion and in no event shall a case be called for trial unless six months have passed between the date of the initial filing of the case and the date of trial.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-90. Effect of bankruptcy.

Nothing in this act is intended to, and nothing in this act shall be interpreted to:
(1) affect the rights of any party in bankruptcy proceedings; or
(2) affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established under a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-100. Effect of meeting procedural requirements of act on insurance eligibility or cost.

An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 135 - The Asbestos And Silica Claims Procedure Act Of 2006 › Section 44-135-110. Commencement of limitations period; separation of malignant and nonmalignant claims.

(A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or claimant is physically impaired as set forth in this chapter by an asbestos- or silica-related condition.
(B) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Section 44-135-50 or 44-135-60.
HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-20. Availability to eligible patients of investigational drug, biological product, or device; compensation; costs.

(A) A manufacturer of an investigational drug, biological product, or device may make available to an eligible patient, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device. Nothing in this article shall be construed to require a manufacturer of an investigational drug, biological product, or device to make such investigational drug, biological product, or device available to an eligible patient.
(B) A manufacturer of an investigational drug, biological product, or device may provide the investigational drug, biological product, or device to an eligible patient without receiving compensation or may require the eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-30. No liability to heirs for outstanding debt related to treatment with investigational drug, biological product, or device.

If an eligible patient dies while being treated with an investigational drug, biological product, or device, the eligible patient's heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage for the treatment.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-40. Sanctions against health care providers prohibited.

(A) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a health care provider licensed in this State, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.
(B) An entity responsible for Medicare certification shall not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-50. Blocking access prohibited.

No official, employee, or agent of this State shall block or attempt to block an eligible patient's lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-60. No private right of action against manufacturer of investigational drug, biological product, or device.

No private right of action may be brought against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device, for any harm caused to the eligible patient resulting from the use of the investigational drug, biological product, or device as long as the manufacturer or other person or entity has made a good-faith effort to comply with the provisions of this chapter and has exercised reasonable care in actions undertaken pursuant to this chapter.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 137 - The Right To Try Act › Section 44-137-70. Insurance coverage; costs; services.

(A) This chapter does not expand coverage an insurer must provide pursuant to Title 38.
(B) This chapter does not require:
(1) a governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device; or
(2) a hospital or other health care facility licensed pursuant to Chapter 7, Title 44 to provide new or additional services, unless approved or required by the hospital or facility.
(C) A health plan, third party administrator, or governmental agency is not required to, but may, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this chapter.
HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-10. Legislative findings; public policy; purpose.

(A) The General Assembly finds that the right of conscience is a fundamental and unalienable right. It was central to the founding of the United States, has been deeply rooted in our Nation's history and tradition for centuries, and has been central to the practice of medicine, through the Hippocratic Oath, for millennia.
(B) Despite its preeminent importance, however, threats to the right of conscience of medical practitioners, health care institutions, and health care payers have become increasingly more common and severe in recent years. The swift pace of scientific advancement and the expansion of medical capabilities, along with the mistaken notion that medical practitioners, health care institutions, and health care payers are mere public utilities, promise only to make the current crisis worse, unless something is done to restore conscience to its rightful place.
(C) With this purpose in mind, the General Assembly declares that it is the public policy of the State of South Carolina to protect the right of conscience for medical practitioners, health care institutions, and health care payers.
(D) As the right of conscience is fundamental, no medical practitioner, health care institutions, and health care payers should be compelled to participate in or pay for any medical procedure or prescribe or pay for any medication to which the practitioner or entity objects on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles.
(E) It is the purpose of this chapter to protect medical practitioners, health care institutions, and health care payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-30. Right of conscience; no liability for exercising right; limitations; referrals.

(A) A medical practitioner, health care institutions, and health care payers have the right not to participate in or pay for any health care service which violates the practitioner's or entity's conscience.
(B) No medical practitioner, health care institutions, and health care payers may be civilly, criminally, or administratively liable for exercising the practitioner's or entity's right of conscience with respect to a health care service. No health care institution may be civilly, criminally, or administratively liable for any claims related to or arising out of the exercise of conscience rights protected by this chapter by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution.
(C) No medical practitioner, health care institutions, and health care payers may be discriminated against in any manner as a primary result of the practitioner's or entity's decision to decline to participate in a health care service on the basis of conscience.
(D) Notwithstanding any other provision of this chapter to the contrary, a religious medical practitioner, health care institutions, and health care payers that hold themselves out to the public as religious, state in their governing documents that they have a religious purpose or mission, and have internal operating policies or procedures that implement their religious beliefs, have the right to make employment, staffing, contracting, and admitting privilege decisions consistent with their religious beliefs.
(E) Nothing in this chapter may be construed to override either the requirement to provide emergency medical treatment to all patients as set forth in 42 U.S.C. Section 1395dd or any other federal law or regulation.
(F) Exercise of the right of conscience is limited to conscience-based objections to a particular health care service. This section may not be construed to waive or modify any duty a health care practitioner, health care institutions, and health care payers may have to provide other medical services that do not violate the practitioner's, institution's, or payer's conscience.
(G) A medical practitioner exercising his right of conscience to abstain from providing certain health care services pursuant to this chapter may, at his sole discretion and if requested by the patient or legal representative of the patient:
(1) refer the patient to;
(2) transfer the patient to; or
(3) provide information to the patient about other medical practitioners or health care institutions who they reasonably believe may offer the health care service that the medical practitioner or health care institution does not to permit, perform, or participate in because of a conscience-based objection to a health care service.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-40. Discrimination prohibited; disclosure of objections; construction of chapter.

(A) No medical practitioner may be discriminated against in any manner because the medical practitioner:
(1) provided, caused to be provided, or is about to provide or cause to be provided to the practitioner's employer, the Attorney General of South Carolina, the Department of Health and Environmental Control, the South Carolina Board of Medical Examiners, any state agency charged with protecting health care rights of conscience, the U.S. Department of Health and Human Services Office of Civil Rights, or any other federal agency charged with protecting health care rights of conscience information relating to any violation of, or any act or omission the medical practitioner reasonably believes to be a violation of, any provision of this chapter;
(2) testified or is about to testify in a proceeding concerning such violation;
(3) assisted or participated, or is about to assist or participate, in such a proceeding; or
(4) refused to participate in an abortion.
(B) Unless the disclosure is specifically prohibited by law, no medical practitioner may be discriminated against in any manner because the medical practitioner disclosed any information that the medical practitioner reasonably believes evinces:
(1) any violation of any law, rule, or regulation;
(2) any violation of any standard of care or other ethical guidelines for the provision of any health care service; or
(3) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(C) A medical practitioner shall disclose his objection to a health care service to his employer and the entity where the health care service is to be performed within a reasonable amount of time from when he knew or should have known that such a service may be performed. A health care institution or employer shall make every reasonable effort to properly document the objection status of a disclosing practitioner.
(D) No provision of this chapter shall be construed as to limit an employer's or contractee's authority to make employment, staffing, contracting, disciplinary, credentialing, privileging, or other related decisions for reasons that are not directly related to individual expressions of conscience that are expressly protected by this chapter.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-50. Filing complaints for alleged violations of this chapter; investigation; remedies.

(A) A medical practitioner or health care institution may, pursuant to Section 1-13-90, file a complaint with the State Human Affairs Commission for any alleged violation of any provision of this chapter.
(B) The State Human Affairs Commission must investigate reports of alleged violations of this chapter. If the State Human Affairs Commission finds that a respondent has engaged in an unlawful discriminatory practice pursuant to this chapter, the State Human Affairs Commission will assist respondent with appropriate corrective action. If, despite assistance, corrective action is not satisfactory, the State Human Affairs Commission shall consult other public officers as the commission deems proper regarding options to overcome the effects of such violations. At a minimum, the State Human Affairs Commission must provide a copy of its report to:
(1) the Director of the Department of Health and Environmental Control, if the respondent is a health care facility;
(2) the Director of the Department of Labor, Licensing and Regulation, if the respondent is a medical practitioner.
(C) If the State Human Affairs Commission does not remedy a complaint, then a health care practitioner, health care institution, or health care payer may file suit for injunctive relief, damages, and reasonable attorney's fees in a court of competent jurisdiction. If the notice provisions of Section 44-139-90 are violated, then the patient may file suit for injunctive relief, damages, and reasonable attorney's fees in a court of competent jurisdiction.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-60. Preemption.

The licensing and regulation of medical practitioners and the provision of health care services, as defined in Section 44-139-20, is expressly preempted by the State. A county, municipality, or other political subdivision may not adopt or enforce an ordinance, resolution, rule, or policy that restricts, limits, controls, directs, or otherwise interferes with the type and scope of health care services provided by a medical practitioner or the professional conduct and judgment of a medical practitioner when providing health care services.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-70. Consent of health care practitioner to perform, facilitate, or participate in an abortion.

A health care practitioner may not be scheduled for or assigned to directly or indirectly perform, facilitate, or participate in an abortion unless the practitioner first affirmatively consents in writing to perform, facilitate, or participate in the abortion.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-80. Refusal to provide health care services based on race prohibited.

A medical practitioner may not refuse to provide any health care service to a person based on his race.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 139 - Medical Ethics And Diversity Act › Section 44-139-90. Documentation and notice requirements.

The contract, policy, or other documentation executed between a health care payer and a person that requires the health care payer to pay for or arranges for the payment of any health care services provided to the person must contain a statement in bold type face providing the person with notice that some health care services may not be provided by the health care payer because the provision of those services violates the health care payer's conscience as defined in Section 44-139-20(1). The notice must further provide that a list of the health care services that the health care payer will not pay for or arrange payment for may be found on the health care payer's website or otherwise be made available to the person upon request.
HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 1 - General Provisions › Section 45-1-10. Hotels required to post rates.

Every transient hotel shall keep posted in a conspicuous place in the office a list of its charges for rooms, with or without meals, in accordance with the plan on which the hotel is operated, giving the exact transient rate, and shall also keep posted in each room the rate for that room, with or without meals, in accordance with its plan as stated above, giving the transient rate per day and week and the rate for each person in the room, as well as such rates for the fractional part of a day. No hotel shall charge a higher rate for a fractional part of a day than for a whole day. As used in this section the term "hotel" shall have the meaning stated in Section 45-5-10.
HISTORY: 1962 Code Section 35-1; 1952 Code Section 35-1; 1942 Code Section 5098; 1932 Code Section 5098; Civ. C. '22 Section 2367; 1920 (31) 860.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 1 - General Provisions › Section 45-1-20. Rights and remedies of innkeepers extended to keepers of boardinghouses.

Keepers of boardinghouses shall have the same rights and remedies for enforcing and collecting claims for board as are allowed by law to innkeepers or hotelkeepers.
HISTORY: 1962 Code Section 35-2; 1952 Code Section 35-2; 1942 Code Section 7223; 1932 Code Section 7223; Civ. C. '22 Section 3936; Civ. C. '12 Section 2617; 1902 (23) 1021; 1908 (25) 1085.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 1 - General Provisions › Section 45-1-30. Sale of baggage or property left at hotel, inn, or boardinghouse at auction to satisfy debt or obligation.

At any time after the expiration of ten days after the person incurring a debt or obligation has left a hotel, inn or boardinghouse, the debt or obligation being still due and unpaid, the owner or proprietor of the hotel, inn or boardinghouse may sell at public auction for cash at the hotel, inn or boardinghouse office any baggage or property left at the hotel, inn or boardinghouse to satisfy the debt or obligation, without any process at law or equity; provided, however, such sale be advertised by written or printed posters at three public places in the vicinity for at least ten days before the sale.
HISTORY: 1962 Code Section 35-3; 1952 Code Section 35-3; 1942 Code Section 7223; 1932 Code Section 7223; Civ. C. '22 Section 3936; Civ. C. '12 Section 2617; 1902 (23) 1021; 1908 (25) 1085.
2023 South Carolina Code of Laws › Title 45 - Hotels, Motels, Restaurants and Boardinghouses › Chapter 1 - General Provisions › Section 45-1-40. Innkeeper's liability for loss of baggage, money, jewels, and other personal property.

"Innkeeper" as used in this section shall mean the proprietor of any hotel, inn, boardinghouse, motor court, or motel where beds or lodging are for hire. Whenever an innkeeper shall post and keep posted in a conspicuous manner in the room occupied by any guest a notice requiring such guest to bolt the door of his room, or on leaving his room to lock the door and leave the keys at the office, and also to deposit such money and jewels as are not ordinarily carried upon the person in the office safe, and the guest shall neglect to comply with the requirements of such notice, the innkeeper shall not be liable for the loss of any baggage of such guest which may be lost or stolen from his room or for the loss of any money or jewels not deposited in the safe. Provided, however, that notwithstanding the provisions of this section any innkeeper who by his own negligence contributes to the loss or damage to baggage or personal property, other than money or jewelry, from guest rooms, or to the loss or damage to money or jewelry from his safe, may be liable to the guest for the actual value of such baggage or personal property or five hundred dollars, whichever is less, or the actual value of such money or jewelry or two thousand dollars, whichever is less. Provided, however, that, notwithstanding the provisions of this section, any innkeeper who by his own wilfulness contributes to the loss or damage to the personal property of a guest shall not have his liability limited in any manner by the provisions of this section.
HISTORY: 1962 Code Section 35-4; 1952 Code Section 35-4; 1942 Code Section 7222; 1932 Code Section 7222; Civ. C. '22 Section 3935; Civ. C. '12 Section 2616; Civ. C. '02 Section 1741; 1888 (20) 9; 1963 (53) 278.