Reference is to printer's date 1/17/13-h
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 66, Title 44 of the 1976 Code is amended by adding:
"Section 44-66-75.
(A) A health care provider or the
provider's agent shall provide on the patient information form
an opportunity for the patient to designate a family member or
other individual designated by the patient as a person with whom
the provider may discuss the patient's medical condition and
treatment plan.
(B) The authorization provided for in
subsection (A):
(1)
satisfies the requirements of Title 42 of the Code of
Federal Regulations, relating to public health, and the privacy
rule of the Health Insurance Portability and Accountability Act
of 1996 (HIPAA);
(2)
must present the question, 'Do you want to designate a
family member or other individual with whom the provider may
discuss your medical condition and treatment?';
(3)
must specify that the patient may revoke or modify an
authorization with regard to a family member or other individual
designated by the patient in the authorization and that the
revocation or modification must be in writing.
(C) A health care
provider may disclose information pursuant to an authorization
unless the provider has actual knowledge that the authorization
has been revoked or modified.
(D) A health care
provider who in good faith discloses information in accordance
with an authorization signed by a patient pursuant to this
section is not subject to civil liability, criminal liability,
or disciplinary sanctions because of this disclosure.
(E) Nothing in this
section may be construed to:
(1)
require a health care provider to disclose information
that he otherwise may withhold or limit;
(2)
limit or prevent a provider from disclosing information
without written authorization from the patient if this
disclosure is otherwise lawful or permissible;
(3)
prohibit a provider from receiving and using information
relevant to the safe and effective treatment of the patient from
family members; and
(4)
conflict with an individual's health care power of
attorney as provided for in Section 62-5-504.
(F) Notwithstanding
another provision of this chapter, this section does not apply
to nursing homes, as defined in Section 44-7-130 or to a
dentist, dental hygienist, or dental technician licensed in
Chapter 15, Title 40."
SECTION 2. Section 44-66-20 of the 1976 Code, as last amended by Act 351 of 2002, is further amended to read:
"Section 44-66-20.
As used in this chapter:
(1) 'Health care' means
a procedure to diagnose or treat a human disease, ailment,
defect, abnormality, or complaint, whether of physical or mental
origin. It Health care also includes
the provision of intermediate or skilled nursing care; services
for the rehabilitation of injured, disabled, or sick persons;
and the placement in or removal from a facility that provides
these forms of care.
(2) 'Health care
provider' or 'provider' means a person, health care facility,
organization, or corporation licensed, certified, or otherwise
authorized or permitted by the laws of this State to administer
health care.
(3) 'Health care
professional' means an individual who is licensed, certified, or
otherwise authorized by the laws of this State to provide health
care to members of the public.
(4) 'Patient' means
an individual sixteen years of age or older who presents or is
presented to a health care provider for treatment.
(5) 'Person'
includes, but is not limited to, an individual, a state agency,
or a representative of a state agency.
(56)
'Physician' means an individual who is licensed to
practice medicine or osteopathy under
pursuant to Chapter 47, of Title
40.
(7)
'Treatment' means the broad range of emergency,
outpatient, intermediate, and inpatient services and care that
may be extended to a patient to diagnose and treat a human
disease, aliment, defect, abnormality, or complaint, whether of
physical or mental origin. Treatment includes, but is not
limited to, psychiatric, psychological, substance abuse, and
counseling services.
(68)
'Unable to consent' means unable to appreciate the
nature and implications of the patient's condition and proposed
health care, to make a reasoned decision concerning the proposed
health care, or to communicate that decision in an unambiguous
manner. This definition term does not
include apply to minors, and this
chapter does not affect the delivery of health care to minors
unless they are married or have been determined judicially to be
emancipated. A patient's inability to consent must be certified
by two licensed physicians, each of whom has examined the
patient. However, in an emergency the patient's inability to
consent may be certified by a health care professional
responsible for the care of the patient if the health care
professional states in writing in the patient's record that the
delay occasioned by obtaining certification from two licensed
physicians would be detrimental to the patient's health. A
certifying physician or other health care professional shall
give an opinion regarding the cause and nature of the inability
to consent, its extent, and its probable duration. If a patient
unable to consent is being admitted to hospice care pursuant to
a physician certification of a terminal illness required by
Medicare, that certification meets the certification
requirements of this item."
SECTION 3. This act takes effect January 1, 2014 /.
Renumber sections to conform.
Amend title to conform.