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Bill Number: 18 Ratification Number: 207 Act Number 149 Introducing Body: Senate Subject: Recovery against a charitable organization
(A149, R207, S18)
AN ACT TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY AGAINST A CHARITABLE ORGANIZATION, SO AS TO PROVIDE THAT A HEALTH CARE PROVIDER WHO AGREES TO PROVIDE MEDICAL SERVICE VOLUNTARILY AND WITHOUT COMPENSATION TO ANY PERSON AT A HOSPITAL, PUBLIC SCHOOL, NONPROFIT ORGANIZATION, OR AGENCY OF THE STATE IS NOT LIABLE FOR CIVIL DAMAGES EXCEPT FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
Health care providers liability for service
SECTION 1. Section 33-55-210 of the 1976 Code is amended to read:
"Section 33-55-210. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgment in an action under Sections 33-55-210 through 33-55-230 constitutes a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. The plaintiff, when bringing an action under the provisions of Sections 33-55-210 through 33-55-230, may name as a party defendant only the charitable organization for which the employee was acting and may not name the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. If the employee is
individually named under the conditions permitted above, the entity for which the employee was acting must be substituted as the party defendant when it can be so reasonably determined.
No licensed health care provider, as defined in
Section 38-59-110, who renders medical services voluntarily and without compensation, expectation, or promise thereof to any person at any hospital, clinic, public school, nonprofit organization, or any agency of the State or one of its political subdivisions where no charges are made by the licensed health care provider for any medical services rendered at the facility is liable for any civil damage or any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."
SECTION 2. This act takes effect upon approval by the Governor.