South Carolina General Assembly
115th Session, 2003-2004

Download This Version in Microsoft Word format

Bill 35


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-770 SO AS TO PROHIBIT THE DELAY OR DETAINMENT OF A LICENSED PHYSICIAN EN ROUTE TO A MEDICAL EMERGENCY FOR A TRAFFIC VIOLATION WHERE THERE IS NO PROPERTY DAMAGE OR PERSONAL INJURY, TO CREATE A MISDEMEANOR FOR FALSELY ASSERTING THIS PRIVILEGE, AND TO DEFINE "MEDICAL EMERGENCY".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-770.    (A)    Notwithstanding any other provision of law, a licensed physician who is en route to a medical emergency may not be delayed or detained for a traffic violation if the violation does not involve property damage or personal injury to another. However, this subsection does not excuse or exempt the licensed physician from being charged and prosecuted for such a violation.

(B)    A person who falsely asserts the provisions of subsection (A) in connection with a traffic violation is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars, which fine is in addition to any other fine for the traffic violation.

(C)    For purposes of this section, 'medical emergency' means a circumstance under which a licensed physician has been summoned to conduct a procedure or evaluation where time is of the essence."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Thursday, June 25, 2009 at 9:38 A.M.