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H. 3091
STATUS INFORMATION
General Bill
Sponsors: Reps. White, Davenport and Sandifer
Document Path: l:\council\bills\ms\7030ahb05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Protection from civil lawsuits for medical providers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-77 1/11/2005 House Referred to Committee on Judiciary HJ-78
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-48 SO AS TO PROVIDE PROTECTION FROM CIVIL LAWSUITS FOR MEDICAL PROVIDERS AND PHARMACEUTICAL COMPANIES WHEN A PLAINTIFF FILLS A PRESCRIPTION FOR A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED DRUG OUTSIDE OF THE UNITED STATES AND TO PROVIDE AN EXCEPTION.
SECTION 1. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-48. Notwithstanding another provision of law or rule of civil procedure, a physician, optometrist, nurse practitioner, physician assistant, or pharmaceutical company may not be sued in a civil action alleging damages caused by a prescription drug approved by the federal Food and Drug Administration for damages caused by the plaintiff filling a prescription outside of the United States unless the plaintiff pleads specific facts which, if proven, amount to negligence on the part of the medical provider or pharmaceutical company."
SECTION 2. This act takes effect upon approval by the Governor.
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