Indicates Matter Stricken

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Committee Report

March 27, 2024

 

H. 4867

 

Introduced by Reps. Lawson, Hayes, G. M. Smith, Moss, Hiott, Blackwell, B. L. Cox, Caskey, M. M. Smith, Hart, Sandifer, J. E. Johnson, Brittain and Bauer

 

S. Printed 03/27/24--H.

Read the first time January 17, 2024

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 4867) to amend the South Carolina Code of Laws by adding Section 23-23-45 so as to require all 911 telecommunicators that provide dispatch for emergency medical conditions, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, SECTION 1, by striking Section 23-23-45(A) and inserting:

    (A) Beginning January 1, 2025, all 911 telecommunicators that provide dispatch for emergency medical conditions shall be required to be trained, utilizing the most current nationally recognized cardiovascular care guidelines, in high quality T-CPR. The instruction shall incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only CPR instruction for callers, and continuous education which must be completed on an annual basis.

Amend the bill further, SECTION 1, by striking Section 23-23-45(D) and inserting:

    (D) Neither telecommunicators that provide dispatch for emergency medical conditions who have completed the training specified in subsection (A) nor the State or the agency, political subdivision, or governmental entity employing such telecommunicators shall be liable for any civil damages for any personal injury arising from the provision of CPR instructions to 911 callers except acts or omissions amounting to gross negligence or willful or wanton misconduct. Any civil cause of action for damages arising from the provision of T-CPR instructions and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty must be brought pursuant to the South Carolina Tort Claims Act, Chapter 78, Title 15.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 23-23-10(E) of the S.C. Code is amended to read:

 

    (E) As contained in this chapter:

       (1) "Law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.

       (2) "Council" means the South Carolina Law Enforcement Training Council created by this chapter.

       (3) "Academy" means the South Carolina Criminal Justice Academy created by this chapter.

       (4) "Director" means the Director of the South Carolina Criminal Justice Academy.

       (5) "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA)".

 

Renumber sections to conform.

Amend title to conform.

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires all 911 telecommunicators providing dispatch for emergency medical conditions to be trained in high-quality T-CPR beginning January 1, 2025. The training must include recognition protocols for out-of-hospital cardiac arrest, compression-only CPR instruction for callers, and continuous education. All agencies employing 911 telecommunicators will be responsible for providing this training. The bill further requires the SCCJA to establish a procedure for monitoring adherence by telecommunicators and their employing agencies and penalizing agencies for noncompliance. The bill specifies that 911 telecommunicators who have completed the training will not be liable for any civil damages for any personal injury arising from the provision of CPR instructions to 911 callers.

 

The SCCJA indicates that this bill will have no expenditure impact since bill requires the department to perform activities that will be conducted in the normal course of business.

 

Local Expenditure

This bill requires all 911 telecommunicators providing dispatch for emergency medical conditions to be trained in high-quality T-CPR beginning January 1, 2025. All agencies employing 911 telecommunicators will be responsible for providing this training. The bill specifies that 911 telecommunicators who have completed the training will not be liable for any civil damages for any personal injury arising from the provision of CPR instructions to 911 callers.

 

The overall expenditure impact of this bill on local governments is undetermined due to the number of responses received and may vary depending upon the training currently required for 911 telecommunicators in each locality. A small number of responding counties indicate that this bill will have no expenditure impact since they already provide the required training. The MASC indicates that the expenditure impact of this bill will vary depending upon the current training and certification methods required for 911 telecommunicators in each locality and whether the bill is implemented in a manner that requires a one-time training in T-CPR or ongoing renewal of the T-CPR training certification with continuing education requirements.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the south carolina code of laws by adding section 23-23-45 so as to require all 911 telecommunicators that provide dispatch for emergency medical conditions to be trained in high-quality telecommunicator cardiopulmonary resuscitation (t-cpr).

 

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

 

SECTION 1.  Chapter 23, Title 23 of the S.C. Code is amended by adding:

 

    Section 23-23-45.  (A) Beginning January 1, 2025, all 911 telecommunicators that provide dispatch for emergency medical conditions shall be required to be trained, utilizing the most current nationally recognized cardiovascular care guidelines, in high quality T-CPR. The instruction shall incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only CPR instruction for callers, and continuous education.

    (B) All agencies within this State employing 911 telecommunicators that provide dispatch for emergency medical conditions shall be responsible for providing the instruction specified in subsection (A).

    (C) The South Carolina Criminal Justice Academy shall establish a procedure for monitoring adherence by telecommunicators and their employing agencies to the requirements set forth in subsection (A) and penalizing agencies for noncompliance, as described in Section 23-23-100.

    (D) Telecommunicators that provide dispatch for emergency medical conditions who have completed the training specified in subsection (A) shall not be liable for any civil damages for any personal injury arising from the provision of CPR instructions to 911 callers in accordance with Section 15-1-310.

 

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

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