After many conversations with interested parties, we have come to an agreement on language for S. 371. We have agreed on 4 points: 1-Transparency 2-gross negligence 3-no additional burden on nurses 4-death cases will get a fast track. Below is the updated amendment.
BILL NO: S. 371 (Reference is to the bill as introduced.) Senator BRYANT proposed the following amendment (371R001 EB KLB): Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as “Samuel’s Law”. /
/ SECTION 2. Section 40-33-110 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
“( )(1) This subsection shall be known as “Samuel’s Law”.
(2) Upon a finding by the board that a person licensed under this chapter acted in a willful, wanton, or grossly negligent manner by misreading a physician’s order causing a patient to be over-medicated or under-medicated and resulting in the patient’s death, the board shall revoke the person’s license to practice nursing in this State. As used in this subsection, “willful, wanton, or grossly negligent” means an act or course of action, or inaction, which denotes a lack of reasonable care and a conscious disregard or indifference to the rights, safety, or welfare of others and which does or could result in death.” /
/ SECTION 3. Section 40-33-80 of the 1976 Code is amended to read:
“Section 40-33-80. (A) The department shall investigate complaints and violations of this chapter as provided in Section 40-1-80.
(B)(1) The department shall begin an investigation of a complaint within twenty-four hours of receipt of the complaint in instances involving a patient death and the complaint alleges a person licensed under this chapter misread a physician order resulting in the overmedication or undermedication of the patient and contributed to the patient’s death.
(2) Upon receipt of the complaint described in subsection (B)(1) and receipt of sufficient evidence demonstrating a person licensed under this chapter poses a substantial threat of serious harm to the public, the Board may place the person on temporary suspension pending a final determination as provided for in this chapter and Chapter 1, Title 40.
(3) The Board shall make a final determination on complaint described in subsection (B)(1) no later than one year from the date the complaint was filed. Notwithstanding any other provision of law, the Board shall be required to allow family members of a deceased patient to provide written statements, testimony, or both prior to the Board issuing a final determination.
(4) For purposes of this section ‘family member’ shall mean the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.” /
/ SECTION 4. It is not the intent of the General Assembly to burden the nursing profession by this legislation. As a result, the department and the Board are prohibited from promulgating new regulations, adding educational requirements, or imposing additional duties on nurses based solely on this legislation. /
/ SECTION 5. This act takes effect upon approval by the Governor.
Lieutenant Governor of South Carolina
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