Bill Text: SC H3691 | 2023-2024 | 125th General Assembly | Comm Sub
Bill Title: Coroners - First Responders
Spectrum: Strong Partisan Bill (Republican 48-5)
Status: (Passed) 2023-05-26 - Act No. 66 [H3691 Detail]
Download: South_Carolina-2023-H3691-Comm_Sub.html
South Carolina General Assembly
125th Session, 2023-2024
Bill 3691
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Report
March 29, 2023
H. 3691
Introduced by Reps. G. M. Smith, M. M. Smith, Davis, B. L. Cox, Pace, Guest, Leber, J. E. Johnson, Pope, Brittain, McGinnis, Hardee, Hewitt, Jordan, Thayer, Anderson, Rutherford, Trantham, Bailey, Schuessler, Gagnon, Beach, Oremus, Forrest, S. Jones, Taylor, Hixon, Blackwell, Collins, Bannister, Hiott, Carter, O'Neal, Ligon, Guffey, Sessions, T. Moore, Nutt, Hayes, Yow, Mitchell, Connell, Hager, B. Newton, White, Landing, Kirby, Moss, Bustos, Long and Caskey
S. Printed 03/29/23--H.
Read the first time January 12, 2023
________
The committee on House Medical, Military, Public and Municipal Affairs
To who was referred a Bill (H. 3691) to amend the South Carolina Code of Laws by adding Section 17-5-135 so as to allow coroners to possess and administer opioid antidotes under certain circumstances, 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 17-5-135 and inserting:
Section 17-5-135. A coroner, deputy coroner, or coroner's designee may possess and administer an opioid antidote pursuant to the requirements of the South Carolina Overdose Prevention Act. The coroner, deputy coroner, or coroner's designee must comply with all of the requirements of Section 44-130-60 and is entitled to immunity from civil or criminal liability or professional disciplinary action when administering an opioid antidote to a person he believes in good faith is experiencing an opioid overdose.
(A) A coroner, deputy coroner, or coroner's designee may administer an opioid antidote if the coroner, deputy coroner, or coroner's designee believes in good faith that the person is experiencing an opioid overdose.
(B) The coroner, deputy coroner, or coroner's designee must comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. The department may promulgate regulations to implement this section, including appropriate training for coroners, deputy coroners, or coroners' designees who carry or have access to an opioid antidote.
(C) A coroner, deputy coroner, or coroner's designee who administers an opioid antidote in accordance with the provisions of this section to a person whom the coroner, deputy coroner, or coroner's designee believes in good faith is experiencing an opioid overdose is not by an act or omission subject to civil or criminal liability or to professional disciplinary action.
(D)(1) A coroner, deputy coroner, or coroner's designee who administers an opioid antidote as provided in this section shall report to the department's Bureau of Emergency Medical Services information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:
(a) date the opioid antidote was administered; and
(b) name, address, and date of birth of the person to whom the opioid antidote was administered, if available.
(2) A coroner, deputy coroner, or coroner's designee shall submit the information required pursuant to item (1) electronically or by facsimile to the Bureau of Emergency Services within thirty days of administration. The Bureau of Emergency Medical Services shall transmit the information to the department's Bureau of Drug Control.
(b) Drug Control also shall maintain data on the administering of opioid antidotes by coroners, deputy coroners, or coroners' designees including, but not limited to, the frequency with which coroners, deputy coroners, or coroners' designees administer opioid antidotes by geographic location, coroner, deputy coroner, or coroner's designee, and dispenser.
Amend the bill further, SECTION 3, by striking Section 17-5-510(3) and inserting:
(3) both a coroner and a deputy coroner are considered public safety officers under 34 U.S.C. § 10281 et seq., if killed in the line of duty.
Renumber sections to conform.
Amend title to conform.
SYLLESTE DAVIS for Committee.
statement of estimated fiscal impact
Explanation of Fiscal Impact
State Expenditure
Sections 1 and 2
These sections of the bill allow a coroner or his designee to possess and administer an opioid antidote pursuant to the requirements of the South Carolina Overdose Prevention Act and if the coroner or his designee believe in good faith that the person is experiencing an opioid overdose. DHEC may promulgate regulations to ensure that coroners comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. This includes regulations for appropriate training for coroners or their designees.
Further, a coroner or his designee who administers an opioid antidote must report certain information to DHEC's Bureau of Emergency Medical Services (EMS) for inclusion in the prescription monitoring program. EMS must transmit the information to DHEC's Bureau of Drug Control, who shall maintain data on the administering of opioid antidotes by coroners and their designees.
Department of Health and Environmental Control. The bill charges DHEC with additional responsibilities. However, the agency will be able to accomplish these responsibilities using existing staff and resources. Therefore, there will be no expenditure impact on DHEC.
Section 3
This section of the bill specifies that a coroner is considered a public safety officer under 34 U.S.C. § 10281 et seq if killed in the line of duty.
Public Employee Benefit Authority. PEBA indicates that defining a coroner as a public safety officer for federal line of duty benefits for the Public Safety Officer Benefit Program under 34 U.S.C. § 10281 et seq if killed in the line of duty will have no fiscal impact to the retirement plans administered by the agency.
Local Expenditure
Sections 1 and 2
As previously mentioned, these sections allow a coroner or his designee to possess and administer an opioid antidote pursuant to the requirements of the South Carolina Overdose Prevention Act. The Revenue and Fiscal Affairs Office (RFA) surveyed all forty-six counties and received responses from five counties. Four of the responding counties indicate that any expenses will be minimal and can be managed with existing resources. The remaining responding county indicates that purchasing the opioid antidote and training its coroner to administer the antidote would increase expenses but could not quantify the amount. Since DHEC has not yet promulgated regulations for the implementation of these sections of the bill, which includes training coroners to administer the antidote, and due to the limited number of responses from county governments, the expenditure impact of Sections 1 and 2 on county governments is undetermined.
Section 3.
As previously referenced, this section of the bill specifies that a coroner is considered a public safety officer under 34 U.S.C. § 10281 et seq if killed in the line of duty. Based upon the response from PEBA, we anticipate that this provision would impact federal benefits and would have no fiscal impact on county governments.
Frank A. Rainwater, Executive Director
Revenue and Fiscal Affairs Office
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-5-135 SO AS TO ALLOW CORONERS TO POSSESS AND ADMINISTER OPIOID ANTIDOTES UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 44-130-90 SO AS TO PROVIDE PROCEDURES FOR THE ADMINISTRATION OF OPIOID ANTIDOTES BY CORONERS AND THE REPORTING OF THEIR USE; AND BY AMENDING SECTION 17-5-510, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CORONERS ARE CONSIDERED PUBLIC SAFETY OFFICERS IF KILLED IN THE LINE OF DUTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 5, Title 17 of the 1976 Code is amended by adding:
Section 17-5-135. A coroner or his designee may possess and administer an opioid antidote pursuant to the requirements of the South Carolina Overdose Prevention Act. The coroner must comply with all of the requirements of Section 44-130-60 and is entitled to immunity from civil or criminal liability or professional disciplinary action when administering an opioid antidote to a person he believes in good faith is experiencing an opioid overdose.
SECTION 2. Chapter 130, Title 44 of the S.C. Code is amended by adding:
Section 44-130-90. (A) A coroner or coroner's designee may administer an opioid antidote if the coroner or coroner's designee believes in good faith that the person is experiencing an opioid overdose.
(B) The coroner or coroner's designee must comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. The department may promulgate regulations to implement this section, including appropriate training for coroners or coroners' designees who carry or have access to an opioid antidote.
(C) A coroner or coroner's designee who administers an opioid antidote in accordance with the provisions of this section to a person whom the coroner or coroner's designee believes in good faith is experiencing an opioid overdose is not by an act or omission subject to civil or criminal liability or to professional disciplinary action.
(D)(1) A coroner or coroner's designee who administers an opioid antidote as provided in this section shall report to the department's Bureau of Emergency Medical Services information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:
(a) date the opioid antidote was administered; and
(b) name, address, and date of birth of the person to whom the opioid antidote was administered, if available.
(2) A coroner or coroner's designee shall submit the information required pursuant to item (1) electronically or by facsimile to the Bureau of Emergency Services within thirty days of administration. The Bureau of Emergency Medical Services shall transmit the information to the department's Bureau of Drug Control.
(3)(a) If a coroner or coroner's designee submits the name, address, and date of birth of a person to whom an opioid antidote was administered, Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person. If no history exists, then Drug Control shall confirm that the antidote was administered in response to a verified opioid overdose. If the antidote was administered in error, then Drug Control shall document the error.
(b) Drug Control also shall maintain data on the administering of opioid antidotes by coroners or coroners' designees including, but not limited to, the frequency with which coroners or coroners' designees administer opioid antidotes by geographic location, coroner or coroner's designee, and dispenser.
SECTION 3. Section 17-5-510 of the 1976 Code is amended to read:
Section 17-5-510. In counties which have both a coroner and a medical examiner:
(1) the coroner has the ultimate responsibility for carrying out the duties required by this article;
(2) the medical examiner's duties must be specified in an annual written contract between the county governing body and the medical examiner; and
(3) a coroner is considered a public safety officer under 34 U.S.C. § 10281 et seq., if killed in the line of duty.
SECTION 4. This act takes effect upon approval by the Governor.
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This web page was last updated on March 29, 2023 at 07:56 PM
