Bill Text: SC H4145 | 2013-2014 | 120th General Assembly | Introduced


Bill Title: Emergency Care

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2013-05-16 - Referred to Committee on Judiciary [H4145 Detail]

Download: South_Carolina-2013-H4145-Introduced.html


A BILL

TO AMEND SECTION 15-1-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS WHO RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT OR EMERGENCY, SO AS TO CLARIFY THAT THE IMMUNITY EXTENDS TO THE ADMINISTRATION OF LIFE-SAVING PROCEDURES SUCH AS CPR AND TO EXTEND THIS IMMUNITY TO THE EMPLOYER OF A CPR CERTIFIED EMPLOYEE WHOSE LIFE-SAVING ACTS ARE IMMUNE FROM LIABILITY.

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

SECTION    1.    Section 15-1-310 of the 1976 Code is amended to read:

"Section 15-1-310.    Any person, who in good faith gratuitously renders emergency care including, but not limited to, administering life-saving procedures such as CPR, at the scene of an accident or emergency to the victim thereof, shall not be is not liable for any civil damages for any personal injury as a result of any act or omission by such the person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except acts or omissions amounting to gross negligence or wilful or wanton misconduct. The immunity from liability provided by this section extends to the employer of a CPR certified employee who, in rendering life-saving procedures, is immune from liability pursuant to this section."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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