{"Health care provider":"Includes physicians, pharmacists, densits, physician assistants, all types of nurses, paramedics, firefighters providing emergency medical care, emergency lab technicians, ambulance personnel, and emergency medical workers, among others."}
Emergency Law Inventory | Full Law Text

Law Number

S.C. Code Ann. 44-4-570(C)

Summary Title

Liability: Health Care Provider Providing Care during Public Health Emergency

Summary

When a public health emergency declaration is in effect, a health care provider who provides medical care at the direction of the Department of Health and Environmental Control will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness.

Full Title

Emergency powers regarding licensing of health personnel; appointment of in-state and out-of-state providers; liability of appointed providers for civil damages; appointment of emergency medical examiners or coroners; waiver of licensing fees and requirements; immunity

Full Text

(C) (1) Any health care provider appointed by the department pursuant to this section must not be held liable for any civil damages as a result of medical care or treatment including, but not limited to, trauma care and triage assessment, related to the appointment of the health care provider and the prescribed duties unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient. (2) This subsection applies if the health care provider does not receive payment from the State other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the health care provider is an employee of the State, the health care provider may continue to receive compensation from the health care provider's employer. This subsection applies whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from sources including, but not limited to, Medicaid, Medicare, reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512, et seq., or private health insurance.

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