Title 44, Health

(A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable di…

(A) The General Assembly finds that: (1) asbestos is a mineral that was widely used prior to the 1980's for insulation, fire-proofing, and other purposes; (2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards …

For purposes of this chapter: (1) "Asbestos" means all minerals defined as " asbestos" in 29 CFR 1910, as and if amended. (2) "Asbestos claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the h…

Pulmonary function testing required by this chapter must be interpreted by a physician who is: (1) licensed in this State or another state of the United States; and (2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the …

(A) No person shall have an asbestos claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in an asbestos claim in this State, in the absence of a prima facie showing of asbestos-related malignancy or impairment as shown by…

(A) No person shall have a silica claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in a silica claim in this State, in the absence of a prima facie showing of impairment as shown by service on each defendant of a repor…

(A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each…

(A) In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant ei…

Nothing in this act is intended to, and nothing in this act shall be interpreted to: (1) affect the rights of any party in bankruptcy proceedings; or (2) affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable cl…

As used in this chapter: (1) "Eligible patient" means an individual who: (a) has a terminal illness, attested to by a treating physician; (b) has, in consultation with a treating physician, considered and exhausted all other treatment options currently approved by the United Stat…

(A) A manufacturer of an investigational drug, biological product, or device may make available to an eligible patient, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device. Nothing in this article shall be construed to requi…

If an eligible patient dies while being treated with an investigational drug, biological product, or device, the eligible patient's heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage for the treatme…

(A) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a health care provider licensed in this State, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an …

No official, employee, or agent of this State shall block or attempt to block an eligible patient's lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health ca…

No private right of action may be brought against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device, for any harm…

(A) This chapter does not expand coverage an insurer must provide pursuant to Title 38. (B) This chapter does not require: (1) a governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device; …

(A) The General Assembly finds that the right of conscience is a fundamental and unalienable right. It was central to the founding of the United States, has been deeply rooted in our Nation's history and tradition for centuries, and has been central to the practice of medicine, t…

For the purposes of this chapter: (1) "Conscience" means the religious, moral, or ethical beliefs or principles held by any medical practitioner, health care institutions, and health care payers. Conscience with respect to institutional entities or corporate bodies, as opposed to…

(A) A medical practitioner, health care institutions, and health care payers have the right not to participate in or pay for any health care service which violates the practitioner's or entity's conscience. (B) No medical practitioner, health care institutions, and health care pa…

(A) No medical practitioner may be discriminated against in any manner because the medical practitioner: (1) provided, caused to be provided, or is about to provide or cause to be provided to the practitioner's employer, the Attorney General of South Carolina, the Department of H…

(A) A medical practitioner or health care institution may, pursuant to Section 1-13-90, file a complaint with the State Human Affairs Commission for any alleged violation of any provision of this chapter. (B) The State Human Affairs Commission must investigate reports of alleged …

The licensing and regulation of medical practitioners and the provision of health care services, as defined in Section 44-139-20, is expressly preempted by the State. A county, municipality, or other political subdivision may not adopt or enforce an ordinance, resolution, rule, o…

A health care practitioner may not be scheduled for or assigned to directly or indirectly perform, facilitate, or participate in an abortion unless the practitioner first affirmatively consents in writing to perform, facilitate, or participate in the abortion.

A medical practitioner may not refuse to provide any health care service to a person based on his race.

The contract, policy, or other documentation executed between a health care payer and a person that requires the health care payer to pay for or arranges for the payment of any health care services provided to the person must contain a statement in bold type face providing the pe…