Prehospital Healthcare

2025-2026 Bill 5319: Prehospital Healthcare - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5319
STATUS INFORMATION
General Bill
Sponsors: Rep. M.M. Smith
Companion/Similar bill(s): 985
Document Path: LC-0460VR26.docx
Introduced in the House on March 4, 2026
Currently residing in the House Committee on
Medical, Military, Public and Municipal Affairs
Summary: Prehospital Healthcare
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/4/2026

House

Introduced and read first time (
House Journal-page 87
)

3/4/2026

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 87
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/04/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING ARTICLE 9 TO CHAPTER 61, TITLE 44 SO AS TO
ADDRESS CONTINUOUS QUALITY IMPROVEMENT PROGRAMS IMPLEMENTED BY PREHOSPITAL
CLINICIANS, INCLUDING CONFIDENTIALITY AND PRIVILEGE OF DATA AND REPORTS; TO
ESTABLISH CERTAIN PENALTIES FOR UNAUTHORIZED USE OF INFORMATION; AND FOR OTHER
PURPOSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 61, Title 44 of the S.C. Code is amended by
adding:

A
rticle 9

C
ontinuous Quality Control for Prehospital Clinicians

S
ection
44-61-900
.
F
or the purposes of this article:

(
1)
"Continuous quality improvement" means an ongoing process of identifying,
analyzing, trending, and implementing changes to improve patient care outcomes
and organizational performance as well as efficiency by using a structured
approach to problem solving, data collection, and analysis to enhance the
quality of care delivered, which is overseen by the licensed provider's retained
medical control physician required by Section
44-61-40
.

(
2)
"Emergency medical services clinician" means a person trained and certified or
licensed to provide emergency medical care, whether on a paid or volunteer
basis, as part of a basic life support or advanced life support prehospital
emergency care service or in an emergency department or pediatric critical care
or specialty unit in a licensed hospital.

(
3)
"Prehospital care" means the provision of mobile integrated healthcare,
community paramedicine, both of which may include telehealth, emergency medical
care or transportation by trained and certified or licensed emergency medical
services clinicians at the scene of an emergency and while transporting sick or
injured persons to a medical care facility or provider.

(
4)
"Prehospital clinician" means emergency medical services personnel,
firefighters, who support or directly render prehospital care.

S
ection
44-61-910
.
(
A) All activities,
records, reports, data, and proceedings associated with continuous quality
improvement programs implemented by prehospital clinicians are:

(
1)
privileged and confidential;

(
2)
exempt from disclosure pursuant to Chapter 4, Title 30;

(
3)
not subject to disclosure or discovery in any civil, criminal, or
administrative proceeding; and

(
4)
may not be used as evidence in any criminal, civil, or administrative
proceeding.

(
B)
The privilege and confidentiality provided for in subsection (A) extend to,
without limitation:

(
1)
peer review processes;

(
2)
incident debriefings and reviews;

(
3)
morbidity and mortality reviews;

(
4)
data collection and analysis;

(
5)
case studies and discussions;

(
6)
training sessions;

(
7)
performance evaluations related to clinical care;

(
8)
information related to initial credentialing processes; and

(
9)
documentation related to hiring and onboarding processes.

(
C)
Information produced by continuous quality improvement activities shall be used
solely for improving the quality of care and services provided by prehospital
providers.

S
ection
44-61-920
.
T
he protections from disclosure contained
in Section
44-61-910
(A) do not apply to:

(
1)
information that is otherwise available from original sources not associated
with continuous quality improvement activities; or

(
2)
voluntary disclosure by the provider or a participant in continuous quality
improvement activities, unless otherwise prohibited by law.

S
ection
44-61-930
. A person who makes an unauthorized disclosure of or use of
continuous quality improvement and peer review in violation of this article is
subject to the penalty provisions of Section
44-61-160
.

S
ection
44-61-940
. Continuous quality improvement participants acting in good faith and
within the scope of the participant's duties are immune from civil or criminal
liability for any act, omission, or statement related to the continuous quality
improvement activity in which the participant is participating. A participant
who engages in wilful misconduct or gross negligence associated with a
continuous quality improvement activity is not immune from civil or criminal
liability for his acts, omissions, or statements.

S
ECTION 2. This act takes effect upon approval
by the Governor.

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This web page was last updated on March 4, 2026 at 5:28 PM