(A) If the Board of the Department of Health and Environmental Control or the Director of the Department of Health and Environmental Control approves in writing a mass immunization project to be administered in any part of this State in cooperation with an official or volunteer medical or health agency, any authorized employee of the agency, any physician who does not receive compensation for his services in the project, and any licensed nurse who participates in the project, except as provided in subsection (B), is not liable to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine administered in the project by the employee, physician, or nurse. Neither the board nor the director may approve the project unless either finds that the project conforms to good medical and public health practice.
For purposes of this section, a person is considered to be an authorized employee of an official or volunteer medical or health agency if he has received the necessary training for and approval of the department for participation in the project.
(B) Nothing in this section exempts any physician, licensed nurse, or authorized public health employee participating in any mass immunization project from liability for gross negligence, and the provisions of this section do not exempt any drug manufacturer from any liability for any drug or vaccine used in the project.
HISTORY: 1976 Act No. 703, Sections 1, 2; 1988 Act No. 490, Section 14; 1993 Act No. 181, Section 1099; 2010 Act No. 210, Section 1, eff upon approval (became law without the Governor's signature on June 1, 2010).
Structure South Carolina Code of Laws
Chapter 29 - Contagious And Infectious Diseases
Section 44-29-30. Burying or burning of dead animals and poultry.
Section 44-29-50. Violation of regulation relating to vaccination, screening, or immunization.
Section 44-29-70. Reports of cases of sexually transmitted diseases.
Section 44-29-90. Examination, treatment, and isolation of persons infected with venereal disease.
Section 44-29-115. Procedure for isolation.
Section 44-29-120. Serological blood tests for pregnant women.
Section 44-29-130. Adoption of regulations pertaining to sexually transmitted disease.
Section 44-29-135. Confidentiality of sexually transmitted disease records.
Section 44-29-140. Penalties pertaining to venereal disease.
Section 44-29-145. Penalty for exposing others to Human Immunodeficiency Virus.
Section 44-29-160. Health certificates for employees in schools and child care facilities.
Section 44-29-170. Form of certificate.
Section 44-29-185. Adolescent cervical cancer vaccinations.
Section 44-29-190. Penalty for violation of Section 44-29-180.
Section 44-29-230. Testing required when health care worker exposed to bloodborne disease.
Section 44-29-250. Confidentiality of anonymous HIV test results; reporting requirements.