South Carolina H 5164: Hospitals

Bill Text

2025-2026 Bill 5164 Text of Previous Version (May. 14, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5164

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

SENATE RECEDED FROM MAY 7, 2026 AMENDMENT 

May 14, 2026

H. 5164

Introduced 
by Reps. Hewitt, Bannister, G. M. Smith and Henderson-Myers 

S. Printed 5/14/26--S.

Read the first time April 1, 2026

________

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-255 SO AS TO PROVIDE FOR FIRE AND 
BUILDING CODE EXCEPTIONS FOR PLACEMENT OF HOSPITAL BEDS IN HALLWAYS, CORRIDORS, 
OR OTHER MEANS OF EGRESS DURING JUSTIFIED EMERGENCIES.

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

SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-7-255. (A) "Justified emergency" 
means any of the following:

 (1) 
declared state of emergency;

 (2) 
natural or manmade disaster;

 (3) 
mass transit accident;

 (4) 
industrial or construction accident;

 (5) 
chemical, biological, radiological, or nuclear event;

 (6) 
act of crowd, spree, or terrorist violence resulting in injuries;

 (7) 
acute outbreak of contagious or infectious disease; or

 (8) 
the exhaustion of all available treatment space in an emergency department due 
to the number of patients being treated at that time.

 (B) 
"Hallways," "corridors," and "means of egress" mean the same as defined in the 
codes and standards in effect at the time of the incident, as identified in 
Section 1-34-20 and adopted by the Building Codes Council pursuant to Chapter 
9, Title 6.

 (C) 
During a justified emergency, patient beds may be used in hallways, corridors, 
and other means of egress when a designated member of the emergency department 
leadership team as determined by the hospital's written policy and procedures determines 
and, within seven calendar days of the start of the justified emergency, 
documents on an electronic form developed by the Department of Public Health 
that:

 (1) 
all other appropriate treatment space in the hospital has been exhausted; and

 (2) 
the health and safety of patients is jeopardized without the use of patient 
beds in these areas.

 (D) 
The form shall include the following:

 (1) 
the beginning date and time of the justified emergency;

 (2) 
the ending date and time of the justified emergency;

 (3) 
the nature of the justified emergency, as described in subsection (A)(1) 
through (8);

 (4) 
an indication that all other appropriate treatment space in the hospital has 
been exhausted;

 (5) 
an indication that the health and safety of patients is at an increased risk 
without the use of patient beds in hallways, corridors, or other means of 
egress; and

 (6) 
the signature of a designated member of the emergency department leadership 
team at the onset of the justified emergency.

 (E) 
The hospital shall maintain records referenced in subsection (C) and provide 
copies of the form described in subsection (D) no less than quarterly to the 
department that documents each instance when a justified emergency has been 
determined and patient beds have been used in hallways, corridors, or other 
means of egress.

 (F) 
When not in use for the care and treatment of patients during a justified 
emergency, hospitals shall remove any beds from hallways, corridors, or means 
of egress.

 (G) To 
provide for the safety of hospital staff, patients, and visitors during a 
justified emergency, hospitals shall maintain a clear pathway in hallways, 
corridors, and means of egress and shall not block exits. Hospitals shall not 
erect or construct partitions or structures that obstruct the building's fire 
protection systems including automatic sprinkler systems or fire alarm and 
detection system components.

 (H) To 
provide for the safety of hospital staff, patients, and visitors, hospitals 
shall develop written protocols for justified emergency conditions and shall 
require all employees responsible for the care or treatment of patients to 
familiarize themselves with these protocols.

SECTION 2. This act takes effect upon approval 
by the Governor..

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This web page was last updated on May 14, 2026 at 03:18 PM