Home/South Carolina/Statutes/Title 43: SOCIAL SERVICES/Ch. 38: INVESTIGATION OF HEALTH FACILITIES BY OMBUDSMAN/§ 43-38-40
South Carolina Statutes

§ 43-38-40 — Civil and criminal immunity for participants in judicial proceedings; presumption of good faith.

South Carolina § 43-38-40
JurisdictionSouth Carolina
Title 43SOCIAL SERVICES
Ch. 38INVESTIGATION OF HEALTH FACILITIES BY OMBUDSMAN

This text of South Carolina § 43-38-40 (Civil and criminal immunity for participants in judicial proceedings; presumption of good faith.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.C. Code Ann. § 43-38-40 (2026).

Text

Any person required or permitted to report pursuant to this chapter or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.

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Legislative History

HISTORY: 1980 Act No. 416, SECTION 4.

Nearby Sections

6
§ 43-38-10
Facility defined.
§ 43-38-20
Long Term Care Ombudsman Program authorized to investigate complaints; release and disclosure of information from medical records; issuance of report and recommendations.
§ 43-38-30
Cooperation of departments, officers, and agencies required.
§ 43-38-40
Civil and criminal immunity for participants in judicial proceedings; presumption of good faith.
§ 43-38-50
Exception as to County Homes.
§ 43-38-60
Long Term Care Ombudsman Program to designate entities under Older American Act.
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Bluebook (online)
South Carolina § 43-38-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/38/43-38-40.