H*4136(Rat #0381, Act #0321 of 1996)  General Bill, By  House Judiciary

Similar(H 3744)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-29-250 so as to provide that a person who collects and submits an anonymous
 sample of the person's own body fluid or tissue for Human Immunodeficiency
 Virus (HIV) testing is not required to report a positive test result and that
 the results are confidential and to further provide that a positive result
 must be reported by the laboratory to the Department of Health and
 Environmental Control without identifying information included in the report;
 and by adding Section 44-29-240 so as to provide that a person on whom an
 invasive procedure is to be performed is encouraged to know or to have his
 blood tested to determine his HIV status and to disclose this status to the
 health professionals rendering care.-amended title

   04/20/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-8
   04/26/95  House  Debate interrupted HJ-76
   04/26/95  House  Amended HJ-103
   04/26/95  House  Objection by Rep. Simrill, Fair, Trotter,
                     Marchbanks, Rice, Robinson, Harrison, Cromer,
                     Jennings, Shissias & Huff HJ-104
   04/26/95  House  Objection withdrawn by Rep. Simrill & Robinson HJ-114
   04/26/95  House  Objection by Rep. Tripp & Easterday HJ-114
   05/17/95  House  Amended HJ-34
   05/17/95  House  Read second time HJ-36
   05/17/95  House  Roll call Yeas-87 Nays-9 HJ-36
   05/18/95  House  Read third time and sent to Senate HJ-59
   05/18/95  Senate Introduced and read first time SJ-41
   05/18/95  Senate Referred to Committee on Medical Affairs SJ-41
   04/16/96  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-17
   05/02/96  Senate Amended SJ-29
   05/02/96  Senate Read second time SJ-29
   05/03/96  Senate Read third time and returned to House with
                     amendments SJ-49
   05/08/96  House  Concurred in Senate amendment and enrolled HJ-37
   05/14/96         Ratified R 381
   05/20/96         Signed By Governor
   05/20/96         Effective date 05/20/96
   05/31/96         Copies available
   05/31/96         Act No. 321

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL, AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT; AND BY ADDING SECTION 44-29-240 SO AS TO PROVIDE THAT A PERSON ON WHOM AN INVASIVE PROCEDURE IS TO BE PERFORMED IS ENCOURAGED TO KNOW OR TO HAVE HIS BLOOD TESTED TO DETERMINE HIS HIV STATUS AND TO DISCLOSE THIS STATUS TO THE HEALTH PROFESSIONALS RENDERING CARE.

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

Person receiving positive HIV results is not required to report themselves and anonymous laboratory reporting required

SECTION 1. The 1976 Code is amended by adding:

"Section 44-29-250. Notwithstanding any other provision of this chapter or a regulation promulgated under this chapter, a person who collects and anonymously submits a sample of the person's own body fluid or tissue for Human Immunodeficiency Virus (HIV) infection testing is not required to report a positive test result, and the test results are confidential. However, the person or laboratory performing the test on an anonymous sample shall report a positive HIV infection test result to the Department of Health and Environmental Control, as well as certification to the Department of Health and Environmental Control that counseling options, including community-based resources, and referrals to appropriate medical providers have been made or offered to the positive subject, but the report must not contain any information identifying the subject of the report or any information that may lead to the identification of the subject of the report."

Persons encouraged to know HIV status before invasive procedures

SECTION 2. The 1976 Code is amended by adding:

"Section 44-29-240. A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, is encouraged to know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, is encouraged to have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of May, 1996.