H*3871(Rat #0196, Act #0166 of 2010)  General Bill, By Harvin, Hosey and 
Jefferson
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-29-15 SO AS TO SPECIFY REPORTING REQUIREMENTS FOR LABORATORIES THAT TEST
 FOR INFECTIOUS OR OTHER DISEASES REQUIRED BY THE DEPARTMENT OF HEALTH AND
 ENVIRONMENTAL CONTROL TO BE REPORTED AND TO PROVIDE A CIVIL MONETARY PENALTY
 FOR VIOLATIONS. - ratified title

   04/02/09  House  Introduced and read first time HJ-30
   04/02/09  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-30
   04/02/09  House  Recalled from Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-52
   04/02/09  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-52
   01/20/10  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-28
   01/26/10  House  Read second time HJ-9
   01/27/10  House  Read third time and sent to Senate HJ-22
   01/27/10  Senate Introduced and read first time SJ-9
   01/27/10  Senate Referred to Committee on Medical Affairs SJ-9
   04/22/10  Senate Committee report: Favorable Medical Affairs SJ-14
   04/27/10  Senate Read second time SJ-21
   04/28/10  Senate Read third time and enrolled SJ-23
   05/06/10         Ratified R 196
   05/12/10         Signed By Governor
   05/21/10         Effective date 05/12/10
   05/25/10         Act No. 166

(A166, R196, H3871)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-15 SO AS TO SPECIFY REPORTING REQUIREMENTS FOR LABORATORIES THAT TEST FOR INFECTIOUS OR OTHER DISEASES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO BE REPORTED AND TO PROVIDE A CIVIL MONETARY PENALTY FOR VIOLATIONS.

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

Reporting requirements for laboratories testing for infectious diseases and other diseases

SECTION    1.    Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-15.    (A)    A laboratory, within or outside the State, responsible for performing a test for any of the infectious or other diseases required by the Department of Health and Environmental Control to be reported pursuant to Section 44-29-10, shall report positive or reactive tests to the department. This includes, but is not limited to, all laboratories, within or outside the State, which collect specimens in South Carolina or which receive the initial order for testing from a practitioner, blood bank, plasmapheresis center, or other health care provider located in South Carolina. The department also may require that all results of certain, specifically identified laboratory tests be reported. All reports must be submitted within the time frame and in the form and manner designated by the department.

(B)    Laboratories, within or outside the State, which perform tests as described in subsection (A) and which determine positive or reactive test results, shall, if required by the department, provide clinical specimens and isolates to the department or another laboratory designated by the department for further testing to determine incidence and other epidemiological information. These clinical specimens and isolates must be submitted within the time frame and in the form and manner designated by the department. The testing must be performed for epidemiological surveillance only; source consent is not required, and results are not required to be returned to the source patient or physician. The clinical specimens and isolates must be destroyed after tests are successfully completed, unless otherwise directed by the department.

(C)    Persons and entities, which are required to report test results to the department pursuant to this section and which send clinical specimens and isolates out of state for testing, are responsible for ensuring that results are reported and clinical specimens and isolates are submitted to the department, or a laboratory designated by the department, as required under this section and related regulations.

(D)    If a laboratory forwards clinical specimens and isolates out of state for testing, the originating laboratory retains the duty to comply with this section and related regulations, either by:

(1)    reporting the results, providing the name and address of the testing laboratory, and submitting the clinical specimens and isolates to the department; or

(2)    ensuring that the results are reported and that the clinical specimens and isolates are submitted to the department or another laboratory designated by the department.

(E)    A person, laboratory, or other entity violating a provision of this section or related regulations is subject to a civil monetary penalty of not more than one thousand dollars for the first offense and not more than five thousand dollars for each subsequent offense. Each instance of noncompliance constitutes a separate violation and offense."

Time effective

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

Ratified the 6th day of May, 2010.

Approved the 12th day of May, 2010.