H 3496 Session 119 (2011-2012)
H 3496 General Bill, By Brady, Butler Garrick, Spires, Erickson and Long
Similar(S 445)
A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO
DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A
MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY
SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; AND BY ADDING
SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS
FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS
FOR BLOODBORNE DISEASE EXPOSURE.
01/27/11 House Introduced and read first time (House Journal-page 17)
01/27/11 House Referred to Committee on Education and Public
Works (House Journal-page 17)
02/03/11 House Recalled from Committee on Education and Public
Works (House Journal-page 24)
02/03/11 House Referred to Committee on Medical, Military,
Public and Municipal Affairs (House Journal-page 24)
03/02/11 House Member(s) request name added as sponsor: Erickson, Long
03/03/11 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs (House Journal-page 3)
03/04/11 Scrivener's error corrected
03/08/11 House Requests for debate-Rep(s). Bedingfield, Loftis,
Corbin, GR Smith, Stringer, Bikas, Hart, Hiott,
Parker, Forrester, Brady, Viers, Jefferson, and
JH Neal (House Journal-page 68)
03/10/11 House Read second time (House Journal-page 44)
03/10/11 House Roll call Yeas-83 Nays-18 (House Journal-page 44)
03/29/11 House Read third time and sent to Senate
(House Journal-page 31)
03/30/11 Senate Introduced and read first time (Senate Journal-page 23)
03/30/11 Senate Referred to Committee on Medical Affairs
(Senate Journal-page 23)
H. 3496
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 3, 2011
H. 3496
Introduced by Reps. Brady, Butler Garrick, Spires, Erickson and Long
S. Printed 3/3/11--H. [SEC 3/4/11 3:35 PM]
Read the first time January 27, 2011.
THE COMMITTEE ON MEDICAL,
MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
To whom was referred a Bill (H. 3496) to amend Section 44-29-135, Code of Laws of South Carolina, 1976, relating to confidentiality of sexually transmitted disease records, so as to delete the provision, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
LEON HOWARD for Committee.
STATEMENT OF ESTIMATED FISCAL IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:
$0 (No additional expenditures or savings are expected)
ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:
$0 (No additional expenditures or savings are expected)
EXPLANATION OF IMPACT:
Department of Health & Environmental Control
The department reports that this bill would have no impact on the state general fund or on federal and/or other funds. The bill merely eliminates notification of positive HIV status to school superintendents.
Department of Education
The department reports that this bill would have no fiscal impact on the state general fund or on federal and/or other funds, provided that the training requirement can be accommodated by the training that local school districts are currently providing.
Approved By:
Harry Bell
Office of State Budget
A BILL
TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-29-135 of the 1976 Code is amended to read:
"Section 44-29-135. All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:
(a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or
(b) release is made of medical or epidemiological information with the consent of all persons identified in the information released;
(c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;
(d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or
(e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified."
SECTION 2. Article 2, Chapter 10, Title 59 of the 1976 Code is amended by adding:
"Section 59-10-220. By January 1, 2012, each school district shall adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for bloodborne disease exposure and shall communicate written notice of these procedures to each school within the district. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques."
SECTION 3. This act takes effect upon approval by the Governor.
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