Current Status Introducing Body:House Bill Number:4151 Primary Sponsor:Fair Type of Legislation:GB Subject:AIDS, testing for Residing Body:House Date Tabled:May 06, 1992 Computer Document Number:JIC/5926.SD Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:May 06, 1992 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:Fair Anderson Haskins Beasley Vaughn Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4151 House May 06, 1992 Tabled
4151 House Apr 21, 1992 Recalled from Committee 27
4151 House Jan 14, 1992 Introduced, read first time, 27
referred to Committee
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RECALLED
April 21, 1992
H. 4151
Introduced by REPS. Fair, Anderson, Haskins, Beasley and Vaughn
S. Printed 4/21/92--H.
Read the first time January 14, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-116 SO AS TO REQUIRE SPECIFIED HEALTH CARE PROVIDERS TO BE TESTED FOR THE HIV VIRUS AT THE TIME OF APPLICATION FOR LICENSURE, REGISTRATION, OR REAPPPLICATION, TO REQUIRE CONSENT OF PATIENTS BEFORE A HEALTH CARE PROVIDER REFERENCED ABOVE WHO TESTS POSITIVE FOR THE HIV VIRUS MAY PERFORM CERTAIN HEALTH CARE SERVICES FOR THAT PATIENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-1-116. All physicians, surgeons, and osteopaths licensed to practice in this State pursuant to Chapter 47 of Title 40, all dentists, dental hygienists, and dental technicians licensed to practice in this State pursuant to Chapter 15 of Title 40, and all nurses licensed to practice in this State pursuant to Chapter 33 of Title 40 must submit to their appropriate licensing board with each licensing or registration application or reapplication the results of a test for the presence of HIV-1 or HIV-2 viruses in them. The testing for the presence of these viruses must be conducted by the Department of Health and Environmental Control or another appropriate entity approved by the licensing board having jurisdiction over the applicant. All test results must remain confidential, except as otherwise provided in this section.
If the test results for any such health care provider are positive, the health care provider before he may come into physical contact with a patient, perform any invasive procedure on the patient, or come into contact with the patient's blood or blood to be used in the patient, must obtain the patient's consent to the treatment after informing the patient in writing that the health care provider has been tested positive for the HIV virus.
Any health care provider required to be tested under this section, who has been tested positive for the HIV virus and who does not obtain a patient's consent in the manner required by this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or by imprisonment for a term not exceeding three years for each violation. No violation of this section occurs if, in the opinion of a licensed physician other than that health care provider, the patient was incapable of providing the consent required by this section and was suffering from a serious life-threatening condition at the time the health care provider who has been tested positive for the HIV virus provided health care services covered by the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.