| Printed Page 2410, May 5 | Printed Page 2430, May 5 |

(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.

(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.

(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.

(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."

D. Section 20-7-290 of the 1976 Code is amended to read:

"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.

(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:

(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;

(2) to obtain treatment or other services or benefits for the child or the child's family;

(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or

(4) upon consent of a custodial parent or legal guardian.

Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

E. Section 20-7-510 of the 1976 Code is amended by adding:

"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."

F. Section 44-7-260 of the 1976 Code is amended by adding:

"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."

G. Section 44-49-40(c) of the 1976 Code is amended by adding:

"(11) Coordinate these matters relating to prenatal substance abuse:

(a) study of issues related to prenatal substance abuse;

(c) education of policymakers and other relevant professionals;

(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and

(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."

H. Section 44-53-140 of the 1976 Code is amended to read:

"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.

(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."

I. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:

"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."

"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."

K. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 8 of this act./

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MATTHEWS proposed the following Amendment No. 221 (GJK\21940SD.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:

The 1976 Code is amended by adding:

"Section 59-127-75. Of the funds distributed pursuant to the higher education formula of the Commission on Higher Education, the Felton-Laboratory School at South Carolina State University shall receive each year one hundred percent of the funds it would have received for that year under the Education Finance Act, under the Education Improvement Act, and under aid to school districts-fringe benefits, as if it were a special school district. The calculation of the amount of funds which the Felton-Laboratory School is entitled to receive each year shall be made by the Department of Education."/

Amend sections, totals and title to conform.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

At 12:30 P.M., Senator MARTIN assumed the Chair.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator DRUMMOND raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators DRUMMOND and HAYES spoke on the Point of Order.

The Acting PRESIDENT sustained the Point of Order.

Senator SETZLER asked unanimous consent to take up Amendment No. 222 for immediate consideration.

There was no objection.

Senator SETZLER proposed the following Amendment No. 222 (3362R122.NGS), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 427, Proviso 19.47, line 21, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER asked unanimous consent to take up Amendment No. 220 for immediate consideration.

There was no objection.

Senator SETZLER proposed the following Amendment No. 220 (S-EDUC\008.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18A., Commission on Higher Education, page 418, Proviso 18A.25, lines 13 and 14, by striking the proviso in its entirety:

\18A.25. (CHE: S.C. State University - Felton Lab) Of the fund appropriated to support the higher education formula, $300,000 shall be

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SALEEBY asked unanimous consent to take up Amendment No. 111 for immediate consideration.

There was no objection.

Senator SALEEBY proposed the following Amendment No. 111 (S-EDUC\012.SD), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 198, line 8 by:

COLUMN 7 COLUMN 8

STRIKING: 1,022,310860,072
INSERTING: 1,047,140 884,902

Amend sections, totals and title to conform.

Senator SALEEBY explained the amendment.

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

Senator ALEXANDER proposed the following Amendment No. 226 (JIC\5963AC.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

Notwithstanding any provision of law or the State Medicaid Plan, a person who is eligible to receive Medicaid services in a nursing home is

(1) the person who, because of injury or disease, is quadriplegic and ventilator-dependent; who requires twenty-four-hour care to support those body functions that are vital to maintain and sustain life including, but not limited to: respiratory integrity, bowel functions, urinary tract functions, weight shifting to prevent pressure sores, feeding, drinking, and transferring from the bed to provide mobility;

(2) the department has determined that:

(a) although nursing home care may be appropriate for this person, services provided outside of a nursing home will adequately sustain the person's life and provide a quality of life consistent with the person's potential, as determined by the department;

(b) the person demonstrates the potential for independent living, with minimal assistance;

(c) the person demonstrates the potential to contribute to his support, with appropriate life skills or occupational training;

(d) providing medicaid services to the person outside of a nursing home would result in a reduction in costs to the State Medicaid Program of at least twenty-five percent of the cost of nursing home care;

(e) all other requirements, as may be considered necessary by the department, are satisfactorily met.

The department must conduct periodic on-site reviews to determine that:

(1) the person's medical condition is not compromised by receiving services outside of a nursing home rather than in a nursing home;

(2) Medicaid funds are accounted for in accordance with applicable regulations and law;

(3) the person is making satisfactory progress toward maximizing his potential to achieve program goals;

(4) the person is achieving a satisfactory level of independence and quality of life that could not be improved by placement in a nursing home./

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator ALEXANDER moved that the amendment be adopted.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The ACTING PRESIDENT took the Point of Order under advisement.

The amendment was adopted.

Senators PEELER, LANDER and SHORT proposed the following Amendment No. 227 (DKA\4009AC.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

A. Section 14-1-206(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent for the State Office of Victim Assistance;

(6) 6.34 5.34 percent to the general fund.;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For

B. Section 14-1-207(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 20.42 percent for the State Office of Victim Assistance;

(5) 9.94 8.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents.;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved

| Printed Page 2410, May 5 | Printed Page 2430, May 5 |

This web page was last updated on Monday, June 29, 2009 at 2:10 P.M.