South Carolina General Assembly
119th Session, 2011-2012

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Bill 445

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Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 26, 2011

S. 445

Introduced by Senators Hutto, Fair, Jackson and Ford

S. Printed 4/26/11--H.

Read the first time March 29, 2011.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (S. 445) 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 Title 63, the South Carolina Children's Code. 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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