S*0250(Rat #0105, Act #0075 of 2015)  General Bill, By Shealy, Lourie and Young

Similar(H 3514, H 3648)
 AN ACT TO AMEND SECTION 63-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING, IN PART, TO THE RIGHT OF CERTAIN MEDICAL PROFESSIONALS WITHOUT
 PARENTAL CONSENT TO PERFORM MEDICAL EXAMINATIONS ON AND RELEASE MEDICAL
 RECORDS ABOUT A CHILD WHO IS THE SUBJECT OF AN ABUSE OR NEGLECT REPORT, SO AS
 TO IDENTIFY TO WHOM PRIMARY CARE PHYSICIANS, CONSULTING PHYSICIANS, AND
 HOSPITAL FACILITIES MAY OR MUST RELEASE THE MEDICAL RECORDS; TO AMEND SECTION
 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT
 RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALLOW SOUTH
 CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE
 PROVIDERS TO HAVE ACCESS TO CERTAIN INFORMATION ABOUT INDICATED CASES AND TO
 REQUIRE THE DEPARTMENT TO SHARE INFORMATION RELATING TO AN INDICATED CASE WITH
 A CHILD'S PRIMARY OR SPECIALTY HEALTH CARE PROVIDER; AND TO AMEND SECTION
 63-7-2000, RELATING TO RETENTION OF RECORDS ON UNFOUNDED CASES OF REPORTED
 CHILD ABUSE OR NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT TO RELEASE A SUMMARY
 OF THE ALLEGATIONS AND INVESTIGATION OUTCOME TO SOUTH CAROLINA CHILDREN'S
 ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDERS. - ratified
 title

   12/10/14  Senate Prefiled
   12/10/14  Senate Referred to Committee on Judiciary
   01/13/15  Senate Introduced and read first time
                     (Senate Journal-page 154)
   01/13/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 154)
   02/13/15  Senate Referred to Subcommittee: Coleman (ch), Shealy, Turner
   04/15/15  Senate Committee report: Majority favorable, minority
                     unfavorable Judiciary (Senate Journal-page 11)
   04/29/15  Senate Amended (Senate Journal-page 53)
   04/29/15  Senate Read second time (Senate Journal-page 53)
   04/29/15  Senate Roll call Ayes-44  Nays-1 (Senate Journal-page 53)
   04/30/15  Senate Read third time and sent to House
                     (Senate Journal-page 7)
   05/05/15  House  Introduced and read first time (House Journal-page 18)
   05/05/15  House  Referred to Committee on Judiciary
                     (House Journal-page 18)
   05/20/15  House  Committee report: Favorable with amendment Judiciary
   05/26/15  House  Amended (House Journal-page 31)
   05/26/15  House  Read second time (House Journal-page 31)
   05/26/15  House  Roll call Yeas-86  Nays-0 (House Journal-page 33)
   05/27/15  House  Read third time and returned to Senate with
                     amendments (House Journal-page 9)
   06/02/15  Senate House amendment amended (Senate Journal-page 54)
   06/02/15  Senate Roll call Ayes-44  Nays-0 (Senate Journal-page 54)
   06/02/15  Senate Returned to House with amendments
                     (Senate Journal-page 54)
   06/04/15  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 10)
   06/04/15  House  Roll call Yeas-89  Nays-0 (House Journal-page 11)
   06/04/15         Ratified R 105
   06/08/15         Signed By Governor
   06/17/15         Effective date 06/08/15
   06/18/15         Act No. 75

(A75, R105, S250)

AN ACT TO AMEND SECTION 63-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE RIGHT OF CERTAIN MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT TO PERFORM MEDICAL EXAMINATIONS ON AND RELEASE MEDICAL RECORDS ABOUT A CHILD WHO IS THE SUBJECT OF AN ABUSE OR NEGLECT REPORT, SO AS TO IDENTIFY TO WHOM PRIMARY CARE PHYSICIANS, CONSULTING PHYSICIANS, AND HOSPITAL FACILITIES MAY OR MUST RELEASE THE MEDICAL RECORDS; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALLOW SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDERS TO HAVE ACCESS TO CERTAIN INFORMATION ABOUT INDICATED CASES AND TO REQUIRE THE DEPARTMENT TO SHARE INFORMATION RELATING TO AN INDICATED CASE WITH A CHILD'S PRIMARY OR SPECIALTY HEALTH CARE PROVIDER; AND TO AMEND SECTION 63-7-2000, RELATING TO RETENTION OF RECORDS ON UNFOUNDED CASES OF REPORTED CHILD ABUSE OR NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT TO RELEASE A SUMMARY OF THE ALLEGATIONS AND INVESTIGATION OUTCOME TO SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM CHILD ABUSE HEALTH CARE PROVIDERS.

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

Child abuse or neglect, release of medical records by health care providers without parental consent

SECTION    1.    Section 63-7-380 of the 1976 Code is amended to read:

"Section 63-7-380.    A person required to report under Section 63-7-310 may take, or cause to be taken, color photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, a physician may cause to be performed a radiological examination or other medical examinations or tests of the child without the consent of the child's parents or guardians. Copies of all photographs, negatives, radiological, and other medical reports must be sent to the department at the time a report pursuant to Section 63-7-310 is made, or as soon as reasonably possible after the report is made. Upon written request of the consulting care physician or the hospital facility and without consent of the child's parent or legal guardian, the primary care physician shall release the medical records, radiologic imaging, photos, and all other health information only to the consulting care physician and the hospital facility. The consulting care physician and the hospital facility only may release the records to law enforcement in accordance with the Health Insurance Portability and Accountability Act, 45 C.F.R. 164.512(b)."

Child abuse or neglect, access to indicated case records by child advocacy medical response system providers

SECTION    2.    Section 63-7-1990(B) of the 1976 Code is amended by adding:

"(24)    a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee for the evaluation of a child for suspected abuse or neglect."

Child abuse or neglect, access to information about indicated cases by child advocacy medical response system providers and certain medical professionals

SECTION    3.    Section 63-7-1990 of the 1976 Code is amended by adding:

"(N)    The department is authorized to provide a summary of referrals and the outcome of the referrals made to a contracted service agency or program addressing identified risks affecting the stability of the family to a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee.

(O)    The department shall notify and share information relating to the outcome of an indicated investigation or other contracted services and programs addressing identified risks affecting the stability of the family with the physicians involved in the ongoing primary or specialty health care of the child."

Child abuse or neglect, access to information about unfounded cases by child advocacy medical response system providers

SECTION    4.    Section 63-7-2000 of the 1976 Code is amended by adding:

"(F)    The department is authorized to release a summary of the allegations and outcome of an investigation for unfounded cases regarding a child and family to a South Carolina Children's Advocacy Medical Response System child abuse health care provider or his designee for evaluation of the child for suspected abuse or neglect."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2015.

Approved the 8th day of June, 2015.