Printed Page 7120, May 19
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Printed Page 7120, May 19
| Printed Page 7140, May 19
| The following was introduced:
H. 5222 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMEMORATING THE FORTIETH ANNIVERSARY OF BROWN VS. BOARD OF EDUCATION, THE LANDMARK UNITED STATES SUPREME COURT DECISION WHICH EFFECTIVELY ENDED RACIAL SEGREGATION IN THE NATION'S PUBLIC SCHOOLS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1418 -- Senators Lander, Setzler and Matthews: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.
The Concurrent Resolution was ordered referred to the Committee on
Invitations and Memorial Resolutions.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5223 -- Reps. Rudnick, Huff, Sharpe, R. Smith, Spearman and Stone: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR THE YEAR 1994.
Rep. RUDNICK moved to waive Rule 5.12, which was agreed to by a division vote of 12 to 0.
On motion of Rep. RUDNICK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Felder Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Haskins Hines
Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Worley Wright Young, R.STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, May 19. Lindsey O. Graham C. Lenoir Sturkie Curtis B. Inabinett James H. Harrison Merita A. Allison Douglas E. McTeer, Jr. Ronald P. Townsend Henry E. Brown, Jr. Annette Young Harry C. Stille Larry L. Koon Timothy F. Rogers Sandra S. Wofford Stephen E. Gonzales Lucille S. Whipper E.B. McLeod, Jr. Ralph W. Canty Alma W. Byrd Jerry N. Govan, Jr. Kenneth Kennedy Joseph T. McElveen, Jr. John J. Snow, Jr. C. Alex Harvin, III
Rep. WALKER recognized the Landrum High School "Cardinals" Boys Tract and Field team, their coaches and school officials, winners of the Class 1A track and field championship for 1994.
Announcement was made that Dr. William C. Gerard of Florence is the Doctor of the Day for the General Assembly.
Rep. RICHARDSON moved to reconsider the vote whereby the following Bill was tabled.
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
Rep. WORLEY moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bill was taken up.
H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE
Rep. MARCHBANKS raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement attached.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 5159 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO CORRECTION OF TERMINOLOGY INCONSISTENCIES REGARDING THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5163 -- Reps. J. Bailey and Holt: A BILL TO PROVIDE THAT THE APPOINTMENT AND BUDGETARY REVIEW POWERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION IN REGARD TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON- DORCHESTER TECHNICAL EDUCATION CENTER ARE DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.
The following Bill was taken up.
S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16095AC.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-7-325. (A) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty
(B) Except for those requests for medical records pursuant to Section 42-15- 95:
(1) A health care facility shall comply with a request for copies of a medical record no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later.
(2) Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient."
SECTION 2. Section 38-77-341(5) of the 1976 Code, as added by Act 148 of 1989, is amended to read:
"(5) charge for copies of medical records or other records provided more than fifty cents per page, except that a minimum charge of ten dollars for furnishing copies of these records is authorized to be charged by insurers or health care providers. A health care facility, as defined in Section 44- 7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search for and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION 3. Section 42-15-95 of the 1976 Code, as last amended by Act 476 of 1990, is further amended to read:
"Section 42-15-95. All existing information compiled by a treatment health care facility, as defined in Section 44-7-130, or a physician health care provider licensed pursuant to Title 40 pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request. The cost for receiving this information is fifty cents
SECTION 4. Section 44-115-80 of the 1976 Code, as added by Act 480 of 1992, is amended to read:
"Section 44-115-80. A physician may charge a fee of fifty cents a page or a minimum fee of ten dollars, plus actual postage costs, for making copies of existing medical records for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HOUCK explained the amendment.
Rep. HUTSON spoke against the amendment.
The amendment was then adopted.
Reps. HUTSON, CLYBORNE, WALDROP, STILLE, J. BROWN, VAUGHN, MOODY-LAWRENCE, STONE, CHAMBLEE, INABINETT, BYRD, NEAL, SCOTT, WHIPPER, BAKER, FULMER,
Amend the bill, as and if amended, Section 44-7-325(A), by deleting lines 34- 36, on page 48-1 and inserting /a medical record of twenty-five cents per page/.
Amend further, Section 38-77-341(5), by deleting lines 25-28, page 48-2 and inserting:
/the search for and duplication of a medical record of twenty-five cents per page and a clerical fee for/.
Amend further, Section 42-15-95, by deleting lines 12-14 on page 48-3 and inserting /record of twenty-five cents per page and a clerical fee/.
Amend further, Section 42-115-80, by deleting lines 36-39 on page 48-3 and inserting:
/and duplication of a medical record of twenty-five cents per page and a clerical fee for searching and/.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Breeland Brown, H. Byrd Carnell Chamblee Cobb-Hunter Govan Graham Harris, J. Harris, P. Harwell Hines Hodges Houck Inabinett Jennings Keyserling Kinon Klauber Lanford Marchbanks Martin Mattos McAbee McLeod McMahand Neilson Rhoad Richardson Riser Robinson Rogers Scott Sheheen Smith, D. Smith, R. Stoddard Trotter Tucker Waldrop Whipper
White Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Allison Bailey, J. Baker Barber Baxley Beatty Cato Davenport Delleney Fair Fulmer Gamble Gonzales Hallman Harrison Haskins Huff Hutson Keegan Kelley Kirsh Littlejohn Meacham Moody-Lawrence Neal Rudnick Simrill Stone Stuart Sturkie Thomas Vaughn Waites Walker Wells Wilkins
So, the amendment was tabled.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. BAXLEY moved that the House recur to the Morning Hour, which was agreed to.
Printed Page 7120, May 19
| Printed Page 7140, May 19
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