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Bill 4529

                    Current Status

Bill Number:                      4529
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000202
Primary Sponsor:                  Campsen
All Sponsors:                     Campsen, Easterday, Hamilton, Leach and 
                                  Loftis
Drafted Document Number:          l:\council\bills\nbd\11654ac00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Sexually transmitted diseases, 
                                  communicable; DHEC to notify parents of minors 
                                  with; Medical, Parental Medical Rights Act


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000202  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO ENACT THE SOUTH CAROLINA PARENTAL MEDICAL RIGHTS ACT INCLUDING PROVISIONS TO AMEND SECTION 44-29-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE PARENTS OF A MINOR WITH A KNOWN CASE OF A SEXUALLY TRANSMITTED DISEASE.

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

SECTION 1. This act may be cited as the "South Carolina Parental Medical Rights Act".

SECTION 2. Section 44-29-135 of the 1976 Code, as amended by Act 490 of 1988, is further 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 the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. 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 3. This act takes effect upon approval by the Governor.

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