H 4387 Session 112 (1997-1998)
H 4387 General Bill, By J. Brown, T. Brown, Canty, Knotts and W. McLeod
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS
FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF
ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE
ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE
GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
12/17/97 House Prefiled
12/17/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/13/98 House Introduced and read first time HJ-51
01/13/98 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-52
03/12/98 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-2
03/17/98 House Member(s) added as co-sponsor(s): Rep(s) Knotts HJ-10
03/17/98 House Amended HJ-26
03/18/98 House Read second time HJ-27
03/19/98 House Read third time and sent to Senate HJ-8
03/24/98 Senate Introduced and read first time SJ-9
03/24/98 Senate Referred to Committee on Medical Affairs SJ-9
05/27/98 Senate Committee report: Favorable Medical Affairs SJ-19
05/28/98 Senate Read second time SJ-47
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-47
COMMITTEE REPORT
May 27, 1998
H. 4387
Introduced by Reps. J. Brown, T. Brown, Canty, McLeod and Knotts
S. Printed 5/27/98--S.
Read the first time March 24, 1998.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (H. 4387), to amend the Code of Laws
of South Carolina, 1976, by adding Section 44-29-235 so as to
provide that the Department of Health and Environmental Control
shall establish a comprehensive program for the testing of newborns,
etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
WARREN K. GIESE, for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE
THAT THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL SHALL ESTABLISH A
COMPREHENSIVE PROGRAM FOR THE TESTING OF
NEWBORNS FOR THE PRESENCE OF THE HUMAN
IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF
ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS
PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT
UPON APPROPRIATION OF NECESSARY FUNDS BY THE
GENERAL ASSEMBLY IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the "South Carolina
Maternal HIV Protection Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 44-29-260. (A) As used in this section:
(1) 'Department' means the South Carolina Department of
Health and Environmental Control;
(2) 'Health care professional' means a physician, osteopath,
nurse, lay midwife, or any other person authorized under the laws of
this State to deliver infants or provide prenatal health care;
(3) 'HIV' means the human immunodeficiency virus;
(4) 'Health care facility' means a hospital as defined in Section
44-7-30.
(B) Every pregnant female who initially presents to a health care
professional in this State for care must be counseled, in a manner
consistent with recommendations of the National Centers for Disease
Control (CDC) or the department about HIV, the risk of transmission
of the virus to the fetus, treatment available to prevent transmission
to the fetus, and must be offered the opportunity to receive a test for
the presence of the HIV virus. Any child delivered under
circumstances where the HIV status of the mother is undocumented
must be immediately tested to determine the HIV status of the child.
(C) The results of any HIV test performed pursuant to this article
must be made a permanent part of the patient's medical record, and
positive results must be reported to the department as required by
law.
(D) Test results obtained pursuant to this article may only be
released to health care professionals attending a patient or a patient's
newborn child, or both, or as authorized by the patient or the patient's
legal representative or the newborn child's legal representative
pursuant to Section 44-115-40. No health care professional and no
agent or employee of a health care professional may be liable in any
manner whatsoever for consequences of releasing information
obtained pursuant to this section if the information is released to a
health care professional attending the patient or the patient's newborn
child, or both, or as authorized by the patient or the patient's legal
representative or the newborn child's legal representative pursuant to
Section 44-115-40.
(E) The following form must be completed by the health care
professional or the health care professionals evidencing that the
mother was offered HIV testing:
South Carolina HIV Counseling
and Testing Consent Form
Patient:______________________________
In accordance with Section 44-29-260 of the Code of Laws of South
Carolina, 1976:
(1) I acknowledge that _____________________________ has
(Name of Health Care Provider)
counseled me and provided me with information concerning:
(a) how HIV is transmitted;
(b) the benefits of testing for HIV;
(c) the benefits of knowing I have HIV (the AIDS) virus or not;
(d) the treatments which are available to me and my unborn
child if I test positive; and
(2) explained to me:
(a) that I have a right to refuse the test, and I will not be denied
treatment based on the results of the test; and
(b) that if I refuse testing or my previous test results are
unknown at delivery of my child, I understand that my newborn baby
will be immediately tested for HIV.
I have consented to HIV testing ( )
I refuse HIV testing ( )
This record will be retained as a permanent part of the patient's
medical record.
_____________ ____________________
Date Patient Signature
____________________
Witness
If the patient refuses to sign this form or to check a box pertaining to
HIV testing, the health care provider must sign here:
____________________
Physician or Other
Health Care Provider
____________________
Witness
(F) The provisions of this section are in addition to, and do not
alter or affect, the provisions of this chapter including, but not limited
to, the HIV reporting requirements.
(G) The Department of Health and Environmental Control may
promulgate regulations necessary to implement this section."
SECTION 3. This act takes effect upon approval by the Governor.
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