H*2608 Session 106 (1985-1986)
H*2608(Rat #0608, Act #0521 of 1986) General Bill, By T.F. Rogers,
M.O. Alexander, K.E. Bailey, L. Blanding, P. Evatt, J. Faber, P. Freeman,
M.S. Gulledge, Harvin, Hayes, J.R. Klapman, F.E. McBride, Patterson,
E.C. Stoddard and L.L. Taylor
A Bill to amend Title 44, Code of Laws of South Carolina, 1976, by adding
Chapter 40 so as to provide for an Agent Orange Information and Testing
Program in the Department of Health and Environmental Control to assist
resident veterans who served in the armed forces from 1959 through 1975 who
have been exposed to chemical agents and to amend Chapter 11, Title 25, by
adding Section 25-11-70 so as to require the Department of Veterans Affairs to
assist the South Carolina Agent Orange Advisory Council and the Department of
Health and Environmental Control in carrying out the Agent Orange Information
and Testing Program.
03/14/85 House Introduced and read first time HJ-1344
03/14/85 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1344
05/01/85 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-2768
05/08/85 House Read second time HJ-2976
05/09/85 House Read third time and sent to Senate HJ-3081
05/09/85 Senate Introduced and read first time SJ-2016
05/09/85 Senate Referred to Committee on Medical Affairs SJ-2016
04/22/86 Senate Committee report: Favorable with amendment
Medical Affairs SJ-2224
04/24/86 Senate Amended SJ-2304
04/24/86 Senate Read second time SJ-2304
04/24/86 Senate Unanimous consent for third reading on next
legislative day SJ-2304
04/25/86 Senate Read third time SJ-2339
04/25/86 Senate Returned SJ-2339
04/29/86 House Non-concurrence in Senate amendment HJ-2631
05/07/86 Senate Senate insists upon amendment and conference
committee appointed Sens. Macaulay, Ravenel, and
Pope SJ-2450
05/08/86 House Conference committee appointed T. Rogers, Freeman
& Blanding HJ-2904
06/05/86 Senate Conference report received SJ-3675
06/05/86 Senate Conference report adopted SJ-3680
06/05/86 House Conference report received HJ-3796
06/05/86 House Conference report adopted HJ-3802
06/05/86 House Ordered enrolled for ratification HJ-3803
06/05/86 Ratified R 608
06/12/86 Signed By Governor
06/12/86 Effective date 06/12/86
06/12/86 Act No. 521
06/20/86 Copies available
(A521, R608, H2608)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 40 SO AS TO PROVIDE FOR AN AGENT ORANGE INFORMATION AND TESTING PROGRAM
IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSIST RESIDENT VETERANS
WHO SERVED IN THE ARMED FORCES FROM 1959 THROUGH 1975 WHO HAVE BEEN EXPOSED TO
CHEMICAL AGENTS AND TO AMEND CHAPTER 11, TITLE 25, BY ADDING SECTION 25-11-70 SO
AS TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO ASSIST THE SOUTH CAROLINA
AGENT ORANGE ADVISORY COUNCIL AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL IN CARRYING OUT THE AGENT ORANGE INFORMATION AND TESTING PROGRAM.
Whereas, a large number of Vietnam era veterans were exposed to dioxin and other
toxic substances found in certain defoliants, herbicides, pesticides, and similar
chemical substances while serving in the armed forces of the United States; and
Whereas, it is a legitimate concern and responsibility of the State to provide
information and counseling services to those veterans who may have suffered
adverse health conditions as a result of possible exposure to these chemical
agents. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Agent Orange Information and Assistance Program
SECTION 1. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 40
Agent Orange Information and Assistance Program
Section 44-40-10. This act may be cited as the 'South Carolina Agent Orange
Information and Assistance Act'.
Section 44-40-20. As used in this chapter:
(1) 'Agent Orange' means the herbicide composed primarily of
trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D)
and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD).
(2) 'Chemical agent' means dioxin or other toxic substances found in certain
defoliants, herbicides, pesticides, and similar chemical substances or causative
agents.
(3) 'Council' means the South Carolina Agent Orange Advisory Council.
(4) 'Program' means the Agent Orange Information and Assistance Program.
(5) 'Veteran' means a person who is a resident of this State and who served
in the armed forces of the United States of America from the year 1959 through
the year 1975.
Section 44-40-30. There is created the South Carolina Agent Orange Advisory
Council to assist and advise the South Carolina Department of Health and
Environmental Control in its duties and functions as provided in this chapter and
to assist and advise the South Carolina Department of Veterans Affairs in its
duties and functions as provided in Section 25-11-70.
The council is composed of five voting members and five nonvoting ex officio
members. The voting members must be veterans who served in Vietnam, Cambodia,
Laos, or Thailand. Voting members are appointed by the Governor for terms of
four years and until their successors are appointed and qualify. The Governor
shall designate a chairman who shall serve for a term of two years. Vacancies
on the council are filled by appointment in the same manner as the original
appointment for the remainder of the unexpired term. Voting members of the
council are paid the usual per diem, mileage, and subsistence as provided by law
for members of boards, commissions, and committees.
The following shall serve as ex officio members without voting rights:
(1) One member of the Senate Medical Affairs Committee designated by its
chairman.
(2) One member of the House Medical, Military, Public and Municipal Affairs
Committee designated by its chairman.
(3) The Commissioner of the Department of Health and Environmental Control.
(4) The Director of Veterans Affairs or his designee.
(5) One faculty member of the Medical University of South Carolina with
expertise in a field relevant to the purpose of the council.
(6) One faculty member of the University of South Carolina with expertise in
a field relevant to the purpose of the council.
Section 44-40-40. There is established within the Health Hazard Evaluation
Unit of the Department of Health and Environmental Control an Agent Orange
Information and Assistance Program to be administered by the department with the
advice and assistance of the council. The department shall provide the council
with at least one staff person whose primary responsibility is to assist the
council and to coordinate the activities of the program within the department.
The department shall provide scientific information and other appropriate
technical assistance and administrative support as requested by the council.
With the advice of council, the program shall:
(1) seek out, study, evaluate, and provide information regarding
epidemiological, genetic, and other studies, investigations, and research that
pertain to use of chemical agents, including Agent Orange, and adverse health
conditions which may be associated with exposure to such agents;
(2) provide medical information to health professionals in the State
regarding the detection, diagnosis, and treatment of acute and chronic symptoms
which may be associated with exposure to chemical agents, including Agent Orange;
(3) monitor and report on the activites and policies of the United States
Government and other states relating to the exposure of veterans to chemical
agents, including Agent Orange;
(4) monitor existing programs for Vietnam veterans at the state or local
level to determine if adequate services and resources exist, identify additional
areas of concern, and make recommendations on behalf of Vietnam veterans to
address these needs;
(5) provide, in cooperation with the health facilities of the University of
South Carolina and the Medical University of South Carolina, genetic information,
screening, and counseling to veterans who have concerns regarding the possible
genetic effects which may be associated with exposure to chemical agents,
including Agent Orange;
(6) establish, promote, and maintain a public information service on Agent
Orange. The services shall include, but not be limited to, efforts to contact
Vietnam veterans who may have been exposed to Agent Orange;
(7) maintain a central state registry of information on Vietnam veterans in
South Carolina who may have been exposed to Agent Orange, dioxin, or other
chemical substances.The registry also shall include information obtained under
the provisions of Section 44-40-50.
Section 44-40-50. (A) At the request of a veteran, or his next of kin if the
veteran is deceased, who believes that he may have been exposed to chemical
agents, including Agent Orange, while serving in the armed forces of the United
States, any physician or other health care provider who has the primary
responsibility for treating the veteran must report the following information to
the program:
(1) symptoms of the veteran which may be related to exposure to a chemical
agent, including Agent Orange;
(2) diagnosis;
(3) methods of treatment prescribed;
(4) other information as determined by the program.
If there is no physician or other health care provider with the responsibility,
the hospital treating the veteran shall make the report. If there is no health
care provider or hospital treating the veteran, the veteran or his next of kin
may submit the report directly to the program.
(B) The identity of a veteran about whom information is received by the
program under this section is confidential information and may not be disclosed
without the consent of the veteran or his personal representative. Summary data
based on information received under this section is not confidential. No action
or proceeding, civil or criminal, shall lie against any health care provider or
hospital who provides information to the program pursuant to this section.
Section 44-40-60. With the cooperation of the Department of Health and
Environmental Control and the Department of Veterans Affairs, the council:
(1) shall make an annual report to the General Assembly containing:
(a) a comprehensive review and summary analysis of the scientific literature
on the effects of exposure to chemical agents, including Agent Orange;
(b) a summary of the activities undertaken to inform and assist veterans who
may have been exposed to chemical agents, including Agent Orange;
(c) a description and interpretation of the results of any study undertaken
pursuant to this chapter;
(d) other comments or recommendations the council considers appropriate.
(2) may hold hearings consistent with the purposes of this chapter.
To assist it in carrying out these functions, the council may contract for an
evaluation of the performance of the Department of Health and Environmental
Control and the Department of Veterans Affairs in implementing this chapter and
may contract for the compilation and editing of the annual report."
Department of Veterans Affairs to assist
advisory council
SECTION 2. Chapter 11 of Title 25 of the 1976 Code is amended by adding:
"Section 25-11-70. The Department of Veterans Affairs shall assist the
South Carolina Agent Orange Advisory Council and the Agent Orange Information and
Assistance Program at the Department of Health and Environmental Control in
carrying out the purposes of Chapter 40 of Title 44. The Department of Veterans
Affairs shall:
(1) refer veterans to appropriate state and federal agencies or other
available resources for treatment of adverse health conditions which may have
resulted from possible exposure to chemical agents, including Agent Orange;
(2) assist veterans in filing compensation claims for disabilities that may
have resulted from possible exposure to chemical agents, including Agent Orange;
(3) communicate the concerns of veterans related to exposure to chemical
agents, including Agent Orange, to appropriate state and federal officials.
The department may request that the attorney general represent a class of
individuals composed of veterans who may have suffered adverse health conditions
as a result of possible exposure to chemical agents, including Agent Orange, in
a suit for release of information relating to the exposure to these chemicals
during military service and for release of individual medical records."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |