S 0212 General Bill, By Thomas
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-19-345 SO AS TO AUTHORIZE EACH SCHOOL DISTRICT TO ESTABLISH A VOLUNTARY
 DRUG TESTING PROGRAM FOR STUDENTS IN GRADES SIX THROUGH TWELVE WHEREBY SUCH
 STUDENTS, WITH THE CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS, MAY BE TESTED
 FOR DRUGS, TO PROVIDE THAT THE RESULTS OF THE TESTS, IF POSITIVE, SHALL BE
 COMMUNICATED TO THE CHILD AND HIS PARENTS OR GUARDIAN, BUT SHALL NOT BE
 REPORTED TO LAW ENFORCEMENT AUTHORITIES OR COURT OFFICIALS, AND NO LEGAL,
 JUDICIAL, OR SCHOOL DISCIPLINARY ACTION MAY BE TAKEN AGAINST THE CHILD, AND TO
 PROVIDE THAT THE DISTRICT SHALL OFFER AN IN-SCHOOL COUNSELING PROGRAM FOR
 CHILDREN WHOSE TEST RESULTS ARE POSITIVE OR REFERRAL INFORMATION FOR THE
 PURPOSE OF OBTAINING NONSCHOOL COUNSELING.

   12/16/98  Senate Prefiled
   12/16/98  Senate Referred to Committee on Education
   01/12/99  Senate Introduced and read first time SJ-81
   01/12/99  Senate Referred to Committee on Education SJ-81

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-345 SO AS TO AUTHORIZE EACH SCHOOL DISTRICT TO ESTABLISH A VOLUNTARY DRUG TESTING PROGRAM FOR STUDENTS IN GRADES SIX THROUGH TWELVE WHEREBY SUCH STUDENTS, WITH THE CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS, MAY BE TESTED FOR DRUGS, TO PROVIDE THAT THE RESULTS OF THE TESTS, IF POSITIVE, SHALL BE COMMUNICATED TO THE CHILD AND HIS PARENTS OR GUARDIAN, BUT SHALL NOT BE REPORTED TO LAW ENFORCEMENT AUTHORITIES OR COURT OFFICIALS, AND NO LEGAL, JUDICIAL, OR SCHOOL DISCIPLINARY ACTION MAY BE TAKEN AGAINST THE CHILD, AND TO PROVIDE THAT THE DISTRICT SHALL OFFER AN IN-SCHOOL COUNSELING PROGRAM FOR CHILDREN WHOSE TEST RESULTS ARE POSITIVE OR REFERRAL INFORMATION FOR THE PURPOSE OF OBTAINING NONSCHOOL COUNSELING.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 59-19-345. (A) For purposes of this section:

(1) 'Drug' means an illegal drug or a prescription or nonprescription medication.

(2) 'Drug test' means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's bodily fluids.

(3) 'Illegal drug' means any substance, other than alcohol, having psychological or physiological effects, or both, on a human being and that is not a prescription or nonprescription medication, including controlled dangerous substances and controlled substance analogies or volatile substances which produce the psychological or physiological effects, or both, of a controlled dangerous substance through deliberate inhalation.

(4) 'Prescription or nonprescription medication' means a drug prescribed for use by a duly licensed physician, dentist, or other medical practitioner licensed to issue prescriptions or a drug that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries.

(5) 'Specimen' means a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body.

(B) The board of trustees of each school district of this State may establish a voluntary drug testing program for students in grades six through twelve whereby any such student with the written consent of his parent or legal guardian may be tested for drugs. The manner of testing shall be prescribed by the district and all expenses associated with the testing shall be borne by the district.

(C) If any child tests positive for the presence of an illegal drug in his specimen, appropriate district personnel on a confidential basis shall inform the child in the presence of his parents or legal guardian of the test results. Notwithstanding any other provision of law, any positive test results shall not be reported to law enforcement authorities or court officials, and no legal, judicial, or school disciplinary action shall be taken against the child.

(D) The district, in conjunction with the parents or legal guardians of the child, shall offer an in-school counseling program for any child whose test results are positive or shall provide referral information for the purpose of obtaining nonschool drug or other appropriate counseling."

SECTION 2. This act takes effect upon approval by the Governor.