H*4407(Rat #0480, Act #0418)  General Bill, By H.G. Hutson
 A Bill to amend Section 44-37-30, Code of Laws of South Carolina, 1976,
 relating to neonatal testing of children, so as to provide for storage
 requirements for blood samples used in these tests, future availability of
 these samples for testing, and confidentiality of information.

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/11/94  House  Introduced and read first time HJ-45
   01/11/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-45
   04/06/94  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-1
   04/20/94  House  Read second time HJ-59
   04/21/94  House  Read third time and sent to Senate HJ-28
   04/26/94  Senate Introduced and read first time SJ-35
   04/26/94  Senate Referred to Committee on Medical Affairs SJ-35
   05/09/94  Senate Committee report: Favorable Medical Affairs SJ-8
   05/11/94  Senate Read second time SJ-106
   05/12/94  Senate Read third time and enrolled SJ-27
   05/19/94         Ratified R 480
   05/24/94         Signed By Governor
   06/09/94         Effective date 05/24/94
   06/09/94         Copies available

AN ACT TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

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

Neonatal testing; storage and availability of blood samples for future tests; confidentiality

SECTION 1. Section 44-37-30 of the 1976 Code is amended to read:

"Section 44-37-30. (A) Every child born in this State shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies. The Department of Health and Environmental Control shall prescribe by regulation the tests to be performed, the persons and institutions responsible for obtaining necessary samples for the prescribed test, the procedures to be followed in testing and recording the results of the tests, methods and procedures for storage of the samples, and the provision of appropriate counseling and medical referral. Blood taken to perform these tests must be stored by the department at minus 20° centigrade and available for additional tests as the department prescribes by regulation.

(B) Information obtained pursuant to tests administered pursuant to this section is confidential and may be released only to the parents of the child, the child's physician, and the child when eighteen years of age or older.

(C) A person who violates this section or fails to comply with the regulations promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. Children of parents objecting to tests on religious grounds are not required to receive the tests."

Time effective

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

Approved the 24th day of May, 1994.