S*1361(Rat #0551, Act #0457 of 1992)  General Bill, By Giese, I.E. Lourie and 
Reese
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter
 38, Title 44 so as to enact the South Carolina Head and Spinal Cord Injury
 Information System Act establishing the South Carolina Head and Spinal Cord
 Injury Information System which creates a central information surveillance and
 registry system, by establishing a Council to the System, to provide for the
 members of the Council and to provide for their powers and duties, to require
 reporting of certain patient information related to head and spinal cord
 injuries, to provide for confidentiality and procedures for obtaining release
 of information and consent, to provide penalties, to provide for an
 implementation date, to provide for the temporary placement and staffing of
 the System at the Interagency Office of Disability Prevention within the State
 Department of Mental Retardation, to provide that funding for the first two
 years must be provided by a grant from the Center for Disease Control received
 by the Interagency Office of Disability Prevention, and to direct the South
 Carolina Board of Medical Examiners to promulgate regulations for
 qualifications of a special class of license for retired physicians who wish
 to donate their services in underserved areas of the State.-amended title

   03/04/92  Senate Introduced and read first time SJ-14
   03/04/92  Senate Referred to Committee on Medical Affairs SJ-14
   04/28/92  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-32
   04/29/92  Senate Amended SJ-320
   04/29/92  Senate Read second time SJ-323
   04/30/92  Senate Read third time and sent to House SJ-29
   05/05/92  House  Introduced, read first time, placed on calendar
                     without reference HJ-16
   05/20/92  House  Debate adjourned until Thursday, May 21, 1992 HJ-63
   05/21/92  House  Amended HJ-42
   05/21/92  House  Read second time HJ-46
   05/21/92  House  Unanimous consent for third reading on next
                     legislative day HJ-46
   05/22/92  House  Read third time and returned to Senate with
                     amendments HJ-40
   05/27/92  Senate Concurred in House amendment and enrolled SJ-25
   06/04/92         Ratified R 551
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 457
   07/15/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION, AND TO DIRECT THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS FOR QUALIFICATIONS OF A SPECIAL CLASS OF LICENSE FOR RETIRED PHYSICIANS WHO WISH TO DONATE THEIR SERVICES IN UNDERSERVED AREAS OF THE STATE.

Whereas, the prevention of head and spinal cord injuries and the rehabilitation of survivors of head and spinal cord injuries is an investment which benefits all of society; and

Whereas, identifying survivors of these injuries is critical in developing systems to provide service delivery; and

Whereas, a mechanism to identify these individuals is needed; and

Whereas, a state registry would provide a proper and meaningful method of identification of head and spinal cord injured individuals. Now, therefore,

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

System created

SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-38-10. There is created the South Carolina Head and Spinal Cord Injury Information System to provide a central information surveillance system and registry for head and spinal cord injuries.

Section 44-38-20. As used in this chapter:

(1) `Council' means the South Carolina Head and Spinal Cord Injury Information System Council established pursuant to this chapter.

(2) `Head injury' means an insult to the skull or brain, not of a degenerative or congenital nature, but one caused by an external physical force that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning and possibly in behavioral or emotional functioning. It does not include cerebral vascular accidents and aneurysms.

(3) `Spinal cord injury' means an acute, traumatic lesion of neural elements in the spinal canal resulting in any degree of sensory deficit, motor deficit, or major life functions. The deficit or dysfunction may be temporary or permanent.

(4) `System' means the South Carolina Head and Spinal Cord Injury Information System established pursuant to this chapter.

Section 44-38-30. (A) There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Commissioner of the State Department of Mental Health, the Commissioner of the State Agency of the Department of Vocational Rehabilitation, the Commissioner of the State Department of Mental Retardation, the Commissioner of the South Carolina Department of Health and Environmental Control, the Executive Director of the South Carolina Health and Human Services Finance Commission, Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector.

(B) Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council.

Section 44-38-40. In carrying out the purposes of this chapter the council shall:

(1) determine and implement the most cost effective method:

(a) to collect, record, analyze, and disseminate data on the incidence and causes of head and spinal cord injuries;

(b) to gather such other data as needed from existing sources of the South Carolina Statewide Hospital Data System and the Trauma Registry of the Division of Emergency Medical Services;

(2) provide information for initiation of case management services and preventive programs for head and spinal cord injured persons in this State;

(3) develop and promote primary prevention programs related to preventing head and spinal cord injuries;

(4) perform other duties and functions as determined by the council to be necessary for implementation of this chapter.

Section 44-38-50. The council shall develop:

(1) reporting forms and procedures for reporting the information required by this chapter;

(2) a system to provide follow up to individuals entered in the registry;

(3) procedures for gathering information from other states in which a South Carolina resident may be admitted for a head or spinal cord injury, or both; and

(4) procedures for approving research projects or participation in research activities.

Section 44-38-60. (A) All reports and records made pursuant to this chapter and maintained by the system, any agency, hospital, institution, other facility, or person pursuant to this chapter are confidential and may not be disclosed under the Freedom of Information Act. Information must not be released except to:

(1) appropriate staff of the system;

(2) submitting hospitals or their designees;

(3) a person engaged in a research project approved pursuant to Section 44-38-50 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section;

(4) a member of the council except that no information identifying a subject of a report or a reporter may be made to the council unless consent is obtained pursuant to this section.

(B) The identity of a patient, physician, or hospital is confidential and may not be released, except that the identity of a patient may be released upon informed written consent of the patient, or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.

Section 44-38-70. The council shall submit an annual report to the Joint Committee to Study Problems of Persons with Disabilities including, but not limited to, the incidence and status of head and spinal cord injuries in South Carolina, the administration of the system and recommendations for modifications in the system, and for improving the delivery of services to persons with these injuries.

Section 44-38-80. No person, medical facility, or other organization providing or releasing information in accordance with this chapter may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.

Section 44-38-90. A person subject to this chapter who intentionally fails to comply with reporting or confidentiality and disclosure requirements of this chapter is subject to a civil penalty of not more than one hundred dollars for a violation the first time a person fails to comply and not more than five thousand dollars for a subsequent violation."

Operational date

SECTION 2. The South Carolina Head and Spinal Cord Injury Information System as established in Section 1 of this act must be fully operational by July 1, 1993.

Placement

SECTION 3. The South Carolina Head and Spinal Cord Injury Information System as established by Section 1 of this act is initially and temporarily placed within and staffed and administered by the Interagency Office of Disability Prevention currently located within the State Department of Mental Retardation. The South Carolina Head and Spinal Cord Injury Information System Council, with the assistance of the Interagency Office of Disability Prevention, shall evaluate and recommend to the Joint Committee to Study the Problems of Persons with Disabilities by July 1, 1993, the most appropriate permanent placement for the South Carolina Head and Spinal Cord Injury Information System.

Funding

SECTION 4. Funding for the first two years of the South Carolina Head and Spinal Cord Injury Information System must be provided by funds available to the Interagency Office of Disability Prevention through a Center for Disease Control grant.

Medical board regulations

SECTION 5. The South Carolina Board of Medical Examiners shall promulgate regulations, no later than November 1, 1992, outlining qualifications for the issuance of a special class of license for physicians who are retired from active practice and wish to donate their expertise for the care and treatment of needy patients or patients in underserved areas.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.