S*703 Session 111 (1995-1996)
S*0703(Rat #0121, Act #0075 of 1995) General Bill, By Giese, Glover and
Passailaigue
Similar(H 3929)
A Bill to amend Title 44, Chapter 36, Article 1, as amended, Code of Laws of
South Carolina, 1976, relating to the statewide Alzheimer's Disease and
Related Disorders Registry, so as to revise the composition of the Advisory
Committee to the Registry, to provide for the duties of the Committee, to
revise the confidentiality provisions, and to provide immunity from
liability.-amended title
04/05/95 Senate Introduced and read first time SJ-8
04/05/95 Senate Referred to Committee on Medical Affairs SJ-8
04/26/95 Senate Committee report: Favorable Medical Affairs SJ-11
04/27/95 Senate Read second time SJ-25
05/01/95 Senate Read third time and sent to House SJ-41
05/02/95 House Introduced and read first time HJ-6
05/02/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
05/11/95 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-6
05/16/95 House Amended HJ-25
05/16/95 House Read second time HJ-25
05/17/95 House Read third time and returned to Senate with
amendments HJ-12
05/18/95 Senate Concurred in House amendment and enrolled SJ-45
06/06/95 Ratified R 121
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
08/10/95 Copies available
08/10/95 Act No. 75
(A75, R121, S703)
AN ACT TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND
RELATED DISORDERS REGISTRY, SO AS TO REVISE THE
COMPOSITION OF THE ADVISORY COMMITTEE TO THE
REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE,
TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO
PROVIDE IMMUNITY FROM LIABILITY.
Be it enacted by the General Assembly of the State of South
Carolina:
Alzheimer's Registry Advisory Committee, membership, procedures
revised; immunity provided
SECTION 1. Title 44, Chapter 36, Article 1 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Article 1
Alzheimer's Disease Registry
Section 44-36-10. (A) There is established within the University of
South Carolina School of Public Health the Alzheimer's Disease Registry
to provide a central information data base on individuals with
Alzheimer's disease or related disorders to assist in the development of
public policy and planning.
(B) The functions of the registry include, but are not limited to:
(1) collecting data to evaluate the prevalence of Alzheimer's disease
and related disorders in South Carolina;
(2) providing information for policy planning purposes; and
(3) providing nonidentifying data to support research on Alzheimer's
disease and related disorders.
(C) In gathering data the registry shall rely upon, to the extent
possible, data from existing sources; however, the registry may contact
families and physicians of persons reported to the registry for the purpose
of gathering additional data and providing information on available
public and private resources. Patient contact following data received
from the State Budget and Control Board Office of Research and
Statistics must be done in accordance with regulations approved by the
South Carolina Data Oversight Council and promulgated by the Office of
Research and Statistics.
Section 44-36-20. (A) The School of Public Health shall appoint an
advisory committee to assist in maintaining this registry which must
include, but is not limited to, a representative of:
(1) South Carolina Alzheimer's Association chapters;
(2) American Association of Retired Persons, South Carolina
Chapters;
(3) Clemson University;
(4) Department of Disabilities and Special Needs;
(5) Department of Health and Environmental Control;
(6) Department of Mental Health;
(7) Department of Social Services;
(8) Department of Health and Human Services;
(9) Medical University of South Carolina;
(10) National Association of Social Workers, South Carolina
Chapter;
(11) South Carolina Adult Day Care Association;
(12) South Carolina Association of Area Agencies on Aging;
(13) South Carolina Association of Council on Aging Directors;
(14) South Carolina Association of Nonprofit Homes for the
Aging;
(15) South Carolina Association of Residential Care Homes;
(16) South Carolina Health Care Association;
(17) South Carolina Home Care Association;
(18) South Carolina Hospital Association;
(19) South Carolina Medical Association;
(20) South Carolina Nurses' Association;
(21) Alzheimer's Disease and Related Disorders Resource
Coordination Center, Office of the Governor, Division on Aging;
(22) University of South Carolina;
(23) South Carolina State University.
(B) The advisory committee shall assist the registry in:
(1) defining the population to be included in the registry including,
but not limited to, establishing criteria for identifying patient subjects;
(2) developing procedures and forms for collecting, recording,
analyzing, and disseminating data;
(3) developing protocols and procedures to be disseminated to and
used by health care providers in identifying subjects for the registry;
(4) developing procedures for approving research projects or
participation in research projects.
(C) Members of the advisory committee are not entitled to mileage,
per diem, subsistence, or any other form of compensation.
Section 44-36-30. (A) The School of Public Health and all persons to
whom data is released shall keep all patient information confidential. No
publication of information, biomedical research, or medical data may be
made which identifies the patients. For purposes of maintaining this
registry, the School of Public Health may access appropriate confidential
data reported to the Office of Research and Statistics in accordance with
Section 44-6-170.
(B) Except for use in collecting data on deaths from the Bureau of
Vital Statistics, Department of Health and Environmental Control, no
identifying information collected or maintained by the registry may be
released unless consent is obtained from the subject or the subject's legal
representative.
Section 44-36-40. Neither the registry nor the School of Public Health
nor a person, medical facility, or other organization providing or
releasing information in accordance with this article may be held liable in
a civil or criminal action for divulging confidential information unless the
person or organization acted in bad faith or with malicious purpose.
Section 44-36-50. The registry shall submit an annual report to the
Office of the Governor, Division on Aging, Alzheimer's Disease and
Related Disorders Resource Coordination Center, the Department of
Health and Environmental Control, and the Budget and Control Board,
Division of Research and Statistics, Health Statistics."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995. |