H*4649 Session 111 (1995-1996)
H*4649(Rat #0429, Act #0352 of 1996) General Bill, By J.S. Shissias, Davenport,
Gamble, J.L. Harris, Howard, H.G. Hutson, Jennings, W.D. Keyserling, Koon,
Limehouse, J.T. McElveen, McMahand, J.H. Neal, Richardson, Riser, Stille,
P.H. Thomas, D.C. Waldrop, Walker, J.M. White, H.G. Worley and D.A. Wright
Similar(S 1295)
A Bill to amend Title 44, Chapter 35, Code of Laws of South Carolina, 1976,
relating to cancer, to enact the Central Cancer Registry Act, so as to create
the South Carolina Central Cancer Registry and to provide for its purpose,
reporting requirements, and confidentiality; to authorize the Department of
Health and Environmental Control to provide aid to any cancer patient rather
than to indigent patients; and to establish the Cancer Control Advisory
Committee and provide for its powers and duties.
02/21/96 House Introduced and read first time HJ-11
02/21/96 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-11
04/10/96 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-4
04/11/96 House Read second time HJ-57
04/11/96 House Unanimous consent for third reading on next
legislative day HJ-57
04/12/96 House Read third time and sent to Senate HJ-2
04/16/96 Senate Introduced and read first time SJ-13
04/16/96 Senate Referred to Committee on Medical Affairs SJ-13
05/15/96 Senate Recalled from Committee on Medical Affairs SJ-10
05/15/96 Senate Read second time SJ-10
05/16/96 Senate Read third time and enrolled SJ-34
05/23/96 Ratified R 429
05/29/96 Signed By Governor
05/29/96 Effective date 05/29/96
06/06/96 Copies available
06/06/96 Act No. 352
(A352, R429, H4649)
AN ACT TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT
THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE
THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO
PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND
CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID
TO ANY CANCER PATIENT RATHER THAN TO INDIGENT
PATIENTS; AND TO ESTABLISH THE CANCER CONTROL
ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND
DUTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
Act citation
SECTION 1. This act may be cited as the "Central Cancer
Registry Act".
Central cancer registry and advisory committee created; purpose,
duties, reporting procedures
SECTION 2. Title 44, Chapter 35 of the 1976 Code is amended to
read:
"CHAPTER 35
Cancer
Section 44-35-5. Sections 44-35-10 through 44-35-100 may be cited as
the Central Cancer Registry.
Section 44-35-10. The Department of Health and Environmental
Control, in conjunction with hospitals and entities throughout the State,
shall formulate a plan for cancer prevention, detection, and surveillance
programs and for care of persons suffering from cancer to meet standards
of care set forth by nationally recognized and approved accrediting
bodies.
Section 44-35-20. (A) There is established the South Carolina Central
Cancer Registry and, to the extent funds are available, the Department of
Health and Environmental Control shall administer this as a statewide
population-based registry of cancer cases with a diagnosis date after
December 31, 1995.
(B) The purpose of the registry is to provide statistical information
that will reduce morbidity and mortality of cancer in South Carolina.
This information must be used to guide cancer control effort in the State
by assisting in prevention and early detection of cancer, extending the
life of the cancer patient, identifying high-risk groups or areas in the
State with cluster of cancer cases, and improving cancer treatment.
(C) The registry shall receive, compile, analyze, and make available
epidemiological and aggregate clinical cancer case information collected
from all health care providers who diagnose and/or treat cancer patients
in this State. The registry shall meet national standards of completeness
and timeliness of case reporting and quality of data. Annual reports of
aggregate cancer data must be provided to reporting facilities and
physicians in the State.
Section 44-35-30. (A) A provider who diagnoses and/or treats cancer
patients and does not report to a regional cancer registry shall report
specific case information to the registry in accordance with regulations
promulgated by the Department of Health and Environmental Control.
These regulations shall include, but are not limited to, the reportable case
listing, data elements to be collected, the content and design of forms and
reports required by this section, the procedures for disclosure of
information gathered by the registry, and other matters necessary to the
administration of this section. The regulations shall include these data
elements:
(1) complete demographic information;
(2) occupational and industrial information to the extent
available;
(3) date and confirmation of initial diagnosis;
(4) pathological information characterizing the cancer, including
cancer site and cell type, stage of disease, and initial treatment
information, to the extent available, in the medical record.
A provider participating in a regional registry is not required to report
to the Central Cancer Registry. Reporting providers must not incur
additional expense in providing information to the registry.
(B) Regional registries shall report data on behalf of providers in their
area to the Central Cancer Registry.
Section 44-35-40. Information that could identify the cancer patient
must be kept strictly confidential in accordance with the administrative
policy of the Department of Health and Environmental Control. This
information must not be open for inspection except by the individual
patient or the patient's authorized representative. Procedures for the
disclosure of confidential information to researchers for the purposes of
cancer prevention, control, and research must be promulgated in
regulations. The data release protocol developed in coordination with the
South Carolina Budget and Control Board, Office of Research and
Statistical Services, must be utilized by the registry to determine
appropriate use and release of cancer registry data.
Section 44-35-50. The registry shall coordinate, to the fullest extent
possible, with the State Budget and Control Board, Office of Research
and Statistical Services, for the complete, timely, and accurate collection
and reporting of cancer data.
Section 44-35-60. A provider or regional registry making a case report
or providing access to cancer case information to the registry is immune
from any civil or criminal liability that might otherwise be incurred or
imposed.
Section 44-35-70. The Department of Health and Environmental
Control may, to the extent of and within the available funds which may
be provided, acquire laboratories, hospitals, or other property, either real
or personal, by gift, purchase, devise or otherwise, as the department
considers advisable to afford proper treatment and care to cancer patients
in this State and to carry out the intent and purpose of this chapter.
Section 44-35-80. The Department of Health and Environmental
Control may furnish aid to cancer patients who are residents of this State
to the extent of and within the available funds as the department
considers proper. The department may administer this aid in any manner
which, in its judgment and with the approval of the Cancer Control
Advisory Committee, provided for in Section 44-35-90, will afford
greater benefit for the prevention, detection, and control of cancer
throughout the State.
Section 44-35-90. There is established within the Department of
Health and Environmental Control the Cancer Control Advisory
Committee. The department shall appoint the members of the committee
which must consist of qualified physicians, researchers, other experts
engaged professionally in cancer prevention and care in South Carolina,
and health care consumers. The committee shall advise and make
recommendations to the department about the formulation and
implementation of a comprehensive cancer prevention and control
program through its review of cancer control services throughout the
State. The committee shall:
(1) advise the department on professional issues pertaining to cancer
prevention, detection, care and surveillance;
(2) participate in the evaluation of cancer programs and services
offered through the department;
(3) serve as advocates for the poor and underserved patients through
support of the state-aid cancer clinics;
(4) assist the department in maintaining liaison with the community
and other health care providers; and
(5) advise the department on the administration of available funds
for the prevention, detection, care, and surveillance of cancer.
Section 44-35-100. The reporting requirements provided for in
Section 44-35-30 are suspended if adequate funding is not provided to
the Department of Health and Environmental Control."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1996. |