H 4382 Session 111 (1995-1996)
H 4382 General Bill, By Harrison, Allison, R.J. Herdklotz, Jennings, Riser and
W.J. Young
A Bill to amend Section 20-4-60, Code of Laws of South Carolina, 1976,
relating to orders for protection from domestic abuse, so as to conform the
statement pertaining to criminal violations required in such an order to an
increase in the criminal penalty for this offense.
12/20/95 House Prefiled
12/20/95 House Referred to Committee on Judiciary
01/09/96 House Introduced and read first time HJ-72
01/09/96 House Referred to Committee on Judiciary HJ-72
03/20/96 House Committee report: Favorable Judiciary HJ-10
03/21/96 House Read second time HJ-33
03/21/96 House Unanimous consent for third reading on next
legislative day HJ-34
03/22/96 House Read third time and sent to Senate HJ-2
03/26/96 Senate Introduced and read first time SJ-25
03/26/96 Senate Referred to Committee on Judiciary SJ-25
04/17/96 Senate Committee report: Favorable Judiciary SJ-16
04/23/96 Senate Read second time SJ-38
04/23/96 Senate Ordered to third reading with notice of
amendments SJ-38
05/22/96 Senate Amended SJ-18
05/22/96 Senate Read third time and returned to House with
amendments SJ-18
05/28/96 House Point of order-Senate amendments not printed and
on members' desks for 24 hours HJ-113
05/29/96 House Continued HJ-228
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 22, 1996
H. 4382
Introduced by REPS. Harrison, Herdklotz, J. Young, Jennings, Riser
and Allison
S. Printed 5/22/96--S.
Read the first time March 26, 1996.
A BILL
TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION
FROM DOMESTIC ABUSE, SO AS TO CONFORM THE
STATEMENT PERTAINING TO CRIMINAL VIOLATIONS
REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE
CRIMINAL PENALTY FOR THIS OFFENSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-4-60(b) of the 1976 Code is amended
to read:
"(b) Every order of protection issued pursuant to this
chapter shall conspicuously bear the following language: `Violation
of this order is a criminal offense punishable by thirty days in jail
or a fine of two five hundred dollars or may
constitute contempt of court punishable by up to one year in jail
and/or or a fine not to exceed fifteen hundred
dollars, or both'."
SECTION 2. Title 20 of the 1976 Code is amended by adding:
"CHAPTER 6
Assessment and Intervention in the
Perinatal Effects of Alcohol,
Controlled Substances, and Cigarettes
Section 20-6-10. It is the policy of this State that:
(1) Prevention of harm to the fetus is the primary objective of
this State and its subdivisions in formulating programs and policies
to address the use of alcohol or other drugs during pregnancy.
(2) Programs and policies to address the use of alcohol or other
drugs during pregnancy should concentrate on measures that
improve the individual's ability to act responsibly. Punitive or
coercive measures should be used only as a last resort.
(3) Prenatal harm can be caused by exposure to various drugs,
including alcohol, and is often a result of multiple exposures as well
as other influences, such as poor maternal health, malnutrition, and
lack of prenatal care. The most effective way to prevent this harm
is to improve the overall well-being and the self-esteem of women.
Efforts to prevent prenatal harm should utilize innovative strategies
aimed at the broad range of factors contributing to harm associated
with prenatal substance abuse. New models of service delivery
should be developed to increase the utilization of available services,
using outreach and community-based services as means for
identifying and serving the target population.
(4) The use of alcohol and other drugs by women places them
at risk for the development of numerous physical and psychological
problems. Women whose physical or psychological health is
compromised have diminished capacity to care for themselves and
their families as well as to participate meaningfully in the
community in which they live. Alcohol and other drug abuse
isolates women from the institutions of society which support the
building and maintenance of self-respect and healthy relationships.
Progress and policies of the State and its subdivisions should seek
to promote health-enhancing behaviors in women and to develop
treatment programs which improve the capacity of women to
function fully within their communities.
(5) Prevention, treatment, rehabilitation, and support services for
alcohol and other drug abuse, which reflect the unique needs of
pregnant women, should be accessible and available to these
women. Public and private funds and resources should be identified
to implement model intervention programs. Providers of alcohol or
drug treatment services must not discriminate against pregnant
women or women of childbearing age in providing these services.
Pregnant women should be given priority access to treatment
services for alcohol or drug dependency.
(6) Adequate prenatal care, through the public and private
sectors, should be available and accessible for every pregnant
woman. In order to avoid deterring pregnant substance abusers
from obtaining prenatal care at the earliest possible time, the
privacy of the physician-patient relationship should be protected.
(7) All men and women of childbearing age should be educated
about the physical, emotional, and medical effects of alcohol and
other drug use during pregnancy. Appropriate educational materials
and programs should be developed for use in schools. Educational
efforts should emphasize prevention.
(8) All agencies with functions related to use of alcohol or other
drugs by pregnant women, including health, social services,
corrections, and law enforcement agencies, shall develop plans and
interagency policies for coordination of services and resources.
These plans and policies should provide for a continuum of services
to prevent harm caused by prenatal exposure to alcohol or other
drugs. They should include innovative strategies that take into
consideration social conditions likely to affect the success of
prevention or treatment initiatives, including housing, child care,
transportation, and job training specific to women's needs.
(9) Health, social services, and educational agencies shall
develop plans and interagency policies for coordination of services
and resources to meet the special needs of children who have been
harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or
local agencies or providers of services, must be broadly construed
to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented
through the cooperative efforts of state, county, and municipal
legislative, judicial, and executive branches, as well as other public
and private resources. Where resources are limited, services must
be targeted to have the greatest impact on preventing harm
associated with prenatal exposure to alcohol or other drugs.
Section 20-6-20. A physician licensed in South Carolina who
provides obstetrical or gynecological care to a patient who is
pregnant shall counsel the patient on the perinatal effects of
smoking cigarettes, the use of alcohol, and the use of a controlled
substance as defined in Section 44-53-110, as well as other risk
factors appearing to be present in the patient's life. A physician
may fulfill this obligation by causing a nurse, social worker, or
other allied health professional to provide the required counseling.
A statement evidencing that this counseling has been provided and
signed by the patient or by the person giving this counseling must
be maintained as part of that patient's medical records.
Section 20-6-30. The South Carolina Department of Health and
Environmental Control, in cooperation with the South Carolina
Commission on Alcohol and Drug Abuse, shall develop and provide
educational programs and materials to physicians who provide
obstetrical or gynecological care, to other health care providers who
provide services for pregnant women, to hospitals, and to other
appropriate persons and entities. This information must include, but
is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances
on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition
and domestic violence, interact with substance abuse to affect fetal
outcome;
(3) what services are available for addicted or substance-abusing
women and their families;
(4) the harm done to fetuses from drug use by the mother; and
(5) the law relating to drug use during pregnancy-including the
provisions of this chapter.
Section 20-6-40. The South Carolina Commission on Alcohol
and Drug Abuse shall establish and maintain a toll-free information
line to provide information on resources for substance abuse and to
assist with referral for substance-abusing pregnant women.
Section 20-6-50. A pregnant woman referred for substance abuse
treatment must receive first priority for use of available treatment.
All records and reports regarding the pregnant woman are
confidential. The South Carolina Commission on Alcohol and Drug
Abuse shall ensure that family-oriented substance abuse treatment is
available, as appropriations allow. Substance abuse treatment
facilities that receive public funds may not refuse to treat a woman
solely because she is pregnant.
Section 20-6-60. (A) A physician or health care provider, upon
identification of a woman with a high risk pregnancy due to the
abuse of alcohol or a controlled substance or whose newborn child
reasonably appears to have been exposed to alcohol or controlled
substances in utero, shall inform the woman of the availability of
services offered by substance abuse programs and the option of
referral to the South Carolina Commission on Alcohol and Drug
Abuse Office of Women's Services.
(B) Upon consent by a woman identified in accordance with
subsection (A) the physician or health care provider shall within
seventy-two hours of making the identification make a referral to
the South Carolina Commission on Alcohol and Drug Abuse Office
of Women's Services. The commission's toll-free information line
and any other reasonable means may be used for this purpose.
(C) Any individual providing a government service to a woman
identified in accordance with subsection (A) may refer the woman,
with the woman's consent, to the South Carolina Commission on
Alcohol and Drug Abuse Office of Women's Services. The
commission's toll-free information line and any other reasonable
means may be used for this purpose.
(D) The South Carolina Commission on Alcohol and Drug
Abuse Office of Women's Services promptly must refer each
woman referred in accordance with subsections (B) or (C) to a
substance abuse program licensed by the Department of Health and
Environmental Control and chosen by the woman, or if the woman
does not choose a substance abuse program licensed by the
Department of Health and Environmental Control, to the county
drug and alcohol abuse authority in the county in which the woman
resides. This substance abuse program or county drug and alcohol
abuse authority must provide assessment and interdisciplinary
treatment to each woman for whom a referral is made in accordance
with subsections (B) or (C), and must report to a physician or other
health care provider treating the woman the failure of the woman to
comply with any reasonable plan of assessment or treatment
prescribed by the substance abuse program or the county drug and
alcohol abuse authority.
(E) Nothing in this section shall preclude a physician or other
mandated reporter from reporting abuse or neglect of a child as
required pursuant to Section 20-7-510. Nothing in this section shall
preclude or interfere with voluntary admission to a drug treatment
facility or emergency drug treatment pursuant to Chapter 52 of Title
44.
(F) A physician, health care provider, or other individual
providing a government service who in good faith substantially
complies with this section is immune from any civil liability that
otherwise might result by reason of this compliance.
(G) Referral and associated documentation resulting from
compliance with this section is confidential and may not be used in
any criminal prosecution.
(H) The consent required by subsections (B) and (C) is
considered a waiver of confidentiality solely for the purpose of
making the report pursuant to subsections (B) and (C)."
SECTION 3. Section 20-7-290 of the 1976 Code is amended to
read:
"Section 20-7-290. (A) Health services of any
kind may be rendered to minors a minor of any age
without the consent of a parent or legal guardian when, in the
judgment of a person authorized by law to render a particular health
service, such the services are deemed
considered necessary unless such involves the
services involve an operation which shall may
be performed only if such it is essential to the
health or life of such child the minor in the opinion
of the performing physician and a consultant physician if one is
available.
(B) A physician providing care for a newborn child may
order testing for alcohol and other drugs without the consent of a
parent or legal guardian if the testing is medically necessary to
protect the health of the newborn child in the opinion of the
performing physician. Consent from the mother should be sought
before testing, if practicable.
(C) Information obtained from the drug or alcohol testing
performed on a newborn must not be disclosed in a manner that
would identify the child or parents to anyone other than the child's
parents or guardian, except:
(1) to make a report pursuant to Section 20-7-510 and to
cooperate with an investigation pursuant to such report;
(2) to obtain treatment or other services or benefits for the
child or the child's family;
(3) as may be permitted by Section 44-53-140 pursuant to
Chapter 52 of Title 44; or
(4) upon consent of a custodial parent or legal guardian.
Any person who discloses such information except as authorized
in this section is guilty of a misdemeanor and, upon conviction,
must be fined not more than five hundred dollars or imprisoned not
more than one year, or both."
SECTION 4. Section 20-7-510 of the 1976 Code is amended by
adding:
"(D) A person is not required to report based on positive
results of drug or alcohol testing performed on a newborn unless
the test results combine with one or more other factors, such as the
infant's home or family situation or condition, to give the reporter
reason to believe that a child's physical or mental health or welfare
may be affected adversely by abuse or neglect while in the care of a
parent, legal guardian, or custodian."
SECTION 5. Section 44-7-260 of the 1976 Code is amended by
adding:
"(F) No facility or service that provides diagnostic,
treatment, or rehabilitative services related to the abuse of alcohol
or other drugs may refuse to provide these services to a woman
solely because the woman is pregnant. Pregnant women must be
given priority access to these services. Diagnostic, treatment, or
rehabilitative services must be provided in accordance with accepted
professional standards applicable to the treatment of abuse of
alcohol or other drugs in pregnant women. All treatment providers
must ensure that family-oriented substance abuse treatment is
available, as resources may allow."
SECTION 6. Section 44-49-40(c) of the 1976 Code is amended
by adding:
"(11) Coordinate these matters relating to prenatal
substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policymakers and other relevant
professionals;
(d) identification of grants and other private funding sources
and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions
relating to the use of alcohol and other drugs during
pregnancy."
SECTION 7. Section 44-53-140 of the 1976 Code is amended
to read:
"Section 44-53-140. (A) Whenever
When a holder of the privilege shall seek
seeks counselling, treatment, or therapy for any
a drug problem from a confidant, no statement made by
such the holder and no observation or conclusion
derived from such by the confidant shall be
is admissible against such the holder in any
proceeding. The results of any an examination to
determine the existence of illegal or prohibited drugs in a holder's
body shall are not be admissible in any
proceeding against such the holder. The privilege
belongs to the holder and if he the holder waives
the right to claim the privilege the communication between the
holder of the privilege and the confidant shall be is
admissible in evidence in any proceeding. There is no privilege if
the services of a confidant are sought to enable the holder of the
privilege to commit or plan to commit a crime or a tort.
(B) When a person seeks prenatal care from a licensed
health care provider, no statement made by the person and no
observation or conclusion of the health care provider is admissible
against the person in any proceeding. The results of an examination
to determine the existence of alcohol or other drugs in the person's
body or in the body of the newborn child of the person are not
admissible in any proceeding against the person. However, the
provider may release that information necessary to bring about the
commitment of the person for alcohol or drug treatment pursuant to
Section 44-52-110, where the release is consistent with professional
standards of care. The provider also may release information
necessary to judicial proceedings that are initiated by the
Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by
the person."
SECTION 8. Section 59-32-20 of the 1976 Code is amended by
adding a new paragraph at the end of the section to read:
"All school districts shall develop and include in their drug
and alcohol education programs in grades one through twelve, age
appropriate drug education curricula concerning the physiological
effects and problems before and after birth caused by the use of
cigarettes, alcohol, and controlled substances."
SECTION 9. Section 59-32-30(A) of the 1976 Code is amended
by adding at the end:
"(7) Where appropriate to the students' age group, a
program of instruction in reproductive health education or substance
use or abuse must include instruction concerning the effects of the
use and abuse of cigarettes, alcohol, and controlled substances on
persons of reproductive age, pregnant women, and fetuses."
SECTION 10. The South Carolina Commission on Alcohol and
Drug Abuse shall ensure that a staff position is designated to carry
out the functions required by Section 44-49-40(c)(11) of the 1976
Code as added by Section 6 of this act.
SECTION 11. This act takes effect upon approval by the
Governor.
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