S 0970(Rat #0347)  General Bill, By Hutto
 AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO
 APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND
 TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
 CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A
 MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY
 SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING
 SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO
 REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN
 WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND
 SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS
 EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING
 ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE
 "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY
 ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE
 CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL
 PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE. - ratified title

   01/09/08  Senate Introduced and read first time SJ-6
   01/09/08  Senate Referred to Committee on Medical Affairs SJ-6
   02/13/08  Senate Committee report: Favorable Medical Affairs SJ-23
   02/14/08  Senate Read second time SJ-34
   02/14/08         Scrivener's error corrected
   02/19/08  Senate Read third time and sent to House SJ-9
   02/20/08  House  Introduced and read first time HJ-13
   02/20/08  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-13
   04/03/08  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-6
   04/09/08  House  Requests for debate-Rep(s). Rice, Mack, Loftis,
                     Hayes, Shoopman, Leach, GR Smith, JR Smith,
                     Davenport, Moss, Miller, Battle, Hosey, Clyburn,
                     Owens, Toole, Frye, Duncan, Haskins, and Sellers HJ-35
   04/10/08  House  Debate adjourned until Wednesday, April 16, 2008 HJ-51
   04/22/08  House  Debate adjourned until Wednesday, May 7, 2008 HJ-92
   05/07/08  House  Debate adjourned until Wednesday, May 21, 2008 HJ-26
   05/28/08  House  Amended HJ-206
   05/28/08  House  Read second time HJ-206
   05/28/08  House  Roll call Yeas-97  Nays-0 HJ-210
   05/28/08  House  Reconsidered HJ-227
   05/28/08  House  Amended HJ-227
   05/28/08  House  Read second time HJ-230
   05/28/08  House  Roll call Yeas-92  Nays-0 HJ-230
   05/29/08  House  Read third time and returned to Senate with
                     amendments HJ-39
   05/29/08  Senate Concurred in House amendment and enrolled SJ-175
   05/30/08         Scrivener's error corrected
   06/05/08         Ratified R 347
   06/11/08         Vetoed by Governor
   06/25/08  Senate Veto sustained Yeas-25  Nays-13
   06/25/08  Senate Reconsider vote whereby veto was sustained
   06/25/08  Senate Veto overridden by originating body Yeas-27  Nays-12
   06/25/08  House  Veto sustained Yeas-38  Nays-65

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R347, S970)

AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

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

Confidentiality of sexually transmitted disease records

SECTION    1.    Section 44-29-135 of the 1976 Code is amended to read:

"Section 44-29-135.    All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease or a bloodborne disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:

(a)    release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified;

(b)    release is made of medical or epidemiological information with the consent of all persons identified in the information released;

(c)    release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;

(d)    release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or

(e)    in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department."

Reporting required for transmission of blood or bodily fluids between students

SECTION    2.    Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-137.    A school nurse, or other school official, who knows of, or who has reason to believe, that there has been a transmission of blood or bodily fluids between or among students due to an incident occurring on school property or at a school-sponsored or school-sanctioned event shall report such incidents to the Department of Health and Environmental Control."

Definitions

SECTION    3.    Section 44-29-230(D) of the 1976 Code is amended to read:

(D)    For purposes of this section:

(1)    'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.

(2)    'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies, and persons providing care in accordance with the Good Samaritan Act.

(3)    'Bloodborne diseases' means Hepatitis B, Hepatitis C, or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.

(4)    'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:

(a)    nature of the risk;

(b)    duration of the risk;

(c)    severity of the risk;

(d)    probabilities the disease will be transmitted and will cause varying degrees of harm.

(5)    'Health care professional' means a physician, an epidemiologist, or infection control practitioner.

(6)    'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.

(7)    'Person providing care in accordance with the Good Samaritan Act' means a person who in good faith gratuitously renders emergency care at the scene of an accident or emergency, as provided for in Section 15-1-310."

Centers for Disease Control and Prevention recommendations on universal precautions for bloodborne disease exposure

SECTION    4.    Article 2, Chapter 10, Title 59 of the 1976 Code is amended by adding:

"Section 59-10-220.    By January 1, 2009, each school district shall adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for bloodborne disease exposure and shall communicate written notice of these procedures to each school within the district. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques."

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2008.

___________________________________________

Governor