Current Status Introducing Body:House Bill Number:3710 Primary Sponsor:Smith Committee Number:27 Type of Legislation:GB Subject:Marriage license applicants, certain serologic testing Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Date Tabled:Apr 09, 1991 Computer Document Number:DKA/3170.AL Introduced Date:Mar 20, 1991 Last History Body:House Last History Date:Apr 09, 1991 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Smith Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3710 House Apr 09, 1991 Tabled in Committee 27
3710 House Mar 20, 1991 Introduced, read first time, 27
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE THAT WHEN APPLYING FOR A MARRIAGE LICENSE, THE APPLICANTS MUST PRESENT A CERTIFICATE STATING THAT EACH HAS BEEN GIVEN A SEROLOGIC TEST FOR VENEREAL DISEASE, HUMAN IMMUNODEFICIENCY VIRUS, RUBELLA, OTHER INFECTIOUS DISEASES, AND SICKLE CELL ANEMIA, AND THAT IF INFECTED WITH A VENEREAL OR INFECTIOUS DISEASE OTHER THAN HUMAN IMMUNODEFICIENCY VIRUS THAT THE PERSON IS NOT IN A STAGE OF THAT DISEASE WHICH IS OR MAY BECOME COMMUNICABLE, AND TO MAKE THE PROVISIONS RELATING TO REPORTING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-225. (A)(1) Each person who applies for a marriage license shall present to the judge of the probate court a certificate signed by a physician licensed pursuant to Chapter 47 of Title 40 or licensed in any state or United States territory to practice medicine and surgery, which states that the applicant for a marriage license has been given a standard serologic test for venereal diseases, including Human Immunodeficiency Virus (HIV) that causes Acquired Immunodeficiency Syndrome, and that, in the opinion of the physician, the applicant is not infected with a venereal disease or, if so infected, is not in a stage of that disease which is or may become communicable. The standard serologic test of both the man and woman applying for marriage license must be made within thirty days before the application for the license. If the applicant is unable to pay for the standard serologic test, the certificate may be obtained from the local health officer or county physician without charge, provided this provision shall not apply to the charge for serologic tests for sickle cell anemia under subsection (B) or for the counseling provided for in subsection (B).
(2) When the standard serologic test for syphilis is positive and both applicants are made aware that a syphilitic infection is present, a certificate may be issued and a marriage license granted to the applicant with syphilis who has been treated so as to render the disease noncommunicable by methods and treatment for a period of time as may be approved by the Department of Health and Environmental Control, provided the applicant signs an agreement to continue the treatment until cured or released for a period of observation.
(3) When the standard serologic test for HIV is positive and both applicants are made aware that antibodies or the virus are present, a certificate may be issued and a marriage license granted to the applicant with HIV. Counseling must be made available to the couple by the department at the couple's expense unless adequate state appropriations or federal aid is available for the cost of the counseling.
(B) The physician's certificate required of each person who applies for a marriage license must contain a provision stating that the applicant has been offered a standard serologic test for sickle cell anemia as well as counseling directed to inform the applicant that a carrier of the inheritable hemoglobin type of sickle cell anemia may convey to his offspring the sickle cell anemia trait or the disease sickle cell anemia. The cost of the serologic test for sickle cell anemia and the counseling must be paid by the applicant unless adequate state appropriations or federal aid is available for the cost of the test and the counseling. If there are no funds available, the charge to each applicant for the test and counseling provided by the Department of Health and Environmental Control or county board of health must not exceed one dollar.
(C) The certificate of each female applicant, except a female incapable of pregnancy, also must state that based upon the results of a standard serologic test the applicant has been found to be either immune or not immune to rubella and that the applicant has been counseled concerning the possibilities of birth defects occurring to children of mothers who contract rubella during the early stages of pregnancy and informed of the availability of immunization procedures to prevent the contraction of rubella.
(D) The certificate of the physician must be on a form to be provided and distributed by the Department of Health and Environmental Control or by the state health departments of other states having laws requiring a blood test before the marriage. The Department of Health and Environmental Control shall provide the appropriate forms within thirty days after the effective date of this section.
(E) The certificates must be filed by the judge of the probate court.
(F) Persons found by the standard serologic test provided in this section to be infected with a venereal or infectious disease is subject to the provisions of Section 44-29-90.
(G) A judge of the probate court who issues a marriage license to a person, who fails to present and file a certificate as required by this section, and an applicant for a marriage license or a physician who knowingly and wilfully makes a false statement in a certificate given by the physician under this section or a person who violates any provision of this section is guilty of a misdemeanor triable in magistrate's court. Upon conviction, the person must be imprisoned not more than thirty days or fined not more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor.