Bill 4136

                    Current Status

Bill Number:                    4136
Ratification Number:            381
Act Number:                     321
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950420
Primary Sponsor:                Judiciary Committee HJ 25
All Sponsors:                   Judiciary Committee
Drafted Document Number:        PT\1944AC.95
Companion Bill Number:          3744
Date Bill Passed both Bodies:   19960508
Date of Last Amendment:         19960502
Governor's Action:              S
Date of Governor's Action:      19960520
Subject:                        HIV testing reports

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960530  Act No. A321
------  19960520  Signed by Governor
------  19960514  Ratified R381
House   19960508  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960503  Read third time, returned to House
                  with amendment
Senate  19960502  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19960503
Senate  19960416  Committee report: Favorable with         13 SMA
                  amendment
Senate  19950518  Introduced, read first time,             13 SMA
                  referred to Committee
House   19950518  Read third time, sent to Senate
House   19950517  Amended, read second time
House   19950426  Objection by Representative                      Tripp
                                                                   Easterday
House   19950426  Objection withdrawn by Representative            Simrill
                                                                   Robinson
House   19950426  Objection by Representative                      Simrill
                                                                   Fair
                                                                   Trotter
                                                                   Marchbanks
                                                                   Rice
                                                                   Robinson
                                                                   Harrison
                                                                   Cromer
                                                                   Jennings
                                                                   Shissias
                                                                   Huff
House   19950426  Amended
House   19950420  Introduced, read first time

(A321, R381, H4136)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL, AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT; AND BY ADDING SECTION 44-29-240 SO AS TO PROVIDE THAT A PERSON ON WHOM AN INVASIVE PROCEDURE IS TO BE PERFORMED IS ENCOURAGED TO KNOW OR TO HAVE HIS BLOOD TESTED TO DETERMINE HIS HIV STATUS AND TO DISCLOSE THIS STATUS TO THE HEALTH PROFESSIONALS RENDERING CARE.

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

Person receiving positive HIV results is not required to report themselves and anonymous laboratory reporting required

SECTION 1. The 1976 Code is amended by adding:

"Section 44-29-250. Notwithstanding any other provision of this chapter or a regulation promulgated under this chapter, a person who collects and anonymously submits a sample of the person's own body fluid or tissue for Human Immunodeficiency Virus (HIV) infection testing is not required to report a positive test result, and the test results are confidential. However, the person or laboratory performing the test on an anonymous sample shall report a positive HIV infection test result to the Department of Health and Environmental Control, as well as certification to the Department of Health and Environmental Control that counseling options, including community-based resources, and referrals to appropriate medical providers have been made or offered to the positive subject, but the report must not contain any information identifying the subject of the report or any information that may lead to the identification of the subject of the report."

Persons encouraged to know HIV status before invasive procedures

SECTION 2. The 1976 Code is amended by adding:

"Section 44-29-240. A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, is encouraged to know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, is encouraged to have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of May, 1996.