Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.3169 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:J. Brown All Sponsors:J. Brown Drafted Document Number:l:\council\bills\gjk\20114sd99.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Pregnant female, HIV counseling and testing consent form; Medical, Communicable diseases, Domestic Relations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990224 Recommitted to Committee 27 H3M House 19990223 Debate adjourned until Wednesday, 19990224 House 19990217 Committee report: Favorable 27 H3M House 19990112 Introduced, read first time, 27 H3M referred to Committee House 19990106 Prefiled, referred to Committee 27 H3M Versions of This Bill Revised on February 17, 1999 - Word format
COMMITTEE REPORT
February 17, 1999
H. 3169
S. Printed 2/17/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3169), to amend the Code of Laws of South Carolina, 1976, by adding Section 44-29-260 so as to provide that every pregnant female, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JOE E. BROWN, for Committee.
FIRST YEAR GENERAL FUNDS: $91,782
FIRST YEAR FEDERAL & OTHER FUNDS: $ 0
ANNUAL TOTAL THEREAFTER: $ 88,282
RECURRING NON-RECURRING
General Federal/Other General Federal/Other
Personal Service
& Employer
Contributions $44,505 0 0 0
FTE (1.00) 0 0 0
Operating Costs 28,777 0 3,500 0
Other: Printing
Required Forms 15,000 0 0 0
TOTAL $88,282 $0 $3,500 $0
EXPLANATION OF IMPACT:
The Department of Health & Environmental Control anticipates the need to provide health care professionals, professional and community organizations with educational materials and access to advice and support. Therefore, the department estimates that the costs associated with implementation of this bill would include one (1.00) full-time Senior Human Services Coordinator (@ $44,505) to provide training and technical assistance to develop or select appropriate educational materials for providers and clients, and assist in the coordination of follow-up referral services for HIV infected pregnant women and newborns. The cost of printing educational materials is estimated at $25,000. Operating expenses (including supplies, telephone and travel) are estimated to cost $3,777 annually. A one-time office set up cost (desk, chair, computer, etc.) is estimated at $3,500.
The bill does not specify who provides the required consent forms. If DHEC is required to print and distribute those forms, DHEC estimates printing costs at $15,000 annually. However, if the health care providers are required to provide the consent forms, the impact estimate could be reduced by that same amount (i.e. $15,000).
Approved By:
Les Boles
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-260 SO AS TO PROVIDE THAT EVERY PREGNANT FEMALE WHO INITIALLY CONSULTS A HEALTH CARE PROFESSIONAL MUST BE COUNSELED ABOUT THE HUMAN IMMUNODEFICIENCY VIRUS AND OTHER MATTERS RELATED THERETO, TO PROVIDE FOR THE MANNER IN WHICH ANY HIV TEST RESULTS MUST BE REPORTED, TO PROVIDE FOR THE MANNER IN WHICH THE RESULTS MAY BE RELEASED TO OTHER HEALTH CARE PROFESSIONALS, AND TO PROVIDE FOR AN HIV COUNSELING AND TESTING CONSENT FORM WHICH EVIDENCES THE FACT THAT THE MOTHER WAS OFFERED HIV TESTING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Maternal HIV Protection Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 44-29-260. (A) As used in this section:
(1) 'Department' means the South Carolina Department of Health and Environmental Control;
(2) 'Health care professional' means a physician, osteopath, nurse, lay midwife, or any other person authorized under the laws of this State to deliver infants or provide prenatal health care;
(3) 'HIV' means the human immunodeficiency virus;
(4) 'Health care facility' means a hospital as defined in Section 44-7-30.
(B) Every pregnant female who initially consults a health care professional in this State for care on or after the time the pregnancy has been diagnosed must be counseled, in a manner consistent with recommendations of the National Centers for Disease Control (CDC) or the department, about HIV, the risk of transmission of the virus to the fetus, treatment available to prevent transmission to the fetus, and must be offered the opportunity to receive a test for the presence of the HIV virus. Any child delivered under circumstances where the HIV status of the mother is undocumented must be immediately tested to determine the HIV status of the child.
(C) The results of any HIV test performed pursuant to this section must be made a permanent part of the patient's medical record, and positive results must be reported to the department as required by law.
(D) Test results obtained pursuant to this section may be released only to health care professionals attending a patient or a patient's newborn child, or both, or as authorized by the patient or the patient's legal representative or the newborn child's legal representative pursuant to Section 44-115-40. No health care professional and no agent or employee of a health care professional may be liable in any manner whatsoever for consequences of releasing information obtained pursuant to this section if the information is released to a health care professional attending the patient or the patient's newborn child, or both, or as authorized by the patient or the patient's legal representative or the newborn child's legal representative pursuant to Section 44-115-40.
(E) The following form must be completed by the health care professional or the health care professionals evidencing that the mother was offered HIV testing:
Patient:_______________________________________________
In accordance with Section 44-29-260, Code of Laws of South Carolina, 1976:
(1) I acknowledge that ______________________________ (Name of Health Care Provider)
has counseled me and provided me with information concerning:
(a) how HIV is transmitted;
(b) the benefits of testing for HIV;
(c) the benefits of knowing I have HIV (the AIDS) virus or not;
(d) the treatments which are available to me and my unborn child if I test positive; and
(2) I further acknowledge that it has been explained to me:
(a) that I have a right to refuse the test, and I will not be denied treatment based on the results of the test; and
(b) that if I refuse testing or my previous test results are unknown at delivery of my child, I understand that my newborn baby will be immediately tested for HIV.
I have consented to HIV testing ( )
I refuse HIV testing ( )
This record will be retained as a permanent part of the patient's medical record.
______________ ________________________________
Date Patient Signature
____________________
Witness
If the patient refuses to sign this form or to check a box pertaining to HIV testing, the health care provider must sign here:
________________________________
Physician or Other Health Care Provider
____________________
Witness
(F) The provisions of this section are in addition to, and do not alter or affect, the other provisions of this chapter including, but not limited to, the HIV reporting requirements.
(G) The Department of Health and Environmental Control may promulgate regulations necessary to implement this section."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.