A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80(A)(6) AND (B), RELATING TO APPLICATIONS FOR DRIVER'S LICENSE OR PERMIT, SO AS TO ALLOW AN APPLICANT TO VOLUNTARILY DISCLOSE HIS BLOOD TYPE.

 

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

 

SECTION 1.  Section 56-1-80 (A)(6) and (B) of the S.C. Code is amended to read:

 

    (A)(6) allow an applicant voluntarily to disclose a permanent medical condition or blood type, provided that the disclosure is made on a form prescribed by the department and includes a certification from a physician licensed in this State, as defined in Chapter 47, Title 40 that affirms the existence of the medical condition. Blood type shall not require affirmation from a physician. The medical condition or blood type must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.  The motor vehicle record of a driver may not contain more than three permanent medical conditions, excluding notation of the blood type, unless subitem (A)(8) applies;

 

    (B)(1) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition or blood type, as provided for in item (A)(6) or item (A)(8), must be made available, upon request only to:

           (a) law enforcement, emergency medical services, and hospital personnel;

           (b) the medical advisory board pursuant to Section 56-1-221;

           (c) permitted entities pursuant to the Driver Privacy Protection Act, 18 U.S.C.A. 2721;  and

           (d) the person to whom the records of the permanent medical condition applies.

       (2) The information contained on a driver's license and in the driver's department records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request only to:

           (a) law enforcement, emergency medical services, and hospital personnel;  and

           (b) the South Carolina Donor Referral Network, as provided for in Section 44-43-910.

       (3) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition or blood type, as provided for in item (A)(6) or item (A)(8), and pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), may not be sold and is exempt from disclosure pursuant to Chapter 4, Title 30, the South Carolina Freedom of Information Act.

 

SECTION 2.  This act takes effect six months after approval by the Governor.

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