Current Status Bill Number:1295 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960326 Primary Sponsor:Wilson All Sponsors:Wilson, Moore and Giese Drafted Document Number:pfm\9142ac.96 Companion Bill Number:4649 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Central Cancer Registry Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960402 Introduced, read first time, 27 H3M
referred to Committee
Senate 19960328 Read third time, sent to House
Senate 19960327 Read second time
Senate 19960326 Introduced, read first time,
placed on Calendar without reference
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 26, 1996
S. 1295
S. Printed 3/26/96--S.
Read the first time March 26, 1996.
TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Central Cancer Registry Act".
SECTION 2. Title 44, Chapter 35 of the 1976 Code is amended to read:
Section 44-35-5. Sections 44-35-10 through 44-35-120 may be cited as the Central Cancer Registry.
Section 44-35-10. The Department of Health and Environmental Control, in conjunction with hospitals and entities throughout the State, shall formulate a plan for the care and treatment of indigent persons suffering from cancer and shall establish and designate standard requirements for the organization, equipment and conduct of cancer units or departments in general hospitals of this State. The Department shall consult with physicians and with such other experts or nonexperts wherever located as it may deem proper with a view to carrying out the purposes of this chapter and with a view to establishing a minimum standard for the conduct and equipment of cancer units or departments in general hospitals in such parts or districts of the State as may, in the opinion of the Department, be deemed most advantageous to the public health cancer prevention, detection, and surveillance programs and for care of persons suffering from cancer to meet standards of care set forth by nationally recognized and approved accrediting bodies.
Section 44-35-20. To provide adequate means of examination, care and treatment of persons suffering with cancer in this State and who are not financially able to provide the same for themselves and in order that this State may participate in the nation-wide effort to determine the cause and develop more efficient methods of treatment and control of cancer and provide its citizens with the benefit thereof and to coordinate these activities with similar activities of other states and the national government, there is hereby established a State-wide cancer clinic at the Medical University of South Carolina, to be supervised and controlled in all respects by, and its administration to be under the direction of, the board of trustees of the university.
(A) There is established the South Carolina Central Cancer Registry and, to the extent funds are available, the Department of Health and Environmental Control shall administer this as a statewide population-based registry of cancer cases with a diagnosis date after December 31, 1995.
(B) The purpose of the registry is to provide statistical information that will reduce morbidity and mortality of cancer in South Carolina. This information must be used to guide cancer control effort in the State by assisting in prevention and early detection of cancer, extending the life of the cancer patient, identifying high-risk groups or areas in the State with cluster of cancer cases, and improving cancer treatment.
(C) The registry shall receive, compile, analyze, and make available epidemiological and aggregate clinical cancer case information collected from all health care providers who diagnose and/or treat cancer patients in this State. The registry shall meet national standards of completeness and timeliness of case reporting and quality of data. Annual reports of aggregate cancer data must be provided to reporting facilities and physicians in the State.
Section 44-35-30. This clinic and all personnel therein shall be considered as one of the departments or subdivisions of the Medical University of South Carolina and, as a part of the facilities of the university, it shall be under the direction of the President, as are all other divisions of the university. The selection of the director and all clinic personnel shall be made in the same manner and their relationship to the university shall be the same as in the case of personnel in the other departments and in staff positions of the university.
(A) A provider who diagnoses and/or treats cancer patients and does not report to a regional cancer registry shall report specific case information to the registry in accordance with regulations promulgated by the Department of Health and Environmental Control. These regulations shall include, but are not limited to, the reportable case listing, data elements to be collected, the content and design of forms and reports required by this section, the procedures for disclosure of information gathered by the registry, and other matters necessary to the administration of this section. The regulations shall include these data elements:
(1) complete demographic information;
(2) occupational and industrial information to the extent available;
(3) date and confirmation of initial diagnosis;
(4) pathological information characterizing the cancer, including cancer site and cell type, stage of disease, and initial treatment information, to the extent available, in the medical record.
A provider participating in a regional registry is not required to report to the Central Cancer Registry. Reporting providers must not incur additional expense in providing information to the registry.
(B) Regional registries shall report data on behalf of providers in their area to the Central Cancer Registry.
Section 44-35-40. To establish and commence the operation of the clinic the board of trustees of the university shall secure the services of one or more persons who shall be doctors of medicine, qualified by education, specialized training and experience of not less than five years in research or practical application of the known facts and methods of treatment with regard to cancer. The board shall designate one of such persons as the executive head of the clinic, to be known as the director, who shall be in charge of its operation and responsible through the proper administrative channels to the board. Such additional technical staff and clerical assistance as may be deemed necessary by the director and approved by proper administrative authority of the Medical University shall be employed and paid from the funds provided for the clinic. Information that could identify the cancer patient must be kept strictly confidential in accordance with the administrative policy of the Department of Health and Environmental Control. This information must not be open for inspection except by the individual patient or the patient's authorized representative. Procedures for the disclosure of confidential information to researchers for the purposes of cancer prevention, control, and research must be promulgated in regulations. The data release protocol developed in coordination with the South Carolina Budget and Control Board, Office of Research and Statistical Services, must be utilized by the registry to determine appropriate use and release of cancer registry data.
Section 44-35-50. A laboratory and clinical equipment necessary for the application of all approved methods of treatment or removal of cancer shall be provided at the Medical University of South Carolina along with a sufficient amount of hospital space for the in-patient care and treatment of citizens of this State suffering from the disease. The registry shall coordinate, to the fullest extent possible, with the State Budget and Control Board, Office of Research and Statistical Services, for the complete, timely, and accurate collection and reporting of cancer data.
Section 44-35-60. The facilities of the clinic and hospital treatment therein shall be available to any bona fide citizen of the State whose condition has been first diagnosed as malignant since becoming a resident of this State. When the condition is such as to require in-patient care and treatment as an emergency measure, such care and treatment shall be furnished temporarily but not for an extended period under rules and regulations to be established by the director of the clinic and approved, through the proper administrative channels, by the President and the board of trustees of the Medical University. When the director of the clinic shall determine what treatment and procedures are necessary or advisable, such treatment and procedures as may be available at the clinic shall be furnished to those individuals who are medically indigent. A provider or regional registry making a case report or providing access to cancer case information to the registry is immune from any civil or criminal liability that might otherwise be incurred or imposed.
Section 44-35-70. The director of the clinic shall have authority and responsibility for its direction and operation, for the extent of its research and the judicious expenditures of the funds made available for this purpose, all subject through proper administrative channels to the supervision of the board of trustees of the Medical University. The director shall annually make a report concerning the operation of, and financial expenditures in connection with, the clinic through the President of the Medical University to the board of trustees, which shall be incorporated, as received, and submitted with the recommendations of the board of trustees, as a part of the annual report of the board of trustees, to the General Assembly.
Section 44-35-80. The board of trustees of the Medical University is authorized to receive and administer under the terms of Sections 44-35-20 to 44-35-70, in addition to the funds made available by the State, any other funds which may be provided by the Federal Government, the American Cancer Society or any other agency, institution, corporation or individual, for the purpose of research and treatment in connection with cancer.
Section 44-35-90. The Department of Health and Environmental Control may, to the extent of and within the available funds which may be provided, acquire such laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the Department department shall in its discretion deem considers advisable to afford proper treatment and care to cancer patients in this State and to carry out the intent and purpose of this chapter.
Section 44-35-100. The Department of Health and Environmental Control shall make rules and regulations specifying to what extent and on what terms and conditions indigent cancer patients of this State may receive financial aid for the diagnosis and treatment of cancer in any approved hospital in this State. The Department may furnish aid to indigent cancer patients of this State who are citizens residents of this State to the extent of and within the available funds as the department shall deem considers proper. The department may, in its discretion, administer such this aid in any manner which, in its judgment and with the approval of the Cancer Control Advisory Committee, provided for in Section 44-35-110, will afford greater benefit to for the prevention, detection, and control of cancer patients throughout the State.
Section 44-35-110. The Department of Health and Environmental Control shall formulate and put into effect an educational plan for the purpose of preventing cancer, of aiding in the early diagnosis of cancer and of informing hospitals and cancer patients of the proper treatment. There is established within the Department of Health and Environmental Control the Cancer Control Advisory Committee. The department shall appoint the members of the committee which must consist of qualified physicians, researchers, other experts engaged professionally in cancer prevention and care in South Carolina, and health care consumers. The committee shall advise and make recommendations to the department about the formulation and implementation of a comprehensive cancer prevention and control program through its review of cancer control services throughout the State. The committee shall:
(1) advise the department on professional issues pertaining to cancer prevention, detection, care and surveillance;
(2) participate in the evaluation of cancer programs and services offered through the department;
(3) serve as advocates for the poor and underserved patients through support of the state-aid cancer clinics;
(4) assist the department in maintaining liaison with the community and other health care providers; and
(5) advise the department on the administration of available funds for the prevention, detection, care, and surveillance of cancer.
Section 44-35-120. The reporting requirements provided for in Section 44-35-30 are suspended if adequate funding is not provided to the Department of Health and Environmental Control."
SECTION 3. This act takes effect upon approval by the Governor.