Current Status Bill Number:
4136Ratification Number: 381Act Number: 321Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950420Primary Sponsor: Judiciary Committee HJ 25All Sponsors: Judiciary CommitteeDrafted Document Number: PT\1944AC.95Companion Bill Number: 3744Date Bill Passed both Bodies: 19960508Date of Last Amendment: 19960502Governor's Action: SDate of Governor's Action: 19960520Subject: 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19950517 Amended, read second time House 19950426 Objection by Representative Tripp Easterday House 19950426 Objection withdrawn by Representative Simrill Robinson House 19950426 Objection by Representative Simrill Fair Trotter Marchbanks Rice Robinson Harrison Cromer Jennings Shissias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 timeView additional legislative information at the LPITS web site.
(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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 20th day of May, 1996.