Bill 4387

                    Current Status

Bill Number:                    4387
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980113
Primary Sponsor:                J. Brown 
All Sponsors:                   J. Brown, T. Brown, Canty, McLeod,
                                Knotts
Drafted Document Number:        gjk\20937sd.98
Residing Body:                  Senate
Date of Last Amendment:         19980317
Subject:                        Newborns, DHEC to establish
                                comprehensive program for testing of
                                presence of HIV virus; Minors,
                                Medical

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

Senate  19980528  Read second time, notice of
                  general amendments, carrying
                  over all amendments to third
                  reading
Senate  19980527  Committee report: Favorable              13 SMA
Senate  19980324  Introduced, read first time,             13 SMA
                  referred to Committee
House   19980319  Read third time, sent to Senate
House   19980318  Read second time
House   19980317  Amended
House   19980317  Co-Sponsor added (Rule 5.2) by Rep.              Knotts
House   19980312  Committee report: Favorable with         27 H3M
                  amendment
House   19980113  Introduced, read first time,             27 H3M
                  referred to Committee
House   19971217  Prefiled, referred to Committee          27 H3M

COMMITTEE REPORT

May 27, 1998

H. 4387

Introduced by Reps. J. Brown, T. Brown, Canty, McLeod and Knotts

S. Printed 5/27/98--S.

Read the first time March 24, 1998.

To whom was referred a Bill (H. 4387), to amend the Code of Laws of South Carolina, 1976, by adding Section 44-29-235 so as to provide that the Department of Health and Environmental Control shall establish a comprehensive program for the testing of newborns, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

WARREN K. GIESE, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

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 presents to a health care professional in this State for care 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 article 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 article may only be released 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 of the Code of Laws of South Carolina, 1976:

(1) I acknowledge that _____________________________ has

(Name of Health Care Provider)

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) 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 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.