South Carolina General Assembly
113th Session, 1999-2000

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Bill 3169


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 17, 1999

H. 3169

Introduced by Rep. J. Brown

S. Printed 2/17/99--H.

Read the first time January 12, 1999.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

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

REPORT:

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

JOE E. BROWN, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A Cost to the General Fund

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

No Cost to Federal and/or Other Funds

FIRST YEAR GENERAL FUNDS: $91,782

FIRST YEAR FEDERAL & OTHER FUNDS: $ 0

ANNUAL TOTAL THEREAFTER: $ 88,282

Itemization of Additional Cost for First Year

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

A BILL

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:

South Carolina HIV Counseling and Testing Consent Form

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.

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