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H. 3136
STATUS INFORMATION
General Bill
Sponsors: Reps. Brady, Scarborough, Cobb-Hunter, Funderburk, Miller, Harvin, Ceips, Parks, Neilson, Haley, Knight, Viers, Vick, Whitmire, Brantley, Allen, Hardwick, Anthony, Gullick, Breeland, Mack, Battle, Sandifer, Govan, Hosey, McLeod, Hart, Hayes, Jennings, Agnew, J.H. Neal, Weeks, Harrison, Spires, Moss, Rutherford, Bales, Branham, Mitchell, F.N. Smith, Merrill, Anderson, Mahaffey, Alexander, Clyburn, Phillips, Lowe, Dantzler, Witherspoon, Whipper, Coleman and Barfield
Document Path: l:\council\bills\nbd\11034ac07.doc
Introduced in the House on January 9, 2007
Tabled by the House on April 18, 2007
Summary: Cervical Cancer Prevention Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/9/2007 House Introduced and read first time HJ-74
1/9/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-74
1/16/2007 House Member(s) request name added as sponsor: Funderburk
1/17/2007 House Member(s) request name added as sponsor: Miller, Harvin,
Ceips, Parks, Neilson, Haley
1/23/2007 House Member(s) request name added as sponsor: Knight
2/15/2007 House Member(s) request name added as sponsor: Viers
2/21/2007 House Member(s) request name added as sponsor: Vick, Whitmire,
Brantley, Allen, Davenport, Hardwick, Scott, Anthony,
Gullick, Breeland, Mack, Battle, Williams, Sandifer,
R.Brown, Govan, Hosey, Edge, Sellers, McLeod, Hart,
Hayes, Jennings, Agnew, Gambrell, J.H.Neal, Weeks,
Bowen, Harrison, Spires, Moss, Rutherford, Bales,
Branham, Mitchell, F.N.Smith
2/22/2007 House Member(s) request name added as sponsor: Jefferson
2/27/2007 House Member(s) request name added as sponsor: Merrill,
Anderson, Herbkersman, Pinson, Taylor, Huggins
2/27/2007 House Member(s) request name removed as sponsor: Bowen
2/28/2007 House Member(s) request name added as sponsor: Mahaffey,
Alexander, Clyburn, Phillips, Owens, Lucas, Lowe,
Dantzler
3/1/2007 House Member(s) request name added as sponsor: Witherspoon,
Whipper, Coleman, Stavrinakis
3/6/2007 House Member(s) request name added as sponsor: Clemmons
3/13/2007 House Member(s) request name added as sponsor: Barfield
3/13/2007 House Member(s) request name removed as sponsor: Sellers, Lucas
4/11/2007 House Member(s) request name removed as sponsor: Clemmons,
Owens
4/11/2007 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-5
4/12/2007 House Member(s) request name removed as sponsor: Stavrinakis,
Pinson
4/12/2007 Scrivener's error corrected
4/17/2007 House Member(s) request name removed as sponsor: Huggins,
Edge, Herbkersman
4/17/2007 House Requests for debate-Rep(s). Crawford, Talley, Sellers,
White, Brady, Gambrell, Harrison, JH Neal, Funderburk,
Cotty, Haskins, Mitchell, Frye, Shoopman, Alexander,
Spires, Kirsh, Loftis, Anderson, Kelly, Breeland,
Mahaffey, Leach, Bedingfield, GR Smith, DC Smith,
Davenport, Harvin, and Miller HJ-32
4/18/2007 House Member(s) request name removed as sponsor: Gambrell,
Taylor, Davenport, Jefferson, R.Brown, Williams, Scott
4/18/2007 House Tabled HJ-112
4/18/2007 House Roll call Yeas-108 Nays-0 HJ-118
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/13/2006
4/11/2007
4/12/2007
COMMITTEE REPORT
April 11, 2007
H. 3136
Introduced by Reps. Brady, Scarborough, Cobb-Hunter, Funderburk, Miller, Harvin, Ceips, Parks, Neilson, Haley, Knight, Viers, Vick, Whitmire, Brantley, Allen, Davenport, Hardwick, Scott, Anthony, Gullick, Breeland, Mack, Battle, Williams, Sandifer, R. Brown, Govan, Hosey, Edge, McLeod, Hart, Hayes, Jennings, Agnew, Gambrell, J.H. Neal, Weeks, Harrison, Spires, Moss, Rutherford, Bales, Branham, Mitchell, F.N. Smith, Jefferson, Merrill, Anderson, Herbkersman, Pinson, Taylor, Huggins, Mahaffey, Alexander, Clyburn, Phillips, Lowe, Dantzler, Witherspoon, Whipper, Coleman, Stavrinakis and Barfield
S. Printed 4/11/07--H. [SEC 4/12/07 4:00 PM]
Read the first time January 9, 2007.
To whom was referred a Bill (H. 3136) to enact the "Cervical Cancer Prevention Act" so as to amend the Code of Laws of South Carolina, 1976, by adding Section 44-29-187 so as to provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 44-29-187 and inserting:
/Section 44-29-187. (A)(1) Beginning with the 2009-2010 school year, the Department of Health and Environmental Control shall include the cervical cancer vaccination series as a required vaccination in accordance with Section 44-29-180 for female students enrolling in the seventh grade in any school, public or private, in this State. However, if a student has not attained the age of eleven by the time of enrollment in the seventh grade, the student is not required to have the cervical cancer vaccination series before enrolling in the seventh grade but must have received the vaccination series to enroll in the grade following her eleventh birthday.
(2) Notwithstanding subsection (A)(1), a female student is not required to comply with subsection (A)(1) if:
(a) the student's parent or guardian has signed and submitted the appropriate form, as provided by the department, to the school indicating that the parent or guardian has received the informational brochure provided for in subsection (B) and that the parent or guardian has elected for the student not to receive the cervical cancer vaccination; or
(b) the student has obtained an exemption in accordance with regulation 61-8 'Vaccination, Screening and Immunization Regarding Contagious Diseases', which includes, but is not limited to, religious and medical exemptions.
(B)(1) The department shall develop and provide to each school district informational brochures concerning the cervical cancer vaccination series and the requirements and exemptions provided for in this section.
(2) At the beginning of the school year each school district shall provide these informational brochures to the parents or guardians of all female students in the sixth grade.
(C) For the purposes of this section 'cervical cancer vaccination series' means the human papillomavirus vaccination series.
(D) Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccine to eligible female students./
Renumber sections to conform.
Amend title to conform.
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
Department of Health and Environmental Control (DHEC)
Based on 2007 data and current federal assistance levels, the department estimates an additional $1,728,000 is needed to purchase HPV vaccine for those children who are not eligible to receive it under the Federal Vaccines for Children (FVC) Entitlement Program (i.e., Medicaid, Uninsured, American Indian, Alaska Native) or whose insurance will not cover the cost of vaccinations. The cost of immunization assumes 20% of the State's 30,000 11-year old females are underinsured or otherwise ineligible for the federally assisted vaccinations. Cost estimates are also based on a series of 3 injections and a per injection cost of $96. DHEC indicates enactment would require additional staff time to administer the increased number of vaccinations and maintain records. The department estimates additional salaries, fringe and other operating costs to be an estimated $304,440 depending on staffing levels at the time of implementation in 2010 (see Special Notes below).
It is anticipated that in FY 2007, the FVC program will provide DHEC with enough HPV vaccine to immunize all the FVC-eligible female adolescents ages 9 to 18. However, under federal FVC guidelines, the vaccine must be made available to all eligible females in this age group and DHEC cannot target 11-year olds only. It should be noted that the level of federal FVC program funding, as well as the cost of HPV vaccine, could vary from year to year. Additionally, any actions taken by the insurance industry to cover the cost of HPV vaccinations could reduce DHEC's cost. Consequently, the impact on the state general fund necessary to cover the gap in coverage would vary accordingly.
State Department of Education (SDE)
The department indicates this bill would have a minimal impact on that agency's expenditures. SDE indicates there would be a cost to the school districts associated with verification of vaccination and notification of non-compliance as needed. Average cost is approximately $7,000 per district.
SPECIAL NOTES:
The House of Representative Way and Means version of the FY 2007-08 Appropriation Act contains funding for Vaccine Purchases for under-insured Children and adolescents, which includes 8.00 additional FTEs. No additional FTEs would be needed for implementation of this bill in 2010 if these FTEs along with salary and fringe benefits are contained in the FY 2007-08 Appropriation Act.
Section 2(D) of the bill provides that implementation of this "section" is contingent upon the appropriation of funding adequate to cover the costs of providing this vaccine to eligible female students. The General Assembly may wish to clarify if this provision is intended to include both DHEC's responsibility to vaccinate and the general requirement that all 11-year old females must receive the HPV vaccination before they can enroll in school.
Approved By:
Don Addy
Office of State Budget
TO ENACT THE "CERVICAL CANCER PREVENTION ACT" SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REQUIRE FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE TO HAVE RECEIVED THE CERVICAL CANCER VACCINE SERIES AND TO AUTHORIZE DELAYING THE REQUIREMENT FOR STUDENTS WHO ARE NOT ELEVEN YEARS OLD AT ENROLLMENT INTO THE SEVENTH GRADE; TO APPLY THE DEPARTMENT'S IMMUNIZATION AND VACCINATION EXEMPTIONS, AS PROVIDED FOR IN REGULATION, INCLUDING, BUT NOT LIMITED TO, A RELIGIOUS EXEMPTION; AND TO PROVIDE THAT IMPLEMENTATION OF THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.
Whereas, the American Cancer Society estimates that over 9,700 new cervical cancer cases will be diagnosed in the United States this year and that more than 3,700 women will die this year of cervical cancer; and
Whereas, infections caused by two strains of the human papillomavirus (HPV) are the leading cause of cervical cancer and account for seventy percent of all cervical cancer cases; and
Whereas, South Carolina ranks third in the country in the incidence of cervical cancer and the death rate for cervical cancer in South Carolina exceeds the national death rate;
Whereas, data from the South Carolina Department of Health and Environmental Control indicates that approximately two hundred new cases of cervical cancer are diagnosed annually in South Carolina. Additionally, more than $25 million is expended annually in South Carolina to treat HPV related conditions; and
Whereas, the Food and Drug Administration recently approved the use of the HPV vaccine, a vaccine for the prevention of cervical cancer, a groundbreaking development in medical history in that this is the first vaccine specifically developed to prevent a type of cancer; and
Whereas, clinical trials to date have found that this cervical cancer vaccine is extremely safe and highly effective in preventing infection of the two strains of the human papillomavirus, which cause seventy percent of cervical cancer; and
Whereas, the Centers for Disease Control Advisory Committee on Immunization Practices recommends, in conjunction with the federal Vaccine for Children Program, that females between the ages of nine and eighteen receive the cervical cancer vaccine, with 11 years of age being the recommended age for being vaccinated; and
Whereas, this recommendation of the Centers for Disease Control Advisory Committee on Immunization Practices has been endorsed by the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, and the American Medical Association; and
Whereas, in this State, as well as throughout the country, recommendations of the Advisory Committee on Immunization Practices are the basis for vaccination requirements set by law for school attendance. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "The Cervical Cancer Prevention Act".
SECTION 2. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-187. (A)(1) Beginning with the 2009-2010 school year, the Department of Health and Environmental Control shall include the cervical cancer vaccination series as a required vaccination in accordance with Section 44-29-180 for female students enrolling in the seventh grade in any school, public or private, in this State.
(2) Notwithstanding subsection (A)(1), a female student is not required to comply with subsection (A)(1) if the student has not attained the age of eleven by the time of enrollment in the seventh grade. However, the student must have received the cervical cancer vaccination series to enroll in the grade following her eleventh birthday.
(B) Regulation 61-8, as amended, 'Vaccination, Screening and Immunization Regarding Contagious Diseases', and its exemptions apply to this section including, but not limited to, a religious exemption in which the parents, parent, guardian, or person in loco parentis may sign the appropriate section of the South Carolina Certificate of Religious Exemption, as provided by the department, stating they are members of a recognized religious denomination in which the tenets and practices of the religious denomination conflict with immunizations.
(C) For purposes of this section, 'cervical cancer vaccination series' means the human papillomavirus vaccination series.
(D) Implementation of this section is contingent upon the appropriation of state and federal funding to the department to cover the costs of providing this vaccine to eligible female students."
SECTION 2. This act takes effect upon approval by the Governor.
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