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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 28, 2008
S. 970
S. Printed 5/28/08--H.
Read the first time February 20, 2008.
TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-29-135 of the 1976 Code is amended to read:
"Section 44-29-135. All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease or a bloodborne disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:
(a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or
(b) release is made of medical or epidemiological information with the consent of all persons identified in the information released;
(c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;
(d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or
(e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified."
SECTION 2. Chapter 29, Title 44 of the 1976 Code is amended by adding:
"Section 44-29-137. A school nurse, or other school official, who knows of, or who has reason to believe, that there has been a transmission of blood or bodily fluids between or among students due to an incident occurring on school property or at a school-sponsored or school-sanctioned event shall report such incidents to the Department of Health and Environmental Control."
SECTION 3. Section 44-29-230(D) of the 1976 Code is amended to read:
(D) For purposes of this section:
(1) 'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.
(2) 'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies, and persons providing care in accordance with the Good Samaritan Act.
(3) 'Bloodborne diseases' means Hepatitis B, Hepatitis C, or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.
(4) 'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:
(a) nature of the risk;
(b) duration of the risk;
(c) severity of the risk;
(d) probabilities the disease will be transmitted and will cause varying degrees of harm.
(5) 'Health care professional' means a physician, an epidemiologist, or infection control practitioner.
(6) 'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.
(7) 'Person providing care in accordance with the Good Samaritan Act' means a person who in good faith gratuitously renders emergency care at the scene of an accident or emergency, as provided for in Section 15-1-310."
SECTION 4. Article 2, Chapter 10, Title 59 of the 1976 Code is amended by adding:
"Section 59-10-220. By January 1, 2009, each school district shall adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for bloodborne disease exposure and shall communicate written notice of these procedures to each school within the district. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques."
SECTION 5. This act takes effect upon approval by the Governor.
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