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445_20110518

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					 1 HOUSE AMENDMENTS AMENDED
 2 May 18, 2011
 3
 4                                                        S. 445
 5
 6        Introduced by Senators Hutto, Fair, Jackson and Ford
 7
 8 S. Printed 5/18/11--S.
 9 Read the first time January 26, 2011.
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    [445-1]
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 9                               A BILL
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11   TO AMEND SECTION 44-29-135, CODE OF LAWS OF
12   SOUTH       CAROLINA,    1976,  RELATING     TO
13   CONFIDENTIALITY OF SEXUALLY TRANSMITTED
14   DISEASE RECORDS, SO AS TO DELETE THE PROVISION
15   REQUIRING THE DEPARTMENT OF HEALTH AND
16   ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL
17   DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A
18   MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND
19   HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS
20   INFECTED WITH THE HUMAN IMMUNODEFICIENCY
21   VIRUS; AND BY ADDING SECTION 59-10-220 SO AS TO
22   REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE
23   CENTERS FOR DISEASE CONTROL AND PREVENTION
24   RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS
25   FOR BLOODBORNE DISEASE EXPOSURE.
26     Amend Title To Conform
27
28   Be it enacted by the General Assembly of the State of South
29   Carolina:
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31   SECTION 1. Section 44-29-135 of the 1976 Code is amended to
32   read:
33
34      “Section 44-29-135.      All information and records held by the
35   Department of Health and Environmental Control and its agents
36   relating to a known or suspected case of a sexually transmitted
37   disease are strictly confidential except as provided in this section.
38   The information must not be released or made public, upon
39   subpoena or otherwise, except under the following circumstances:
40      (a) release is made of medical or epidemiological information
41   for statistical purposes in a manner that no individual person can
42   be identified; or

     [445]                             1
 1      (b) release is made of medical or epidemiological information
 2   with the consent of all persons identified in the information
 3   released;
 4      (c) release is made of medical or epidemiological information
 5   to the extent necessary to enforce the provisions of this chapter and
 6   related regulations concerning the control and treatment of a
 7   sexually transmitted disease;
 8      (d) release is made of medical or epidemiological information
 9   to medical personnel to the extent necessary to protect the health or
10   life of any person; or
11      (e) in cases involving a minor, the name of the minor and
12   medical information concerning the minor must be reported to
13   appropriate agents if a report of abuse or neglect is required by the
14   Child Protection Act of 1977 Section 63-7-310. No further
15   information is required to be released by the department. ;
16      (f) if a minor has Acquired Immunodeficiency Syndrome
17   (AIDS) or is infected with Human Immunodeficiency Virus (HIV),
18   the virus that causes AIDS, and is attending the a public schools
19   school in kindergarten through fifth grade, the department shall
20   notify the superintendent of the school district and the nurse or
21   other health professional assigned to the school the minor attends
22   must be notified. This notification and information contained in
23   the notification must not be recorded in the child’s permanent
24   record. However, if this information is in the child’s permanent
25   school record, the information must be purged from the child’s
26   record before the child enters the sixth grade.”
27
28   SECTION 2. Article 2, Chapter 10, Title 59 of the 1976 Code is
29   amended by adding:
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31      “Section 59-10-220.     By January 1, 2012, each school district
32   shall adopt the Centers for Disease Control and Prevention (CDC)
33   recommendations on universal precautions for bloodborne disease
34   exposure and shall communicate written notice of these procedures
35   to each school within the district. The notice must provide
36   information regarding education and training in the areas of
37   infection control, universal precautions, and disinfection and
38   sterilization techniques.”
39
40   SECTION 3. This act takes effect upon approval by the Governor.
41                            ----XX----
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