reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-130. Confidentiality of communications with, and records of clients; disclosure.

(A) Communications between clients and intellectual disability professionals, including general physicians, psychiatrists, psychologists, nurses, social workers, members of interdisciplinary teams, or other staff members employed in a client-therapist capacity or an employee under supervision of them are considered confidential. Certificates, applications, records, and reports made for the purpose of this chapter that directly or indirectly identify a client, as well as privileged communications, must be kept confidential and must not be disclosed by a person unless:
(1) the identified client or his representative consents;
(2) a court directs disclosure upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;
(3) disclosure is required for research conducted or authorized by the department;
(4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state agencies, schools, and county entities;
(5) disclosure is necessary to carry out this chapter.
(B) Nothing in this section precludes disclosure:
(1) upon proper inquiry, of information as to a client's current medical condition, to appropriate next of kin;
(2) if the information is used in an educational or informational capacity if the identity of the client is concealed;
(3) of information to the Governor's ombudsman office or the South Carolina Protection and Advocacy System for the Handicapped, Inc., as consistent with state law.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.

(A) Clients receiving services for intellectual disability shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients.
(B) In emergency admissions when the least restrictive setting is not available a client must be admitted to the nearest proper facility until he may be moved to the least restrictive setting.
(C) In judicial or emergency admissions to the department every attempt must be made by the court to ensure a client's placement in the least restrictive alternative of services available.
(D) No client may remain at a level of care that is more restrictive than is warranted to meet his needs if alternative care is available. A residential program must attempt to move clients from:
(1) more to less structured living;
(2) larger to smaller facilities;
(3) larger to smaller living units;
(4) group to individual residence;
(5) segregated from the community to integrated into the community;
(6) dependent to independent living.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 2; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

(A) Before or at the time of admission to an intellectual disability residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client's rights while under the care of the facility.
(B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client's attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain:
(1) a statement of the nature and degree of the client's intellectual disability and the needs of the client;
(2) if a physical examination has been conducted, the client's physical condition;
(3) a description of intermediate and long-range habilitative goals and, if possible, future available services;
(4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why.
(C) An intellectual disability professional shall review each client's individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client's record. The interdisciplinary team shall conduct a full review of the client's records and habilitation program annually.
(D) Included in a review must be a reassessment of the client's plan of habilitation. If the reassessment indicates a need for revisions in the client's plan of habilitation, the revisions must be implemented.
(E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to Section 44-26-120.
(F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to Section 44-26-80.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-160. Mechanical, physical, or chemical restraint of clients.

(A) No client residing in an intellectual disability facility may be subjected to chemical or mechanical restraint or a form of physical coercion or restraint unless the action is authorized in writing by an intellectual disability professional or attending physician as being required by the habilitation or medical needs of the client and it is the least restrictive alternative possible to meet the needs of the client. Emergency restraints require the written authorization of the attending physician or designated staff member and must be noted in the client's record.
(B) Each use of a restraint and justification for it must be entered into the client's record. The authorization is not valid for more than twelve hours during which the client's condition must be charted at thirty-minute intervals. If the orders are extended beyond the twelve hours, the extension must have written authorization by an intellectual disability professional or attending physician. Within twenty-four hours a copy of the authorization must be forwarded to the facility supervisor for review. Clients under a form of restraint must be allowed no less than ten minutes every two hours for motion and exercise. Mechanical restraint must be employed in a manner that lessens the possibility of physical injury and ensures the least possible discomfort.
(C) No form of restraint may be used for the convenience of staff, as punishment, as a substitute for a habilitation program or in a manner that interferes with the client's habilitation program.
(D) In an emergency such as a serious threat of extreme violence, injury to others, personal injury, or attempted suicide, if the attending physician or an intellectual disability professional is not available, staff may authorize mechanical restraint or physical restraint, in conjunction with state and federal regulations, when these means are necessary for as long as the behavior that warrants restraint persists. The use must be reported immediately to the attending physician or an intellectual disability professional who shall authorize its continuance or cessation and make a written record of the reasons for its use and his review. The records and review must be entered into the client's record. The facility must have written policies and procedures governing the use of mechanical and physical restraints.
(E) The client's family or his representative, or both, must be notified immediately of the use of restraints.
(F) The appropriate human rights committees must be notified of the use of emergency restraints.
(G) Documentation of less restrictive methods that have failed must be entered into the client's record when applicable.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-170. Use of certain types of behavior modification.

(A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of:
(1) prior written approval for the technique by the director;
(2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client's record;
(3) documentation of less restrictive methods that have failed must be entered into the client's record.
(B) Seclusion must not be used on clients with intellectual disability.
(C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping.
(D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1092; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-180. Informed consent required for participation in research; promulgation of regulations.

A client or his representative shall give informed consent in every case before participation in research conducted by, for, or in cooperation with the department. The department shall promulgate regulations to obtain informed consent and to protect the dignity of the individual.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

(A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies.
(B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the department does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.

The South Carolina State Employment Service Division of the South Carolina Department of Employment and Workforce and the State Agency of Vocational Rehabilitation shall work together to find employment for citizens with intellectual disability. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the division and the agency.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-210. Penalties for denying client rights accorded under this chapter.

A person who wilfully causes, or conspires with or assists another to cause, the denial to a client of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, upon actual knowledge or information thought by him to be reliable, is exempt from criminal liability.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 26 - Rights Of Clients With Intellectual Disability › Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.

(A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision.
(B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment.
(C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.
(D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 27 - Patients At Federal Institutions › Section 44-27-10. Powers of federal institution over patient.

When the individual is admitted to any institution operated by any agency of the United States within or without this State, he shall be subject to the rules and regulations of the agency. The superintendent of any institution operated by the agency and in which the individual is confined shall, with respect to the individual, be vested with the same powers as the superintendents of institutions or the Department of Mental Health within this State with respect to detention, custody, transfer, conditional discharge or discharge of patients.
HISTORY: 1962 Code Section 32-1003; 1952 (47) 2042; 1961 (52) 411.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 27 - Patients At Federal Institutions › Section 44-27-20. Jurisdiction and powers over person ordered admitted by foreign court.

An order of a court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of an individual by any agency of the United States shall have the same force and effect as to the individual while in this State as in the jurisdiction in which is situated the court entering the order, and such court shall be deemed to have retained jurisdiction of the individual admitted for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his confinement. Consent is hereby given to the application of the law of the state or district in which is located the court issuing the order for admittance with respect to the authority of the superintendent of any hospital or institution operated in this State by any agency of the United States to retain custody, transfer, conditionally discharge or discharge the individual confined.
HISTORY: 1962 Code Section 32-1005; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 27 - Patients At Federal Institutions › Section 44-27-30. Transfer of individual to federal agency.

Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual confined pursuant to law in any State mental health facility and that such individual is eligible for care or treatment in an institution of the agency, the Department of Mental Health may cause his transfer to the agency of the United States for confinement. Upon effecting the transfer, the court ordering confinement, the legal guardian, spouse and parents or, if none be known, his nearest known relative or friend shall be notified thereof immediately by the Department of Mental Health. No person shall be transferred to an agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court originally ordering his confinement shall enter an order for transfer after appropriate motion and hearing. Any person transferred as provided in this section to an agency of the United States shall be deemed to be confined by the agency pursuant to the original order of confinement.
HISTORY: 1962 Code Section 32-1006; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-10. Establishment of fund; purpose.

There is established the Self-Sufficiency Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities in order to enable parents and families to plan a more secure future for their disabled dependents without fear of loss of benefits or invasion of trust principal.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-20. Definition of "self-sufficiency trust."

For the purpose of this chapter "a self-sufficiency trust" means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1093.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-30. State Treasurer custodian of trust fund; agreement to specify supplemental care or treatment for each beneficiary.

(A) The State Treasurer is the custodian of the Self-Sufficiency Trust Fund and pursuant to an agreement with the trustee of a self-sufficiency trust may accept money from a self-sufficiency trust in the name of a beneficiary for deposit in the Self-Sufficiency Trust Fund. The treasurer shall maintain a separate account in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit the account of a beneficiary with money received from a self-sufficiency trust on behalf of that beneficiary.
(B) The agreement, naming one or more beneficiaries residing in this State who are developmentally disabled, mentally ill, or physically handicapped, must specify the supplemental care or treatment to be provided for each named beneficiary with the money deposited in the Self-Sufficiency Trust Fund.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-40. Departments and Agency required to provide care or treatment using monies in fund account; vouchers.

(A) The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation must provide care or treatment for a beneficiary from monies available from the beneficiary's account maintained in the Self-Sufficiency Trust Fund.
(B) Upon proper certification by the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1094.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-50. Receipt of monies from fund not to reduce, impair, or diminish other benefits.

The receipt by a beneficiary of money from the Self-Sufficiency Trust Fund or of supplemental care or treatment provided with money from the fund may in no way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-60. Money not usable for supplemental care and treatment to be returned to depositing trust; interest.

If the State Treasurer after consultation with the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1095.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-70. Crediting and allocation of interest.

The State Treasurer shall credit interest earned on the Self-Sufficiency Trust Fund to the fund and shall allocate the interest pro rata to the accounts of the named beneficiaries of the fund.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-80. Departments and Agency to promulgate regulations for implementation and administration of fund.

The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Self-Sufficiency Trust Fund.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1096.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-310. Establishment of fund; purpose.

There is established the Disability Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Disability Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-320. Source of monies for fund.

The State Treasurer may accept for deposit in the Disability Trust Fund:
(1) monies left to the Disability Trust Fund by donors of a self-sufficiency trust defined in Article 1 of this chapter at the death of the disabled beneficiary; and
(2) bequests and contributions from private donors, corporations, or foundations.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-330. Use of monies in fund.

Monies in the Disability Trust Fund must be expended solely to provide supplemental services to meet the need for care or treatment for low income or indigent individuals with developmental disabilities, mental illness, or physical handicaps.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-340. Interest earned to be credited to fund.

The State Treasurer shall credit earned interest on the Disability Trust Fund to the fund.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-350. Receipt of monies from fund not to reduce, impair, or diminish other benefits.

The receipt by a beneficiary of money from the trust fund or of supplemental care or treatment provided with money from the trust fund does not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
HISTORY: 1992 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-360. Departments and Agency required to provide care or treatment to eligible beneficiaries using monies from fund.

The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1097.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 28 - Self-sufficiency Trust Fund; Disability Trust Fund; Aid For Developmentally Disabled, Mentally Ill, And Physically Handicapped Persons › Section 44-28-370. Departments and Agency to promulgate regulations for implementation and administration of fund.

The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Department of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund.
HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1098.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-20. Transportation and handling of human remains infected by dangerous, contagious, or infectious disease.

Prior to transportation of human remains known to be infected by any dangerous, contagious, or infectious disease into, through, or out of this State or any city, town, or county within this State, the hospital, health or medical clinic, physician, medical facility, person, or other entity in possession of the human remains shall inform any funeral director, ambulance driver, or any other person or entity who is to transport the remains that the remains are infected by a dangerous, contagious, or infectious disease.
In the event that human remains as described above are not to be moved immediately but are to be operated on for purposes of autopsy or otherwise handled, any doctor, technician, or other person charged with the responsibility of handling the remains known to be infected by any dangerous, contagious, or infectious disease must be informed that the remains are so infected.
For the purpose of enforcing this section, the Department of Health and Environmental Control (department) shall make and distribute, at intervals considered necessary by the department, to all hospitals, health or medical clinics, other medical facilities, persons, or other entities who may normally be in possession of human remains a list declaring what diseases are regarded as dangerous, contagious, or infectious and shall classify these diseases and shall designate the diseases as are of so dangerous a character that transportation of human remains infected by them is forbidden except under conditions as prescribed by the department which it considers proper for the transportation of those remains.
HISTORY: 1962 Code Section 32-556; 1952 Code Section 32-556; 1942 Code Section 5046; 1932 Code Section 5024; Civ. C. '22 Section 2334; Civ. C. '12 Section 1588; Civ. C. '02 Section 1094; 1900 (23) 408; 1972 (57) 2496; 1985 Act No. 81, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-30. Burying or burning of dead animals and poultry.

Whenever any animal or poultry shall die from any natural or other cause, except from being slaughtered or killed for the use of man, or the dead body thereof be found upon the premises of any person, be he the owner or tenant thereof, the owner of such dead animal or poultry, or the owner or tenant of the lands or premises upon which such dead bodies may be found, shall immediately burn or bury or cause to be burned or buried such dead animal or poultry. When buried, an animal shall be put not less than three feet and poultry not less than one foot under the ground. Any owner of any such dead animal or poultry, knowing that such dead animal or poultry is lying dead upon his premises, or any tenant on premises having such knowledge or having notice thereof, who refuses or fails to bury or burn such dead animal or poultry as aforesaid shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than five dollars or more than one hundred dollars, or be imprisoned for a period of not more than thirty days.
HISTORY: 1962 Code Section 32-557; 1952 Code Section 32-557; 1942 Code Section 5046-1; 1932 Code Section 1492; Cr. C. '22 Sections 434, 437; Cr. C. '12 Section 444; Cr. C. '02 Section 332; 1900 (23) 447; 1912 (27) 704; 1967 (55) 231.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-40. Department of Health and Environmental Control shall have general supervision of vaccination, screening, and immunization; statewide immunization registry.

(A) The Department of Health and Environmental Control shall have general direction and supervision of vaccination, screening, and immunization in this State. The Department of Health and Environmental Control has the authority to promulgate regulations concerning vaccination, screening, and immunization requirements.
(B) The department shall establish a statewide immunization registry and shall promulgate regulations for the implementation and operation of the registry. All health care providers shall report to the department the administration of any immunization in a manner and including such data as specified by the department. The department may make immunization information available to persons and organizations in accordance with state and federal disclosure and reporting laws. The department may seek enforcement of this section and issue civil penalties in accordance with Section 44-1-150.
HISTORY: 1962 Code Section 32-574; 1952 Code Section 32-574; 1942 Code Section 5038; 1932 Code Sections 5010, 7361; Civ. C. '22 Sections 2321, 4493; Civ. C. '12 Sections 1580, 3059; 1905 (24) 869, 871; 1972 (57) 2497; 2010 Act No. 210, Section 2, eff upon approval (became law without the Governor's signature on June 1, 2010).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-50. Violation of regulation relating to vaccination, screening, or immunization.

Any person who shall fail, neglect or refuse to comply with any regulation of the Department of Health and Environmental Control relating to vaccination, screening or immunization shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 32-578; 1952 Code Section 32-578; 1942 Code Section 5042; 1932 Code Section 1503; Cr. C. '22 Section 451; Cr. C. '12 Section 441; 1905 (24) 871; 1972 (57) 2523.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-60. Sexually transmitted diseases declared dangerous to public health; infection of another with sexually transmitted disease.

Sexually transmitted diseases which are included in the annual Department of Health and Environmental Control List of Reportable Diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases include all venereal diseases. It is unlawful for anyone infected with these diseases to knowingly expose another to infection.
HISTORY: 1962 Code Section 32-591; 1952 Code Section 32-591; 1942 Code Section 5044; 1932 Code Section 1493; Cr. C. '22 Section 438; 1919 (31) 30; 1988 Act No. 490, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-70. Reports of cases of sexually transmitted diseases.

Any physician or other person who makes a diagnosis of or treats a case of a sexually transmitted disease and any superintendent or manager of a hospital, dispensary, health care related facility, or charitable or penal institution in which there is a case of a sexually transmitted disease shall report it to the health authorities according to the form and manner as the Department of Health and Environmental Control directs.
HISTORY: 1962 Code Section 32-593; 1952 Code Section 32-593; 1942 Code Section 5044-1; 1932 Code Section 1494; Cr. C. '22 Section 439; 1919 (31) 30; 1962 (52) 2180; 1988 Act No. 490, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-80. Laboratories shall report positive tests and cooperate in preventing spread of sexually transmitted disease.

Any laboratory performing a positive laboratory test for a sexually transmitted disease shall make a report of the case or positive laboratory test for a sexually transmitted disease to the Department of Health and Environmental Control in the form and manner as the department directs and shall cooperate with the Department of Health and Environmental Control and local boards of health in preventing the spread of sexually transmitted diseases.
HISTORY: 1962 Code Section 32-593.1; 1962 (52) 1923; 1988 Act No. 490, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-90. Examination, treatment, and isolation of persons infected with venereal disease.

State, district, county, and municipal health officers, in their respective jurisdictions, when in their judgment it is necessary to protect the public health, shall make examination of persons infected or suspected of being infected with a sexually transmitted disease, require persons infected with a sexually transmitted disease to report for treatment appropriate for their particular disease provided at public expense, and request the identification of persons with whom they have had sexual contact or intravenous drug use contact, or both. The health officer may isolate persons infected or reasonably suspected of being infected with a sexually transmitted disease. To the extent resources are available to the Department of Health and Environmental Control for this purpose, when a person is identified as being infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency Syndrome (AIDS), his known sexual contacts or intravenous drug use contacts, or both, must be notified but the identity of the person infected must not be revealed. Efforts to notify these contacts may be limited to the extent of information provided by the person infected with HIV. Public monies appropriated for treatment of persons infected with a sexually transmitted disease must be expended in accordance with priorities established by the department, taking into account the cost effectiveness, curative capacity of the treatment, and the public health benefit to the population of the State.
HISTORY: 1962 Code Section 32-594; 1952 Code Section 32-594; 1942 Code Section 5044-2; 1932 Code Section 1495; Cr. C. '22 Section 440; 1919 (31) 30; 1988 Act No. 490, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-100. Examination and treatment of prisoners for sexually transmitted disease; isolation and treatment after serving sentence.

Any person who is confined or imprisoned in any state, county, or city prison of this State may be examined and treated for a sexually transmitted disease by the health authorities or their deputies. The state, county, and municipal boards of health may take over a portion of any state, county, or city prison for use as a board of health hospital. Persons who are confined or imprisoned and who are suffering with a sexually transmitted disease at the time of expiration of their terms of imprisonment must be isolated and treated at public expense as provided in Section 44-29-90 until, in the judgment of the local health officer, the prisoner may be medically discharged. In lieu of isolation, the person, in the discretion of the board of health, may be required to report for treatment to a licensed physician or submit for treatment provided at public expense by the Department of Health and Environmental Control as provided in Section 44-29-90.
HISTORY: 1962 Code Section 32-595; 1952 Code Section 32-595; 1942 Code Section 5044-3; 1932 Code Section 1496; Cr. C. '22 Section 441; 1919 (31) 30; 1988 Act No. 490, Section 7.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-110. No discharge from confinement until cured of sexually transmitted disease; subsequent treatment.

No person suffering from any of the sexually transmitted diseases described in Section 44-29-60 may be discharged from confinement unless he is pronounced cured of the disease by a state, county, or municipal health officer or, if no cure is available, upon the recommendation of the Department of Health and Environmental Control. If any person is released before a complete cure of the sexually transmitted disease of which he is suffering, the department shall direct the individual as to whom to report for further treatment, and failure to report at the stated intervals as directed, in each instance, constitutes a violation of the provisions of Sections 44-29-60 to 44-29-140 and subjects him, upon conviction, to the penalty set forth in Section 44-29-140.
HISTORY: 1962 Code Section 32-595.1; 1952 Code Section 32-595.1; 1942 Code Section 5044-5; 1932 Code Section 1498; Cr. C. '22 Section 443; 1919 (31) 30; 1941 (42) 97; 1988 Act No. 490, Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-115. Procedure for isolation.

If the Department of Health and Environmental Control believes that a person must be isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110, it shall file a petition with the probate court of the county where the person is located or where the person resides. The complaint must state the specific harm thought probable and the factual basis for this belief. If the court, after due notice and hearing, is satisfied that the petition is well-founded, it may order that the person must be isolated.
Any person isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110 has the right to appeal to any court having jurisdiction for review of the evidence under which he was isolated.
A court may not order isolation for more than ninety days. If the department determines that the grounds for isolation no longer exist, it shall file a notice of intent to discharge with the court before the person isolated is released.
The person for whom isolation is sought must be represented by counsel at all proceedings and, if he cannot afford to hire an attorney, the court shall appoint an attorney to represent him. The attorney for the person isolated must have access to any documents regarding the isolation.
HISTORY: 1988 Act No. 490, Section 15.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-120. Serological blood tests for pregnant women.

Every physician attending a pregnant woman in the State for conditions relating to her pregnancy during the period of gestation or at delivery shall, in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of his first examination or within three days thereafter and shall submit such sample to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Such an approved laboratory must participate in an appropriate proficiency testing program approved by the Department of Health and Environmental Control. Every person, other than a physician, permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause a sample of blood of each such pregnant woman to be taken by a physician duly licensed to practice medicine and surgery, registered nurse, laboratory technician or other person authorized to take blood for blood tests and have such sample submitted to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days. The provisions of this section shall not apply to any person who submits a sworn affidavit stating that she objects to the tests herein required on grounds such tests conflict with her religious tenets or beliefs.
HISTORY: 1962 Code Section 32-596; 1952 Code Section 32-596; 1946 (44) 1542; 1972 (57) 2806.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-130. Adoption of regulations pertaining to sexually transmitted disease.

The Department of Health and Environmental Control shall promulgate regulations necessary to carry out the purposes of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, including regulations providing for labor on the part of isolated persons considered necessary to provide in whole or in part for their subsistence and to safeguard their general health and regulations concerning sexually transmitted diseases as it considers advisable. All regulations so made are binding upon all county and municipal health officers and other persons affected by Sections 44-29-60 to 44-29-140.
HISTORY: 1962 Code Section 32-599; 1952 Code Section 32-599; 1942 Code Section 5044-4; 1932 Code Section 1497; Cr. C. '22 Section 442; 1919 (31) 30; 1988 Act No. 490, Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 29 - Contagious And Infectious Diseases › Section 44-29-135. Confidentiality of sexually transmitted disease records.

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 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;
(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;
(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 of abuse or neglect is required by Section 63-7-310; or
(f) if a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending a public school in kindergarten through fifth grade, the department shall notify the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends. This notification and information contained in the notification must not be recorded in the child's permanent record. However, if this information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade.
HISTORY: 1978 Act No. 542 Section 2; 1988 Act No. 490, Section 10; 2011 Act No. 34, Section 1, eff June 7, 2011.