Act 262 -- Gift of Life Organ and Tissue Procurement Trust Fund
H. 4351 -- Representative Robert Walker

This legislation establishes the Gift of Life Trust Fund to promote organ and tissue donor education and awareness programs and to assist with the needs of transplant recipients. An eleven member board, appointed by the Governor with the advice and consent of the Senate, will oversee the operation of the trust fund. The board is charged with developing organ and tissue donation educational programs; making policy recommendations for the promotion of organ and tissue donation; developing goals to assist transplant recipients, and; determining how monies in the fund are to be disbursed.

Trust fund resources are to be used to supplement and augment services provided by state agencies and not to take the place of these services. There will be no cost to the general fund of the state for this program because the act specifies that all administrative and programmatic costs will be paid from contributions received by the trust fund.

The trust fund will accept donations from any source but the primary source of funding will be from income tax check-off donations and voluntary contributions made by applicants for driver's licenses, vehicle titles, and license tags. Starting in 1996, individual income tax forms will have a check-off option for donations to the trust fund. The Division of Motor Vehicles contributions will begin as soon as new application forms are printed for driver's licenses, vehicle titles, and tags.

Signed April 1, 1996

Act 387 -- Massage Therapy
H. 3785 -- Representative Charles Sharpe

Currently, masseurs and masseuses in S.C. are not licensed. This act creates a Massage/Bodywork advisory panel and a disciplinary panel within the Department of Labor, Licensing and Regulation (LLR). These panels will be appointed by the Governor just like existing occupational licensure boards but will require less administrative operating cost to LLR than a separate board. These two panels will work with LLR to license and regulate the practice of massage/bodywork. The panel members will be appointed by the Governor with the advice and consent of the Senate. The act takes effect one year after the date of the Governor's approval.

The act establishes the following minimum requirements for licensure as a massage therapist:

1. be at least 18 years old and have a high school diploma or GED;
2. complete a 500 hour course of supervised study at a board-approved massage school having a curriculum approved by LLR; and
3. pass the National Certification Exam for Therapeutic Massage and Bodywork or an examination approved by or administered by LLR.

The act establishes grounds for disciplinary actions, fines, reprimands and license revocation. Decisions by the disciplinary panel and LLR can be appealed to an administrative law judge.

It will be illegal for any unlicensed person to hold himself out as a massage therapist. However, the legislation provides for certain exemptions from licensure to the extent that a person whose licensed practice or profession overlaps with the practice of massage. The act defines the scope of practice for massage therapy by prohibiting a massage/bodywork therapist from practicing chiropractic or physical therapy.

During the first year of the panels' operation, the legislation provides for a provisional license to grandfather applicants who either have not passed the National Exam or who do not meet the approved educational requirements.

Signed June 4, 1996.

Act 419 -- Consent for Autopsy
H. 3182 -- Representative Lucille Whipper

This legislation spells out the consent and family notification required for autopsies and post mortem examinations and for the use of body parts after autopsy. These requirements are as follows:

1. except for an autopsy or postmortem ordered by a coroner or medical examiner, no such exam may be performed without the informed consent of the next-of-kin;
2. after a suspicious death, in the case of an autopsy under the jurisdiction of a medical examiner, the family must be notified that body parts may have been kept to determine cause or manner of death; and
3. whenever an autopsy is performed, whether it is a diagnostic hospital autopsy or a coroner's or medical examiner's autopsy, informed consent must be obtained if any body part is removed for any purpose other than to determine the cause or manner of death (this is to cover harvesting and use of body parts for scientific research or, in very rare cases, transplantation).

Signed June 4, 1996.

Act 426 -- Discrimination in Employment/Educational Television Commission Reauthorization
H. 4277 -- Representative Walker

This act brings South Carolina's law regarding employment discrimination for people with disabilities in conformity with the federal Americans with Disabilities Act (ADA). This legislation adds protections to state law that are consistent with the ADA against employment discriminations because of a disability.

The act makes it unlawful for an employer to exclude or otherwise deny equal jobs or benefits to someone because of a disability; or to fail to make reasonable accommodations to the physical or mental limitations of an otherwise qualified individual with a disability, unless it can be demonstrated that the accommodation would impose an undue hardship on the business; or to deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if the denial is based on the need to make reasonable accommodation to the physical or mental impairments of the employee or applicant; or to use qualification standards, tests, or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test, or other selection criteria is shown to be job related and is consistent with business necessity; or to fail to administer employment tests in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of the employee or applicant, except where the skills are the factors that the test purports to measure.

The act prohibits an employer from conducting medical examinations and inquiries or making inquiries of a job applicant as to whether the applicant has a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. Information obtained regarding the medical condition or history of the applicant must, with some exceptions, be treated as a confidential medical record. An entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.

The legislation provides that it may be a defense to a charge of discrimination that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job related and consistent with business necessity, and the performance cannot be accomplished by reasonable accommodation.

"Reasonable accommodation" means:

1. making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
2. job restructuring, modified work schedules, reassignment, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

The act also explicitly provides that a religious organization may require that all applicants and employees conform to the religious tenets of the organization. In addition, if an individual has an infectious or communicable disease that is transmitted to others through the handling of food, and which cannot be eliminated by reasonable accommodation (as defined in the legislation), an entity may refuse to assign or continue to assign the individual to a job involving food handling.

State law already authorized the Public Service Commission (PSC) to regulate and promote a statewide program to provide telephone access to speech or hearing impaired persons. Since 1992 the PSC has required all local phone companies to charge a 10 cents per month to raise funds for this program. Over $5 million has accumulated in this special account.

This act authorizes the PSC to use these funds to establish a distribution system for telecommunications devises for hearing and speech impaired persons. The commission is authorized to do the following:

1. select an administrator through the State Budget and Control Board procurement process to purchase, store, distribute, and maintain telecommunications devices for persons qualified to receive such equipment. In addition, the administrator must be responsible for providing user training and assistance; and
2. establish qualifications for eligibility for individuals to receive these telecommunications devices. In order for a person to qualify, he will have to provide certification he is hearing impaired, speech impaired, or dual sensory impaired.

In addition, the act reauthorizes the existence of the South Carolina Educational Television Commission until July 1, 2003.

Signed June 18, 1996.

Act 307 -- Infectious Waste
H. 4493 -- Representative Douglas McTeer

The Infectious Waste Management Act of 1989 established a program within DHEC to regulate the storage, transportation, treatment and disposal of infectious waste in South Carolina. The law limited the amount a commercial infectious waste incinerator facility may burn each month but did not limit the amount of waste treated by hospitals or generator facilities if the waste is generated in S.C. and is incinerated on a nonprofit basis. This act amends the Infectious Waste Management Act so that the same limitation on the amount of waste that may be burned each month applies to all permitted infectious waste incinerator facilities in the state.

Became law without the signature of the Governor May 7, 1996.

Act 352 -- Central Cancer Registry Act
H. 4649 -- Representative June Shissias

South Carolina is one of 37 states awarded funding from the Center for Disease Control and Prevention as part of their National Program of Cancer Registries for development or enhancement of a statewide cancer registry. S.C. received $299,581 in the first year of a five year grant program for technical development, staff, equipment, and training to meet national standards of completeness, timeliness, and quality of data. The goal of the national program is to have comparable quality cancer data among states.

This act establishes a statewide Central Cancer Registry to receive, compile, analyze, and make available epidemiological and aggregate clinical cancer case information collected from all health care providers who diagnose and/or treat cancer patients in S.C. The purpose of the registry is to provide statistical information that will reduce morbidity and mortality of cancer in this state. The registry will be administered by DHEC to the extent funds are available to carry out this duty. DHEC will use the information from the registry to formulate a plan for cancer prevention, detection, and surveillance programs and for care of persons suffering from cancer to meet standards of care set forth by nationally recognized and approved accrediting bodies.

A health care provider who diagnoses and/or treats cancer patients will report specific case information to the registry unless the provider already reports to a regional registry. Regional registries will report data on behalf of providers in their area to the Central Cancer Registry. The act states that reporting providers must not incur additional expense in providing information to the registry. The legislation provides that these reporting requirements are suspended if adequate funding is not provided to DHEC.

Information that could identify the cancer patient must be kept strictly confidential. Procedures for the disclosure of confidential information to researchers for the purposes of cancer prevention, control, and research must be promulgated in regulations. The data release protocol developed in coordination with the Budget and Control Board, Office of Research and Statistical Services, must be utilized by the registry to determine appropriate use and release of cancer registry data.

The legislation also establishes a Cancer Control Advisory Committee within DHEC. The committee will be composed of physicians, researchers, other experts and health care consumers. The committee will advise and make recommendations to DHEC about the formulation and implementation of a comprehensive cancer prevention and control program through its review of cancer control services throughout S.C.

Signed May 29, 1996.

Act 277 -- Local Foster Care Review Boards
S. 922 -- Senator Joe Wilson

The Foster Care Review Board used to be an independent agency but it became a division of the Governor's Office in 1993 when the Government Restructuring Act took effect. This act makes two changes in the statute governing the Division of Foster Care Review:

1. equires the Division to submit to the Governor its annual reports and its recommendations on foster care policies, procedures, and deficiencies of public and private agencies that arrange for foster care of children. Prior to passage of this act the agency was required to submit these reports to the General Assembly.
2. eletes the requirement that if a child caring facility or agency is not in agreement with the local review board recommendation relating to permanent placement of a child in its care, the child caring facility or agency must notify the chairman of the local review board within 21 days after receipt of the recommendation. The Legislative Audit Council recommended this change because this information is available from other sources in less than 21 days.

Signed May 6, 1996.

Act 357 -- Moratorium On Construction Projects
S. 501 -- Senator Greg Gregory

This act requires that a municipality or county give a two-week notice before adopting an ordinance imposing a moratorium on a construction project for which a permit has been granted. The notice must be placed in a newspaper of general circulation in the county where the project is located. No moratorium will be imposed without at least two readings which are a week apart.

Signed May 20, 1996.

Act 336 -- Alzheimer's Special Care Disclosure Act
S. 1226 -- Senator Warren Giese

This act requires any facility that provides care or offers to provide care for persons with Alzheimer's or a related disorder through an Alzheimer's Special Care Unit or Program to disclose the type of treatment or form of care which distinguishes that facility as being especially applicable to, or suitable for these persons.

This act requires that the disclosure be made to DHEC and the responsible party. The information includes criteria for admission, transfer and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery.

Signed May 20, 1996.

Act 380 -- Compensation/Benefits For Special Purpose/Public Service Districts
H. 3141 -- Representative Denny Neilson

This legislation makes the reimbursement for the governing body of a special purpose or public service district consistent with the reimbursement allowed by law for members of boards, commissions, and committees. This reimbursement is set annually in the State Appropriations Act.

Became law without Governor's signature June 6, 1996.

Consumer Options For Financing of Long-term Care
H. 4329 -- Representative Patrick Harris

This legislation directs the Joint Committee on Aging, in conjunction with the Center for Health Policy, Institute of Public Affairs, University of South Carolina, to identify and study options for consumer financing of long-term care. These options include, but are not limited to, long-term care insurance, long-term care insurance public-private partnerships, individual and employer medical savings accounts, life insurance with accelerated death benefits, and the Medicaid Estate Recovery Act.

The legislation requires the Joint Committee on Aging to submit a report of the results of the study to the General Assembly by January 1, 1997. This report should include policy and legislative recommendations and strategies for educating the public about these options and about the need for individuals to take responsibility for preparing financially for their long-term care needs.

Became law without the signature of the Governor May 7, 1996.

Act 304 -- Reserve Police Officers
H. 4354 -- Representative Alfred Robinson

This act requires any reserve police officer or auxiliary appointed after January 1, 1996, to work accompanied by a full-time, certified South Carolina police officer or deputy sheriff for a minimum of 240 hours before being allowed to work alone while remaining in proximate contact with the full-time officer or deputy to whom the reserve is assigned. Reserve or auxiliary officers appointed prior to January 1, 1996, and who have at least 240 hours of training are exempt from this requirement.

Signed May 6, 1996.

Act 305 -- Alzheimer's Disease Resource Coordination Center Grant Program
H. 4361 -- Representative Patrick Harris

This act directs the Alzheimer's Disease and Related Disorders Resource Coordination Center to develop a grant program to assist communities with problems relative to Alzheimer's disease. This act also requires the grant recipient to provide matching funds or in-kind contributions. In awarding the grants, consideration will be given to recommendations made by the Center Advisory Council on priority needs and criteria for selecting grant recipients. The General Assembly has appropriated $100,000 for Alzheimer's grant funding for FY 1996-97.

Signed May 6, 1996.

Act 263 -- Firefighter Emergency Medical Technicians (EMT's)
H. 4365 -- Representative Stephen Lanford

This legislation allows a firefighter who is employed by a municipality, county, state, or other political subdivision to enroll in an emergency medical technician course regardless of whether or not the firefighter's department has an ambulance. This legislation also allows agencies, such as fire departments, who are not licensed transport services to provide advanced EMT care.

Signed April 1, 1996.

Act 350 -- South Carolina Veterans' Homes
H. 4568 -- Representative Hutson

This acts allows the S.C. Mental Health Commission to establish S.C. veterans' homes on property owned by the Department of Mental Health. The purpose of these homes is to provide treatment for S.C. veterans who are mentally ill or whose physical condition requires long-term nursing care. Patients at these facilities must be South Carolina veterans.

This legislation designates the Mental Health Commission as the state agency that will apply for and accept gifts, grants, and other contributions from the federal government or from any other governmental entity for the operation and construction of these homes. This legislation also requires the Mental Health Commission to consult with the Division of Veterans' Affairs regarding the policies, management, and operation of these homes.

Signed May 29, 1996.

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Last Updated: September 21, 2001 at 9:19 AM