South Carolina Statehouse Blog

Bill S. 970, a bill regarding medical patients’ privacy rights, is set to see debate today. The bill, sponsored by Senator Hutto, specifically states that if a patient has been diagnosed with HIV, the information is strictly confidential. Therefore, in the context of public schools, no administrators may be notified that the given student is carrying the virus. The patient’s medical information in this situation would be confidential.

The current code states that if the patient has tested positive for HIV at a public health clinic, the information must be forwarded to administrators, principals and so on at the school that the student attends. Rep. Crawford stated that “there is no evidence that anyone’s privacy has been breached by a school official.”

Representative Kris Crawford, a practicing physician, takes exception to the bill and the law, and sees changes that should be made. He believes they were both poorly drawn, and stated that the schools should be notified that a student of theirs does in fact have HIV. However, he agrees that the student’s name should not be given.

The reasoning for not giving the name is that patients can get a “chilling effect,” and will not get tested if they fear people will find out. However, as stated, there is no evidence of privacy being breached. Regardless, it can cause people to worry about it and make the wrong decision.

Moreover, Rep. Crawford believes that it should encompass all blood-borne illnesses, not just HIV. He says that HIV is not unique in the way it is transmitted, so it should not be singled out. Therefore, all blood-borne illnesses, like HIV and Hepatitis, will be included in this bill.

According to Rep. Crawford, the Department of Health and Environmental Control(DHEC) will have to notify the school that there is an anonymous student with the given illness. If there is a laceration and/or a possibility of a transfer of bodily fluids, like in the case of a stab wound, sports-related lacerations, and so on, the nurse must notify DHEC, as proper procedure. They will then explain what to do if the nurse is not familiar with this sort of situation. The student will go to the hospital as safe, proper procedure suggests and then get prophylaxis treatment to try to prevent the illness.

If, in this sort of case, the student must be treated to prevent the spreading of the illness, it will clearly be realized that the other person involved was in fact infected with it. So, the anonymity would not be able to be kept. This is easily justified, as Rep Crawford states “our goal is to make sure nobody’s life or health is in danger, and in this case, that person’s life is in danger.”

Rep. Crawford is hopeful this bill will pass today, as this seems to be relatively straightforward public health policy. Furthermore, there is an effective compromise being made to make everyone happy, in that health conditions are kept private, but safety is also a main priority. Rep Crawford said “I don’t think what we were doing made sense, and I don’t think the way the bill was initially drawn made sense.” Through compromise and collaboration, it seems they have come up with something that does in fact make sense.