Legislation would eliminate requirement to tell schools students are HIV positive
The Department of Health and Environmental Control will continue to notify schools when a student tests positive for HIV/AIDS unless lawmakers override a veto by Gov. Mark Sanford.
Sanford vetoed a bill Wednesday that would have eliminated a state requirement that DHEC notify a school superintendent and school nurse when a student tests positive for HIV at any private doctor's office or health clinic in the state.
"In the interest of health and safety for all children, DHEC should continue to notify the proper school officials if a child has AIDS/HIV," the governor wrote in his veto message. "If anything, we would take this law a step further by adding two other highly contagious bloodborne diseases -- Hepatitis B as well as Hepatitis C."
The bill's sponsors say they will try to override the governor's veto when the General Assembly reconvenes later this month. Two-thirds of both the House and Senate would have to agree to override the governor.
Rep. Bakari Sellers, D-Bamberg, points out federal law prevents nurses and superintendents from sharing the information with other school staff, parents or students.
Thus, notification is pointless, he said. "They can't do anything with the information."
In his veto letter, the governor acknowledged federal law blocks schools from passing the information along. "But I see no reason that state law should codify this misguided principle that is now, indeed, codified at the federal level of law," he wrote.
Bill proponents say continuing to inform schools of a student's HIV status will discourage young people from getting tested.
"This (virus) is ravaging our communities, particularly African-American communities," Sellers said. "We don't need barriers that prevent people from getting tested. We need to break down all the barriers we can."
And stereotypes about the virus will continue, said Bambi Gaddist, executive director of the S.C. HIV/AIDS Council.
"What we're talking about is violating someone's right to medical privacy based on their age and based on one health condition," Gaddist said. "The question is why do (school officials) need access to this information?"
The bill, which Sellers, Sen. Brad Hutto, D-Orangeburg and Rep. Kris Crawford, R-Florence, drafted, outlines a process for schools to follow if a student is exposed to HIV/AIDS, Hepatitis B or Hepatitis C.
If students got into a fight, clashed on the sports field or had any type of interaction where blood was exchanged, the school nurse would contact DHEC to determine if any of the students has a bloodborne illness.
If one of them does, the nurse would immediately send students in danger of infection to the emergency room, where they would get treatment to lessen the likelihood of transmission.
Joel Sawyer, the governor's spokesman, said school nurses can already do this under current law.
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Copyright (C) 2008 The State, Columbia, S.C.