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Enacts the Cervical Cancer Prevention Act

Location: SC
Title: Enacts the Cervical Cancer Prevention Act
Identifier: H 3204/ SB 278
Stance: WATCH
Action Required: None at this time
Status: H 3204 Signed by Governor and effective on 4/21/16, Act 151

Description:

UPDATE: 5/18/2016 -  H 3204 signed by the Governor on 4/21/2016. While SB 278 was recommitted to Committee on Medical Affairs on 4/26/2016.

UPDATE: 4/20/2016 -  H 3204 failed to move in the senate during in 2015 legislative session.  However South Carolina bills carry over from odd to even years and H 3204 was amended and passed by the full senate on April 6th, the house concurred and the bill was passed April 13, 2016 and signed by the governor on 4/21/2016

The final version  that passed was much different than the original version.  The bill that passed makes it clear that the HPV Vaccine is not required for school. 

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Cervical Cancer Prevention Act".

SECTION    2.    Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-185.    (A)(1)    Beginning with the 2016-2017 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students. Adolescent students include children enrolling in the seventh grade in any school, public, private, or home schooling program in this State.

(2)    No student is required to have the cervical cancer vaccination series before enrolling in or attending school. Consent of a parent or guardian is required for a student to receive the cervical cancer vaccination from the department, except as provided under Section 63-5-340.

(B)(1)    The department may develop and provide, to each school and home schooling program whose grade levels include grade six, informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically must state the benefits and side effects of the cervical cancer vaccination series and that the vaccination series is optional. The brochure must encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated. At the beginning of the school year, each school and home schooling program may provide this informational brochure to the parents or guardians of all students in the sixth grade.

(2)    The department shall disclose the benefits, adverse risks, and side effects of the adolescent vaccination series offered, which must take into account medical findings by the health care profession in this State, another state, or any other country. The department shall encourage the parent or guardian of a student to take the child to the child's own health care provider for a full discussion of the benefits and side effects of receiving any adolescent vaccination series.

(C)    For the purposes of this section 'cervical cancer vaccination series' means the human papillomavirus vaccination series.

(D)    Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccination series to eligible students as well as the availability of funds to produce the informational brochure provided for in subsection (B)(1).

(E)    The department may not contract with a health care provider to offer the vaccination series if the health care provider performs abortions."

SECTION    3.    This act takes effect upon approval by the Governor. 

http://www.scstatehouse.gov/sess121_2015-2016/prever/3204_20160323.htm - final version of H 3204

UPDATE: 5/27/2015 - The Senate Committee on Medical Affairs reported favorably by the majority and unfavorable by the majority on 4/21/15.

UPDATE: 3/18/2015 - H 3204 passed the full house on March 18, 2014. The bill is now in the senate and was referred to the Senate Committee on Medical Affairs. 

Committee members for Senate Committee on Medical Affairs:

http://www.scstatehouse.gov/votehistory.php?KEY=9424 - vote in the house. 

UPDATE: 3/9/2015 - H 3204 was reported out of committee favorably and is scheduled for debate on the house floor for 3/17/2015. 

H 3204 was prefiled and referred to the Committee on Medical, Military, Public and Municipal Affairs  on 12/18/14.  The bill is sponsored by Representaatives Bernstein and J.E. Smith.  A similar bill passed the house last year, but failed to move forward in the senate. SB 278 was introduced on 1/13/2015 and referred to the Senate Committee on Medical Affairs. 

These bills are the same and would allow the Department of Health and Environmental Control to offer the cervical cancer vaccination series for adolescent students enrolling in the seventh grade in any school, public or private, in South Carolina. 

Even though no student would be required to receive the HPV Vaccine, these bills should still be opposed.  The school setting is not the appropriate place for vaccination or vaccination education. 

http://www.scstatehouse.gov/billsearch.php?summary=B&session=121&billnumbers=3204 - text and history for H 3204

http://www.scstatehouse.gov/billsearch.php?summary=B&session=121&billnumbers=278 - text and history for SB 278

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Cervical Cancer Prevention Act".

SECTION    2.    Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-185.    (A)    Beginning with the 2015-2016 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students enrolling in the seventh grade in any school, public or private, in this State. No student is required to have the cervical cancer vaccination series before enrolling in or attending school.

(B)(1)    The department may develop and provide to each school whose grade levels include grade six informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically must state that the cervical cancer vaccination series is optional and shall encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated.

(2)    At the beginning of the school year each school district may provide this informational brochure to the parents or guardians of all students in the sixth grade.

(C)    For the purposes of this section 'cervical cancer vaccination series' means the human papillomavirus vaccination series.

(D)    Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccination series to eligible students as well as the availability of funds to produce the informational brochure provided for in subsection (B)."

SECTION    3.    This act takes effect upon approval by the Governor. 

 

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

H 3204 was prefiled and referred to the Committee on Medical, Military, Public and Municipal Affairs  on 12/18/14. 

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Cervical Cancer Prevention Act".

SECTION    2.    Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-185.    (A)    Beginning with the 2015-2016 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students enrolling in the seventh grade in any school, public or private, in this State. No student is required to have the cervical cancer vaccination series before enrolling in or attending school.

(B)(1)    The department may develop and provide to each school whose grade levels include grade six informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically must state that the cervical cancer vaccination series is optional and shall encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated.

(2)    At the beginning of the school year each school district may provide this informational brochure to the parents or guardians of all students in the sixth grade.

(C)    For the purposes of this section 'cervical cancer vaccination series' means the human papillomavirus vaccination series.

(D)    Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccination series to eligible students as well as the availability of funds to produce the informational brochure provided for in subsection (B)."

SECTION    3.    This act takes effect upon approval by the Governor.