(A) At the request of a veteran, or his next of kin if the veteran is deceased, who believes that he may have been exposed to chemical agents, including Agent Orange, while serving in the armed forces of the United States, any physician or other health care provider who has the primary responsibility for treating the veteran must report the following information to the program:

(1) symptoms of the veteran which may be related to exposure to a chemical agent, including Agent Orange;

Terms Used In South Carolina Code 44-40-50

  • Agent Orange: means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD). See South Carolina Code 44-40-20
  • Chemical agent: means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents. See South Carolina Code 44-40-20
  • Program: means the Agent Orange Information and Assistance Program. See South Carolina Code 44-40-20
  • Veteran: means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975. See South Carolina Code 44-40-20

(2) diagnosis;

(3) methods of treatment prescribed;

(4) other information as determined by the program.

If there is no physician or other health care provider with the responsibility, the hospital treating the veteran shall make the report. If there is no health care provider or hospital treating the veteran, the veteran or his next of kin may submit the report directly to the program.

(B) The identity of a veteran about whom information is received by the program under this section is confidential information and may not be disclosed without the consent of the veteran or his personal representative. Summary data based on information received under this section is not confidential. No action or proceeding, civil or criminal, shall lie against any health care provider or hospital who provides information to the program pursuant to this section.

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