S*0481(Rat #0061, Act #0041 of 2007)  General Bill, By Anderson and Fair
 AN ACT TO AMEND CHAPTER 1, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-285 SO AS TO
 ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT; TO PROVIDE WHO
 MAY MAKE A DONATION AND IN WHAT MANNER DONATIONS MAY BE MADE; TO PROVIDE THAT
 INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS; TO
 PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS
 OR PROCEDURES REQUIRED TO MAKE AN ORGAN OR TISSUE DONATION; TO PROVIDE THAT
 WITHIN PRISONER HOUSING UNITS THE DEPARTMENT MUST DISPLAY SIGNAGE INFORMING
 PRISONERS OF THE DONOR PROGRAM AND UPON REQUEST PROVIDE A PRISONER WITH
 CERTAIN DONOR FORMS; TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH
 APPROPRIATE MEDICAL AUTHORITIES, MUST ESTABLISH PROCEDURES TO FACILITATE
 PRISONER PARTICIPATION IN BONE MARROW DONOR PROGRAMS AND ENSURE THAT ORGAN AND
 TISSUE DONATIONS MADE BY PRISONERS MUST COMPLY WITH CERTAIN PROVISIONS OF LAW;
 AND TO PROVIDE THAT ALL ORGAN, TISSUE, AND BONE MARROW DONATIONS MADE UNDER
 THE PROGRAM BE VOLUNTARY. - ratified title

   02/22/07  Senate Introduced and read first time SJ-3
   02/22/07  Senate Referred to Committee on Corrections and Penology SJ-3
   04/10/07  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-7
   04/12/07  Senate Amended SJ-59
   04/12/07  Senate Read second time SJ-59
   04/12/07  Senate Unanimous consent for third reading on next
                     legislative day SJ-59
   04/13/07  Senate Read third time and sent to House SJ-2
   04/17/07  House  Introduced and read first time HJ-20
   04/17/07  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-21
   05/16/07  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-4
   05/22/07  House  Read second time HJ-18
   05/23/07  House  Read third time and enrolled HJ-30
   05/29/07         Ratified R 61
   06/04/07         Signed By Governor
   06/06/07         Copies available
   06/06/07         Effective date 06/04/07
   06/15/07         Act No. 41

(A41, R61, S481)

AN ACT TO AMEND CHAPTER 1, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-285 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT; TO PROVIDE WHO MAY MAKE A DONATION AND IN WHAT MANNER DONATIONS MAY BE MADE; TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS; TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN OR TISSUE DONATION; TO PROVIDE THAT WITHIN PRISONER HOUSING UNITS THE DEPARTMENT MUST DISPLAY SIGNAGE INFORMING PRISONERS OF THE DONOR PROGRAM AND UPON REQUEST PROVIDE A PRISONER WITH CERTAIN DONOR FORMS; TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST ESTABLISH PROCEDURES TO FACILITATE PRISONER PARTICIPATION IN BONE MARROW DONOR PROGRAMS AND ENSURE THAT ORGAN AND TISSUE DONATIONS MADE BY PRISONERS MUST COMPLY WITH CERTAIN PROVISIONS OF LAW; AND TO PROVIDE THAT ALL ORGAN, TISSUE, AND BONE MARROW DONATIONS MADE UNDER THE PROGRAM BE VOLUNTARY.

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

Organ and Tissue Donor Program created

SECTION    1.        Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-285.    (A)    An organ and tissue donor program is established within the Department of Corrections. The purpose of the program is to educate prisoners about the need for organ and tissue donors, the procedures required to become a registered organ donor, and, in the case of bone marrow donors, the procedures for determining the person's tissue type and the medical procedures a donor must undergo to donate bone marrow. The Medical University of South Carolina and the University of South Carolina, School of Medicine, in conjunction with the Department of Corrections, must make available to prisoners educational pamphlets and brochures concerning bone marrow donation and the bone marrow donation programs operating in this State.

(B)    Organ or tissue donations, other than bone marrow donations, may be made by a prisoner, or other person, who meets the requirements contained in Section 44-43-330 and in the manner provided by Section 44-43-350. However, if the department determines that a prisoner's participation in the program would constitute a threat to security, then the department may prohibit the prisoner from participating.

(C)    The department is not responsible for any costs associated with tests or other procedures required to make an organ or tissue donation, including costs associated with follow-up doctor appointments or complications arising from donation.

(D)    Within its prisoner housing units, the department must display signage informing prisoners of the donor program and, upon request, must provide prisoners with a form, sufficient under the provisions of the Uniform Anatomical Gift Act, for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of the act. If the prisoner would like to make an organ or tissue donation, the department must provide the prisoner with appropriate assistance and the presence of the legally required number of witnesses. A prisoner's election to donate all or any part of his body pursuant to this section must be noted in his prison records.

(E)    The department, in conjunction with appropriate medical authorities, must develop and maintain policies and procedures to:

(1)    facilitate participation by interested prisoners in the bone marrow donor programs established in Article 2, Chapter 43, Title 44; and

(2)    ensure that organ and tissue donations made by prisoners, other than bone marrow donations, comply with Articles 5, 7, and 11, Chapter 43 of Title 44.

(F)    All organ or tissue donations, including bone marrow donations, made pursuant to this section must be made on a voluntary basis."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2007.

Approved the 4th day of June, 2007.