H 3334 General Bill, By W.D. Keyserling, Bailey, Cave, Clyburn, J.L. Harris, 
Haskins, J. Hines, H.G. Hutson, Inabinett, Keegan, Klauber, Law, L.H. Limbaugh, 
Lloyd, McCraw, Meacham, Moody-Lawrence, J.H. Neal, Neilson, Phillips, Rhoad, 
Richardson, Scott, Spearman and Vaughn

Similar(H 3182)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-43-720 so as to prohibit body parts from a dead body removed during an
 autopsy to be used for organ or tissue donation unless consent has been
 obtained; to amend Section 17-5-260, relating to autopsies performed on
 persons dying as a result of violence or in any unusual or suspicious
 circumstances, so as to require notice to the family of the decedent if organs
 or tissue are removed permanently; to amend Sections 44-43-330 and 44-43-950,
 both as amended, and both relating to consent for organ and tissue donation,
 so as to require that counseling be provided and witnessed and a statement
 signed that counseling was received and to require the form be written so as
 to be understandable to a lay person; and to amend Section 44-43-710, relating
 to consent for autopsies, so as to require a consent to an autopsy be written
 so as to be understandable to a lay person.

   01/19/95  House  Introduced and read first time HJ-9
   01/19/95  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-10

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTION 17-5-260, RELATING TO AUTOPSIES PERFORMED ON PERSONS DYING AS A RESULT OF VIOLENCE OR IN ANY UNUSUAL OR SUSPICIOUS CIRCUMSTANCES, SO AS TO REQUIRE NOTICE TO THE FAMILY OF THE DECEDENT IF ORGANS OR TISSUE ARE REMOVED PERMANENTLY; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING BE PROVIDED AND WITNESSED AND A STATEMENT SIGNED THAT COUNSELING WAS RECEIVED AND TO REQUIRE THE FORM BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON; AND TO AMEND SECTION 44-43-710, RELATING TO CONSENT FOR AUTOPSIES, SO AS TO REQUIRE A CONSENT TO AN AUTOPSY BE WRITTEN SO AS TO BE UNDERSTANDABLE TO A LAY PERSON.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-43-720. In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for the purpose of organ or tissue donation unless authorization for the donation was obtained from the decedent pursuant to the Uniform Anatomical Gift Act, as provided for in Article 5, or from a person authorized under Section 44-43-330(b) or 44-43-950 to consent to the donation."

SECTION 2. Section 17-5-260 of the 1976 Code is amended by adding at the end:

"The county medical examiner shall notify the family or next of kin of the decedent of any organs or tissue permanently removed from the body of the decedent in the performance of an autopsy under this section."

SECTION 3. Section 44-43-330 (b) of the 1976 Code, as last amended by Act 306 of 1992, is further amended by adding at the end:

"However, to authorize the donation of all or any part of the decedent's body, a person must:

(1) receive face-to-face counseling provided by and witnessed by a health care professional or social worker;

(2) sign a statement that the counseling was received and this statement must be witnessed by the health care professional or social worker witnessing the counseling;

(3) sign a consent form written in plain language understandable to a lay person and this form must be separate from a form authorizing an autopsy."

SECTION 4. Section 44-43-710 of the 1976 Code is amended by adding at the end:

"Consent given pursuant to this section must be on a form written in plain language understandable by a lay person."

SECTION 5. Section 44-43-950 of the 1976 Code, as last amended by Act 306 of 1992, is further amended by adding at the end:

"However, to authorize the donation of all or any part of the decedent's body, a person must:

(1) receive face-to-face counseling provided by and witnessed by a health care professional or social worker;

(2) sign a statement that the counseling was received and this statement must be witnessed by the health care professional or social worker witnessing the counseling;

(3) sign a consent form written in plain language understandable to a lay person and this form must be separate from a form authorizing an autopsy."

SECTION 6. This act takes effect upon approval by the Governor.