S 1073 General Bill, By T.H. Pope
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 2
 to Chapter 43, Title 44 so as to enact the Bone Marrow Donor Act.

   10/14/91  Senate Prefiled
   10/14/91  Senate Referred to Committee on Medical Affairs
   01/14/92  Senate Introduced and read first time SJ-22
   01/14/92  Senate Referred to Committee on Medical Affairs SJ-22

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.

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

SECTION 1. Chapter 43, Title 44 of the 1976 Code is amended by adding:

"Article 2

Section 44-43-60. This article may be cited as the Bone Marrow Donor Act.

Section 44-43-70. (A) There is established a Bone Marrow Donor Program within the Department of Health and Environmental Control. The purpose of this program is to educate citizens of the State about:

(1) the need for bone marrow donors;

(2) the procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type; and

(3) the medical procedures a donor must undergo to donate bone marrow.

(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The department in conjunction with the South Carolina Department of Highways and Public Transportation shall make educational materials available at all places where drivers' licenses are issued or renewed.

Section 44-43-80. (A) An employer shall grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, `employer' means a person or entity that employs twenty or more employees at least one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. `Employee' means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor.

(B) The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time. The employer may require verification by a physician of the purpose and length of each paid leave of absence requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited.

(C) An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section.

(D) This section does not prevent an employer from providing a paid leave of absence for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.

(E) Upon notification that an employee has been denied a paid leave of absence required by this section, the Commissioner of the Department of Health and Environmental Control shall request the Attorney General to institute a civil action in the circuit court of the county where the employee is employed or wherein the employer may be found to enjoin, restrain, or prevent a violation of this section. No injunction bond may be required to be filed in any proceeding brought under this section. Injunctive relief may not be denied on the grounds that an employee has failed to exhaust administrative remedies or that irreparable harm may not occur from a violation of this section. The court may assess a civil penalty for a violation of this section in an amount not to exceed two thousand five hundred dollars."

SECTION 2. Between July 1, 1992, and June 30, 1993, the Department of Health and Environmental Control through the Bone Marrow Donor Program shall conduct a bone marrow donor drive to encourage state employees to volunteer to be potential bone marrow donors. The drive must include presentations and the dissemination of educational materials that explain the need for bone marrow donors and the procedures for becoming registered as a potential bone marrow donor. All state agencies shall cooperate in this effort and provide assistance as needed to organize and conduct the drive.

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