H*4092(Rat #0642, Act #0505 of 1992)  General Bill, By J. Rama
 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 and to
 provide that the Medical University of South Carolina and the University of
 South Carolina shall conduct bone marrow drives.-amended title

   01/14/92  House  Introduced and read first time HJ-178
   01/14/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-178
   03/04/92  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-3
   03/18/92  House  Debate adjourned until Tuesday, March 24, 1992 HJ-3
   03/24/92  House  Amended HJ-21
   03/24/92  House  Read second time HJ-24
   03/25/92  House  Read third time and sent to Senate HJ-23
   03/26/92  Senate Introduced and read first time SJ-15
   03/26/92  Senate Referred to Committee on Medical Affairs SJ-15
   04/29/92  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-261
   04/30/92  Senate Amended SJ-83
   04/30/92  Senate Read second time SJ-83
   06/03/92  Senate Read third time and returned to House with
                     amendments SJ-50
   06/04/92  Senate Recalled from House
   06/04/92  House  Returned to the Senate HJ-39
   06/04/92  Senate Returned SJ-80
   06/04/92  House  Concurred in Senate amendment and enrolled HJ-46
   06/04/92         Ratified R 642
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 505
   07/28/92         Copies available

AN ACT 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 AND TO PROVIDE THAT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE UNIVERSITY OF SOUTH CAROLINA SHALL CONDUCT BONE MARROW DRIVES.

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

Bone Marrow Donor Act

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) Bone Marrow Donor Programs are established within the Medical University of South Carolina and within the University of South Carolina. 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 Medical University of South Carolina and the University of South Carolina 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 may 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 at 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."

Bone Marrow Drives

SECTION 2. Between July 1, 1992, and June 30, 1993, the Medical University of South Carolina and the University of South Carolina through their bone marrow donor programs shall conduct bone marrow donor drives 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.

Time effective

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

Approved the 1st day of July, 1992.