S 0634 General Bill, By Lander

Similar(S 935, H 3023, H 3689, H 4351)
 A Bill to amend the Code of Laws of South Carolina, 1976, to enact the "Gift
 of Life Organ and Tissue Procurement Act of 1995" by adding Section 12-7-2414
 so as to provide for an income tax checkoff for the Gift of Life Trust
 Fund.-short title

   03/14/95  Senate Introduced and read first time SJ-132
   03/14/95  Senate Referred to Committee on Finance SJ-132

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995" BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR AN INCOME TAX CHECKOFF FOR THE GIFT OF LIFE TRUST FUND; BY ADDING SECTION 44-43-720 SO AS TO REQUIRE CONSENT WHEN AN ORGAN REMOVED DURING AN AUTOPSY IS USED FOR ORGAN DONATION; BY ADDING SECTION 44-43-1012 SO AS TO PROHIBIT THE RELEASE OF THE IDENTITY OF AN ORGAN DONOR OR RECIPIENT WITHOUT CONSENT; BY ADDING SECTION 44-43-1014 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ANNUALLY REVIEW HOSPITAL DEATH RECORDS TO DETERMINE THE HOSPITALS' COMPLIANCE WITH ORGAN AND TISSUE PROTOCOLS; TO AMEND TITLE 44, CHAPTER 43, RELATING TO DISPOSITION OF HUMAN BODIES BY ADDING ARTICLE 13 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND AND ITS BOARD OF DIRECTORS AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND DUTIES; TO ADD SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO GIVE PERSONS RENEWING THEIR DRIVER'S LICENSE AN OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER OF CERTAIN DEATHS, SO AS TO REQUIRE THE MEDICAL EXAMINER TO PROVIDE THE AUTOPSY REPORT TO THE NEXT OF KIN IF REQUESTED AND TO STATE IF ANY ORGANS WERE REMOVED PERMANENTLY; TO AMEND SECTION 44-43-40, RELATING TO DRIVERS' LICENSES REFLECTING ORGAN DONATIONS, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO PLACE DONOR INFORMATION OBTAINED THROUGH DRIVER'S LICENSE ISSUANCE AND RENEWAL IN THE DEPARTMENT'S DATA BASE AND TO MAKE THIS AVAILABLE TO CERTAIN MEDICAL AND LAW ENFORCEMENT PERSONNEL; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO REVISE THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PERSONS WHO MAY BE ORGAN DONORS, SO AS TO ALLOW SIXTEEN OR SEVENTEEN YEAR OLDS TO BE DONORS WITH PARENTAL CONSENT, TO PROVIDE THAT AN ORGAN DONATION GIFT MADE BY A PERSON BEFORE DEATH TAKES PRECEDENCE OVER THE WISHES OF SURVIVING FAMILY AND TO PROVIDE PROCEDURES FOR OBTAINING CONSENT FROM RELATIVES; TO AMEND SECTION 44-43-710, RELATING TO CONSENT TO PERFORM AN AUTOPSY, SO AS TO REQUIRE THAT THE FORM MUST BE WRITTEN IN PLAIN LANGUAGE; TO AMEND SECTION 44-43-910, RELATING TO DEFINITIONS UNDER HOSPITAL PROTOCOLS FOR ORGAN DONATION, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 44-43-920, RELATING TO HOSPITAL POLICIES FOR ORGAN DONATION, SO AS TO REQUIRE A HOSPITAL TO CONTACT THE SOUTH CAROLINA ORGAN DONOR NETWORK AT THE TIME OF EACH HOSPITAL DEATH TO DETERMINE SUITABILITY OF THE DECEDENT FOR ORGAN DONATION; TO AMEND SECTION 44-43-930, RELATING TO HOSPITAL CONTACT WITH FAMILIES OF POTENTIAL ORGAN DONORS, SO AS TO PROVIDE PROCEDURES FOR OBTAINING ORGAN DONATIONS FROM POTENTIAL DONORS; TO AMEND SECTION 44-43-950, RELATING TO WHO MAY CONSENT TO ORGAN DONATION, SO AS TO PROVIDE PROCEDURES FOR OBTAINING CONSENT; TO AMEND SECTION 44-43-970, RELATING TO AGENCIES WHICH MAY RECEIVE ORGAN REFERRALS AND DONATIONS, SO AS TO FURTHER DEFINE THESE AGENCIES; TO AMEND SECTION 44-43-990, RELATING TO PHYSICIAN NOTIFICATION OF POTENTIAL ORGAN DONATIONS, SO AS TO REVISE THE NOTICE REQUIREMENT; AND TO AMEND SECTION 44-43-1000, RELATING TO MEDICAL RECORDS OF ORGAN DONORS, SO AS TO REVISE THE REQUIRED CONTENTS OF THE RECORDS.

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

SECTION 1. This act may be cited as the "Gift of Life Organ and Tissue Procurement Act of 1995".

SECTION 2. The 1976 Code is amended by adding:

"Section 12-7-2414. (A) Each taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.

(B) All South Carolina income tax return forms must contain a designation for a contribution to the Gift of Life Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Gift of Life Trust Fund was established and the use of monies from the income tax contribution.

(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated pursuant to subsection (B). The department annually shall determine the total amount designated plus the amount received in excess payments and shall report the total amount to the State Treasurer. The State Treasurer shall credit the total amount to the Gift of Life Trust Fund at the earliest possible time.

(D) The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended for the purposes of the fund."

SECTION 3. 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 and transplantation or for research purposes 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 4. The 1976 Code is amended by adding:

"Section 44-43-1012. The identity of an organ or tissue donor and of the organ or tissue recipient may not be released unless written consent is given by both the recipient and the next of kin of the decedent."

SECTION 5. The 1976 code is amended by adding:

"Section 44-43-1014. (A) The Department of Health and Environmental Control, in consultation with the South Carolina Donor Network, annually shall review death records at hospitals to determine the hospital's compliance with the organ and tissue donor protocols provided for in this article.

(B) For the purpose of conducting these reviews, the department may authorize the South Carolina Donor Network to act as the department's agent.

(C) The South Carolina Donor Network shall maintain the confidentiality of all medical records reviewed.

(D) No cost may be assessed against a hospital for a review under this section.

(E) The department shall compile an annual report before March first of each year."

SECTION 6. Title 44, Chapter 43 of the 1976 Code is amended by adding:

Section 44-43-1310. There is established the Gift of Life Trust Fund, an eleemosynary corporation, the resources of which must be used to provide organ and tissue education including, but not limited to, public campaigns and school-based programs and to provide financial assistance to transplant recipients who have exhausted all other means of assistance available to procure anti-rejection medications. The trust fund shall accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. The trust fund shall supplement and augment services provided by state agencies and does not take the place of these services.

Section 44-43-1320. (A) The Gift of Life Trust Fund is to be administered by a board of directors appointed by the Governor composed of:

(1) one representative from a South Carolina certified organ procurement organization that is a member of and abides by the rules and regulations of United Network for Organ Sharing;

(2) one representative from a South Carolina tissue procurement organization that is a member of and abides by the rules and regulations of the American Association of Tissue Banks;

(3) one representative from a South Carolina eye bank that is a member of and abides by the rules and regulations of the Eye Bank Association of America;

(4) six members representing organ, tissue, and eye recipients, families of recipients, and families of donors that reside in South Carolina;

(5) four representatives from regional trauma centers, one each from the Piedmont, Midlands, Pee Dee, and Low Country regions;

(6) the Director of the Department of Health and Environmental Control who shall serve ex officio or the director's designee;

(7) the Director of the Department of Revenue and Taxation who shall serve ex officio or the director's designee.

Appointments must be made so as to provide representation on the board from the Low Country, Pee Dee, Midlands, and Piedmont regions of the State.

(B) Members shall serve terms of five years and until successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Members may succeed themselves in office.

Section 44-43-1330. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.

Section 44-43-1340. In administering this article, the board shall:

(1) develop and implement organ and tissue donation, educational programs, and campaigns;

(2) monitor the incidence of organ and tissue donation in South Carolina;

(3) make policy recommendations for the promotion of organ and tissue donation;

(4) evaluate applications for and award financial assistance to organ and tissue recipients for anti-rejection medications in accordance with this chapter.

Section 44-43-1350. The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Five members constitute a quorum.

Section 44-43-1360. The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue and Taxation pursuant to Sections 12-7-2414 and 59-1-143.

Section 44-43-1370. Of the total funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue and Taxation:

(1) No more than twenty percent may be spent for the administration of the article including, but not limited to, personnel and board expenses.

(2) Twenty-five percent must be used to develop and promote, in cooperation with the South Carolina Donor Network, organ and tissue donor public awareness educational programs using in-state production and advertising companies as long as they are cost effective in comparison to national production and advertising companies.

(3) Ten percent must be transferred to the State Department of Education for implementation of organ and tissue donation awareness programs in the primary and secondary school system developed in cooperation with the South Carolina Donor Network.

(4) Two and one-half percent must be transferred to the Medical University of South Carolina School of Medicine, Charleston, South Carolina, and two and one-half percent must be transferred to the University of South Carolina School of Medicine, Columbia, South Carolina, to incorporate organ and tissue donation into their medical school curriculum. Each school annually shall conduct a survey to determine if attitudes of their students and graduates have been altered by the curriculums.

(5) Thirty-five percent must be expended to provide financial assistance to transplant recipients who have exhausted all means available to cover the cost of the recipient's anti-rejection medications. However, no funds may be paid directly to the recipient. To be eligible to receive assistance from the trust fund, a transplant recipient must:

(a) be referred to the trust fund by the recipient's transplant center;

(b) complete the application and financial disclosure form which must include, but is not limited to:

(i) a copy of the previous year's state and federal income tax return;

(ii) a copy of bank statements, statements concerning certificates of deposit, stocks and bonds, and insurance policies including life, disability, and health policies;

(iii) a copy of Medicare and Medicaid cards and health insurance cards;

(iv) a signed release to obtain a social security history;

(v) a signed release to obtain the previous three years' federal and state income tax returns;

(vi) evidence that applications have been made to and denied from various foundations and assistance programs;

(vii) proof of monthly rent or mortgage payments;

(viii) evidence of monthly credit card payments;

(ix) evidence of monthly car loan and other consumer loan payments;

(x) evidence of monthly costs of medical insurance;

(xi) a report of any extenuating circumstances that may contribute to the recipient's need for this assistance.

(c) comply with the following:

(i) keep regularly scheduled appointment with the recipient's transplant center, physician, social worker, and local physician.

(ii) transplant prescriptions must be filled at the transplant center when possible or a local vendor as approved by the board. The board must determine the vendor that can provide the most reasonable price or provide funds through the local health department to purchase the medication from a national vendor who provides the best price through competitive bidding.

(6) Five percent must be placed in a reserve fund in an interest bearing account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds only may be used in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds to the education fund and transplant recipient medication fund as provided for above.

Section 44-43-1380. The trust fund board annually shall submit a report to the General Assembly by February first concerning its expenditures of fund monies, activities, and the incidence of organ and tissue donation."

SECTION 7. The 1976 Code is amended by adding:

"Section 56-1-143. The Department of Revenue and Taxation in writing shall offer an applicant for a new or renewal driver's license, commercial driver's license, motorcycle driver's license, identification card, issuance of a vehicle title or transfer of title, or issuance or renewal of a vehicle license plate an opportunity to make a contribution of one dollar to be credited to the Gift of Life Trust Fund established in Section 44-43-1310. The one dollar contribution must be added to the driver's license, identification card, title, or license plate fee and must be transferred to the State Treasurer and credited to the Gift of Life Trust Fund as provided for in Section 44-43-1310. The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended by the trust fund."

SECTION 8. Section 17-5-260 of the 1976 Code is amended by adding at the end:

"The county medical examiner shall provide a copy of the final autopsy report to the next of kin of the decedent, if requested. The final autopsy report shall state if any organs or tissues permanently removed from the body of the decedent for any purpose in the performance of an autopsy under this section."

SECTION 9. Section 44-43-40 of the 1976 Code is amended to read:

"Section 44-43-40. Donations and Anatomical gifts of all or a part of a person's body made at the time of application, issuance, reissuance, or renewal of a driver's license pursuant to this chapter must be noted on the person's driver's license as a permanent part of the license. The notification may must be a sticker applied to the license and sealed to it by lamination or other means. After a driver's license has been issued, reissued, or renewed, the department shall issue to each person who has notified it that he is a donor under the Uniform Anatomical Gift Act a suitable decal to be affixed to the driver's license of the person. The notice must be an affidavit executed on a form prepared by the Department and furnished on written request. The notation does not constitute execution of a gift under the Uniform Anatomical Gift Act. The Department is not the registry of anatomical gifts. An individual's desire to make an anatomical gift must be placed in the department's data base, and this information must be provided upon request of a law enforcement officer, emergency medical personnel, or hospital personnel."

SECTION 10. Section 44-43-320(d) of the 1976 Code is amended to read:

"(d) `Hospital' means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof of a state, although not required to be licensed under state laws. `Hospital' does not include facilities exclusively caring for the mentally ill."

SECTION 11. Section 44-43-330 of the 1976 Code, as last amended by Act 306 of 1992, is further amended to read:

"Section 44-43-330. (a)(A) Any An individual of sound mind and eighteen years of age or more older may give all or any part of his body for any purposes specified in Section 44-43-340, the gift to take effect upon death. An individual who is a minor sixteen or seventeen years of age may effectuate a gift for any purpose specified in Section 44-43-340 if parental or guardian consent is given. Parental or guardian consent must be noted on the minor's donor card, application for the donor's learner's permit or driver's license, or other document of gift.

(b)(B) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of make an anatomical gift from the decedent's body for any purposes specified in Section 44-43-340 the purpose of organ and tissue donation and transplantation or research:

(1) a health care agent or other attorney in fact authorized to make such gifts by a health care power of attorney or by a durable power of attorney executed pursuant to law;

(2) the spouse;

(3) an adult a son or daughter eighteen years of age or older;

(4) either parent;

(5) an adult a brother or sister eighteen years of age or older;

(6) a guardian of the person of the decedent at the time of his the decedent's death;

(7) any other person authorized or under obligation to dispose of the body.

(c)(C) If the donee has actual notice of contrary indications by the decedent, or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall may not accept the gift. The persons authorized by this subsection may make the gift after death or immediately before death.

(d)(D) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e)(E) The rights of the donee created by the gift are paramount to the rights of others except as provided by Section 44-43-380(d).

(F) To authorize the donation of a part of the decedent's body pursuant to subsection (B), a person must:

(1) receive either face-to-face or recorded telephonic counseling by a representative of an organ or tissue procurement agency or a designated requestor that has been trained by the procurement agency to request anatomical gifts. This counseling must be offered in a manner understandable to a lay person;

(2) consent to an anatomical gift by a signed statement witnessed by two people or by telephonic recording, and this consent must be separate from an authorization for an autopsy;

(3) upon request, receive a copy of the signed consent form or the telephonically recorded consent.

(G) Notwithstanding the provisions of this section, if a donor card, donor's driver's license, durable power of attorney, or another document evidencing a gift of organs or tissues has been executed by the decedent and in the absence of actual notice of contrary indications by the decedent, the provisions of the donor card, donor driver's license, durable power of attorney, or another document evidencing the gift of organs or tissues must be given effect and no contrary instructions from a person designated in subsection (B) may affect the decedent's gift."

SECTION 12. 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 13. Section 44-43-910(2) and (3) of the 1976 Code, as added by Act 29 of 1991, is amended to read:

"(2) `Hospital' means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law. `Hospital' does not include a facility exclusively caring for the mentally ill.

(3) `Potential organ donor' means a person who has died or is dying in circumstances that give rise to a reasonable medical belief that the person will meet the medical criteria for donation of at least one organ including, but not limited to, the heart, lung, liver, pancreas, and kidneys, intestines, and stomach."

SECTION 14. Section 44-43-920 of the 1976 Code, as added by Act 29 of 1991, is amended to read:

"Section 44-43-920. A Each hospital shall establish, in consultation with the hospital medical staff and the procurement agencies, policies on a policy for the identification of potential organ and tissue donation and related continuing education programs. The hospital shall provide for the appropriate organ, tissue, and eye procurement agencies to be responsible for the program related to their agency donors. The policy shall require that at or near the time of every individual death a hospital shall contact by telephone the South Carolina Donor Network to determine the individual's suitability for organ, tissue, and eye donation. The hospital policy shall encourage discretion and sensitivity to family circumstances in all discussions regarding donations of organs or tissues. The policy shall take into account the deceased individual's religious beliefs and suitability for organ and tissue donation."

SECTION 15. Section 44-43-930 of the 1976 Code, as added by Act 29 of 1991, is amended to read:

"Section 44-43-930. (A) When there is a potential organ donor, the designated hospital staff shall notify the appropriate organ procurement agency to determine medical suitability and approach the donor and his family or guardian regarding the option of organ donation.

(B) When there is a potential tissue donor, the designated hospital staff shall notify the appropriate tissue procurement agency to determine medical suitability and approach the donor and his family or guardian regarding the option of tissue donation.

(A) At or near the time of every individual death, a hospital shall contact by telephone the South Carolina Donor Network to determine the individual's suitability for organ, tissue, and eye donation. The hospital personnel who contacts the South Carolina Donor Network shall have available before making the notification:

(1) the patient's location and identifier number;

(2) date and time of death;

(3) the patient's age;

(4) the cause of death;

(5) any past medical history available.

Documentation of this contact must be noted in the patient's medical record.

(B) The donor network shall determine the suitability of the deceased for anatomical donation. If the donor network determines that donation is not appropriate based on established medical criteria, this must be noted by hospital personnel on the patient's medical record and no further action is necessary.

(C) If the donor network determines that the patient is a suitable candidate for anatomical donation, a request must be initiated by informing the persons and following the procedure designated under Section 44-43-950 of the option to donate organs, tissues, or eyes. The person initiating the request must be a procurement agency representative or a designated requestor that has been trained to request anatomical gifts as provided for in subsection (D). Documentation of this request and its outcome must be noted in the patient's medical record.

(D) The procurement agencies shall work with individual hospitals to train their staff on informing family members of their option to donate organs and tissues.

(E) The South Carolina Donor Network shall maintain confidentiality of information given by the hospital during notification of a patient's death."

SECTION 16. Section 44-43-950 of the 1976 Code, as last amended by Act 306 of 1992, is further amended to read:

"Section 44-43-950. (A) As provided in Section 44-43-330, unless there has been notice of opposition by a decedent or actual notice of opposition by a member of the same or a prior class, the following persons in the stated order of priority may give consent for organ or tissue donation, or both make an anatomical gift from the decedent's body for the purpose of organ or tissue donation and transplantation or research:

(1) a health care agent or other attorney in fact authorized to make such gifts by a health care power of attorney or by a durable power of attorney executed pursuant to law;

(2) spouse;

(3) son or daughter eighteen years of age or older;

(4) either parent;

(5) brother or sister eighteen years of age or older;

(6) guardian of the decedent at the time of death;

(7) other person authorized or under obligation to dispose of the body.

(B) To authorize the donation of a part of the decedent's body pursuant to subsection (A), a person must:

(1) receive either face-to-face or recorded telephonic counseling by a representative of the procurement agencies or a designated requestor that has been trained by the procurement agency to request anatomical gifts. This counseling must be offered in a manner understandable to a lay person;

(2) consent for an anatomical gift by a signed statement witnessed by two people or by telephonic recording, and this consent must be separate from an authorization for an autopsy;

(3) upon request, receive a copy of the signed consent form or the telephonically recorded consent."

SECTION 17. Section 44-43-970 of the 1976 Code, as added by Act 29 of 1991, is amended to read:

"Section 44-43-970. (A) An Only a Health Care Financing Administration certified organ procurement agency is the exclusive agency to that is a member and abides by the rules and regulations of the United Network for Organ Sharing may receive potential organ donor referrals and organ donations.

(B) A Only a tissue procurement agency is the exclusive agency to that is a member and abides by the rules and regulations of the American Association of Tissue Banks may receive potential tissue donor referrals and tissue donations with the exclusion of eye donations.

(C) An Only an eye bank is the exclusive agency to that is a member and abides by the rules and regulations of the Eye Bank Association of America may receive potential eye donor referrals and eye donations.

(D) This section does not prevent donations pursuant to Section 44-43-340."

SECTION 18. Section 44-43-990 of the 1976 code, as added by Act 29 of 1991, is amended to read:

"Section 44-43-990. When possible the The attending physician of the patient must be advised before the hospital contacts the procurement agencies notified, when possible, that a referral has been made to the South Carolina Donor Network."

SECTION 19. Section 44-43-1000 of the 1976 Code, as added by Act 29 of 1991, is amended to read:

"Section 44-43-1000. The following must be documented in the medical records of all patients identified as potential organ donors or potential tissue donors who have died in a hospital:

(1) when a family is not approached to request organ or tissue donation and the reasons;

(2) when a family is approached to request organ or tissue donation;

(3) disposition of a referral to a procurement agency including acceptance or rejection by the agency. The appropriate agency shall notify the referring hospital of the disposition.

(1) the date and time of the initial death notification to the South Carolina Donor Network;

(2) whether a family is offered the opportunity to make an anatomical gift and if not, the reason the opportunity was not offered;

(3) disposition of the referral, consent status of the family, and documentation of the organs and tissues removed from the body of the donor for the purpose of transplantation or research."

SECTION 20. This act takes effect upon approval by the Governor.