H 3689 Session 111 (1995-1996)
H 3689 General Bill, By A.W. Byrd, Inabinett, Lloyd and Scott
Similar(S 634, S 935, H 3023, 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
02/23/95 House Introduced and read first time HJ-29
02/23/95 House Referred to Committee on Ways and Means HJ-31
03/16/95 House Recalled from Committee on Ways and Means HJ-10
03/16/95 House Committed to Committee on Medical, Military,
Public and Municipal Affairs HJ-10
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 56-1143 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:
"Article 13
Gift of Life Trust Fund
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.
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