S 1073 Session 109 (1991-1992)
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
Bone Marrow Donor Program
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.
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