H*4092 Session 109 (1991-1992)
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
(A505, R642, H4092)
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
Bone Marrow Donor Program
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. |