S*920 Session 112 (1997-1998)
S*0920(Rat #0326, Act #0289 of 1998) General Bill, By Lander, Courson and
Giese
Similar(H 4542)
A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE
THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE
PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW
DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH
CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED,
RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO
PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF
THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE
CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE
PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO
AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS
AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN
CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION
44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO
AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR
EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE
SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE
REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE
HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE
COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN
BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE;
TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND
PROTOCOL FOR ORGAN DONATION, SO A TO CLARIFY AND REVISE THESE POLICIES AND
PROTOCOLS, TO DEFINE THE "SOUTH CAROLINA DONOR REFERRAL NETWORK", AND TO
REQUIRE THE NETWORK TO CONDUCT DEATH RECORD REVIEWS PURSUANT TO AGREEMENTS
ENTERED INTO WITH HOSPITALS FOR THE PU
01/14/98 Senate Introduced and read first time SJ-37
01/14/98 Senate Referred to Committee on Medical Affairs SJ-37
03/11/98 Senate Committee report: Favorable with amendment
Medical Affairs SJ-10
03/12/98 Senate Amended SJ-15
03/12/98 Senate Read second time SJ-15
03/17/98 Senate Read third time and sent to House SJ-16
03/18/98 House Introduced and read first time HJ-22
03/18/98 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-23
03/25/98 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-11
03/26/98 House Read second time HJ-13
03/26/98 House Unanimous consent for third reading on next
legislative day HJ-16
03/27/98 House Read third time and enrolled HJ-4
04/14/98 Ratified R 326
04/20/98 Signed By Governor
04/20/98 Effective date 04/20/98
04/28/98 Copies available
04/28/98 Act No. 289
(A289, R326, S920)
AN ACT TO AMEND SECTION 44-43-40, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF
ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE
THE MANNER IN WHICH THE NOTATION MUST BE MADE AND
TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND
SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE
MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE
PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN
THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS
AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND
USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH
CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL
OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A
PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE
BANK; TO AMEND SECTION 44-43-160, RELATING TO THE
PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO
BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE
CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS
AMENDED, RELATING TO PROCEDURES FOR ORGAN
DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF
PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO
AMEND SECTION 44-43-350, RELATING TO THE MANNER IN
WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO
CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT
REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR
OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO
MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW
ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO
HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO
THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND
SECTION 44-43-510, RELATING TO THE COMPOSITION OF THE
BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD
HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF
SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND
ARTICLE 11, CHAPTER 43, TITLE 44, RELATING TO HOSPITAL
POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO
CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS, TO
DEFINE THE SOUTH CAROLINA DONOR REFERRAL NETWORK,
AND TO REQUIRE THE NETWORK TO CONDUCT DEATH
RECORD REVIEWS PURSUANT TO AGREEMENTS ENTERED
INTO WITH HOSPITALS FOR THE PURPOSE OF ENSURING
COMPLIANCE WITH THIS ARTICLE; TO AMEND SECTION
44-43-1320, RELATING TO THE GIFT OF LIFE TRUST FUND
BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE
BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130,
44-43-150, AND 44-43-390 ALL RELATING TO PROCEDURES FOR
EYE DONATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Drivers' licenses to reflect organ donors
SECTION 1. Section 44-43-40 of the 1976 Code is amended to read:
"Section 44-43-40. Donations and gifts of all or 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. 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 notation does not
constitute execution of a gift under the Uniform Anatomical Gift Act. The
department is not the registry of anatomical gifts."
Bone Marrow Donor Programs
SECTION 2. Section 44-43-70 of the 1976 Code, as last amended by
Act 459 of 1996, is further amended to read:
"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, School of Medicine. 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, School of Medicine, in conjunction with the Department of
Public Safety, shall make educational materials available at all places
where drivers' licenses are issued or renewed."
South Carolina Lions Eye Bank, Inc., requests eye removal and trains
personnel to conduct removal
SECTION 3. Section 44-43-140 of the 1976 Code, as last amended by
Act 77 of 1989, is further amended to read:
"Section 44-43-140. A person donating or bequeathing his eyes for
eyesight-restoration purposes may designate the donee. If no donee is
named by the donor in the written instrument or last will and testament,
or if the eyes are not suitable for use by the designated donee, the South
Carolina Lions Eye Bank, Inc., may decide the best use of the eyes. The
South Carolina Lions Eye Bank, Inc., must request removal of the eyes,
and the eyes must be removed by a certified technician, physician, nurse,
licensed embalmer, or an appropriate person trained and certified by the
South Carolina Lions Eye Bank, Inc., through a course taught by the
South Carolina Lions Eye Bank, Inc. The eyes, when removed, must be
processed and distributed as directed by the South Carolina Lions Eye
Bank, Inc."
Charges and fees may not be assessed against eye donee
SECTION 4. Section 44-43-160 of the 1976 Code is amended to read:
"Section 44-43-160. No charge, fee, or cost may be assessed against
a donee for eyes to be used for eyesight-restoration purposes; however,
nothing in this section may be construed to prohibit the payment of a
reasonable processing fee to the South Carolina Lions Eye Bank, Inc., or
a fee to any physician or surgeon for performing an operation whereby the
donee of the eyes has his eyesight restored."
Persons to consent clarified
SECTION 5. Section 44-43-330(b)(3) and (5) of the 1976 Code, as
amended by Act 306 of 1992, are amended to read:
"(3) a son or daughter eighteen years of age or older;
(5) a brother or sister eighteen years of age or older;"
Donor cards and other intent to donate, negate need for consent;
donor card, etc., to accompany accident victim to hospital
SECTION 6. Section 44-43-350 of the 1976 Code is amended by
adding at the end:
"(f) If an organ and tissue donor card, donor driver's license, living
will, durable power of attorney, or other document of gift evidencing a
gift of organs, tissue, or eyes, or any combination of these has been
executed, the consent required pursuant to Section 44-43-330 is not
required to render the gift valid and effective.
(g) Coroners, law enforcement officers, and emergency personnel
responding to the scene of an accident or trauma shall take reasonable
steps to ensure that the driver's license, organ and tissue donor card, or
other evidence that the individual is an organ, tissue, or eye donor and a
medical alert bracelet, if any, of the individuals involved in the accident
or trauma, accompany the individuals to the hospital or other health care
facility."
Board member added
SECTION 7. Section 44-43-510 of the 1976 Code is amended to read:
"Section 44-43-510. The professors of anatomy, the professors of
surgery, and the demonstrators of anatomy of the Medical University of
South Carolina and the University of South Carolina, School of Medicine,
or any other colleges or schools of this State authorized by law to teach
medical science and issue diplomas shall constitute a board for the
distribution and delivery of dead human bodies as and for the purpose
provided in this article."
Article revised
SECTION 8. Article 11, Chapter 43, Title 44 of the 1976 Code is
amended to read:
"Article 11
Hospital Policy and Protocol for Organ, Tissue, and Eye
Donation
Section 44-43-910. As used in this article:
(1) 'Brain death' means irreversible cessation of all functions of the
brain, including the brain stem, as determined in accordance with
accepted medical standards.
(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.
(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.
(4) 'Potential tissue 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 type of
tissue including, but not limited to, heart valves, eyes, bone, cartilage,
skin, ligaments, tendons, and fascia.
(5) 'South Carolina Donor Referral Network' or the 'Donor Referral
Network' includes, but is not limited to, the South Carolina Organ
Procurement Agency, Inc., American Red Cross Southeastern Tissue
Services, and the South Carolina Lions Eye Bank, Inc.
Section 44-43-920. A hospital, with the assistance of the South
Carolina Donor Referral Network, shall establish policies on 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.
Section 44-43-930. When there is a potential organ, tissue, or eye
donor or any potential combination of these donations, the designated
hospital staff shall notify the South Carolina Donor Referral Network to
determine the medical suitability of these donations. The Donor Referral
Network, in conjunction with the South Carolina Hospital Association,
may develop criteria under which a hospital is not required to notify the
procurement agencies.
Section 44-43-940. Appropriate hospital administration and staff and
the South Carolina Donor Referral Network must be involved in a
cooperative effort to support the option of organ, tissue, and eye donation.
Section 44-43-945. (A) If upon referral of a potential organ, tissue,
eye donation, or any combination of these, the South Carolina Donor
Referral Network determines that the donation is not appropriate based on
established medical criteria, this determination must be noted by hospital
personnel on the patient's record. Within two hours of this determination
or within two hours of a patient's death and the deceased patient's
next-of-kin designating a funeral director, the hospital shall notify the
funeral director of this designation and when the body of the deceased
will be made available to the funeral director. If the Donor Referral
Network determines that the patient is a suitable candidate for organ,
tissue, or eye donation, or a combination of these, a representative of the
Donor Referral Network or a person designated by the Donor Referral
Network must contact the appropriate person authorized to consent to the
donation pursuant to Section 44-43-330 to ascertain if the deceased was
an organ, tissue, or eye donor and if not, to inform the person about and
the procedures for organ, tissue, and eye donation.
(B) Discretion and sensitivity to family circumstances and religious
beliefs must be used in all contacts with family members regarding organ,
tissue, and eye donation.
Section 44-43-950. As provided in Section 44-43-330, persons in the
stated order of priority may give consent for organ, tissue, or eye
donation, or any combination of these donations
Section 44-43-960. If a death is under the jurisdiction of the medical
examiner or coroner, as provided in Section 17-5-260, written or verbal
permission must be obtained from the medical examiner or coroner before
organ, tissue, or eye recovery. A medical examiner or coroner must refer
to the South Carolina Donor Referral Network as a potential donor a
person whose death occurs outside of a hospital.
Section 44-43-970. (A) The South Carolina Organ Procurement
Agency, Inc., within the territory designated pursuant to federal law, is the
exclusive agency to receive potential organ donor referrals and organ
donations so long as this entity remains and is certified by the Health Care
Financing Administration and abides by the regulations of the Organ
Procurement Transplantation Network and the United Network for Organ
Sharing or its successor.
(B) The American Red Cross Southeastern Tissue Services, within the
territory designated pursuant to federal law to the South Carolina Organ
Procurement Agency or its successor, is the exclusive agency to receive
potential tissue donor referrals and tissue donations, except eye donations,
so long as this entity remains a member in good standing and is certified
by and abides by the regulations of the American Association of Tissue
Banks.
(C) The South Carolina Lions Eye Bank, Inc., within the territory
designated pursuant to federal law to the South Carolina Organ
Procurement Agency or its successor is the exclusive agency to receive
potential eye donor referrals and eye donations so long as this entity
remains a member in good standing and is certified by and abides by the
regulations of the Eye Bank Association of America.
(D) This section does not prevent donations pursuant to Section
44-43-340.
Section 44-43-980. The South Carolina Donor Referral Network
shall maintain coordinators on call twenty-four hours a day, seven days
a week, to determine the eligibility of a potential donor and to coordinate
the donor process.
Section 44-43-985. Neither the South Carolina Donor Referral
Network nor an agency in the Donor Referral Network may assess a
charge, fee, or cost against another procurement agency for referral of an
organ, tissue, or eye donor, or any donor of a combination of these.
Section 44-43-1000. The following must be documented in the
medical records of patients identified as potential organ, tissue, or eye
donors:
(1) why a family is not contacted to request organ, tissue, or eye
donation;
(2) when a family is contacted to request organ, tissue, or eye
donation and the outcome of the contact;
(3) disposition of a referral to a procurement agency including
acceptance or rejection by the agency. The appropriate procurement
agency shall notify the referring hospital of the disposition.
Section 44-43-1010. All hospital and physician charges following
declaration of brain death that pertain to organ and tissue donation must
be paid by the appropriate procurement agency in the Donor Referral
Network and must not be charged to the donor's estate. Procurement costs
incurred by the agency must not be charged to the donor's estate.
Section 44-43-1015. The South Carolina Donor Referral Network
shall conduct death record reviews pursuant to agreements entered into by
hospitals and the Donor Referral Network to ascertain hospital
compliance with this article."
Board membership clarified
SECTION 9. Section 44-43-1320(A) of the 1976 Code, as added by
Act 262 of 1996, is amended to read:
"(A) The Gift of Life Trust Fund is to be administered by a board of
directors appointed by the Governor, with the advice and consent of the
Senate, and is composed of:
(1) one representative from the South Carolina Organ Procurement
Agency;
(2) one representative from the American Red Cross Southeastern
Tissue Services;
(3) one representative from the South Carolina Lions Eye Bank,
Inc.;
(4) four members representing organ, tissue, and eye recipients,
families of recipients, and families of donors who are residents of South
Carolina; of these four members, one each must represent the Low
Country, Pee Dee, Midlands, and Piedmont regions of the State;
(5) one forensic pathologist who is a resident of and who is licensed
to practice medicine in South Carolina;
(6) three at-large members who have demonstrated an interest in
organ, tissue, and eye donation and education and who are residents of
this State."
Repeal
SECTION 10. Sections 44-43-120, 44-43-130, 44-43-150, and
44-43-390 of the 1976 Code are repealed.
Time effective
SECTION 11. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1998. |