S 0440 General Bill, By Washington
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 11
 to Chapter 43, Title 44 so as to provide hospital policies for organ and
 tissue donation.

   01/09/91  Senate Introduced and read first time SJ-28
   01/09/91  Senate Referred to Committee on Medical Affairs SJ-28

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.

Whereas, the General Assembly, by this act, intends to insure that potential organ and tissue donors and their families are presented with the option of donation in a manner which best promotes obtaining informed consent from the donor or his family; and

Whereas, the purpose of this act is to encourage and facilitate the procurement of organs and tissues for transplantation. Now, therefore,

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:

Section 44-43-910. As used in this chapter:

(1) As defined in Section 44-43-460, `brain death' of an individual occurs when he has sustained irreversible cessation of circulatory and respiratory functions or 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) `Organ donor' means an individual who is brain-dead and whose cardio-pulmonary function is maintained artificially while awaiting the removal of solid organs which have been donated including, but not limited to, the heart, lung, liver, pancreas, and kidneys.

(4) `Procurement agencies' include, but are not limited to, the South Carolina Organ Procurement Agency, Inc., American Red Cross-Southeastern Transplantation Services, and South Carolina Lions Eye Bank, Inc.

(5) `Tissue donor' means an individual who is brain-dead or whose cardiac and respiratory function has ceased whose tissue has been donated including, but not limited to, heart valves, eyes, bone, cartilage, skin ligaments, tendons, and fascia.

Section 44-43-920. A hospital 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. (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.

Section 44-43-940. Appropriate hospital administration and staff and the procurement agencies in the donation process must be involved in a cooperative effort to support the option of organ and tissue donation.

Section 44-43-950. 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:

(1) spouse;

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

(3) either parent;

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

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

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

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 him before organ or tissue recovery. A medical examiner or coroner may refer to a procurement agency as a potential donor a person whose death occurs outside of a hospital.

Section 44-43-970. (A) An organ procurement agency is the exclusive agency to receive potential organ donor referrals and organ donations.

(B) A tissue procurement agency is the exclusive agency to receive potential tissue donor referrals and tissue donations with the exclusion of eye donations.

(C) An eye bank is the exclusive agency to receive potential eye donor referrals and eye donations.

Section 44-43-980. Procurement agencies shall maintain coordinators on call twenty-four hours a day to determine the eligibility of a potential donor and to coordinate the donor process.

Section 44-43-990. When possible the attending physician must be advised before the hospital contacts the procurement agencies.

Section 44-43-1000. The following must be documented in the medical record:

(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 and the response;

(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.

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 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 2. This act takes effect upon approval by the Governor.