H*3205 Session 109 (1991-1992)
H*3205(Rat #0059, Act #0029 of 1991) General Bill, By M.O. Alexander,
Alexander, R.L. Altman, J.M. Baxley, Boan, P.M. Burch, T.M. Burriss, Carnell,
Cato, H.H. Clyborne, J.D. Cole, R.S. Corning, J.L.M. Cromer, P.W. Derrick,
Elliott, L.L. Elliott, T.L. Farr, S.R. Foster, R.C. Fulmer, L.E. Gentry,
H.M. Hallman, J.L. Harris, P.B. Harris, Haskins, Hayes, J.H. Hodges, W.S. Houck,
T.E. Huff, J.C. Johnson, J.W. Johnson, Keegan, W.P. Keesley, K.G. Kempe,
H.H. Keyserling, M.H. Kinon, Kirsh, J.R. Klapman, Koon, Lanford, Littlejohn,
S.G. Manly, Martin, J.G. Mattos, J.T. McElveen, A.C. McGinnis, McKay, M. McLeod,
D.E. McTeer, Neilson, Phillips, Quinn, J. Rama, T.F. Rogers, I.K. Rudnick,
Sharpe, R. Smith, E.C. Stoddard, C.L. Sturkie, C.Y. Waites, D.C. Waldrop,
C.C. Wells, J.M. White, Wilkes, Wilkins, D. Williams, J.B. Williams,
S.S. Wofford and R.M. Young
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.
01/10/91 House Introduced and read first time HJ-12
01/10/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
02/06/91 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-4
02/07/91 House Read second time HJ-18
02/07/91 House Unanimous consent for third reading on next
legislative day HJ-18
02/08/91 House Read third time and sent to Senate HJ-2
02/12/91 Senate Introduced and read first time SJ-14
02/12/91 Senate Referred to Committee on Medical Affairs SJ-14
04/02/91 Senate Committee report: Favorable with amendment
Medical Affairs SJ-14
04/09/91 Senate Amended SJ-30
04/09/91 Senate Read second time SJ-31
04/09/91 Senate Ordered to third reading with notice of
amendments SJ-31
04/10/91 Senate Amended SJ-115
04/10/91 Senate Read third time and returned to House with
amendments SJ-115
04/16/91 House Concurred in Senate amendment and enrolled HJ-1
04/18/91 Ratified R 59
04/24/91 Signed By Governor
04/24/91 Effective date 04/24/91
04/24/91 Act No. 29
05/03/91 Copies available
(A29, R59, H3205)
AN ACT 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:
Hospital policy and protocol for organ and tissue
donation
SECTION 1. Chapter 43, Title 44 of the 1976 Code is amended
by adding:
"Article 11
Hospital Policy and Protocol For
Organ and Tissue Donation
Section 44-43-910. As used in this chapter:
(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) `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.
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.
(D) This section does not prevent donations pursuant to
Section 44-43-340.
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 records of patients identified as potential organ
donors or potential tissue donors:
(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.
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."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 24th day of April, 1991. |