H 4542 Session 112 (1997-1998)
H 4542 General Bill, By Walker, J. Brown, T. Brown, A.W. Byrd, Cave, Cooper,
Davenport, Gamble, Jennings, Lanford, Leach, Littlejohn, Lloyd, Loftis, McCraw,
McKay, W. McLeod, Phillips, Sandifer, Simrill, Stille, Stuart, Townsend, Tripp,
Whipper and Wilder
Similar(S 920)
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 AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR
THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO
HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; 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.
01/28/98 House Introduced and read first time HJ-55
01/28/98 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-56
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 AND TO CREATE THE
COMMISSION ON ORGAN, TISSUE, AND EYE DONATION
FOR THE PURPOSE OF ENSURING COMPLIANCE WITH
FEDERAL AND STATE LAW PERTAINING TO HOSPITAL
NOTIFICATION OF ORGAN DONATION AGENCIES; 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:
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 as a permanent part of the license. The
notification may be a sticker applied to the license and sealed to it by
lamination or other means. 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 notice must be an affidavit executed on
a form prepared by the Department and furnished on written
request. The notation does not constitute execution of a gift
under the Uniform Anatomical Gift Act. The department is not the
registry of anatomical gifts."
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."
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.,the Medical University of
South Carolina, or the School of Medicine of the University of South
Carolina who must conduct a training course to teach this
procedure through a course taught by the South Carolina
Lions Eye Bank, Inc. This person must be requested to
remove the eyes by the South Carolina Lions Eye Bank. The
eyes, when removed, must be processed and distributed as directed
by the South Carolina Lions Eye Bank, Inc."
SECTION 4. Section 44-43-160 of the 1976 Code is amended to
read:
"Section 44-43-160. No charge, fee, or cost
whatsoever may be made to the assessed against
a donee for the eyes to be used for eyesight-restoration
purposes, but; however, nothing in this
section is 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 medical physician or surgeon
for performing an operation whereby the donee of the eyes has his
eyesight restored."
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) an adult a son or daughter eighteen years
of age or older;
(5) an adult a brother or sister eighteen years
of age or older;"
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."
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 of 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."
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. (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 'South Carolina
Donor Referral Network' or the 'Donor Referral Network'
includes, but are is not limited to, the South
Carolina Organ Procurement Agency, Inc., American Red Cross
Southeastern Transplantation Tissue Services, and
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. (A) When there is a potential organ,
tissue, or eye donor or any potential combination of
these donations, the designated hospital staff shall notify the
appropriate organ procurement agency South Carolina
Donor Referral Network to determine the medical
suitability and approach the donor and his family or
guardian regarding the option of organ donation. 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.
(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
South Carolina Donor Referral Network must be involved
in a cooperative effort to support the option of organ
and, 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 when a potential donation referral is not made, the hospital, to
the extent possible, shall notify the funeral director designated for the
patient of the patient's death. 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, 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, or eye donation,
or both any combination of these donations:
(1) a health care agent or other attorney in fact
authorized to make such gifts by a health care power of attorney or
by a durable power of attorney executed pursuant to law;
(2) spouse;
(3) son or daughter eighteen years of age or
older;
(4) either parent;
(5) brother or sister eighteen years of age or
older;
(6) guardian of the decedent at the time of death;
(7) 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
the medical examiner or coroner before organ,
or tissue, or eye recovery. A medical
examiner or coroner may must refer to a
procurement agency the South Carolina Donor Referral
Network as a potential donor a person whose death occurs
outside of a hospital.
Section 44-43-970. (A) An organ procurement agency
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) A tissue procurement agency 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 with the
exclusion of, 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) An eye bank 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. Procurement agencies 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. The South Carolina Donor
Referral Network and no 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 44-43-990. 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, or eye donors:
(1) when why a family is not
approached contacted to request organ
or, tissue, or eye donation and the
reasons;
(2) when a family is approached contacted to
request organ or, 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 44-43-1012. (A) There is created the Commission on
Organ, Tissue, and Eye Donation whose purpose is to ensure
compliance with federal and state laws pertaining to the notification
of the Donor Referral Network by hospitals of potential organ, tissue,
and eye donors. The Commission consists of the following members
who must be appointed by the Governor:
(1) two members from the South Carolina Hospital Association;
(2) two representatives from the South Carolina Medical
Association; and
(3) three members of the public who have been involved in the
organ, tissue, and eye donation process or education and who are
residents of this State.
(B) The commission members serve terms of four years and may
be reappointed. The members shall elect a chairman, vice chairman,
and secretary and shall adopt by-laws for the operation and
governance of the commission. The commission shall meet at the
call of the chairman at least twice a year.
Section 44-43-1015. (A) 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.
(B) The Donor Referral Network shall notify the Commission on
Organ, Tissue, and Eye Donation of instances of noncompliance
which the commission shall investigate. If noncompliance is
affirmed by the commission, the commission may assess a fine
against the hospital as provided for in Section 44-43-1020.
Section 44-43-1020. A hospital which violates a provision of
this article is subject to a fine of two hundred fifty to five hundred
dollars for each violation, as determined by the Commission on
Tissue, Organ, and Eye Donation. Fines collected pursuant to this
section must be remitted to the Gift of Life Trust Fund."
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 a the South
Carolina certified organ procurement organization that is a
member of and abides by the rules and regulations of United Network
for Organ Sharing Organ Procurement Agency;
(2) one representative from a South Carolina tissue
procurement organization that is a member of and abides by the rules
and regulations of the American Association of Tissue Banks
the American Red Cross Southeastern Tissue Services;
(3) one representative from a the South
Carolina eye bank Lions Eye Bank, Inc. that is a
member of and abides by the rules and regulations of the Eye Bank
Association of America;
(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 and, tissue, and eye donation and
education and who are residents of this State."
SECTION 10. Sections 44-43-120, 44-43-130, 44-43-150, and
44-43-390 of the 1976 Code are repealed.
SECTION 11. This act takes effect upon approval by the Governor.
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