S*0921(Rat #0327, Act #0290 of 1998)  General Bill, By Lander, Courson and 
Giese

Similar(H 4541)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN
 PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR;
 BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT
 ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF
 ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO
 PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN
 THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT
 ORGANIZATION.

   01/14/98  Senate Introduced and read first time SJ-39
   01/14/98  Senate Referred to Committee on Medical Affairs SJ-39
   03/11/98  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-11
   03/12/98  Senate Amended SJ-17
   03/12/98  Senate Read second time SJ-17
   03/17/98  Senate Read third time and sent to House SJ-17
   03/18/98  House  Introduced and read first time HJ-23
   03/18/98  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-24
   03/25/98  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-13
   03/26/98  House  Read second time HJ-14
   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-5
   04/14/98         Ratified R 327
   04/20/98         Signed By Governor
   04/20/98         Effective date 04/20/98
   04/28/98         Copies available
   04/28/98         Act No. 290

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.

Be it enacted by the General Assembly of the State of South Carolina:

Organ donation

SECTION 1. The 1976 Code is amended by adding:

Section 44-43-410. If an anatomical gift is made in this State of an organ for transplantation purposes for which the donor does not name a specific donee, and if the organ is deemed suitable for transplantation to an individual, the organ must be donated to the organ procurement organization designated by the Health Care Financing Administration as the organ procurement agency for the State. The organ procurement organization shall use its best efforts to determine if there is a suitable recipient in the State.

Section 44-43-420. (A) The organ procurement organization may enter into reciprocal agreements for the sharing of organs with qualified organ procurement organizations in other states that the organ procurement organization considers advisable, necessary, or expedient. However, before the organ procurement organization enters into a reciprocal agreement, the proposed agreement must be approved by the United Network for Organ Sharing or its successor as determined by the United States Department of Health and Human Services or the Health Care Financing Administration.

(B) Except as may otherwise be provided for by an agreement entered into pursuant to subsection (A), the organ procurement organization may only transfer an organ to an out-of-state organ procurement organization or suitable out-of-state recipient for transplantation if a suitable recipient in this State cannot be found in a reasonable amount of time.

Term defined

SECTION 2. Section 44-43-320 of the 1976 Code is amended by adding at the end:

"( ) 'Organ procurement organization' means the agency or organization designated by the Health Care Financing Administration as the organ procurement agency for the State."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of April, 1998.