Current Status Bill Number:
920Ratification Number: 326Act Number: 289Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980114Primary Sponsor: LanderAll Sponsors: Lander, Courson and GieseDrafted Document Number: psd\7108ac.98Companion Bill Number: 4542Date Bill Passed both Bodies: 19980327Date of Last Amendment: 19980312Governor's Action: SDate of Governor's Action: 19980420Subject: Organ, Tissue, and Eye Donation Act; Hospitals, Medical, Donor Referral Network, Eye donations, Optometry
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A289 ------ 19980420 Signed by Governor ------ 19980414 Ratified R326 House 19980327 Read third time, enrolled for ratification House 19980326 Read second time, unanimous consent for third reading on Friday, 19980327 House 19980325 Committee report: Favorable 27 H3M House 19980318 Introduced, read first time, 27 H3M referred to Committee Senate 19980317 Read third time, sent to House Senate 19980312 Read second time Senate 19980312 Committee amendment adopted Senate 19980311 Committee report: Favorable with 13 SMA amendment Senate 19980114 Introduced, read first time, 13 SMA referred to CommitteeView additional legislative information at the LPITS web site.
(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."
SECTION 8. Article 11, Chapter 43, Title 44 of the 1976 Code is amended to read:
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."
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.
Approved the 20th day of April, 1998.