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S. 131

STATUS INFORMATION

General Bill
Sponsors: Senators Mescher and Elliott
Document Path: l:\council\bills\nbd\11044ac07.doc

Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Medical Affairs

Summary: Organ or tissue donor

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/6/2006  Senate  Prefiled
   12/6/2006  Senate  Referred to Committee on Medical Affairs
    1/9/2007  Senate  Introduced and read first time SJ-83
    1/9/2007  Senate  Referred to Committee on Medical Affairs SJ-83

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/6/2006

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-925 SO AS TO REQUIRE A PATIENT AT THE TIME OF ADMISSION TO A HOSPITAL TO INDICATE WHETHER THE PATIENT IS AN ORGAN OR TISSUE DONOR, OR BOTH, AND IF NOT, WHETHER THE PATIENT OR THE PATIENT'S FAMILY IS WILLING TO BE CONTACTED BY A REPRESENTATIVE OF THE ORGAN AND TISSUE PROCUREMENT ORGANIZATION AND TO FURTHER PROVIDE THAT IF THE PATIENT OR PATIENT'S FAMILY IS NOT WILLING TO BE CONTACTED, THE HOSPITAL MAY NOT RELEASE PATIENT INFORMATION TO THE ORGAN AND TISSUE PROCUREMENT ORGANIZATION AND THAT THE ORGANIZATION MAY NOT CONTACT THE PATIENT OR HIS FAMILY UNLESS CONTACT IS REQUESTED BY THE PATIENT OR THE PATIENT'S FAMILY.

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

SECTION    1.    Article 11, Chapter 43, Title 44 of the 1976 Code, is amended by adding:

"Section 44-43-925.    (A)    At the time of admission to a hospital, and as soon as practical thereafter in the case of an emergency admission, a patient shall complete a form provided by the hospital stating whether the patient is an organ or tissue donor, or both, and if not, whether the patient or the patient's family would be willing to discuss organ and tissue donation with a representative of an organ and tissue procurement organization if the patient should become a potential donor during the patient's hospitalization.

(B)    If a patient is not an organ or tissue donor or if the patient or the patient's family indicate pursuant to subsection (A) that they are not willing to discuss organ and tissue donation with an organ and tissue procurement organization representative, the hospital must not release any health or medical information concerning the patient to a representative of an organ and tissue procurement organization and such a representative must not contact the family, unless it is noted in the patient's chart that either the patient or the patient's family has requested to be contacted by a representative of the organ and tissue procurement organization.

(C)    If an organ and tissue procurement organization is authorized pursuant to this section to contact a patient or a patient's family, or both, regarding organ and tissue donation:

(1)    the representative of the organization shall upon first contact identify himself or herself to the patient or the patient's family, or both, as an organ procurement representative;

(2)    the hospital must not afford the organ and tissue procurement organization representative greater access to the patient than the patient's family is afforded."

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

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