Title 44, Health

There is established Donate Life South Carolina, an eleemosynary corporation, the resources of which must be used to promote and encourage organ and tissue donation and education and to assess and assist with the needs of transplant recipients in South Carolina. Donate Life may a…

(A) Donate Life South Carolina 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 civic organization that promotes organ or tissue donation or both; (2) four members…

Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.

In administering this article, the board is authorized, but not limited to: (1) develop and implement educational programs and campaigns to increase organ and tissue donation in South Carolina; (2) make policy recommendations for the promotion of organ and tissue donation in Sout…

The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.

The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to Donate Life South Carolina, excluding the administrative fee paid to the …

Funds credited to Donate Life South Carolina, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to: (1) administration of this article including, but not limited to, personnel and board expenses; (2) development and promotio…

Donate Life South Carolina board annually by February first shall submit a report to the General Assembly concerning its expenditures of funds, activities, and the incidence of organ and tissue donation.

(A) There is established the South Carolina Organ and Tissue Donor Registry which must be exclusively administered by Donate Life South Carolina. The registry shall include individuals who have indicated a willingness to be an organ and tissue donor by a designation on a driver's…

Donate Life South Carolina shall develop procedures for collecting organ and tissue donor registrants from existing databases including, but not limited to, obtaining donor information from the driver's license data bank maintained by the Department of Motor Vehicles. Donate Life…

Donate Life South Carolina shall maintain and update the following information which must be included in the registry on each registrant: (1) full name, address, sex, birth date, and race; (2) driver's license number or other unique identifying number; and (3) other pertinent ide…

In developing procedures for the administration of the donor registry, Donate Life South Carolina shall specify: (1) a process for updating information in the registry including a method whereby an individual may revoke his or her intent to be an organ and tissue donor; (2) a met…

All information contained in the registry is confidential and only may be accessed by procurement organizations that are licensed, accredited, or regulated under federal or state law, and only for the purpose of identifying a potential donor. Identifying information on a registra…

(A) The General Assembly finds that: (1) A mental or physical disability does not diminish a person's right to health care. (2) The Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, prohibits discrimination against persons with disabilities, yet many individuals w…

For purposes of this article: (1) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion. (2) "Auxiliary aids or services" means an aid or service that is used to provide informati…

(A) The provisions of this section apply to all stages of the organ transplant process. (B) A covered entity must not, solely on the basis of an individual's disability: (1) consider the individual ineligible to receive an anatomical gift or organ transplant; (2) deny medical ser…

(A) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with thi…

(A) A person may lawfully donate blood if he is: (1) at least seventeen years of age; or (2) sixteen years of age and has the written consent of his parent or guardian. (B) A person under eighteen years of age may not sell blood.

Whenever a person applies for the issuance, reissuance, or renewal of any class of driver's license, the Department of Motor Vehicles is authorized to furnish that person with a form, sufficient under the provisions of Article 5, the Revised Uniform Anatomical Gift Act, for the g…

This article may be cited as the "Revised Uniform Anatomical Gift Act".

As used in this article: (1) "Adult" means an individual who is at least eighteen years of age. (2) "Agent" means an individual: (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (b) expressly authorized to make an a…

This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Subject to Section 44-43-335, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 44-43-320 by: (1) the donor, if the donor is an adult or if th…

(A) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) in a will; (3) during a terminal illness or injury of the donor, by …

(A) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may amend or revoke an anatomical gift by: (1) a record signed by: (a) the donor; (b) the other person; or (c) subject to subsection (B), another individual act…

(A) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (a) the individual; or (b) subject to subsection (B), another individual acting at the direction of the individual if the individual is physically unable to sign; …

(A) Except as otherwise provided in subsection (G) and subject to subsection (F), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor m…

(A) Subject to subsections (B) and (C) and unless barred by Section 44-43-330 or 44-43-335, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasona…

(A) A person authorized to make an anatomical gift under Section 44-43-340 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and…

(A) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) subject to subs…

(A) A person who finds or is in possession of a document of gift or of refusal that was executed by an individual who the person reasonably believes is dead or near death shall, if the individual is taken to a hospital, send the document of gift or refusal to the hospital. (B) A …

(A) A document of gift need not be delivered during the donor's lifetime to be effective. (B) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(A) When a hospital refers an individual at or near death to a procurement organization, the organization shall cause a reasonable search to be made of the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether the individual has made an anatomical gif…

Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

(A) Except as otherwise provided in subsection (B), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and, upon co…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and, upon conviction, must be fined not more than fifty thous…

(A) A person that acts in good faith in accord with the terms of this article, or under the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. However, immunity from civil liabilit…

(A) A document of gift is valid if executed in accordance with: (1) this article; (2) the laws of the state or country where it was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a nati…

(A) For purposes of this section: (1) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor. (2) "D…

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, t…

(A) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (B) A part may not be removed from the body of a decedent under the jurisdiction of a coroner …

(A) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is med…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. This article must be liberally construed to effectuate the wishes of the donor.

This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(A) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of th…

This act may be cited as the Uniform Determination of Death Act.

An individual who has sustained irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.