Current Status Bill Number:4542 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980128 Primary Sponsor:Walker All Sponsors:Walker, Tripp, Jennings, Cooper, Sandifer, Wilder, Whipper, Loftis, J. Brown, T. Brown, McLeod, McCraw, Simrill, Townsend, Lloyd, Phillips, Stuart, Stille, Littlejohn, Byrd, Davenport, McKay, Leach, Lanford, Gamble and Cave Drafted Document Number:psd\7109ac.98 Companion Bill Number:920 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Organ, Tissue, and Eye Donation Act; Hospitals, Medical, Donor Referral Network, Eye donations, Optometry
Body Date Action Description Com Leg Involved
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House 19980128 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
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:
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.