Current Status Bill Number:
921Ratification Number: 327Act Number: 290Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980114Primary Sponsor: LanderAll Sponsors: Lander, Courson and GieseDrafted Document Number: psd\7098ac.98Companion Bill Number: 4541Date Bill Passed both Bodies: 19980327Date of Last Amendment: 19980312Governor's Action: SDate of Governor's Action: 19980420Subject: Organ donation to be donated to organ procurement organization if no donee designated, Medical
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A290 ------ 19980420 Signed by Governor ------ 19980414 Ratified R327 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.
(A290, R327, S921)
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:
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.
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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1998.