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Bill 1036

                    Current Status

Bill Number:                      1036
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000113
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\ggs\22409cm99.doc
Residing Body:                    Senate
Current Committee:                Medical Affairs Committee 13 SMA
Subject:                          Medical, Organ donor possessing drivers 
                                  license or donor card; certain officials 
                                  required to notify upon donor's death


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000113  Introduced, read first time,           13 SMA
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-385 SO AS TO PROVIDE THAT UPON THE DEATH OF A PERSON WHOSE ORGAN DONATION HAS BEEN RECORDED ON HIS DRIVER'S LICENSE OR ON AN ORGAN DONOR CARD, CERTAIN LAW ENFORCEMENT AND MEDICAL OFFICIALS MUST REPORT THE AVAILABILITY OF THE DONATED ORGAN TO THE DONEE UPON BEING INFORMED THAT THE PERSON INTENDED TO DONATE THE ORGAN, TO PROVIDE THAT THE MENTAL CAPACITY OF A PERSON AT THE TIME HE RECORDS THE DONATION OF AN ORGAN ON HIS DRIVER'S LICENSE OR ON AN ORGAN DONOR CARD CANNOT BE CHALLENGED IN A COURT OF LAW, AND TO PROVIDE THAT OWNERSHIP OF A DECEASED ORGAN DONOR'S ORGANS RESIDES EXCLUSIVELY WITH THE ORGAN DONEE.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-43-385. (A) Upon the death of a person whose donation of an organ is recorded on his driver's license, or on an organ donation card, a law enforcement official, doctor, coroner, or other medical personnel must report to the organ donee the availability of the organ immediately upon being informed that the organ donation is intended by the organ donor.

(B) The mental capacity of a person at the time his intention to donate an organ is recorded on his driver's license or on an organ donor card cannot be challenged in a court of law.

(C) Ownership of a donated organ upon the death of an organ donor resides exclusively with the organ donee. A third party shall not interfere with the timely receipt of an organ by an organ donee from an organ donor."

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

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