South Carolina General Assembly
117th Session, 2007-2008

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A41, R61, S481

STATUS INFORMATION

General Bill
Sponsors: Senators Anderson and Fair
Document Path: l:\s-res\ra\002dono.kmm.doc

Introduced in the Senate on February 22, 2007
Introduced in the House on April 17, 2007
Last Amended on April 12, 2007
Passed by the General Assembly on May 23, 2007
Governor's Action: June 4, 2007, Signed

Summary: Organ and tissue donor program

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/22/2007  Senate  Introduced and read first time SJ-3
   2/22/2007  Senate  Referred to Committee on Corrections and Penology SJ-3
   4/10/2007  Senate  Committee report: Favorable with amendment Corrections 
                        and Penology SJ-7
   4/12/2007  Senate  Amended SJ-59
   4/12/2007  Senate  Read second time SJ-59
   4/12/2007  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-59
   4/13/2007  Senate  Read third time and sent to House SJ-2
   4/17/2007  House   Introduced and read first time HJ-20
   4/17/2007  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-21
   5/16/2007  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-4
   5/22/2007  House   Read second time HJ-18
   5/23/2007  House   Read third time and enrolled HJ-30
   5/29/2007          Ratified R 61
    6/4/2007          Signed By Governor
    6/6/2007          Copies available
    6/6/2007          Effective date 06/04/07
   6/15/2007          Act No. 41

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/22/2007
4/10/2007
4/12/2007
5/16/2007


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A41, R61, S481)

AN ACT TO AMEND CHAPTER 1, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-285 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT; TO PROVIDE WHO MAY MAKE A DONATION AND IN WHAT MANNER DONATIONS MAY BE MADE; TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS; TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN OR TISSUE DONATION; TO PROVIDE THAT WITHIN PRISONER HOUSING UNITS THE DEPARTMENT MUST DISPLAY SIGNAGE INFORMING PRISONERS OF THE DONOR PROGRAM AND UPON REQUEST PROVIDE A PRISONER WITH CERTAIN DONOR FORMS; TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST ESTABLISH PROCEDURES TO FACILITATE PRISONER PARTICIPATION IN BONE MARROW DONOR PROGRAMS AND ENSURE THAT ORGAN AND TISSUE DONATIONS MADE BY PRISONERS MUST COMPLY WITH CERTAIN PROVISIONS OF LAW; AND TO PROVIDE THAT ALL ORGAN, TISSUE, AND BONE MARROW DONATIONS MADE UNDER THE PROGRAM BE VOLUNTARY.

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

Organ and Tissue Donor Program created

SECTION    1.        Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-285.    (A)    An organ and tissue donor program is established within the Department of Corrections. The purpose of the program is to educate prisoners about the need for organ and tissue donors, the procedures required to become a registered organ donor, and, in the case of bone marrow donors, the procedures for determining the person's tissue type and the medical procedures a donor must undergo to donate bone marrow. The Medical University of South Carolina and the University of South Carolina, School of Medicine, in conjunction with the Department of Corrections, must make available to prisoners educational pamphlets and brochures concerning bone marrow donation and the bone marrow donation programs operating in this State.

(B)    Organ or tissue donations, other than bone marrow donations, may be made by a prisoner, or other person, who meets the requirements contained in Section 44-43-330 and in the manner provided by Section 44-43-350. However, if the department determines that a prisoner's participation in the program would constitute a threat to security, then the department may prohibit the prisoner from participating.

(C)    The department is not responsible for any costs associated with tests or other procedures required to make an organ or tissue donation, including costs associated with follow-up doctor appointments or complications arising from donation.

(D)    Within its prisoner housing units, the department must display signage informing prisoners of the donor program and, upon request, must provide prisoners with a form, sufficient under the provisions of the Uniform Anatomical Gift Act, for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of the act. If the prisoner would like to make an organ or tissue donation, the department must provide the prisoner with appropriate assistance and the presence of the legally required number of witnesses. A prisoner's election to donate all or any part of his body pursuant to this section must be noted in his prison records.

(E)    The department, in conjunction with appropriate medical authorities, must develop and maintain policies and procedures to:

(1)    facilitate participation by interested prisoners in the bone marrow donor programs established in Article 2, Chapter 43, Title 44; and

(2)    ensure that organ and tissue donations made by prisoners, other than bone marrow donations, comply with Articles 5, 7, and 11, Chapter 43 of Title 44.

(F)    All organ or tissue donations, including bone marrow donations, made pursuant to this section must be made on a voluntary basis."

Time effective

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

Ratified the 29th day of May, 2007.

Approved the 4th day of June, 2007.

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