South Carolina Code of Laws
Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations
Section 44-43-335. Amendment or revocation by person other than donor of anatomical gift made by donor.

(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 made an anatomical gift of the donor's body or part under Section 44-43-320 or an amendment to an anatomical gift of the donor's body or part under Section 44-43-325.
(B) A donor's revocation of an anatomical gift of the donor's body or part under Section 44-43-325 is not a refusal and does not bar another person specified in Section 44-43-315 or 44-43-340 from making an anatomical gift of the donor's body or part under Section 44-43-320 or 44-43-345.
(C) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Section 44-43-320 or an amendment to an anatomical gift of the donor's body or part under Section 44-43-325, another person may not make, amend, or revoke the gift of the donor's body or part under Section 44-43-345.
(D) A revocation of an anatomical gift of a donor's body or part under Section 44-43-325 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 44-43-320 or 44-43-345.
(E) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 44-43-315, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(F) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 44-43-315, an anatomical gift of a part for one or more of the purposes set forth in Section 44-43-315 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 44-43-320 or 44-43-345.
(G) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(H) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations

Section 44-43-10. Applicability of implied warranties of merchantability and fitness.

Section 44-43-20. Age restrictions for blood donors; parental permission.

Section 44-43-30. Donor gift forms and accompanying information.

Section 44-43-40. Notification of donation on driver's license.

Section 44-43-50. Immunity.

Section 44-43-60. Citation of article.

Section 44-43-70. Bone marrow donor programs established; purpose; dissemination of information; recruitment of donors.

Section 44-43-80. Paid leaves of absence to employees to donate bone marrow.

Section 44-43-300. Citation of article.

Section 44-43-305. Definitions.

Section 44-43-310. Applicability of article.

Section 44-43-315. Parties authorized to make anatomical gifts.

Section 44-43-320. Methods of making anatomical gifts.

Section 44-43-325. Amendment or revocation of anatomical gift.

Section 44-43-330. Refusal to make anatomical gift; documentation.

Section 44-43-335. Amendment or revocation by person other than donor of anatomical gift made by donor.

Section 44-43-340. Parties authorized to make anatomical gift of decedent's body or part.

Section 44-43-345. Gift of decedent's body or part; documentation; revocation.

Section 44-43-350. Authorized recipients of anatomical gifts.

Section 44-43-355. Duty to send document of gift or refusal to hospital; sanctions.

Section 44-43-360. Delivery of document of gift upon or after individual's death; examination and copying.

Section 44-43-365. Search of South Carolina Organ and Tissue Donor Registry; examination to ensure medical suitability of part; minor donors; removal of part.

Section 44-43-370. Agreements or affiliations between hospitals and procurement organizations.

Section 44-43-375. Purchase or sale of part to be removed after individual's death; penalty; exception.

Section 44-43-380. Falsification of document of gift or refusal for financial gain; penalty.

Section 44-43-385. Immunity.

Section 44-43-390. Validity and interpretation of document of gift; presumption of validity.

Section 44-43-395. Resolution of conflict between anatomical gift and declaration or advance health care directive.

Section 44-43-400. Body under jurisdiction of coroner; cooperation between coroner and procurement organization.

Section 44-43-405. Anatomical gifts from bodies under jurisdiction of coroner.

Section 44-43-410. Construction of article.

Section 44-43-415. Modification of Electronic Signatures in Global and National Commerce Act.

Section 44-43-450. Short title.

Section 44-43-460. When individual is deemed to be dead; standards applicable to determination.

Section 44-43-510. Board for distribution and delivery of dead human bodies; composition.

Section 44-43-520. Adoption of rules and regulations; records.

Section 44-43-530. Dead bodies available to board; notification of availability.

Section 44-43-540. Dead bodies not available to board.

Section 44-43-550. Distribution of bodies.

Section 44-43-560. Conveyance of bodies.

Section 44-43-580. Trafficking in dead bodies; penalty; authorization to traffic in anatomical material and pathological specimens.

Section 44-43-590. Penalties.

Section 44-43-710. Consent; who may give consent.

Section 44-43-720. Consent required for certain autopsies and postmortem examinations; use of body parts restricted; form of consent.

Section 44-43-730. Right to have autopsy performed when patient dies in a hospital or health care facility.

Section 44-43-910. Definitions.

Section 44-43-920. Organ and tissue donor policies and continuing education.

Section 44-43-930. Notification of organ procurement organization.

Section 44-43-940. Collaboration in support of donation process.

Section 44-43-945. Determination of appropriateness of donation; contacting person authorized to give consent.

Section 44-43-950. Consent.

Section 44-43-960. Permission of, or referral by, medical examiner or coroner.

Section 44-43-970. Exclusive agency for receipt of referrals and donations.

Section 44-43-985. Fees.

Section 44-43-1000. Documentation required in medical records of patients identified as potential donors.

Section 44-43-1010. Costs pertaining to donation paid by procurement agency.

Section 44-43-1015. Death record reviews.

Section 44-43-1310. Donate life South Carolina established; purpose.

Section 44-43-1320. Administration; board of directors.

Section 44-43-1330. Reimbursement of expenses of board numbers.

Section 44-43-1340. Authority of trust fund board; particular powers.

Section 44-43-1350. Election of chairman; adoption of rules; meetings; quorum.

Section 44-43-1360. Administration of article.

Section 44-43-1370. Uses of resources.

Section 44-43-1380. Annual report of board to General Assembly.

Section 44-43-1410. Donor registry established; membership; terms.

Section 44-43-1420. Development of procedures for obtaining donor registrants.

Section 44-43-1430. Registrant information.

Section 44-43-1440. Contents of procedures for administration of donor registry.

Section 44-43-1450. Confidentiality.

Section 44-43-1510. Legislative findings.

Section 44-43-1520. Definitions.

Section 44-43-1530. Individuals with disabilities; organ transplant process; requirements and prohibited conduct for covered entities.

Section 44-43-1540. Remedies for violations of this article.