(A) Subject to subsections (B) and (C) and unless barred by Section 44-43-330 or 44-43-335, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) an attorney-in-fact appointed by the decedent in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;
(2) a spouse of the decedent unless the spouse and the decedent are separated pursuant to one of the following:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement;
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the spouse and the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) the persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) any other person authorized or under obligation to dispose of the body.
(B) If there is more than one member of a class listed in subsection (A)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 44-43-350 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(C) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (A) is reasonably available to make or to object to the making of an anatomical gift.
HISTORY: 1962 Code Section 32-713; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
Structure South Carolina Code of Laws
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 44-43-60. Citation of article.
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 44-43-340. 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 44-43-370. Agreements or affiliations between hospitals and procurement organizations.
Section 44-43-380. Falsification of document of gift or refusal for financial gain; penalty.
Section 44-43-390. Validity and interpretation of document of gift; presumption of validity.
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 44-43-710. Consent; who may give consent.
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 44-43-960. Permission of, or referral by, medical examiner or coroner.
Section 44-43-970. Exclusive agency for receipt of referrals and donations.
Section 44-43-1010. 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 44-43-1540. Remedies for violations of this article.