(A) When a hospital refers an individual at or near death to a procurement organization, the organization shall cause a reasonable search to be made of the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether the individual has made an anatomical gift.
(B) A procurement organization must be allowed reasonable access to information in the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether an individual at or near death is a donor.
(C) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(D) Unless prohibited by law other than this article, at any time after a donor's death, the person to which a part passes under Section 44-43-350 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(E) Unless prohibited by law other than this article, an examination under subsection (C) or (D) may include an examination of all medical and dental records of the donor or prospective donor.
(F) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(G) Upon referral by a hospital under subsection (A), a procurement organization shall make a reasonable search for any person listed in Section 44-43-340 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it promptly shall advise the other person of all relevant information.
(H) Subject to Sections 44-43-350(I) and 44-43-405, the rights of the person to which a part passes under Section 44-43-350 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 44-43-350, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(I) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(J) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
HISTORY: 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.