(A) A person that acts in good faith in accord with the terms of this article, or under the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. However, immunity from civil liability does not extend to cases of provable malpractice on the part of a physician, surgeon, or technician.
(B) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(C) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in Section 44-43-340 (A)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
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.