Archives > 1976 South Carolina Code of Laws - Previous Versions > 2005 Session > Title 44

This statutory database is current through the 2005 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some changes enacted by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Title 44 - Health

CHAPTER 43.

DISPOSITIONS OF HUMAN BODIES AND PARTS; POST-MORTEM EXAMINATIONS

ARTICLE 1.

GENERAL PROVISIONS

SECTION 44-43-10. Certain warranties shall not be applicable to transfers of human tissues and blood.

The implied warranties of merchantability and fitness shall not be applicable to a contract for the sale, procurement, processing, distribution or use of human tissues such as corneas, bones or organs, whole blood, plasma, blood products or blood derivatives. Such human tissues, whole blood, plasma, blood products or blood derivatives shall not be considered commodities subject to sale or barter and the transplanting, injection, transfusion or other transfer of such substances into the human body shall be considered a medical service.

SECTION 44-43-20. Persons seventeen years old or older may donate blood; restrictions on sales by persons less than eighteen years of age.

It shall be lawful for any person seventeen years old or older to donate his blood without the consent of his parents or guardian. Provided, however, that it shall be unlawful for any person under the age of eighteen years to sell his blood without the consent of a parent or guardian.

SECTION 44-43-30. Department of Motor Vehicles may furnish forms for gift of all or part of a person's body.

Whenever any person applies for the issuance, reissuance, or renewal of any class of driver's license, the Department of Motor Vehicles is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), 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 such act. If any such person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses.

SECTION 44-43-40. Drivers' licenses shall reflect donors.

Donations and gifts of all or part of a person's body made at the time of application, issuance, reissuance, or renewal of a driver's license pursuant to this chapter must be noted on the person's driver's license. After a driver's license has been issued, reissued, or renewed, the department shall issue to each person who has notified it that he is a donor under the Uniform Anatomical Gift Act a suitable decal to be affixed to the driver's license of the person. The notation does not constitute execution of a gift under the Uniform Anatomical Gift Act. The department is not the registry of anatomical gifts.

SECTION 44-43-50. Immunity of Department of Motor Vehicles and employees from liability.

The Department of Motor Vehicles, its officers, and employees are immune from any civil liability for any acts or omissions in carrying out the provisions of Section 44-43-40.

ARTICLE 2.

BONE MARROW DONOR PROGRAM

SECTION 44-43-60. Short title.

This article may be cited as the Bone Marrow Donor Act.

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

(A) Bone Marrow Donor Programs are established within the Medical University of South Carolina and within the University of South Carolina, School of Medicine. The purpose of this program is to educate citizens of the State about:

(1) the need for bone marrow donors;

(2) the procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type; and

(3) the medical procedures a donor must undergo to donate bone marrow.

(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina, School of Medicine, in conjunction with the Department of Motor Vehicles, shall make educational materials available at all places where drivers' licenses are issued or renewed.

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

(A) An employer may grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, "employer" means a person or entity that employs twenty or more employees at least at one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. "Employee" means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor.

(B) The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time. The employer may require verification by a physician of the purpose and length of each paid leave of absence requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited.

(C) An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section.

(D) This section does not prevent an employer from providing a paid leave of absence for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.

ARTICLE 3.

DONATING EYES FOR RESTORATION OF SIGHT

SECTION 44-43-110. Donation of eyes shall be by written instrument or will.

Any person desiring to donate and give his eyes for eyesight-restoration purposes may do so by a written instrument declaring such gift or may, by his last will and testament or codicil thereto, bequeath his eyes for such purposes, and any such provision in any last will and testament or codicil shall become effective immediately upon death of the testator.

No particular form or words shall be necessary or required, but any such written statement or last will and testament or codicil shall be liberally construed to effectuate the intent and purpose of the person wishing to donate or bequeath his eyes for eyesight-restoration purposes.

SECTION 44-43-140. Designation of donee; use of eyes if no donee designated.

A person donating or bequeathing his eyes for eyesight-restoration purposes may designate the donee. If no donee is named by the donor in the written instrument or last will and testament, or if the eyes are not suitable for use by the designated donee, the South Carolina Lions Eye Bank, Inc., may decide the best use of the eyes. The South Carolina Lions Eye Bank, Inc., must request removal of the eyes, and the eyes must be removed by a certified technician, physician, nurse, licensed embalmer, or an appropriate person trained and certified by the South Carolina Lions Eye Bank, Inc., through a course taught by the South Carolina Lions Eye Bank, Inc. The eyes, when removed, must be processed and distributed as directed by the South Carolina Lions Eye Bank, Inc.

SECTION 44-43-160. Charge shall not be made for eyes; charge may be made for operation.

No charge, fee, or cost may be assessed against a donee for eyes to be used for eyesight-restoration purposes; however, nothing in this section may be construed to prohibit the payment of a reasonable processing fee to the South Carolina Lions Eye Bank, Inc., or a fee to any physician or surgeon for performing an operation whereby the donee of the eyes has his eyesight restored.

ARTICLE 5.

UNIFORM ANATOMICAL GIFT ACT

SECTION 44-43-310. Short title.

This article may be cited as the Uniform Anatomical Gift Act.

SECTION 44-43-320. Definitions.

(a) "Bank or storage facility" means a facility licensed, accredited or approved under the laws of any state for storage of human bodies or parts thereof.

(b) "Decedent" means a deceased individual and includes a stillborn infant or fetus.

(c) "Donor" means an individual who makes a gift of all or part of his body.

(d) "Hospital" means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under State laws.

(e) "Part" includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts."

(f) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

(g) "Physician" or "surgeon" means a physician or surgeon licensed or authorized to practice under the laws of any state.

(h) "State" includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America.

(i) "Organ procurement organization" means the agency or organization designated by the Health Care Financing Administration as the organ procurement agency for the State.

SECTION 44-43-330. Persons who may make gift; situation in which donee may not accept; examination to determine medical acceptability; rights of donee shall be paramount.

(a) Any individual of sound mind and eighteen years of age or more may give all or any part of his body for any purposes specified in Section 44-43-340, the gift to take effect upon death.

(b) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purposes specified in Section 44-43-340:

(1) a health care agent or other attorney in fact authorized to make such gifts by a health care power of attorney or by a durable power of attorney executed pursuant to law;

(2) the spouse;

(3) a son or daughter eighteen years of age or older;

(4) either parent;

(5) a brother or sister eighteen years of age or older;

(6) a guardian of the person of the decedent at the time of his death;

(7) any other person authorized or under obligation to dispose of the body.

(c) If the donee has actual notice of contrary indications by the decedent, or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by this subsection may make the gift after death or immediately before death.

(d) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e) The rights of the donee created by the gift are paramount to the rights of others except as provided by Section 44-43-380(d).

SECTION 44-43-340. Persons who may become donee.

The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:

(1) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; or

(2) Any accredited medical or dental school, college or university for education, research, advancement of medical or dental science or therapy; or

(3) Any bank or storage facility for medical or dental education, research, advancement of medical or dental science, therapy or transplantation; or

(4) Any specified individual for therapy or transplantation needed by him.

SECTION 44-43-350. Manner in which gift may be made.

(a) A gift of all or part of the body under Section 44-43-330(a) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

(b) A gift of all or part of the body under Section 44-43-330(a) may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor, in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

(c) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(d) Notwithstanding Section 44-43-380(b), the donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation, or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.

(e) Any gift by a person designated in Section 44-43-330(b) shall be made by a document signed by him, or made by his telegraphic, recorded telephonic or other recorded message.

(f) If an organ and tissue donor card, donor driver's license, living will, durable power of attorney, or other document of gift evidencing a gift of organs, tissue, or eyes, or any combination of these has been executed, the consent required pursuant to Section 44-43-330 is not required to render the gift valid and effective.

(g) Coroners, law enforcement officers, and emergency personnel responding to the scene of an accident or trauma shall take reasonable steps to ensure that the driver's license, organ and tissue donor card, or other evidence that the individual is an organ, tissue, or eye donor and a medical alert bracelet, if any, of the individuals involved in the accident or trauma, accompany the individuals to the hospital or other health care facility.

SECTION 44-43-360. Delivery or deposit of document of gift or copy thereof.

If the gift is made by the donor to a specified donee, the will, card or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The will, card or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility or registry office that accepts them for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.

SECTION 44-43-370. Amendment or revocation of gift.

(a) If the will, card or other document or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by:

(1) The execution and delivery to the donee of a signed statement, or

(2) An oral statement made in the presence of two persons and communicated to the donee, or

(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or

(4) A signed card or document found on his person or in his effects.

(b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation, or mutilation of the document and all executed copies thereof.

(c) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (a).

SECTION 44-43-380. Acceptance or rejection of gift; disposition of remainder of body; determination of time of death; immunity from liability; article subject to laws with respect to autopsies.

(a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body.

(b) The time of death shall be determined by a physician who attends the donor at his death, or, if none, the physician who certifies the death. This physician shall not participate in the procedures for removing or transplanting a part.

(c) A person who 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. Provided, however, that such immunity from civil liability shall not extend to cases of provable malpractice on the part of any physician, surgeon or other medical attendant.

(d) The provisions of this article are subject to the laws of this State prescribing powers and duties with respect to autopsies.

SECTION 44-43-400. Construction.

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

SECTION 44-43-410. Organ donations where donee not specified by donor.

If an anatomical gift is made in this State of an organ for transplantation purposes for which the donor does not name a specific donee, and if the organ is deemed suitable for transplantation to an individual, the organ must be donated to the organ procurement organization designated by the Health Care Financing Administration as the organ procurement agency for the State. The organ procurement organization shall use its best efforts to determine if there is a suitable recipient in the State.

SECTION 44-43-420. Reciprocal agreements for sharing organs with other states; restrictions and exceptions.

(A) The organ procurement organization may enter into reciprocal agreements for the sharing of organs with qualified organ procurement organizations in other states that the organ procurement organization considers advisable, necessary, or expedient. However, before the organ procurement organization enters into a reciprocal agreement, the proposed agreement must be approved by the United Network for Organ Sharing or its successor as determined by the United States Department of Health and Human Services or the Health Care Financing Administration.

(B) Except as may otherwise be provided for by an agreement entered into pursuant to subsection (A), the organ procurement organization may only transfer an organ to an out-of-state organ procurement organization or suitable out-of-state recipient for transplantation if a suitable recipient in this State cannot be found in a reasonable amount of time.

ARTICLE 6.

UNIFORM DETERMINATION OF DEATH ACT

SECTION 44-43-450. Short title.

This act may be cited as the Uniform Determination of Death Act.

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

An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

ARTICLE 7.

DISTRIBUTION OF DEAD BODIES FOR SCIENTIFIC PURPOSES

SECTION 44-43-510. Composition of Board.

The professors of anatomy, the professors of surgery, and the demonstrators of anatomy of the Medical University of South Carolina and the University of South Carolina, School of Medicine, or any other colleges or schools of this State authorized by law to teach medical science and issue diplomas shall constitute a board for the distribution and delivery of dead human bodies as and for the purpose provided in this article.

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

The Board may make rules and regulations for its government and the proper discharge of its functions. It shall keep a record of its proceedings and particularly of all bodies received and distributed. Such record shall be open at all times to the inspection of each member of the Board and the Attorney General and the solicitor of each circuit in the State.

SECTION 44-43-530. Certain dead bodies shall be turned over to Board.

Each officer, agent and servant of every city in the State and of every almshouse, prison, morgue, hospital, jail or other public institution in such cities having charge or control of any dead human body which is required to be buried at the public expense and every officer or other person having charge or control of the body of any person upon whom the sentence of death for crime has been executed under the law shall notify the Board, or such person or persons as may, from time to time, be designated by the Board or their duly authorized officer or agent, whenever and as soon as any such body comes to his possession, charge or control, and shall, without fee or reward, deliver such body and permit the Board and its agents, and such physicians and surgeons as may, from time to time, be designated by the Board and have given the bond hereafter required, to take and remove any such body to be used for the advancement of medical science.

SECTION 44-43-540. Certain bodies shall not be turned over.

No such notice need be given nor shall any such body be delivered if any person claiming to be and satisfying the authorities in charge of such body that he is of kin or related by marriage to the deceased shall claim the body for burial and pay the expenses thereof; nor shall the notice be given for the body to be delivered if the deceased was a traveler who died suddenly.

SECTION 44-43-550. Distribution of bodies.

The bodies received shall be distributed by the Board to and among medical colleges and schools of the State and such physicians and surgeons as the Board may designate. The colleges and schools shall first be supplied with bodies needed for lectures and demonstration. The remaining bodies shall be distributed equitably among the physicians and surgeons aforesaid; provided, that in such equitable distribution the physicians and surgeons as aforesaid of the city where the death of the person took place shall have prior right to receive the body. The Board, instead of by themselves or through their agents receiving and delivering such bodies, may, from time to time, either directly or by their officers or agents, designate physicians and surgeons to receive them and the number each shall receive. For the purpose of the distribution contemplated by this section, the body shall be held, subject to the order of the Board or their authorized agent, in the city where death occurs not less than twenty-four hours.

SECTION 44-43-560. Manner in which bodies shall be transported.

The Board may employ a carrier or carriers for conveyance of the bodies, which shall be well enclosed in a suitable case and carefully deposited, free from public observation. Every such carrier shall obtain a receipt by name or, if the person be unknown, by a description for each body delivered by him and deposit such receipt with the secretary of the Board. After the bodies shall have been sufficiently used for the purposes of instruction, they shall be decently interred by the university, college, physicians or surgeons, as the case may be, receiving them.

SECTION 44-43-570. Bond shall be given in order to receive bodies.

Neither the colleges, schools, physicians or surgeons shall be allowed to receive any such body until a bond shall have been given to the State by such physician or surgeon or by or in behalf of the college or school, to be approved by the judge of the circuit court, county clerk or circuit solicitor and filed in the office of the clerk of such court, in the penalty of one thousand dollars, with condition that all such bodies which the physician or surgeon or the college or school, as the case may be, shall receive thereafter shall be used only for the promotion of medical science within this State.

SECTION 44-43-580. Traffic in dead bodies.

If any person sell or buy any dead human body or in any way traffic in the same or transmit or convey or procure in order to be transmitted or conveyed any such body to any place outside of this State he shall be fined not exceeding two hundred dollars or, in the discretion of the court, be confined in jail not exceeding one year; provided, that the Board may, in its discretion, on the application of any person, empower such person to import into this State and traffic in such anatomical material and pathological specimens as the Board may designate.

SECTION 44-43-590. Penalties.

If any person shall fail or refuse to perform any duty imposed upon him by this article he shall, for every such failure or refusal, be fined not less than one hundred nor more than five hundred dollars.

ARTICLE 9.

POST-MORTEM EXAMINATIONS

SECTION 44-43-710. Consent required to permit postmortem examination on dead human body; persons who may give consent.

A pathologist or any licensed physician or surgeon may conduct a postmortem examination on a dead human body when consent thereto is given in writing by the person prior to his death or when consent thereto is given by the spouse of the deceased; but if the spouse at the time of death was living apart from the deceased, or, if there is no spouse surviving, the consent thereto may be given by whichever one of the next of kin, as determined by law of this State, assumes custody of the body for burial purposes provided that the autopsy shall not be performed under a consent given by such person if, before the autopsy is performed, any other next of kin shall object in writing to the person by whom the autopsy is to be performed. If two or more persons assume custody of the body, consent of one of them shall be deemed sufficient. In the event no next of kin assumes custody of the body for burial purposes, consent may be given by the person who assumes custody of the body for burial. In the event all of the next of kin are minors, the consent of any minor who shall have reached the age of sixteen shall be sufficient. Any consent purporting to have been given by a person authorized to give consent shall be conclusively presumed to have been given by the person.

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

(A) Except for an autopsy or postmortem examination ordered by a coroner or medical examiner, no autopsy or postmortem examination may be performed unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.

(B) In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.

ARTICLE 11.

HOSPITAL POLICY AND PROTOCOL FOR ORGAN, TISSUE, AND EYE DONATION

SECTION 44-43-910. Definitions.

As used in this article:

(1) "Brain death" means irreversible cessation of all functions of the brain, including the brain stem, as determined in accordance with accepted medical standards.

(2) "Hospital" means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law.

(3) "Potential organ donor" means a person who has died or is dying in circumstances that give rise to a reasonable medical belief that the person will meet the medical criteria for donation of at least one organ including, but not limited to, the heart, lung, liver, pancreas, and kidneys.

(4) "Potential tissue donor" means a person who has died or is dying in circumstances that give rise to a reasonable medical belief that the person will meet the medical criteria for donation of at least one type of tissue including, but not limited to, heart valves, eyes, bone, cartilage, skin, ligaments, tendons, and fascia.

(5) 'South Carolina Donor Referral Network' or the 'Donor Referral Network' includes, but is not limited to, the South Carolina Organ Procurement Agency, Inc., American Red Cross Southeastern Tissue Services, and the South Carolina Lions Eye Bank, Inc.

SECTION 44-43-920. Hospitals to establish policies and programs.

A hospital, with the assistance of the South Carolina Donor Referral Network, shall establish policies on organ and tissue donation and related continuing education programs. The hospital shall provide for the appropriate organ, tissue, and eye procurement agencies to be responsible for the program related to their agency.

SECTION 44-43-930. Notification of South Carolina Donor Referral Network of potential donor.

When there is a potential organ, tissue, or eye donor or any potential combination of these donations, the designated hospital staff shall notify the South Carolina Donor Referral Network to determine the medical suitability of these donations. The Donor Referral Network, in conjunction with the South Carolina Hospital Association, may develop criteria under which a hospital is not required to notify the procurement agencies.

SECTION 44-43-940. Cooperation of hospitals and South Carolina Donor Referral Network.

Appropriate hospital administration and staff and the South Carolina Donor Referral Network must be involved in a cooperative effort to support the option of organ, tissue, and eye donation.

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

(A) If upon referral of a potential organ, tissue, eye donation, or any combination of these, the South Carolina Donor Referral Network determines that the donation is not appropriate based on established medical criteria, this determination must be noted by hospital personnel on the patient's record. Within two hours of this determination or within two hours of a patient's death and the deceased patient's next-of-kin designating a funeral director, the hospital shall notify the funeral director of this designation and when the body of the deceased will be made available to the funeral director. If the Donor Referral Network determines that the patient is a suitable candidate for organ, tissue, or eye donation, or a combination of these, a representative of the Donor Referral Network or a person designated by the Donor Referral Network must contact the appropriate person authorized to consent to the donation pursuant to Section 44-43-330 to ascertain if the deceased was an organ, tissue, or eye donor and if not, to inform the person about and the procedures for organ, tissue, and eye donation.

(B) Discretion and sensitivity to family circumstances and religious beliefs must be used in all contacts with family members regarding organ, tissue, and eye donation.

SECTION 44-43-950. Who may give consent for donation.

As provided in Section 44-43-330, persons in the stated order of priority may give consent for organ, tissue, or eye donation, or any combination of these donations.

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

If a death is under the jurisdiction of the coroner or medical examiner, as provided in Section 17-5-530, written or verbal permission must be obtained from the coroner or medical examiner before organ, tissue, or eye recovery. A coroner or medical examiner must refer to the South Carolina Donor Referral Network as a potential donor a person whose death occurs outside of a hospital.

SECTION 44-43-970. Exclusive agencies for receipt of referrals and donations.

(A) The South Carolina Organ Procurement Agency, Inc., within the territory designated pursuant to federal law, is the exclusive agency to receive potential organ donor referrals and organ donations so long as this entity remains and is certified by the Health Care Financing Administration and abides by the regulations of the Organ Procurement Transplantation Network and the United Network for Organ Sharing or its successor.

(B) The American Red Cross Southeastern Tissue Services, within the territory designated pursuant to federal law to the South Carolina Organ Procurement Agency or its successor, is the exclusive agency to receive potential tissue donor referrals and tissue donations, except eye donations, so long as this entity remains a member in good standing and is certified by and abides by the regulations of the American Association of Tissue Banks.

(C) The South Carolina Lions Eye Bank, Inc., within the territory designated pursuant to federal law to the South Carolina Organ Procurement Agency or its successor is the exclusive agency to receive potential eye donor referrals and eye donations so long as this entity remains a member in good standing and is certified by and abides by the regulations of the Eye Bank Association of America.

(D) This section does not prevent donations pursuant to Section 44-43-340.

SECTION 44-43-980. South Carolina Donor Referral Network; coordinators on call.

The South Carolina Donor Referral Network shall maintain coordinators on call twenty-four hours a day, seven days a week, to determine the eligibility of a potential donor and to coordinate the donor process.

SECTION 44-43-985. Fees.

Neither the South Carolina Donor Referral Network nor an agency in the Donor Referral Network may assess a charge, fee, or cost against another procurement agency for referral of an organ, tissue, or eye donor, or any donor of a combination of these.

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

The following must be documented in the medical records of patients identified as potential organ, tissue, or eye donors:

(1) why a family is not contacted to request organ, tissue, or eye donation;

(2) when a family is contacted to request organ, tissue, or eye donation and the outcome of the contact;

(3) disposition of a referral to a procurement agency including acceptance or rejection by the agency. The appropriate procurement agency shall notify the referring hospital of the disposition.

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

All hospital and physician charges following declaration of brain death that pertain to organ and tissue donation must be paid by the appropriate procurement agency in the Donor Referral Network and must not be charged to the donor's estate. Procurement costs incurred by the agency must not be charged to the donor's estate.

SECTION 44-43-1015. Death record reviews.

The South Carolina Donor Referral Network shall conduct death record reviews pursuant to agreements entered into by hospitals and the Donor Referral Network to ascertain hospital compliance with this article.

ARTICLE 13.

GIFT OF LIFE TRUST FUND

SECTION 44-43-1310. Nature and purpose of Gift of Life Trust Fund.

There is established the Gift of Life Trust Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage organ and tissue donation and education and to assess and assist with the needs of transplant recipients in South Carolina. The trust fund may accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. The trust fund supplements and augments services provided by state agencies and does not take the place of these services.

SECTION 44-43-1320. Administration of Trust Fund; board of directors.

(A) The Gift of Life Trust Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:

(1) one representative from the South Carolina Organ Procurement Agency;

(2) one representative from the American Red Cross Southeastern Tissue Services;

(3) one representative from the South Carolina Lions Eye Bank, Inc.;

(4) four members representing organ, tissue, and eye recipients, families of recipients, and families of donors who are residents of South Carolina; of these four members, one each must represent the Low Country, Pee Dee, Midlands, and Piedmont regions of the State;

(5) one forensic pathologist who is a resident of and who is licensed to practice medicine in South Carolina;

(6) three at-large members who have demonstrated an interest in organ, tissue, and eye donation and education and who are residents of this State.

(B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Members may serve no more than two full terms. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

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

Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.

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

In administering this article, the board is authorized, but not limited to:

(1) develop and implement educational programs and campaigns to increase organ and tissue donation in South Carolina;

(2) make policy recommendations for the promotion of organ and tissue donation in South Carolina;

(3) assess the needs of transplant recipients and establish priorities and develop goals and objectives to assist transplant recipients who are residents of South Carolina;

(4) determine how the monies in the fund are to be disbursed;

(5) acquire and hold property;

(6) invest trust monies, including pooled investment funds maintained by the State;

(7) utilize local resources including volunteers when appropriate.

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

The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.

SECTION 44-43-1360. Funds expendable to administer Gift of Life Trust Fund.

The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue pursuant to Sections 12-6-5065 and 59-1-143.

SECTION 44-43-1370. Particular application of trust funds excluding administrative fees.

Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:

(1) administration of this article including, but not limited to, personnel and board expenses;

(2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with the South Carolina Donor Network including, but not limited to, the American Red Cross Southeastern Tissues Services, the South Carolina Lions Eye Bank, the South Carolina Organ Procurement Agency, the Living Bank, and the United Network for Organ Sharing;

(3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curriculums of the Medical University of South Carolina and the University of South Carolina; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to the trust fund;

(4) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds only may be used in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.

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

The trust fund board annually by February first shall submit a report to the General Assembly concerning its expenditures of fund monies, activities, and the incidence of organ and tissue donation.