reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-630. Obstetric ultrasound; display of images; recording written medical description of images of fetal heartbeat; penalties.

(A) An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall:
(1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances;
(2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and
(3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.
(B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A). A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.
HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021; 2023 Act No. 70 (S.474), Section 2, eff May 25, 2023.
Validity
For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022).
Editor's Note
2023 Act No. 70, Sections 11 and 12, provide as follows:
"SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
"SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients."
Effect of Amendment
2023 Act No. 70, Section 2, inserted the (A) designator, and added (B).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-670. Criminal prosecution of pregnant women prohibited.

A pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, or conspiring to commit a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.
HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021; 2023 Act No. 70 (S.474), Section 2, eff May 25, 2023.
Validity
For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022).
Editor's Note
2023 Act No. 70, Sections 11 and 12, provide as follows:
"SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
"SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients."
Effect of Amendment
2023 Act No. 70, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-690. Unprofessional conduct; revocation of physician's license.

In addition to any other penalties imposed by law, a physician or any other professionally licensed person who intentionally, knowingly, or recklessly violates the prohibition on abortion contained in this article commits an act of unprofessional conduct. A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures. Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures. A complaint may be originated by any person or by the board sua sponte. A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate.
HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021; 2023 Act No. 70 (S.474), Section 2, eff May 25, 2023.
Validity
For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022).
Editor's Note
2023 Act No. 70, Sections 11 and 12, provide as follows:
"SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.
"SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients."
Effect of Amendment
2023 Act No. 70, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-700. Reserved.

HISTORY: Former Section, titled No violation of Section 44-41-680 if no fetal heartbeat detected, had the following history: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021. Reserved by 2023 Act No. 70, Section 2, eff May 25, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-710. Reserved.

HISTORY: Former Section, titled Construction and application of article, had the following history: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021. Reserved by 2023 Act No. 70, Section 2, eff May 25, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-720. Reserved.

HISTORY: Former Section, titled Contraceptives not affected by this article, had the following history: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021. Reserved by 2023 Act No. 70, Section 2, eff May 25, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-730. Reserved.

HISTORY: Former Section, titled Pregnant woman not subject to criminal prosecution for violating any provisions of this article, had the following history: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021. Reserved by 2023 Act No. 70, Section 2, eff May 25, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-740. Reserved.

HISTORY: Former Section, titled Civil action; damages; attorney's fees, had the following history: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021. Reserved by 2023 Act No. 70, Section 2, eff May 25, 2023.
2023 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.

The implied warranties of merchantability and fitness are not applicable to a contract for the sale, procurement, processing, distribution, or use of human tissues including, but not limited to, corneas, bones or organs, whole blood, plasma, blood products, or blood derivatives. Human tissue, whole blood, plasma, blood products, and blood derivatives must not be considered commodities subject to sale or barter, and the transplanting, injection, transfusion, or other transfer of these substances into the human body are considered a medical service.
HISTORY: 1962 Code Section 32-559; 1968 (55) 2670; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-20. Age restrictions for blood donors; parental permission.

(A) A person may lawfully donate blood if he is:
(1) at least seventeen years of age; or
(2) sixteen years of age and has the written consent of his parent or guardian.
(B) A person under eighteen years of age may not sell blood.
HISTORY: 1962 Code Section 32-560; 1971 (57) 71; 1976 Act No. 549, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2008 Act No. 186, Section 1, eff March 31, 2008; 2009 Act No. 4, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-30. Donor gift forms and accompanying information.

Whenever a 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 Article 5, the Revised Uniform Anatomical Gift Act, 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 the act. If a 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.
HISTORY: 1975 (59) 202; 1980 Act No. 347, Section 1; 1993 Act No. 181, Section 1105; 1996 Act No. 459, Section 66; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-40. Notification of donation on driver's license.

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 the department that he is a donor under the Revised Uniform Anatomical Gift Act a suitable emblem embedded within the person's driver's license to indicate his status as a donor. The department is not the registry of anatomical gifts.
HISTORY: 1975 (59) 202; 1980 Act No. 347, Section 2; 1984 Act No. 412, Section 1; 1998 Act No. 289, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-50. Immunity.

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.
HISTORY: 1984 Act No. 412, Section 2; 1993 Act No. 181, Section 1106; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-60. Citation of article.

This article may be cited as the Bone Marrow Donor Act.
HISTORY: 1992 Act No. 505, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › 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 each 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.
HISTORY: 1992 Act No. 505, Section 1; 1993 Act No. 181, Section 1107; 1996 Act No. 459, Section 67; 1998 Act No. 289, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › 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.
HISTORY: 1992 Act No. 505, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-310. Applicability of article.

This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
HISTORY: 1962 Code Section 32-720; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-315. Parties authorized to make anatomical gifts.

Subject to Section 44-43-335, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 44-43-320 by:
(1) the donor, if the donor is an adult or if the donor is a minor and is at least sixteen years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is less than sixteen years of age; or
(4) the donor's guardian.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-320. Methods of making anatomical gifts.

(A) A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of oral or written communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in subsection (B).
(B) A donor or other person authorized to make an anatomical gift under Section 44-43-315 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in item (1).
(C) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(D) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
HISTORY: 1962 Code Section 32-711; 1969 (56) 625; 1998 Act No. 290, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-325. Amendment or revocation of anatomical gift.

(A) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may amend or revoke an anatomical gift by:
(1) a record signed by:
(a) the donor;
(b) the other person; or
(c) subject to subsection (B), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(B) A record signed pursuant to subsection (A)(1)(c) must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in item (1).
(C) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(D) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(E) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (A).
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-330. Refusal to make anatomical gift; documentation.

(A) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by:
(a) the individual; or
(b) subject to subsection (B), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual while competent during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(B) A record signed pursuant to subsection (A)(1)(b) must:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in item (1).
(C) An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in subsection (A) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to Section 44-43-320 that is inconsistent with the refusal; or
(3) by destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(D) Except as otherwise provided in Section 44-43-335(H), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
HISTORY: 1962 Code Section 32-712; 1969 (56) 625; 1992 Act No. 306, Section 2; 1998 Act No. 289, Section 5; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › 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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-340. Parties authorized to make anatomical gift of decedent's body or part.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-345. Gift of decedent's body or part; documentation; revocation.

(A) A person authorized to make an anatomical gift under Section 44-43-340 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(B) Subject to subsection (C), an anatomical gift by a person authorized under Section 44-43-340 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 44-43-340 may be:
(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(C) A revocation under subsection (B) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician, or technician knows of the revocation.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-355. Duty to send document of gift or refusal to hospital; sanctions.

(A) A person who finds or is in possession of a document of gift or of refusal that was executed by an individual who the person reasonably believes is dead or near death shall, if the individual is taken to a hospital, send the document of gift or refusal to the hospital.
(B) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-360. Delivery of document of gift upon or after individual's death; examination and copying.

(A) A document of gift need not be delivered during the donor's lifetime to be effective.
(B) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 44-43-350.
HISTORY: 1962 Code Section 32-715; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-370. Agreements or affiliations between hospitals and procurement organizations.

Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
HISTORY: 1962 Code Section 32-716; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-375. Purchase or sale of part to be removed after individual's death; penalty; exception.

(A) Except as otherwise provided in subsection (B), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(B) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-380. Falsification of document of gift or refusal for financial gain; penalty.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
HISTORY: 1962 Code Section 32-717; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-385. Immunity.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-390. Validity and interpretation of document of gift; presumption of validity.

(A) A document of gift is valid if executed in accordance with:
(1) this article;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(B) If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
(C) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-395. Resolution of conflict between anatomical gift and declaration or advance health care directive.

(A) For purposes of this section:
(1) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3) "Health care decision" means any decision regarding the health care of the prospective donor.
(B) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this article to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 44-43-340. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-400. Body under jurisdiction of coroner; cooperation between coroner and procurement organization.

(A) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(B) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
HISTORY: 1962 Code Section 32-719; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-405. Anatomical gifts from bodies under jurisdiction of coroner.

(A) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
(B) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
(C) A person that has any information requested by a coroner pursuant to subsection (B) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.
(D) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.
(E) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner shall consult with the forensic pathologist and the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery.
(F) If the coroner or designee allows recovery of a part under subsection (D), or (E), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-410. Construction of article.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. This article must be liberally construed to effectuate the wishes of the donor.
HISTORY: 1998 Act No. 290, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-415. Modification of Electronic Signatures in Global and National Commerce Act.

This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(A) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(B) of that act, 15 U.S.C. Section 7003(B).
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-450. Short title.

This act may be cited as the Uniform Determination of Death Act.
HISTORY: 1984 Act No. 339, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-460. When individual is deemed to be dead; standards applicable to determination.

An individual who has sustained irreversible cessation of circulatory and respiratory functions or 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.
HISTORY: 1984 Act No. 339, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-510. Board for distribution and delivery of dead human bodies; composition.

The faculty members of the departments of anatomy and surgery 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, constitute a board for the distribution and delivery of dead human bodies as and for the purpose provided in this article.
HISTORY: 1962 Code Section 9-501; 1952 Code Section 9-501; 1942 Code Section 3443; 1932 Code Section 3443; Civ. C. '22 Section 1052; Civ. C. '12 Section 929; 1909 (26) 166; 1952 (47) 1875; 1998 Act No. 289, Section 7; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-520. Adoption of rules and regulations; records.

The board may adopt rules and promulgate regulations for its government and the proper discharge of its functions. The board shall keep a record of its proceedings and particularly of all bodies received and distributed. These records must 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.
HISTORY: 1962 Code Section 9-502; 1952 Code Section 9-502; 1942 Code Sections 3443, 3444; 1932 Code Sections 3443, 3444; Civ. C. '22 Sections 1052, 1053; Civ. C. '12 Sections 929, 930; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-530. Dead bodies available to board; notification of availability.

Each officer, agent, and servant of every city in the State and of every almshouse, prison, morgue, hospital, jail, or other public institution in cities having charge or control of any dead human body that 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 the person or persons as may, from time to time, be designated by the board or the board's authorized officer or agent, whenever and as soon as a body comes to the person's possession, charge, or control and shall, without fee or reward, deliver the body and permit the board and its agents, and physicians and surgeons as may, from time to time, be designated by the board, to take and remove the body to be used for the advancement of medical science.
HISTORY: 1962 Code Section 9-503; 1952 Code Section 9-503; 1942 Code Section 3445; 1932 Code Section 3445; Civ. C. '22 Section 1054; Civ. C. '12 Section 931; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.