reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-540. Dead bodies not available to board.

Notice is not required to be given and a body must not be delivered if a person claiming to be, and satisfying the authorities in charge of the body that he is, of kin or related by marriage to the deceased claims the body for burial and pays the burial expenses; and notice is not required to be given for the body to be delivered if the deceased was a traveler who died suddenly.
HISTORY: 1962 Code Section 9-504; 1952 Code Section 9-504; 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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-550. Distribution of bodies.

The bodies received must be distributed by the board to and among medical colleges and schools of the State and physicians and surgeons as the board may designate. The colleges and schools first must be supplied with bodies needed for lectures and demonstration. The remaining bodies must be distributed equitably among the physicians and surgeons; however, in equitable distribution of the bodies, the physicians and surgeons of the city where the death of the person took place have prior right to receive the body. The board, instead of by themselves or through their agents receiving and delivering bodies, may, from time to time, either directly or by their officers or agents, designate physicians and surgeons to receive the bodies and the number each shall receive. For the purpose of the distribution contemplated by this section, a body must be held, subject to the order of the board or its authorized agent, in the city where death occurs not less than twenty-four hours.
HISTORY: 1962 Code Section 9-505; 1952 Code Section 9-505; 1942 Code Section 3446; 1932 Code Section 3446; Civ. C. '22 Section 1055; Civ. C. '12 Section 932; 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 44-43-560. Conveyance of bodies.

The board may employ a carrier or carriers for conveyance of bodies, which must be well enclosed in a suitable case and carefully deposited, free from public observation. Every carrier shall obtain a receipt by name or, if the person be unknown, by a description for each body delivered by the carrier and deposit the receipt with the board or its authorized agent. After the bodies have been sufficiently used for the purposes of instruction, the bodies must be decently and respectfully disposed of by the university, college, physicians, or surgeons, as the case may be, receiving them.
HISTORY: 1962 Code Section 9-506; 1952 Code Section 9-506; 1942 Code Section 3447; 1932 Code Section 3447; Civ. C. '22 Section 1056; Civ. C. '12 Section 933; 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 44-43-580. Trafficking in dead bodies; penalty; authorization to traffic in anatomical material and pathological specimens.

(A) It is unlawful for a person to sell or buy a dead human body or in any way to traffic in dead human bodies.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or, in the discretion of the court, be imprisoned not more than one year; however, the board may, on the application of any person, empower that person to import into this State and traffic in anatomical material and pathological specimens as the board may designate.
HISTORY: 1962 Code Section 9-508; 1952 Code Section 9-508; 1942 Code Sections 1373, 3448; 1932 Code Sections 1373, 3448; Civ. C. '22 Section 1057; Cr. C. '22 Section 276; Civ. C. '12 Section 934; 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 44-43-590. Penalties.

If a person fails or refuses to perform any duty imposed upon him by this article the person must, for every failure or refusal, be fined not less than one hundred or more than five hundred dollars.
HISTORY: 1962 Code Section 9-509; 1952 Code Section 9-509; 1942 Code Section 3448-1; 1932 Code Section 1500; Cr. C. '22 Section 448; Cr. C. '12 Section 403; 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 44-43-710. Consent; who may give consent.

A pathologist or a licensed physician or surgeon may conduct a postmortem examination on a dead human body when consent is given in writing by the person prior to his death or when consent 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 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; however, the autopsy must not be performed under a consent given by a person if, before the autopsy is performed, any other next of kin objects 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 is sufficient. If 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. If all of the next of kin are minors, the consent of a minor who is sixteen years of age or older is sufficient. A consent purporting to have been given by a person authorized to give consent is conclusively presumed to have been given by the person.
HISTORY: 1962 Code Section 32-558; 1967 (55) 370; 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 44-43-720. 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.
HISTORY: 1996 Act No. 419, 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 44-43-730. Right to have autopsy performed when patient dies in a hospital or health care facility.

If a patient dies in a hospital or a health care facility where invasive surgical procedures are performed, the person authorized to consent, as determined in accordance with Section 44-43-710, has the right to have an autopsy performed. The hospital or health care facility where invasive surgical procedures are performed, in writing, shall inform the person authorized to consent of this right. The notification must inform the person that if there is a charge for the autopsy the cost is to be paid by a private source.
HISTORY: 2010 Act No. 226, Section 2, eff July 1, 2010.
Editor's Note
2010 Act No. 226, Section 1, provides:
"This act may be cited as the 'Ann S. Perdue Independent Autopsy Fairness Act of 2010'."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-910. Definitions.

As used in this article:
(1) "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.
(2) "Potential organ or tissue donor" means a person who has died or is dying.
(3) "Organ and Tissue Procurement Organization" means the organ procurement organization designated to perform organ recovery services in South Carolina by the United States Department of Health and Human Services which also has the capability to procure tissue.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-920. Organ and tissue donor policies and continuing education.

A hospital shall establish policies on organ and tissue donation, as well as on related continuing education, in accordance with applicable federal and state laws and regulations.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-930. Notification of organ procurement organization.

When death is imminent or has occurred, the hospital shall notify the organ procurement organization in a timely manner in accordance with applicable federal and state laws and regulations.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-940. Collaboration in support of donation process.

All relevant hospital administration and staff shall collaborate with the organ and tissue procurement organization in a cooperative effort to support and promote the donation process.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-945. Determination of appropriateness of donation; contacting person authorized to give consent.

(A) If upon referral of a potential organ or tissue donor, the organ and tissue procurement organization 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 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.
(B) If the organ and tissue procurement organization determines that the patient is a suitable candidate for organ or tissue donation, a representative of the organ and tissue procurement organization shall contact the appropriate person authorized to consent to the donation pursuant to Section 44-43-340.
(C) Discretion and sensitivity to family circumstances and religious beliefs must be used in all contacts with family members regarding organ and tissue donation.
HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-950. Consent.

As provided in Section 44-43-340, persons in the stated order of priority may give consent for organ or tissue donation.
HISTORY: 1991 Act No. 29, Section 1; 1992 Act No. 306, Section 7; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-960. 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 by the organ and tissue procurement organization from the coroner or medical examiner before organ or tissue recovery. A coroner or medical examiner should refer to the designated organ and tissue procurement organization in South Carolina as a potential donor a person whose death occurs outside of a hospital.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2001 Act No. 73, Section 6, eff July 20, 2001; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-970. Exclusive agency for receipt of referrals and donations.

(A) LifePoint, Inc. within the territory designated pursuant to federal law, is the exclusive agency to receive potential organ donor referrals and organ donations and tissue referrals and tissue donations so long as this entity remains and is certified by the Centers for Medicare and Medicaid Services and abides by the regulations of the Organ Procurement Transplantation Network and the United Network for Organ Sharing or its successor.
(B) LifePoint, Inc. annually by April first shall submit a report to the General Assembly concerning its activities and the incidence of organ and tissue donation.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-985. Fees.

The organ and tissue procurement organization may not assess a charge, fee, or cost against another procurement agency for referral of an organ or tissue donor. However, reasonable charges for related services pursuant to contractual relationships are permissible.
HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-1000. 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 or tissue donors:
(1) why a family is not contacted to request organ or tissue donation;
(2) when a family is contacted to request organ or tissue 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;
(4) other documentation as may be required by federal or state law or regulation.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-1010. Costs pertaining to donation paid by procurement agency.

All hospital and physician charges following declaration of death that pertain to organ and tissue donation must be paid by the appropriate procurement agency 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.
HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-1015. Death record reviews.

Each hospital shall work collaboratively with the organ and tissue procurement organization in conducting periodic death record reviews.
HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, 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 44-43-1310. Donate life South Carolina established; purpose.

There is established Donate Life South Carolina, 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. Donate Life may accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. Donate Life supplements and augments services provided by state agencies and does not take the place of these services.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1320. Administration; board of directors.

(A) Donate Life South Carolina 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 a civic organization that promotes organ or tissue donation or both;
(2) four members representing organ and tissue recipients, families of recipients, and families of donors who are residents of South Carolina; of these four members, one each must represent the Lowcountry, Pee Dee, Midlands, and Piedmont regions of the State;
(3) one forensic pathologist who is a resident of and who is licensed to practice medicine in South Carolina;
(4) four at-large members who have demonstrated an interest in organ and tissue 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, except that there is no limit to the number of terms that a forensic pathologist may serve. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 1996 Act No. 262, Section 3; 1998 Act No. 289, Section 9; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › 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.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › 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.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › 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.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1360. Administration of article.

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 Donate Life South Carolina, excluding the administrative fee paid to the Department of Revenue pursuant to Sections 12-6-5065 and 56-1-143.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1370. Uses of resources.

Funds credited to Donate Life South Carolina, 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 LifePoint, Inc., 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, School of Medicine; 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 Donate Life;
(4) a reserve fund in an interest-bearing account with five percent of the funds received by Donate Life 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 may only be used in years in which donations do not meet the average normal operating cost incurred by Donate Life 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.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1380. Annual report of board to General Assembly.

Donate Life South Carolina board annually by February first shall submit a report to the General Assembly concerning its expenditures of funds, activities, and the incidence of organ and tissue donation.
HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1410. Donor registry established; membership; terms.

(A) There is established the South Carolina Organ and Tissue Donor Registry which must be exclusively administered by Donate Life South Carolina. The registry shall include individuals who have indicated a willingness to be an organ and tissue donor by a designation on a driver's license, state identification card, donor card, online, or any other donor registry form or any other document of gift.
(B) The purpose of the registry is to:
(1) facilitate the recovery of anatomical gifts for transplantation, therapy, research, and education;
(2) collect data to develop and evaluate the effectiveness of educational initiatives promoting organ and tissue donation.
HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1420. Development of procedures for obtaining donor registrants.

Donate Life South Carolina shall develop procedures for collecting organ and tissue donor registrants from existing databases including, but not limited to, obtaining donor information from the driver's license data bank maintained by the Department of Motor Vehicles. Donate Life also may develop other procedures including, but not limited to, establishing online donor registry enrollment.
HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1430. Registrant information.

Donate Life South Carolina shall maintain and update the following information which must be included in the registry on each registrant:
(1) full name, address, sex, birth date, and race;
(2) driver's license number or other unique identifying number; and
(3) other pertinent identifying personal information.
HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1440. Contents of procedures for administration of donor registry.

In developing procedures for the administration of the donor registry, Donate Life South Carolina shall specify:
(1) a process for updating information in the registry including a method whereby an individual may revoke his or her intent to be an organ and tissue donor;
(2) a method for making information available to organ procurement organizations seven days a week twenty-four hours a day;
(3) limitations on the use of and access to the registry.
HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1450. Confidentiality.

All information contained in the registry is confidential and only may be accessed by procurement organizations that are licensed, accredited, or regulated under federal or state law, and only for the purpose of identifying a potential donor. Identifying information on a registrant or donor may not be disclosed or used for any other purpose without the express written consent of the registrant, donor, or the person who made the anatomical gift.
HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1510. Legislative findings.

(A) The General Assembly finds that:
(1) A mental or physical disability does not diminish a person's right to health care.
(2) The Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services.
(3) Nationwide, individuals with mental and physical disabilities have been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplant medical requirements, or that they lack adequate support systems to ensure compliance with posttransplant medical requirements.
(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.
(5) South Carolina residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
(B) The General Assembly declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person with no disability who needs the same medical service.
HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 43 - Dispositions Of Human Bodies And Parts; Post-mortem Examinations › Section 44-43-1540. Remedies for violations of this article.

(A) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this article. The action may be brought in the circuit court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
(B) In an action brought under this article, the court shall give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:
(1) requiring auxiliary aids or services to be made available for a qualified recipient;
(2) requiring the modification of a policy, practice, or procedure of a covered entity; or
(3) requiring facilities be made readily accessible to and usable by a qualified recipient.
(C) Nothing in this article is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990 or any other applicable law.
(D) This article does not create a right to compensatory or punitive damages against a covered entity.
HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-20. Definitions.

For purposes of this chapter:
(1) "Birth defect" is defined as structural malformation, deformation, or disruption, present at birth, as determined before or after birth.
(2) "Department" means the South Carolina Department of Health and Environmental Control.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-30. South Carolina Birth Defects Program established; public health monitoring and referral.

(A) There is established the South Carolina Birth Defects Program within the Department of Health and Environmental Control to promote increased understanding of birth defects, prevent and reduce birth defects, and assist families with children who have birth defects.
(B) As part of this program, the department shall conduct public health monitoring, make appropriate referrals and provide other interventions related to birth defects. Information obtained pursuant to this subsection must be used for:
(1) public health and epidemiology purposes in which incidence, distribution, causes, risk factors, and trends may be studied. This data may be published and made accessible for education and research purposes. This information must be released in aggregate form only without identifying information;
(2) referral for service and treatment purposes so that referrals of the individual child and family may be facilitated for optimal care. The department or its employees must not provide referral services or counseling for the purpose of pregnancy termination by induced abortion, nor use any funds under this program for services or counseling for the purpose of pregnancy termination by induced abortion. Referral information is confidential and must be maintained in accordance with Section 44-44-140.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
Editor's Note
2004 Act No. 281, Section 2, provides as follows:
"The provisions of this act are severable except for the provisions of Section 44-44-30(B)(2). If a court determines that the provisions of Section 44-44-30(B)(2) are unconstitutional, invalid, or unenforceable, the remaining provisions of this act are deemed void."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-40. Birth Defects Advisory Council established; membership; subject areas for recommendations; compensation.

(A) There is established the Birth Defects Advisory Council composed of at least thirteen members to be appointed by the commissioner of the department, with an odd total number of members. The members shall include at least one representative from each of the following organizations, upon the recommendation of the director of the respective organization:
(1) American Academy of Pediatrics, South Carolina Chapter, a board- certified physician in neonatal-perinatal medicine;
(2) American College of Obstetrics and Gynecology, South Carolina Chapter, a board-certified physician in maternal fetal medicine;
(3) Greenwood Genetic Center;
(4) University of South Carolina School of Medicine, a board-certified genetics professional who must be a physician or genetics counselor;
(5) Medical University of South Carolina, a board-certified physician in pediatric cardiology or a board-certified genetics professional;
(6) March of Dimes, South Carolina Chapter;
(7) South Carolina Perinatal Association;
(8) South Carolina Department of Disabilities and Special Needs;
(9) South Carolina Department of Health and Human Services;
(10) Parent of a child with a birth defect, recommended by a South Carolina family advocacy or disability organization;
(11) An adult who was born with a birth defect, recommended by a South Carolina family advocacy or disability organization;
(12) South Carolina Hospital;
(13) South Carolina Medical Association, a licensed physician specializing in genetics.
(B) The Birth Defects Advisory Council shall meet periodically, but at least annually, with staff from the department. The commissioner of the department or his designee must be a nonvoting ex officio advisory council member.
(C) The advisory council may make recommendations to the department concerning the following:
(1) the establishment of procedures for the birth defects program;
(2) the transition from the existing South Carolina Neural Tube Defects Prevention Program into an integrated system of comprehensive birth defects monitoring based at the department;
(3) the allocation of funding, cooperative agreements, and grants; and
(4) evaluation of the birth defects program.
(D) The members of the council shall serve in a voluntary capacity and are not entitled to compensation, mileage, per diem, or subsistence.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-60. Utilization of data.

The Birth Defects Program shall concentrate on public health surveillance and monitoring birth defects. Data may be made available to persons or institutions outside the program for education, research, provision of services, and other purposes in accordance with program procedures.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-70. Maintenance of central database; case ascertainment.

The department shall maintain a central database for the gathering of data from hospitalizations, specialty clinics, births, pregnancies, stillbirths, and pediatric deaths through age two, throughout the State, including border regions. The department shall establish procedures for active birth defect case ascertainment. The data system must be maintained to be accurate, timely, and dynamic, and the department shall institute procedures to make this system effective. The department may expand the age range for data collection as resources become available and if the department determines the additional data collection would benefit the program.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-80. Access to health and medical records; confidentiality.

All hospitals, health providers, birth centers, clinics, medical records departments, third party payors, laboratories, universities, and other sources of birth defects information shall provide access to all health or medical records for the purpose of surveillance and identification of birth defects in accordance with procedures promulgated by the department in regulation. This access is protected by state and federal law concerning birth defects monitoring, and confidentiality must be maintained by the department in accordance with Section 44-44-140. Individually identifiable data may not be made available to the public.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-90. Reports.

The department shall report annually, beginning within two years of this program becoming operational, to the General Assembly and the Governor and shall make copies of the report available to the public. The report may include data about birth defects in South Carolina including, but not limited to, analysis of incidence and trends and mortality and outcomes. The report must contain only aggregate data and may not identify any individual.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-100. Use and disclosure of birth defects data.

Birth defects data may be used and disclosed for the purposes of scientific research concerning causation, prevention strategies, epidemiological analysis, environmental and geographic study, and other purposes authorized by the department.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-110. Providing data to National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention.

Data may be provided to the National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention to enhance scientific, epidemiological, and investigative efforts and studies.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-120. Agreements with other agencies.

The department may negotiate and enter into cooperative agreements and contracts with federal agencies, other states, universities, genetics centers, and other parties, as appropriate, in order to facilitate operation of the program.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-130. Use of data to make treatment available to affected children and families.

Birth defects data must also be used to ensure that optimal treatment and services are available to any affected child and family. A family whose child is identified with a structural birth defect may be contacted by the department through the child's health care provider, or directly when necessary, in order to offer services. Family acceptance of referrals is voluntary. Referral procedures must be promulgated by the department in regulation.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-140. Confidentiality; immunity of entities providing information; access records; penalty; parental access.

(A) All birth defects information collected by the department in the birth defects program is confidential and must be used solely for the purposes provided in this chapter.
(B) The department shall maintain confidentiality in regard to:
(1) data ascertainment;
(2) data and record retention;
(3) epidemiological study and reporting;
(4) research uses;
(5) referral for services for children and families;
(6) identifying data obtained from health and medical records; and
(7) data obtained from any source for any other use.
(C) An entity required to provide information to the department pursuant to Section 44-44-80 is not subject to liability for providing access and information or use and disclosure of protected health information. This access and reporting may not be considered a waiver, breach, or violation of a confidential relationship.
(D) Any use and disclosure of birth defects information must be governed by applicable confidentiality procedures of the department, using written confidentiality agreements and applicable laws. Information that is disclosed must be used only for purposes approved by the department.
(E) The program shall keep an accurate record of all persons allowed access to birth defects information for research or other authorized purposes. Records are not required to be kept on information shared with providers or families pursuant to the referral for services procedures in Section 44-44-130 and on data provided pursuant to Section 44-44-110 or Section 44-44-120. Records of access must be retained for six years and open to public inspection. Persons allowed access to data must be required to sign and maintain confidentiality agreements.
(F) A person who violates any of the confidentiality provisions of this chapter or an agreement entered into pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days.
(G) Nothing in this section prohibits publication of reports and statistical compilations without identifying information.
(H) A child's parent or legal guardian who wants to review information concerning their child from the birth defects information system may request access to their child's information from the department. The department shall disclose and discuss the database information and the nature of all uses of this information with the parent. A parent may request in writing, on a form provided by the department, removal of this information from the system and the child's data must be deleted. To the extent that an individual child's information may have been included in aggregate releases, that information must not be deleted.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 44 - Birth Defects › Section 44-44-160. Funding contingency.

Implementation of this chapter is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available.
HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 48 - Sexually Violent Predator Act › Section 44-48-10. Short title.

This chapter is known and may be cited as the "Sexually Violent Predator Act".
HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 48 - Sexually Violent Predator Act › Section 44-48-20. Legislative findings.

The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily-committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.
HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.