South Carolina Code 44-43-335. Amendment or revocation by person other than donor of anatomical gift made by donor
(B) A donor’s revocation of an anatomical gift of the donor’s body or part under § 44-43-325 is not a refusal and does not bar another person specified in § 44-43-315 or 44-43-340 from making an anatomical gift of the donor’s body or part under § 44-43-320 or 44-43-345.
Terms Used In South Carolina Code 44-43-335
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See South Carolina Code 44-43-305
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See South Carolina Code 44-43-305
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Minor: means an individual who is under eighteen years of age. See South Carolina Code 44-43-305
- Parent: means a parent whose parental rights have not been terminated. See South Carolina Code 44-43-305
- Part: means an organ, an eye, or tissue of a human being. See South Carolina Code 44-43-305
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See South Carolina Code 44-43-305
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See South Carolina Code 44-43-305
- Refusal: means a record created under § 44-43-330 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See South Carolina Code 44-43-305
(C) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under § 44-43-320 or an amendment to an anatomical gift of the donor’s body or part under § 44-43-325, another person may not make, amend, or revoke the gift of the donor’s body or part under § 44-43-345.
(D) A revocation of an anatomical gift of a donor’s body or part under § 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 § 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 § 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 § 44-43-315, an anatomical gift of a part for one or more of the purposes set forth in § 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 § 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.