Article 1 General Provisions
Article 2 Bone Marrow Donor Program
Article 5 Revised Uniform Anatomical Gift Act
Article 6 Uniform Determination of Death Act
Article 7 Distribution of Dead Bodies for Scientific Purposes
Article 9 Post-Mortem Examinations
Article 11 Hospital Policy and Protocol for Organ and Tissue Donation
Article 13 Donate Life South Carolina
Article 14 Organ and Tissue Donor Registry

Terms Used In South Carolina Code > Title 44 > Chapter 43 - Dispositions of Human Bodies and Parts; Post-Mortem Examinations

  • Adult: means an individual who is at least eighteen years of age. See South Carolina Code 44-43-305
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agent: means an individual:

    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See South Carolina Code 44-43-305
  • 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
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved forest management plan: shall mean a forest management plan approved by the State Forester for an eligible landowner. See South Carolina Code 48-28-30
  • Approved practices: shall mean those silvicultural practices approved by the State Forester for the purpose of commercially growing timber through the establishment of forest stands or of ensuring the proper regeneration of forest stands to commercial production levels following the harvest of timber. See South Carolina Code 48-28-30
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beaches: means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. See South Carolina Code 48-39-10
  • Board: means the board of the department. See South Carolina Code 48-39-10
  • Certified prescribed fire manager: means an individual who successfully completes a certification program approved by the State Commission of Forestry. See South Carolina Code 48-34-20
  • Coastal waters: means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. See South Carolina Code 48-39-10
  • Coastal zone: means all coastal waters and submerged lands seaward to the state's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. See South Carolina Code 48-39-10
  • Commission: shall mean the State Commission of Forestry. See South Carolina Code 48-28-30
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost-sharing payment: shall mean financial assistance to partially cover the cost of implementing approved practices in such amounts as the State Forester shall determine, subject to the limitations of this chapter. See South Carolina Code 48-28-30
  • Court: includes every court and judge having jurisdiction in the case;

    (2) "Business" includes every trade, occupation, or profession;

    (3) "Bankrupt" includes a bankrupt under the Federal Bankruptcy Act or an insolvent under any state insolvent act;

    (4) "Conveyance" includes every assignment, lease, mortgage, or encumbrance;

    (5) "Real property" includes land and any interest or estate in land; and

    (6) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this State, registered under § 33-41-1110 and complying with §§ 33-41-1120 and 33-41-1130. See South Carolina Code 33-41-20
  • Critical area: means any of the following:

    (1) coastal waters;

    (2) tidelands;

    (3) beaches;

    (4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in § 48-39-280. See South Carolina Code 48-39-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See South Carolina Code 44-43-305
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
  • Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See South Carolina Code 44-43-305
  • Division: means the Coastal Division of the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
  • Document of gift: means a donor card or other record used to make an anatomical gift. 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
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See South Carolina Code 44-43-305
  • Eligible landowner: shall mean a private individual, group, partnership, association, corporation or other legal entity which owns nonindustrial private forest lands capable of producing industrial wood crops. See South Carolina Code 48-28-30
  • Eligible lands: shall mean land owned by an eligible landowner. See South Carolina Code 48-28-30
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estuarine sanctuary: means a research area designated as an estuarine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See South Carolina Code 44-43-305
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • forest fire: as used in this chapter , means any fire burning uncontrolled on any land covered wholly or in part by timber, brush, grass or other inflammable vegetation. See South Carolina Code 48-33-30
  • Forest renewal assessment: shall mean an assessment on primary forest products from timber severed in South Carolina for the funding of the provisions of this chapter. See South Carolina Code 48-28-30
  • Forest renewal fund: shall mean the special nonlapsing fund provided by § 48-28-100 established in the Commission designated as the forest renewal fund. See South Carolina Code 48-28-30
  • Fraud: Intentional deception resulting in injury to another.
  • Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-39-10
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See South Carolina Code 44-43-305
  • 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. See South Carolina Code 44-43-910
  • 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. See South Carolina Code 44-43-305
  • Identification card: means an identification card issued by the Department of Motor Vehicles. See South Carolina Code 44-43-305
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Know: means to have actual knowledge. See South Carolina Code 44-43-305
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Marine sanctuary: means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
  • Minor: means an individual who is under eighteen years of age. See South Carolina Code 44-43-305
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oil: means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-39-10
  • 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. See South Carolina Code 44-43-910
  • Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter. See South Carolina Code 48-39-10
  • 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
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See South Carolina Code 44-43-305
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prescribed fire: means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. See South Carolina Code 48-34-20
  • Probate: Proving a will
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See South Carolina Code 44-43-305
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See South Carolina Code 44-43-305
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See South Carolina Code 44-43-305
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Saline waters: means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand. See South Carolina Code 48-39-10
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign: means , with the present intent to authenticate or adopt a record:

    (a) to execute or adopt a tangible symbol; or

    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See South Carolina Code 44-43-305
  • Slippage: shall mean the difference in funds earmarked in the management plan for an approved practice and funds actually earned when the practice is completed. See South Carolina Code 48-28-30
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 44-43-305
  • State Forester: shall mean the director of the State Commission of Forestry. See South Carolina Code 48-28-30
  • Statute: A law passed by a legislature.
  • Submerged lands: means those river, creek, and ocean bottoms lying below mean low-water mark. See South Carolina Code 48-39-10
  • Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See South Carolina Code 44-43-305
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tidelands: means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. See South Carolina Code 48-39-10
  • Tissue: means a portion of the human body other than an organ or an eye. See South Carolina Code 44-43-305
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See South Carolina Code 44-43-305