§ 44-43-300 Citation of article
§ 44-43-305 Definitions
§ 44-43-310 Applicability of article
§ 44-43-315 Parties authorized to make anatomical gifts
§ 44-43-320 Methods of making anatomical gifts
§ 44-43-325 Amendment or revocation of anatomical gift
§ 44-43-330 Refusal to make anatomical gift; documentation
§ 44-43-335 Amendment or revocation by person other than donor of anatomical gift made by donor
§ 44-43-340 Parties authorized to make anatomical gift of decedent’s body or part
§ 44-43-345 Gift of decedent’s body or part; documentation; revocation
§ 44-43-350 Authorized recipients of anatomical gifts
§ 44-43-355 Duty to send document of gift or refusal to hospital; sanctions
§ 44-43-360 Delivery of document of gift upon or after individual’s death; examination and copying
§ 44-43-365 Search of South Carolina Organ and Tissue Donor Registry; examination to ensure medical suitability of part; minor donors; removal of part
§ 44-43-370 Agreements or affiliations between hospitals and procurement organizations
§ 44-43-375 Purchase or sale of part to be removed after individual’s death; penalty; exception
§ 44-43-380 Falsification of document of gift or refusal for financial gain; penalty
§ 44-43-385 Immunity
§ 44-43-390 Validity and interpretation of document of gift; presumption of validity
§ 44-43-395 Resolution of conflict between anatomical gift and declaration or advance health care directive
§ 44-43-400 Body under jurisdiction of coroner; cooperation between coroner and procurement organization
§ 44-43-405 Anatomical gifts from bodies under jurisdiction of coroner
§ 44-43-410 Construction of article
§ 44-43-415 Modification of Electronic Signatures in Global and National Commerce Act

Terms Used In South Carolina Code > Title 44 > Chapter 43 > Article 5

  • Adult: means an individual who is at least eighteen years of age. See South Carolina Code 44-43-305
  • 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
  • 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
  • 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.
  • Commission: shall mean the State Commission of Forestry. See South Carolina Code 48-28-30
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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
  • Document of gift: means a donor card or other record used to make an anatomical gift. See South Carolina Code 44-43-305
  • 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
  • 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 Section 48-28-100 established in the Commission designated as the forest renewal fund. See South Carolina Code 48-28-30
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 44-43-305
  • 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.
  • 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
  • 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.
  • 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.
  • 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 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
  • 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
  • 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 Section 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
  • 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
  • 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
  • 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