2016 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.

Effect of Amendment

The 2006 amendment redesignated items (a) to (i) as items (1) to (9); in item (9), substituted "United states Department of Health and Human Services" for "Health Care Financing Administration"; and made nonsubstantive changes in items (1) and (4).

The 2009 amendment rewrote this section.