2022 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.
