Terms Used In South Carolina Code > Title 44 > Chapter 43 > Article 5 - Revised Uniform Anatomical Gift Act

• 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
• Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 48-56-20
• 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.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative agreement: means an agreement entered into under § 48-56-30. See South Carolina Code 48-56-20
• 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
• Decedent: A deceased person.
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-57-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-56-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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: 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
• Environmental audit: means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. See South Carolina Code 48-57-20
• Environmental audit report: means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. See South Carolina Code 48-57-20
• Environmental laws: means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters. See South Carolina Code 48-57-20
• Environmental management system: means an organized set of procedures implemented by the owner or operator of a facility that is based on standards issued by the International Organization for Standardization or an alternative management system or program that is acceptable to the South Carolina Environmental Excellence Program and the department and is designed to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations. See South Carolina Code 48-56-20
• 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.
• 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
• Facility: means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law. See South Carolina Code 48-56-20
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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 44-43-305
• Identification card: means an identification card issued by the Department of Motor Vehicles. See South Carolina Code 44-43-305
• Innovative environmental approaches: means procedures, practices, technologies, or systems that are designed to achieve superior environmental performance when applied by doing one or more of the following:
  
  (a) achieving emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements;
  
  (b) providing for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and providing the information needed to ensure compliance with the cooperative agreement and other applicable provisions of South Carolina environmental law; or
  
  (c) achieving natural resource conservation or reductions in the use of natural resources or energy consumption. See South Carolina Code 48-56-20
• Interested person: means a person or a representative of a person who, due to his proximity to a facility, is or may be affected by the activities at the facility that is covered or proposed to be covered by a cooperative agreement. See South Carolina Code 48-56-20
• 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
• 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.
• Performance evaluation: means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental operations of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of South Carolina environmental law for which a participant has not been granted a variance. See South Carolina Code 48-56-20
• 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
• Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 48-56-20
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See South Carolina Code 44-43-305
• Pollution: means :
  
  (a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration:
  
  (i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded;
  
  (ii) which is or tends to be injurious to human health or welfare;
  
  (iii) which damages property, plant, animal or marine life or use of property; or
  
  (b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. See South Carolina Code 48-56-20
• 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 § 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
• South Carolina Environmental Excellence Program: means a voluntary program in which facilities are selected for membership based upon their demonstrated commitment to continuous environmental improvement through the use of environmental management systems to achieve pollution prevention and energy and natural resource conservation. See South Carolina Code 48-56-20
• South Carolina environmental law: means all state and federal environmental laws and regulations that the department is authorized to administer and enforce. See South Carolina Code 48-56-20
• 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
• Statute: A law passed by a legislature.
• 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
• Testify: Answer questions in court.
• 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
• Violation: means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance. See South Carolina Code 48-56-20