South Carolina H 3119: Blood and Organ Donation

Bill Text

2025-2026 Bill 3119 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3119

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
44-43-15 SO AS TO REQUIRE THAT DONATED BLOOD, OTHER HUMAN TISSUE, OR ORGANS BE 
TESTED FOR THE PRESENCE OF CERTAIN CONTAMINANTS AND LABELED ACCORDINGLY BEFORE DISTRIBUTION 
FOR USE IN TRANSFUSIONS OR TRANSPLANTATIONS, TO ALLOW PATIENTS TO DECLINE 
CONTAMINATED DONATED PRODUCTS WITHOUT PENALTY, TO CREATE A CIVIL PENALTY FOR 
VIOLATIONS OF THE SECTION, TO PROVIDE LIMITED IMMUNITY, AND FOR OTHER PURPOSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 43, Title 44 of the S.C. Code is 
amended by adding:

 Section 
44-43-15. (A) Whole blood, plasma, 
blood derivatives, blood products, other human tissue, and organs must be 
tested for the presence of high-count spike proteins from long COVID-19 or 
products created from gene therapy biologics, and labeled accordingly, before 
being used by a hospital or other healthcare provider in the State for any 
blood, other human tissue, or organ donation procedure including, but not 
limited to, a transfusion or transplantation.

 (B) Every 
blood bank, eye bank, organ procurement organization, hospital, or other 
healthcare provider offering services related to blood, other human tissue, or 
organ donation for transfusions, transplantations, or other such medical 
procedures shall ensure that all donated products are sent to a laboratory 
licensed by the Department of Public Health for testing in accordance with the 
requirements of subsection (A) prior to distribution for use by a hospital or 
other healthcare provider offering transfusion, transplantation, or other such 
medical services in the State. After testing, the laboratory must label any 
donated product that contains a presence of high-count spike proteins from long 
COVID-19 or products from gene therapy biologics.

 (C) A 
hospital or other healthcare provider offering transfusion, transplantation, or 
other such medical services shall obtain written consent from any patient 
before performing a transfusion, transplantation, or other such medical service 
in which the donated product to be received by the patient is labeled as 
containing a presence of high-count spike proteins from long COVID-19 or 
products from gene therapy biologics. A patient may decline any such 
contaminated donated product without penalty including, but not limited to, 
fines, retribution, disqualification, a denial of right to receive 
noncontaminated donated products, or change in status as a patient or in the 
order in which the patient is eligible to receive a donated product for which 
there is a wait list.

 (D) A 
blood bank, eye bank, organ procurement organization, hospital, or other 
healthcare provider that violates a provision of this section is subject to a 
fine of five hundred dollars for each patient who receives a transfusion, 
transplantation, or other tissue or organ donation from a product that has not 
been tested as required by this section or from a product which after testing 
has been found to contain a presence of high-count spike proteins from long 
COVID-19 or products created from gene therapy biologics but which the patient 
did not consent in writing to receive despite the presence of the contaminants.

 (E) A 
blood bank, eye bank, organ procurement organization, hospital, or other 
healthcare provider, including its officers and agents, acting in compliance 
with the provisions of this section is not subject to arrest, prosecution, or 
any civil or administrative penalty, including a civil penalty or disciplinary 
action by a professional licensing board for any damages to a patient resulting 
from the presence of high-count spike proteins from long COVID-19 or products 
created from gene therapy biologics in donated blood, other tissue, or organs.

 (F) For 
purposes of this section, "gene therapy biologics" means any biological product 
with any capacity to alter, interfere with, or otherwise act in any manner 
similar or equivalent to genes, and includes messenger ribonucleic acid.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:08 AM