Reference is to Introduced Version .
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. Section 44-66-30 of the 1976 Code is amended to read:
"Section 44-66-30.
(A) Where a patient is unable to
consent, decisions concerning his health care may be made by the
following persons in the following order of priority:
(1)
a guardian appointed by the court pursuant to Article 5,
Part 3 of the South Carolina Probate Code, if the decision is
within the scope of the guardianship;
(2)
an attorney-in-fact appointed by the patient in a durable
power of attorney executed pursuant to Section 62-5-501, if the
decision is within the scope of his authority;
(3)
a person given priority to make health care decisions for
the patient by another statutory provision;
(4)
a spouse of the patient unless the spouse and the patient
are separated pursuant to one of the following:
(a)
entry of a pendente lite order in a divorce or separate
maintenance action;
(b)
formal signing of a written property or marital settlement
agreement; or
(c)
entry of a permanent order of separate maintenance and
support or of a permanent order approving a property or marital
settlement agreement between the parties;
(5)
a parent or an adult child of the
patient, or if the patient has more than one adult child, a
majority of the adult children who are reasonably available for
consultation;
(6)
a parent of the patient;
(6)(7) an
adult sibling, grandparent, or adult grandchild
of the patient, or if the patient has more than one adult
sibling, a majority of the adult siblings who are reasonably
available for consultation;
(8)
a grandparent of the patient, or if the patient
has more than one grandparent, a majority of the grandparents
who are reasonably available for consultation;
(7)(9) any
other adult relative by blood or marriage who reasonably
is believed by the health care professional to have a close
personal relationship with the patient, or if the patient has
more than one other adult relative, a majority of those other
adult relatives who are reasonably available for
consultation;
(8)(10)
a person given authority to make health care
decisions for the patient by another statutory
provision a close friend of the patient who is an
adult and reasonably is believed by the health care professional
to have a close personal relationship with the patient;
(11)
a health care professional who must not be
employed by the health care provider and must be selected by the
health care provider's ethics committee; however, if the health
care provider does not have an ethics committee, the health care
provider's governing body shall designate a committee of the
governing body comprised of at least three members to select the
health care professional who shall serve as the decision maker
pursuant to this item and who must not be employed by the health
care provider.
(B)(1) A
health care professional serving as the decision maker pursuant
to subsection (A)(11) must be notified that, upon request, the
health care provider shall make available a physician, not
involved in the patient's care, to assist the health care
professional in evaluating treatment options. A decision to
withhold or withdraw life-prolonging procedures must be reviewed
by the health care provider's ethics committee or the committee
designated by the health care provider's governing body pursuant
to subsection (A)(11). A person serving as a decision maker
pursuant to subsection (A)(11) shall serve as the decision maker
for the patient for the entire time the patient is being cared
for at the health care provider's facility. However, if a person
authorized to make health care decisions for a patient pursuant
to subsections (A)(1)-(A)(10) is identified after selection of a
health care professional pursuant to subsection (A)(11) and that
other person agrees to make health care decisions for the
patient, the health care professional is no longer authorized to
make health care decisions for the patient, and the identified
person is authorized to and must make health care decisions for
the patient as provided in subsection (A).
(2)
Documentation of efforts to locate a decision
maker who is a person identified in subsections (A)(1) through
(A)(10) must be recorded in the patient's medical record.
(B)(C)
If persons of equal priority disagree on whether
certain health care should be provided to a patient who is
unable to consent, an authorized person, a health care provider
involved in the care of the patient, or any other person
interested in the welfare of the patient may petition the
probate court for an order determining what care is to be
provided or for appointment of a temporary or permanent
guardian.
(C)(D)
Priority under pursuant to
this section must not be given to a person if a health care
provider responsible for the care of a patient who is unable to
consent determines that the person is not reasonably available,
is not willing to make health care decisions for the patient, or
is unable to consent as defined in Section
44-66-20(6)(8).
(D)(E)
An attending physician or other health care
professional responsible for the care of a patient who is unable
to consent may not give priority or authority
under pursuant to subsections (A)(5)
through (8) (A)(10) to a person if the
attending physician or health care professional has actual
knowledge that, before becoming unable to consent, the patient
did not want that person involved in decisions concerning his
care.
(E)(F)
This section does not authorize a person to make
health care decisions on behalf of a patient who is unable to
consent if, in the opinion of the certifying physicians, the
patient's inability to consent is temporary, and the attending
physician or other health care professional responsible for the
care of the patient determines that the delay occasioned by
postponing treatment until the patient regains the ability to
consent will not result in significant detriment to the
patient's health.
(F)(G)
A person authorized to make health care decisions
under pursuant to subsection (A)
of this section must shall base those
decisions on the patient's wishes to the extent that the
patient's wishes can be determined. Where the patient's wishes
cannot be determined, the person must
shall base the decision on the patient's best
interest.
(G)(H)
A person authorized to make health care decisions
under pursuant to subsection (A)
of this section either may consent or withhold
consent to health care on behalf of the patient."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.