View Amendment Current Amendment: 2 to Bill 4004 Rep. MORGAN proposes the following Amendment No. to H. 4004 (COUNCIL\VR\4004C003.CC.VR19):

Reference is to Printer's Date 04/04/19.

Amend the bill, as and if amended, SECTION 2, by striking Sections 44-80-20 through 44-80-40 and inserting:

/            Section 44-80-20.      The department shall:
     (1)            oversee the POST form and its future iterations;
     (2)            display a printable sample of the POST form currently being used by the department on the department's or a designee's publicly accessible website, along with any related information the department chooses to post; however, if posted on a designee's website, the department shall post a link on its website to the form and any related information;
     (3)            develop a statewide, uniform process for identifying a patient who has executed any advance directive, a POST form, or a combination of advance directives and a POST form;
     (4)            develop a process for collecting feedback to facilitate the periodic redesign of the POST form in accordance with current health care best practices;
     (5)            develop POST-related education efforts for health care professionals and the public; and
     (6)            promulgate regulations necessary to perform the duties assigned and ensure compliance with the provisions of this chapter.

     Section 44-80-30.      (A)      The POST form must be a uniform document based on the standards recommended by the National Physician Order for Life-Sustaining Treatment (POLST) paradigm and must include the information set forth in subsection (C).
     (B)      A copy, facsimile, or electronic version of a completed POST form is considered to be legal.
     (C)      The POST form must include the following information:
           (1)            patient name and contact information;
           (2)            date of birth;
           (3)            effective date of form;
           (4)            diagnosis;
           (5)            treatment plan;
           (6)            health care representative or health care agent contact information;
           (7)            CPR preference;
           (8)            medical intervention preferences;
           (9)            preferences for antibiotics; and
           (10)            assisted nutrition and hydration preferences.

     Section 44-80-40.      (A)      A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act.
     (B)      A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility.
     (C)      A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act.            /

Amend the bill further, as and if amended, SECTION 2, Section 44-80-90, by adding an appropriately lettered subsection at the end to read:

/            (C)      The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient's wishes for medical treatment in the patient's current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient's new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient's behalf if the patient is unable to communicate to ensure that the patient's advance directive wishes as to life-sustaining medical treatment are fulfilled.            /

Renumber sections to conform.
Amend title to conform.