S 1147 Session 123 (2019-2020) S 1147 General Bill, By Shealy, Hutto and Jackson
TO AMEND SECTIONS 44-78-20, 44-78-30, 44-78-45(A), 44-78-50, AND 44-78-60 OF THE 1976 CODE, ALL RELATING TO DO NOT RESUSCITATE ORDERS, TO ALLOW A PARENT OR LEGAL GUARDIAN OF A MEDICALLY ELIGIBLE CHILD TO REQUEST AND REVOKE A DO NOT RESUSCITATE ORDER FOR EMERGENCY SERVICES FOR THE CHILD, AND FOR OTHER PURPOSES; AND TO DEFINE NECESSARY TERMS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. A. Section 44-78-15 of the 1976 Code is amended by adding an appropriately numbered new item to read: "( ) 'Child' means a person under the age of eighteen who is neither married nor judicially emancipated and who is medically eligible for hospice care as a result of a serious illness, as that term is defined in this section." B. Section 44-78-15(7) of the 1976 Code is amended to read:
"(7) SECTION 2. Section 44-78-20 of the 1976 Code is amended to read:
"Section 44-78-20. (A) A patient who has a
(1) patient has a
(2)
(B) (1) affix to the wrist of the patient a do not resuscitate bracelet that meets the specifications established under Section 44-78-30(B); or
(2) provide the patient, SECTION 3. Section 44-78-30 of the 1976 Code is amended to read: "Section 44-78-30. (A) A document purporting to be a 'do not resuscitate order' for EMS purposes must be in substantially the following form: NOTICE TO EMS PERSONNEL
This notice is to inform all emergency medical personnel who may be called to render assistance to _________________ that he/she has a REVOCATION PROCEDURE THIS FORM MAY BE REVOKED BY AN ORAL STATEMENT BY THE PATIENT OR, IF THE PATIENT IS A CHILD, BY A PARENT OR LEGAL GUARDIAN WITH THE LEGAL AUTHORITY TO MAKE MEDICAL DECISIONS FOR THE PATIENT TO EMS PERSONNEL OR BY MUTILATING, OBLITERATING, OR DESTROYING THE DOCUMENT IN ANY MANNER. Date:_______________________________ ___________________________________ Patient's signature (or surrogate or agent) ___________________________________ Parent or Legal Guardian ___________________________________ Physician's signature ___________________________________ Physician's address ___________________________________ Physician's telephone number (B) The department may approve a do not resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words 'South Carolina Do Not Resuscitate EMS' and the patient's first name and last name on the back. The department may not approve a do not resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a health care provider's order for the bracelet before distributing it to a patient. (C) The cost of obtaining a bracelet must be borne by the patient or, if the patient is a child, a parent or legal guardian of the patient and may not be provided by the department at the expense of the department. (D) The vendor approved by the department shall not fulfill a request for a do not resuscitate bracelet without receiving a health care provider's order for the bracelet with the request." SECTION 4. Section 44-78-45(A) of the 1976 Code is amended to read: "Section 44-78-45. (A) A health care provider and an EMS personnel shall follow the request of the patient or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the patient and must not provide resuscitative measures when the patient has a 'do not resuscitate order for emergency medical services' or is wearing a 'do not resuscitate bracelet', except where the: (1) order is revoked pursuant to Section 44-78-60; or (2) bracelet, when applicable, appears to have been tampered with or removed." SECTION 5. Section 44-78-50 of the 1976 Code is amended to read: "Section 44-78-50. (A) Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative action or deliberate act to end life other than to allow the natural process of dying.
(B)
SECTION 6. Section 44-78-60 of the 1976 Code is amended to read: "Section 44-78-60. A patient or, if the patient is a child, a parent or legal guardian with the legal authority to make medical decisions for the patient may revoke a 'do not resuscitate order for emergency services' by: (1) mutilating, obliterating, or destroying the 'do not resuscitate order for emergency medical services' document in any manner; (2) orally expressing to an emergency medical technician, first responder, or to a person who serves as a member of an emergency health care facility's personnel, the desire to be resuscitated, after which the emergency medical technician, first responder, or the member of the emergency health care facility shall disregard the 'do not resuscitate order for emergency medical services' document and, if applicable, promptly remove the bracelet; (3) defacing, burning, cutting, or otherwise destroying the bracelet, if applicable; or (4) removing the bracelet or asking another person to remove the bracelet." SECTION 7. This act takes effect upon approval by the Governor.
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