H*3224(Rat #0179, Act #0172 of 2005)  General Bill, By Miller
 AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO
 AS TO PROVIDE AN ALTERNATIVE METHOD OF EXECUTING A HEALTH CARE POWER OF
 ATTORNEY AND PROVIDE THE REQUIREMENTS AND FORMALITIES FOR THIS ALTERNATIVE
 METHOD, AND TO PROVIDE OTHER HEALTH CARE ISSUES THAT MAY BE ACTED ON BY THE
 HEALTH CARE AGENT NAMED IN A HEALTH CARE POWER OF ATTORNEY EXECUTED PURSUANT
 TO THIS ALTERNATIVE METHOD. - ratified title

   12/22/04  House  Prefiled
   12/22/04  House  Referred to Committee on Judiciary
   01/11/05  House  Introduced and read first time HJ-136
   01/11/05  House  Referred to Committee on Judiciary HJ-137
   04/19/05  House  Committee report: Favorable with amendment
                     Judiciary HJ-62
   04/20/05         Scrivener's error corrected
   04/26/05  House  Amended HJ-118
   04/26/05  House  Read second time HJ-120
   04/27/05  House  Read third time and sent to Senate HJ-25
   04/28/05  Senate Introduced and read first time SJ-6
   04/28/05  Senate Referred to Committee on Judiciary SJ-6
   05/04/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   05/11/05  Senate Amended SJ-25
   05/12/05         Scrivener's error corrected
   05/26/05  Senate Read third time and returned to House with
                     amendments SJ-305
   06/01/05  House  Concurred in Senate amendment and enrolled HJ-76
   06/02/05         Ratified R 179
   06/07/05         Signed By Governor
   06/13/05         Copies available
   06/13/05         Effective date 06/07/05
   06/30/05         Act No. 172

(A172, R179, H3224)

AN ACT TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE AN ALTERNATIVE METHOD OF EXECUTING A HEALTH CARE POWER OF ATTORNEY AND PROVIDE THE REQUIREMENTS AND FORMALITIES FOR THIS ALTERNATIVE METHOD, AND TO PROVIDE OTHER HEALTH CARE ISSUES THAT MAY BE ACTED ON BY THE HEALTH CARE AGENT NAMED IN A HEALTH CARE POWER OF ATTORNEY EXECUTED PURSUANT TO THIS ALTERNATIVE METHOD.

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

Alternative method allowed

SECTION    1.    Section 62-5-504 of the 1976 Code, as amended by Act 306 of 1992, is further amended by adding a new subsection (S) to read:

"(S)(1)    Notwithstanding the requirements of subsections (C) and (D) of this section, any document or writing containing the following provisions is deemed to comply with the requirements of this section:

(a)    the name and address of the person who meets the requirements of subsection (C)(1)(d) and is authorized to make health care related decisions if the principal becomes mentally incompetent;

(b)    the types of health care related decisions that the health care agent is authorized to make;

(c)    the signature of the principal;

(d)    the signature of at least two persons who witnessed the principal's signature and who meet the requirements of subsection (C)(1)(c); and

(e)    the attestation of a notary public.

(2)    Additionally, any document that meets the requirements of subsection (S)(1) and also provides expressions of the principal's intentions or wishes with respect to the following health care issues authorizes the health care agent to act in accordance with these provisions:

(a)    organ donations;

(b)    life-sustaining treatment;

(c)    tube feeding;

(d)    other kinds of medical treatment that the principal wishes to have or not to have;

(e)    comfort and treatment issues;

(f)    provisions for interment or disposal of the body after death; and

(g)    any written statements that the principal may wish to have communicated on his behalf."

Time effective

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

Ratified the 2nd day of June, 2005.

Approved the 7th day of June, 2005.