H 4795 General Bill, By I.K. Rudnick, J. Brown, A.W. Byrd, Glover, P.B. Harris, 
Harvin, W.S. Houck, H.H. Keyserling, M. McLeod, T.F. Rogers, J.S. Shissias, 
R. Smith, C.H. Stone, L.S. Taylor, L.S. Whipper and J.B. Wilder
 A Bill to amend Section 44-66-30, as amended, Code of Laws of South Carolina,
 1976, relating to procedures for priority of persons authorized to make health
 care decisions for a person unable to consent, so as to authorize such person
 to execute a health care power of attorney or a living will on behalf of a
 person who is irreversibly incapable of executing such a document and to
 provide that the decision of a person authorized to make health care decisions
 takes priority over such a document.

   04/29/92  House  Introduced and read first time HJ-244
   04/29/92  House  Referred to Committee on Judiciary HJ-244

A BILL

TO AMEND SECTION 44-66-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR PRIORITY OF PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR A PERSON UNABLE TO CONSENT, SO AS TO AUTHORIZE SUCH PERSON TO EXECUTE A HEALTH CARE POWER OF ATTORNEY OR A LIVING WILL ON BEHALF OF A PERSON WHO IS IRREVERSIBLY INCAPABLE OF EXECUTING SUCH A DOCUMENT AND TO PROVIDE THAT THE DECISION OF A PERSON AUTHORIZED TO MAKE HEALTH CARE DECISIONS TAKES PRIORITY OVER SUCH A DOCUMENT.

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

SECTION 1. Section 44-66-30 of the 1976 Code, as last amended by an act of 1992 bearing ratification number 340, is further amended by adding at the end:

"(H) A person who is authorized to make health care decisions pursuant to subsection (A) may execute a health care power of attorney pursuant to Section 62-5-504 or a living will pursuant to Chapter 77 of Title 44 for a person who is unable to consent and who is irreversibly incapable of executing such a document. However, if a person authorized in subsection (A) to make decisions concerning health care for a patient is available to make those decisions, then the decisions of that authorized person take priority over a document executed on behalf of a person pursuant to this subsection."

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