H 4795 Session 109 (1991-1992)
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.
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