Bill 4795

                    Current Status

Introducing Body:               House
Bill Number:                    4795
Primary Sponsor:                Rudnick
Committee Number:               25
Type of Legislation:            GB
Subject:                        Health care power of attorney or
                                living will
Residing Body:                  House
Computer Document Number:       BR1/2642.AC
Introduced Date:                Apr 29, 1992
Last History Body:              House
Last History Date:              Apr 29, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rudnick
                                Whipper
                                Wilder
                                Shissias
                                Harvin
                                Rogers
                                Smith
                                Houck
                                Keyserling
                                Taylor
                                P. Harris
                                Glover
                                Byrd
                                Stone
                                J.
                                Brown
                                McLeod
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4795  House   Apr 29, 1992  Introduced, read first time,    25
                             referred to Committee

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.