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A172, R179, H3224
STATUS INFORMATION
General Bill
Sponsors: Rep. Miller
Document Path: l:\council\bills\ggs\22862htc05.doc
Introduced in the House on January 11, 2005
Introduced in the Senate on April 28, 2005
Last Amended on May 11, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Signed
Summary: Health care power of attorney
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/22/2004 House Prefiled
12/22/2004 House Referred to Committee on Judiciary
1/11/2005 House Introduced and read first time HJ-136
1/11/2005 House Referred to Committee on Judiciary HJ-137
4/19/2005 House Committee report: Favorable with amendment Judiciary
HJ-62
4/20/2005 Scrivener's error corrected
4/26/2005 House Amended HJ-118
4/26/2005 House Read second time HJ-120
4/27/2005 House Read third time and sent to Senate HJ-25
4/28/2005 Senate Introduced and read first time SJ-6
4/28/2005 Senate Referred to Committee on Judiciary SJ-6
5/4/2005 Senate Committee report: Favorable with amendment Judiciary
SJ-11
5/11/2005 Senate Amended SJ-25
5/12/2005 Scrivener's error corrected
5/26/2005 Senate Read third time and returned to House with amendments
SJ-305
6/1/2005 House Concurred in Senate amendment and enrolled HJ-76
6/2/2005 Ratified R 179
6/7/2005 Signed By Governor
6/13/2005 Copies available
6/13/2005 Effective date 06/07/05
6/30/2005 Act No. 172
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/22/2004
4/19/2005
4/20/2005
4/26/2005
5/4/2005
5/11/2005
5/12/2005
(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.
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