South Carolina Code 44-137-30. No liability to heirs for outstanding debt related to treatment with investigational drug, biological product, or device
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 44-137-30
- Eligible patient: means an individual who:
(a) has a terminal illness, attested to by a treating physician;
(b) has, in consultation with a treating physician, considered and exhausted all other treatment options currently approved by the United States Food and Drug Administration;
(c) has received a recommendation from the treating physician for use of an investigational drug, biological product, or device for treatment of the terminal illness;
(d) has given informed consent in writing to use the investigational drug, biological product, or device for treatment of the terminal illness or, if the individual is a minor or is otherwise incapable of providing informed consent, the parent or legal guardian has given informed consent in writing to use the investigational drug, biological product, or device; and
(e) has documentation from the treating physician that the individual meets all of the criteria for this definition, including an attestation from the treating physician that the treating physician was consulted in the creation of the written, informed consent required under this chapter. See South Carolina Code 44-137-10
If an eligible patient dies while being treated with an investigational drug, biological product, or device, the eligible patient’s heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage for the treatment.