South Carolina Code 44-26-40. Determination of competency to consent to or refuse major medical treatment
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 44-26-40
- Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
- Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-26-10
- Facility: means a residential setting operated, assisted, or contracted out by the department that provides twenty-four hour care and supervision. See South Carolina Code 44-26-10
- Major medical treatment: means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. See South Carolina Code 44-26-10
If a client resides in a facility operated by or contracted to by the department, the determination of that client’s competency to consent to or refuse major medical treatment must be made pursuant to § 44-66-20 of the Adult Health Care Consent Act. The department shall abide by the decision of a client found competent to consent.