South Carolina Code 44-26-50. Health care decisions of client found incompetent to consent to or refuse major medical treatment
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In South Carolina Code 44-26-50
- 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
- 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 the client is found incompetent to consent to or refuse major medical treatment, the decisions concerning his health care must be made pursuant to § 44-66-30 of the Adult Health Care Consent Act. An authorized designee of the department may make a health care decision pursuant to § 44-66-30(A)(9) of the Adult Health Care Consent Act. The person making the decision must be informed of the need for major medical treatment, alternative treatments, and the nature and implications of the proposed health care and shall consult the attending physician before making decisions. When feasible, the person making the decision shall observe or consult with the client found to be incompetent.