South Carolina Code 44-80-90. No presumption of patient’s intent in absence of POST form; decisions regarding life-sustaining procedures; patient’s wishes
(B) Nothing in this chapter may be interpreted to interfere with the right of an individual to make decisions regarding use of life-sustaining procedures as long as the individual is able to do so, or to impair or supersede any right or responsibility that any legal representative or other authorized person has to order the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.
Terms Used In South Carolina Code 44-80-90
- Advance directive: means a written statement such as a health care power of attorney executed in accordance with § 62-5-504, in which an individual expresses certain wishes relating to life-sustaining treatment, including resuscitative services. See South Carolina Code 44-80-10
- Health care facility: means any nonfederal public or private institution, building, agency, or portion thereof, whether for-profit or not-for-profit, that is used, operated, or designed to provide health services; medical treatment; or nursing, rehabilitative or preventive care to any person or persons. See South Carolina Code 44-80-10
- Health care provider: means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care. See South Carolina Code 44-80-10
- Legal representative: means a person with priority to make health care decisions for a patient pursuant to the Adult Health Care Consent Act. See South Carolina Code 44-80-10
- Patient: means an individual who presents or is presented to a health care provider for treatment. See South Carolina Code 44-80-10
(C) The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient’s wishes for medical treatment in the patient’s current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient’s new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient’s behalf if the patient is unable to communicate to ensure that the patient’s advance directive wishes as to life-sustaining medical treatment are fulfilled.