Terms Used In South Carolina Code > Title 44 > Chapter 137 - The Right to Try Act

• Benefit ratio: means :
  
  (a) for the period of January 1, 2011, through December 31, 2013, the number calculated by dividing the sum of all benefits charged to an employer during the forty calendar quarters immediately preceding the calculation date by the sum of the employer's taxable payroll for the same period. See South Carolina Code 41-31-5
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Employment and Workforce. See South Carolina Code 41-31-5
• 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
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Informed consent: means a written document that is signed by an eligible patient; or if the patient is a minor, by a parent or legal guardian; or if the patient is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
  
  (a) an explanation of the currently approved products and treatments for the eligible patient's terminal illness;
  
  (b) an attestation that the eligible patient concurs with the treating physician in believing that all currently approved treatments are unlikely to prolong the eligible patient's life;
  
  (c) clear identification of the specific investigational drug, biological product, or device proposed for treatment of the eligible patient's terminal illness;
  
  (d) a description of the potentially best and worst outcomes resulting from use of the investigational drug, biological product, or device to treat the eligible patient's terminal illness, along with a realistic description of the most likely outcome. See South Carolina Code 44-137-10
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Terminal illness: means a progressive disease or medical or surgical condition that:
  
  (a) entails significant functional impairment;
  
  (b) is not considered by a treating physician to be reversible even with administration of available treatments approved by the United States Food and Drug Administration; and
  
  (c) will result in death without life-sustaining procedures. See South Carolina Code 44-137-10
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.