South Carolina General Assembly
116th Session, 2005-2006
A172, R179, H3224
STATUS INFORMATION
General Bill
Sponsors: Rep. Miller
Document Path: l:\council\bills\ggs\22862htc05.doc
Introduced in the House on January 11, 2005
Introduced in the Senate on April 28, 2005
Last Amended on May 11, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Signed
Summary: Health care power of attorney
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/22/2004HousePrefiled
12/22/2004HouseReferred to Committee on Judiciary
1/11/2005HouseIntroduced and read first time HJ136
1/11/2005HouseReferred to Committee on JudiciaryHJ137
4/19/2005HouseCommittee report: Favorable with amendment JudiciaryHJ62
4/20/2005Scrivener's error corrected
4/26/2005HouseAmended HJ118
4/26/2005HouseRead second time HJ120
4/27/2005HouseRead third time and sent to Senate HJ25
4/28/2005SenateIntroduced and read first time SJ6
4/28/2005SenateReferred to Committee on JudiciarySJ6
5/4/2005SenateCommittee report: Favorable with amendment JudiciarySJ11
5/11/2005SenateAmended SJ25
5/12/2005Scrivener's error corrected
5/26/2005SenateRead third time and returned to House with amendments SJ305
6/1/2005HouseConcurred in Senate amendment and enrolled HJ76
6/2/2005Ratified R 179
6/7/2005Signed By Governor
6/13/2005Copies available
6/13/2005Effective date 06/07/05
6/30/2005Act No.172
VERSIONS OF THIS BILL
12/22/2004
4/19/2005
4/20/2005
4/26/2005
5/4/2005
5/11/2005
5/12/2005
(A172, R179, H3224)
AN ACT TO AMEND SECTION 625504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE AN ALTERNATIVE METHOD OF EXECUTING A HEALTH CARE POWER OF ATTORNEY AND PROVIDE THE REQUIREMENTS AND FORMALITIES FOR THIS ALTERNATIVE METHOD, AND TO PROVIDE OTHER HEALTH CARE ISSUES THAT MAY BE ACTED ON BY THE HEALTH CARE AGENT NAMED IN A HEALTH CARE POWER OF ATTORNEY EXECUTED PURSUANT TO THIS ALTERNATIVE METHOD.
Be it enacted by the General Assembly of the State of South Carolina:
Alternative method allowed
SECTION1.Section 625504 of the 1976 Code, as amended by Act 306 of 1992, is further amended by adding a new subsection (S) to read:
“(S)(1) Notwithstanding the requirements of subsections (C) and (D) of this section, any document or writing containing the following provisions is deemed to comply with the requirements of this section:
(a)the name and address of the person who meets the requirements of subsection (C)(1)(d) and is authorized to make health care related decisions if the principal becomes mentally incompetent;
(b)the types of health care related decisions that the health care agent is authorized to make;
(c)the signature of the principal;
(d)the signature of at least two persons who witnessed the principal’s signature and who meet the requirements of subsection (C)(1)(c); and
(e)the attestation of a notary public.
(2)Additionally, any document that meets the requirements of subsection (S)(1) and also provides expressions of the principal’s intentions or wishes with respect to the following health care issues authorizes the health care agent to act in accordance with these provisions:
(a)organ donations;
(b)lifesustaining treatment;
(c)tube feeding;
(d)other kinds of medical treatment that the principal wishes to have or not to have;
(e)comfort and treatment issues;
(f)provisions for interment or disposal of the body after death; and
(g)any written statements that the principal may wish to have communicated on his behalf.”
Time effective
SECTION2.This act takes effect upon approval by the Governor.
Ratified the 2nd day of June, 2005.
Approved the 7th day of June, 2005.
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