Reference is to Printer's Date 3/9/16-H.
Amend the bill, as and if amended, by striking Section 44-66-30(A), as contained in SECTION 1, in its entirety and inserting:
/ (A) Where a patient is
unable to consent, decisions concerning his health care may be
made by the following persons in the following order of
priority:
(1)
a guardian appointed by the court pursuant to Article 5,
Part 3 of the South Carolina Probate Code, if the decision is
within the scope of the guardianship;
(2)
an attorney-in-fact appointed by the patient in a durable
power of attorney executed pursuant to Section 62-5-501, if the
decision is within the scope of his authority;
(3)
a person given priority to make health care decisions for
the patient by another statutory provision;
(4)
a spouse of the patient unless the spouse and the patient
are separated pursuant to one of the following:
(a)
entry of a pendente lite order in a divorce or separate
maintenance action;
(b)
formal signing of a written property or marital settlement
agreement; or
(c)
entry of a permanent order of separate maintenance and
support or of a permanent order approving a property or marital
settlement agreement between the parties;
(5)
a parent or an adult child of the
patient, or if the patient has more than one adult child, a
majority of the adult children who are reasonably available for
consultation;
(6)
a parent of the patient;
(6)(7) an
adult sibling, grandparent, or adult grandchild
of the patient, or if the patient has more than one adult
sibling, a majority of the adult siblings who are reasonably
available for consultation;
(8)
a grandparent of the patient, or if the patient
has more than one grandparent, a majority of the grandparents
who are reasonably available for consultation;
(7)(9) any
other adult relative by blood or marriage who reasonably
is believed by the health care professional to have a close
personal relationship with the patient, or if the patient has
more than one other adult relative, a majority of those other
adult relatives who are reasonably available for
consultation;
(8)
a person given authority to make
health care decisions for the patient by another statutory
provision.
(10)
a close friend of the patient who is an adult
and reasonably is believed by the health care professional to
have a close personal relationship with the patient.
/
Amend the bill, further, as and if amended by striking Section 44-66-30(B) in its entirety and inserting:
/ (B)
Documentation of efforts to locate a decision maker who
is a person identified in subsections (A) must be recorded in
the patient's medical record. /
Amend the bill further, as and if amended, by striking Section 44-66-30(E) in its entirety and inserting:
/ (D)(E)
An attending physician or other health care
professional responsible for the care of a patient who is unable
to consent may not give priority or authority
under pursuant to subsections (A)(5)
through (8) (A)(10) to a person if the
attending physician or health care professional has actual
knowledge that, before becoming unable to consent, the patient
did not want that person involved in decisions concerning his
care. /
Renumber sections to conform.
Amend title to conform.