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H. 4076
STATUS INFORMATION
General Bill
Sponsors: Rep. Clemmons
Document Path: l:\council\bills\nbd\11723ac05.doc
Introduced in the House on May 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Advance health care directives
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/11/2005 House Introduced and read first time HJ-82 5/11/2005 House Referred to Committee on Judiciary HJ-82
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 44 SO AS TO ESTABLISH AN ON-LINE CENTRAL REGISTRY FOR ADVANCE HEALTH CARE DIRECTIVES IN THE OFFICE OF THE SECRETARY OF STATE, TO ESTABLISH FILING REQUIREMENTS AND FEES, REVOCATION PROCEDURES, AND INTERNET ACCESS REQUIREMENTS AND SAFEGUARDS, AND TO PROVIDE THAT THESE DIRECTIVES ARE NOT REQUIRED TO BE FILED TO BE VALID.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-64-10. The Secretary of State shall establish and maintain a statewide, on-line, central registry for advance health care directives. The registry must be accessible over the Internet through a site maintained by the Secretary of State.
Section 44-64-20. (A) A person may submit any of the following documents and the revocations of these documents to the Secretary of State for filing in the Advance Health Care Directive Registry established pursuant to this chapter:
(1) a health care power of attorney;
(2) a declaration of a desire for a natural death;
(3) a declaration of an anatomical gift.
(B) Any document and any revocation of a document submitted for filing in the registry must be notarized regardless of whether notarization is required for its validity. This subsection does not apply to the document described in subsection (A)(3).
(C) The document may be submitted for filing only by the person who executed the document.
(D) The person who submits the document shall supply a return address.
(E) The document must be accompanied by any fee required by this chapter.
Section 44-64-30. Failure to register a document with the registry maintained by the Secretary of State pursuant to this chapter does not affect the document's validity. Failure to notify the Secretary of State of the revocation of a document filed with the registry does not affect the validity of a revocation that meets the statutory requirements for the revocation to be valid.
Section 44-64-40. (A) When the Secretary of State receives a document that may be filed with the registry pursuant to this chapter, the Secretary of State shall create a digital reproduction of that document and enter the reproduced document into the registry database. The Secretary of State is not required to review a document to ensure that it complies with the particular statutory requirements applicable to the document. Each document entered into the registry database must be assigned a unique file number and password.
(B) Upon entering the reproduced document into the registry database, the Secretary of State shall return the original document and a wallet-size card containing the document's file number and password to the person who submitted the document.
(C) When the Secretary of State receives a revocation of a document that is filed with the registry and that document's file number and password, the Secretary of State shall delete that document from the registry database.
(D) The Secretary of State's entry of a document into the registry database does not do any of the following:
(1) affect the validity of the document in whole or in part;
(2) relate to the accuracy of information contained in the document;
(3) create a presumption regarding the validity of the document, regarding the accuracy of information contained in the document, or that the statutory requirements for the document have been met.
Section 44-64-50. The registry must be accessible only over the Internet. A document filed in the registry must be accessible only if a person attempting to access the document enters both the file number and password of the document. Documents filed in the registry, file numbers, passwords, and any other information maintained by the Secretary of State under this chapter are not subject to disclosure under the Freedom of Information Act, Chapter 4, Title 30.
Section 44-64-60. (A) The Secretary of State shall charge a fee of ten dollars for filing a document, other than a revocation, with the registry. The Secretary of State must not charge a fee for filing a revocation with the registry. The fee must be applied to the cost of maintaining the registry and to promoting public education and awareness of the registry.
(B) The Secretary of State, on behalf of the State, may accept gifts, donations, bequests, and other forms of voluntary contributions, may apply for grants from public and private sources, and may expend funds received under this subsection for the purpose of promoting public education and awareness of the registry.
Section 44-64-70. The State of South Carolina, the Secretary of State, and any agent or person employed by the Secretary of State is not liable for any claims or demands arising out of the administration or operation of the registry authorized by this chapter, except for acts of gross negligence, wilful misconduct, or intentional wrongdoing."
SECTION 2. This act takes effect upon approval by the Governor.
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