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A303, R380, H4312
STATUS INFORMATION
General Bill
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\agm\18933mm08.doc
Introduced in the House on January 8, 2008
Introduced in the Senate on April 30, 2008
Last Amended on May 22, 2008
Passed by the General Assembly on June 3, 2008
Governor's Action: June 11, 2008, Signed
Summary: Guardianship, conservatorship or other protective order
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/5/2007 House Prefiled
12/5/2007 House Referred to Committee on Judiciary
1/8/2008 House Introduced and read first time HJ-28
1/8/2008 House Referred to Committee on Judiciary HJ-28
4/24/2008 House Committee report: Favorable Judiciary HJ-6
4/29/2008 House Read second time HJ-35
4/30/2008 House Read third time and sent to Senate HJ-19
4/30/2008 Senate Introduced and read first time SJ-9
4/30/2008 Senate Referred to Committee on Judiciary SJ-9
5/6/2008 Senate Referred to Subcommittee: Gregory (ch), Elliott,
Anderson, Ritchie, Cleary, Ceips
5/21/2008 Senate Committee report: Favorable with amendment Judiciary SJ-7
5/22/2008 Senate Committee Amendment Adopted SJ-34
5/22/2008 Senate Amended SJ-34
5/22/2008 Senate Read second time SJ-34
5/23/2008 Scrivener's error corrected
5/28/2008 Senate Read third time and returned to House with amendments
SJ-29
6/3/2008 House Concurred in Senate amendment and enrolled HJ-17
6/5/2008 Ratified R 380
6/11/2008 Signed By Governor
6/19/2008 Copies available
6/19/2008 Effective date 06/11/08
6/19/2008 Act No. 303
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/5/2007
4/24/2008
5/21/2008
5/22/2008
5/23/2008
(A303, R380, H4312)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE; AND TO AMEND SECTION 62-5-504, AS AMENDED, RELATING TO THE HEALTH CARE POWER OF ATTORNEY, SO AS TO PROVIDE FOR VISITATION RIGHTS OF THE HEALTH CARE AGENT AND TO MAKE NONSUBSTANTIVE FORMAT CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
Termination of protective order
SECTION 1. Article 5, Chapter 5, Title 62 of the 1976 Code is amended by adding:
"Section 62-5-106. (A) For purposes of this section, 'incapacitated person' has the meaning set forth in Sections 62-5-101(1) and 62-5-401(2) and does not include a person protected only by reason of his minority.
(B) Notwithstanding another provision of law, neither a guardianship of an incapacitated person established pursuant to Part 3 of this article or a conservatorship or other protective order for an incapacitated person established pursuant to Part 4 of this article terminates only because the ward or protected person attains the age of majority or other benchmark age."
Health care agent's rights
SECTION 2. Section 62-5-504(E) of the 1976 Code, as last amended by Act 365 of 2006, is further amended to read:
"(E) A health care agent has, in addition to the powers set forth in the health care power of attorney, the following specific powers:
(1) to have access to the principal's medical records and information to the same extent that the principal would have access, including the right to disclose the contents to others;
(2) to contract on the principal's behalf for placement in a health care or nursing care facility or for health care related services, without the agent incurring personal financial liability for the contract;
(3) to hire and fire medical, social service, and other support personnel responsible for the principal's care;
(4) to have the same health care facility or nursing care facility visitation rights and privileges of the principal as are permitted to immediate family members or spouses."
Desires regarding tube feeding
SECTION 3. Section 62-5-504(D)8.8 of the 1976 Code, as last amended by Act 365 of 2006, is further amended to read:
"8. STATEMENT OF DESIRES REGARDING TUBE FEEDING
With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life-sustaining treatment is being withheld or withdrawn pursuant to Paragraph 7, (INITIAL ONLY ONE OF THE FOLLOWING 3 PARAGRAPHS):
(1) ___ GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision.
OR
(2) ___ DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding.
OR
(3) ___ DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn.
IF YOU DO NOT INITIAL ANY OF THE STATEMENTS IN PARAGRAPH 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
This web page was last updated on Monday, October 10, 2011 at 1:37 P.M.