South Carolina Code of Laws
Chapter 26 - Rights Of Clients With Intellectual Disability
Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.

(A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision.
(B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment.
(C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.
(D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 26 - Rights Of Clients With Intellectual Disability

Section 44-26-10. Definitions.

Section 44-26-20. Right to writ of habeas corpus.

Section 44-26-30. Right to representation by counsel.

Section 44-26-40. Determination of competency to consent to or refuse major medical treatment.

Section 44-26-50. Health care decisions of client found incompetent to consent to or refuse major medical treatment.

Section 44-26-60. Health care decisions of minor clients.

Section 44-26-70. Human rights committees.

Section 44-26-80. Appeal of decisions concerning services or treatment provided.

Section 44-26-90. Rights of client not to be denied.

Section 44-26-100. General rights of clients; limitations on rights.

Section 44-26-110. Right to daily physical exercise.

Section 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

Section 44-26-130. Confidentiality of communications with, and records of clients; disclosure.

Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.

Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

Section 44-26-160. Mechanical, physical, or chemical restraint of clients.

Section 44-26-170. Use of certain types of behavior modification.

Section 44-26-180. Informed consent required for participation in research; promulgation of regulations.

Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

Section 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.

Section 44-26-210. Penalties for denying client rights accorded under this chapter.

Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.