If a client resides in a facility operated by or contracted to by the department, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20 of the Adult Health Care Consent Act. The department shall abide by the decision of a client found competent to consent.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 2, eff May 24, 2019.
Effect of Amendment
2019 Act No. 85, Section 2, in the first sentence, substituted "Section 44-66-20" for "Section 44-66-20(6)".
Structure South Carolina Code of Laws
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 44-26-60. 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 44-26-130. Confidentiality of communications with, and records of clients; disclosure.
Section 44-26-160. Mechanical, physical, or chemical restraint of clients.
Section 44-26-170. Use of certain types of behavior modification.
Section 44-26-210. Penalties for denying client rights accorded under this chapter.