If the client is found incompetent to consent to or refuse major medical treatment, the decisions concerning his health care must be made pursuant to Section 44-66-30 of the Adult Health Care Consent Act. An authorized designee of the department may make a health care decision pursuant to Section 44-66-30(A)(9) of the Adult Health Care Consent Act. The person making the decision must be informed of the need for major medical treatment, alternative treatments, and the nature and implications of the proposed health care and shall consult the attending physician before making decisions. When feasible, the person making the decision shall observe or consult with the client found to be incompetent.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 3, eff May 24, 2019.
Effect of Amendment
2019 Act No. 85, Section 3, in the second sentence, substituted "Section 44-66-30(A)(9)" for "Section 44-66-30(8)".
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.