A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration. If a nurse or other employee of a health care facility informs the physician or health care facility that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures from a declarant, the physician or health care facility shall make a reasonable effort to effectuate the declaration without the participation of the employee.
HISTORY: 1986 Act No. 341, Section 8; 1988 Act No. 586; 1991 Act No. 149, Section 10.
Structure South Carolina Code of Laws
Chapter 77 - Death With Dignity Act
Section 44-77-10. Short title.
Section 44-77-20. Definitions.
Section 44-77-30. When life-sustaining procedures may be withheld.
Section 44-77-40. Validity of declaration.
Section 44-77-50. Form of declaration.
Section 44-77-70. Ineffectiveness of declaration during course of declarant's pregnancy.
Section 44-77-80. Revocation of declaration.
Section 44-77-85. Agent may be appointed to effectuate declaration.
Section 44-77-90. Reliance on declaration; presumption of good faith; immunity from liability.
Section 44-77-110. Execution and consummation of declaration as not constituting suicide.
Section 44-77-130. Chapter not to be construed to authorize or approve mercy killing.