(A) A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act.
(B) A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility.
(C) A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
Structure South Carolina Code of Laws
Chapter 80 - Physician Orders For Scope Of Treatment
Section 44-80-10. Definitions.
Section 44-80-20. Department's responsibilities relating to POST form.
Section 44-80-30. POST form must be uniform document; information included.
Section 44-80-40. POST form deemed valid expression of patient's wishes; compliance.
Section 44-80-60. Immunity from civil and criminal liability.
Section 44-80-70. Construction of chapter.
Section 44-80-80. Execution of POST form; affect on life insurance policy.
Section 44-80-100. POST form effective until revoked or new form executed; annual review and update.
Section 44-80-110. APRN may create, execute, and sign POST form under certain circumstances.
Section 44-80-120. PA may create, execute, and sign POST form under certain circumstances.