(A) Any individual acting in good faith as a legal representative who executes a POST form on behalf of an incapacitated patient in accordance with this chapter, the Adult Heath Care Consent Act, and regulations promulgated pursuant to those statutes is not subject to criminal prosecution or civil liability for executing the POST form.
(B) A health care provider, health care facility, or other person who has not received actual notice of the revocation of a POST form and complies with the wishes stated in the POST form is not subject to civil or criminal liability or professional disciplinary action for actions taken pursuant to this chapter which are in accordance with reasonable medical standards. This subsection provides an affirmative defense to any civil, criminal, or professional disciplinary action filed or instituted against a health care provider, health care facility, or other person for conduct authorized by this chapter.
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.