(A) Health care may be provided without consent to a patient who is unable to consent if no person authorized by § 44-66-30 to make health care decisions for the patient is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate an authorized person, or by continuing to attempt to locate an authorized person, presents a substantial risk of death, serious permanent disfigurement, or loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient. Health care for the relief of suffering may be provided without consent at any time that an authorized person is unavailable.

(B) Health care decisions on behalf of a patient who is unable to consent may be made by a person named in § 44-66-30 if no person having higher priority under that section is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate a person having higher priority presents a substantial risk of death, serious permanent disfigurement, loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient.

Terms Used In South Carolina Code 44-66-40

  • Health care: means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. See South Carolina Code 44-66-20
  • Health care professional: means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public. See South Carolina Code 44-66-20
  • Patient: means an individual sixteen years of age or older who presents or is presented to a health care provider for treatment. See South Carolina Code 44-66-20
  • Person: includes , but is not limited to, an individual, a state agency, or a representative of a state agency. See South Carolina Code 44-66-20
  • Physician: means an individual who is licensed to practice medicine or osteopathy pursuant to Chapter 47 of Title 40. See South Carolina Code 44-66-20
  • Unable to consent: means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. See South Carolina Code 44-66-20
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