(A) Unless the patient, while able to consent, has stated a contrary intent to the attending physician or other health care professional responsible for the care of the patient, this chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the religious beliefs of the patient.

(B) This chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the patient’s unambiguous and uncontradicted instructions expressed at a time when the patient was able to consent.

Terms Used In South Carolina Code 44-66-60

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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

(C) This section does not limit the evidence on which a court may base a determination of a patient’s intent in a judicial proceeding.

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