South Carolina General Assembly
116th Session, 2005-2006

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Bill 3224

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 19, 2005

H. 3224

Introduced by Rep. Miller

S. Printed 4/19/05--H.    [SEC 4/20/05 6:03 PM]

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3224) to amend Section 62-5-504, as amended, Code of Laws of South Carolina, 1976, relating to health care powers of attorney and related definitions, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/    SECTION    1.    Section 62-5-504 of the 1976 Code, as amended by Act 306 of 1992, is further amended by adding a new subsection (S) to read:

"(S)(1) Notwithstanding the requirements of subsections (C) and (D) of this section, any document or writing containing the following provisions is deemed to comply with the requirements of this section:

(a)    the name and address of the person who meets the requirements of subsection (C)(1)(d) and is authorized to make health-care related decisions if the principal becomes mentally incompetent;

(b)    the types of health-care related decisions that the health care agent is authorized to make;

(c)    the signature of the principal;

(d)    the signature of at least two persons who witnessed the principal's signature and who meet the requirements of subsection (C)(1)(c); and,

(e)    the attestation of a notary public.

(2)    Additionally, any document that meets the requirements of subsection (S)(1) and also provides expressions of the principal's intentions or wishes with respect to the following health care issues authorizes the health care agent to act in accordance with these provisions:

(a)    organ donations;

(b)    life-sustaining treatment;

(c)    tube feeding;

(d)    other kinds of medical treatment that the principal wishes to have or not to have;

(e)    comfort and treatment issues;

(f)    provisions for interment or disposal of the body after death; and,

(g)    any statements that the principal may wish to have communicated on his behalf."

SECTION    2.    This act takes effect upon approval by the Governor.        /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 62-5-504 of the 1976 Code, as amended by Act 306 of 1992, is amended by adding a new subsection (S) to read:

"(S)    Notwithstanding the requirements of subsection (D) of this section, any document dealing substantially with the same issues and having substantially the same requirements as to the qualifications of the health care agent and the required witnesses, including, but not limited to, the 'Five Wishes' format, is deemed to comply with the requirements of this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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