reglab/housing_qa huggingface dataset:
SC Code § 44-77-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-40. Validity of declaration.

 A declaration is valid:  (1) which expresses substantially in the form set forth in Section 44-77-50 a desire of the declarant that no life-sustaining procedures be used to prolong dying if his condition is terminal or if he is permanently unconscious and states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life-sustaining procedures;  (2) which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses, one of whom may be the officer authorized to administer oaths, who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, not directly financially responsible for the person's medical care, not entitled to a portion of the estate of the declarant upon his decease under a will of the declarant then existing or as an heir by intestate succession, and not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or a person who has a claim against a portion of the estate of the declarant upon his decease at the time of the execution of the declaration;  (3) which, if the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section. The intent of this item is to recognize that some residents in nursing care facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a declaration; and  (4) which accompanying affidavit has been subscribed by the two witnesses and sworn to by at least one of the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs. A witness to a declaration who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness of the declaration in the manner provided by Section 44-77-50.  HISTORY: 1986 Act No. 341, Section 4; 1988 Act No. 586; 1991 Act No. 149, Section 4.
SC Code § 44-77-65 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-65. Supplementation of declaration under prior or foreign law with artificial nutrition and hydration instructions.

 A declarant whose declaration is executed in accordance with earlier versions of this chapter or in accordance with the law of another state may supplement that declaration by executing a document containing the provisions for "Instructions Concerning Artificial Nutrition and Hydration" as provided for in Section 44-77-50 which must be signed by the declarant and witnessed in accordance with this chapter.  HISTORY: 1991 Act No. 149, Section 9.
SC Code § 44-77-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-70. Ineffectiveness of declaration during course of declarant's pregnancy.

 If a declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the declarant's pregnancy.  HISTORY: 1986 Act No. 341, Section 5B; 1988 Act No. 586.
SC Code § 44-77-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-80. Revocation of declaration.

 The Declaration may be revoked:  (1) by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant's intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant's medical record the time and date when the physician received notification of the revocation;  (2) by a written revocation signed and dated by the declarant expressing his intent to revoke. The revocation becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant's medical record the time and date when the physician received notification of the written revocation;  (3) by an oral expression by the declarant of his intent to revoke the Declaration. The revocation becomes effective only upon communication to the attending physician by the declarant. However, an oral revocation made by the declarant becomes effective upon communication to the attending physician by a person other than the declarant if:  (a) the person was present when the oral revocation was made;  (b) the revocation was communicated to the physician within a reasonable time;  (c) the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. To be effective as a revocation, the oral expression clearly must indicate the declarant's desire that the declaration not be given effect or that life-sustaining procedures be administered;  (4) by a written, signed, and dated revocation or by an oral revocation by the declarant's designee, the designee's name and address being supplied in the declaration, expressing the designee's intent to permanently or temporarily revoke the declaration. The revocation becomes effective only upon communication to the attending physician by the designee. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. A designee may revoke only if the declarant is incompetent to do so.  (5) by the declarant's execution of a subsequent declaration.  HISTORY: 1986 Act No. 341, Section 6; 1988 Act No. 586; 1991 Act No. 149, Section 6.
SC Code § 44-77-85 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-85. Agent may be appointed to effectuate declaration.

 The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration. If the agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. Nothing in this section alters the self-executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation. This section does not apply to a declaration that has been revoked as provided in Section 44-77-80.  HISTORY: 1991 Act No. 149, Section 1.
SC Code § 44-77-90 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-90. Reliance on declaration; presumption of good faith; immunity from liability.

 After certification of a terminal condition or a state of permanent unconsciousness, any person who relies on a declaration which on its face appears to have been executed in accordance with the provisions of this chapter, of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life-sustaining procedures from the terminally ill or permanently unconscious patient who executed the declaration, is presumed to be acting in good faith. A physician who in good faith certifies that a patient's condition is terminal or that the patient is permanently unconscious is not subject to liability merely on account of certification. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life-sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases in which a physician deviates from standards of reasonable medical care in connection with the decision to withhold or withdraw.  HISTORY: 1986 Act No. 341, Section 7; 1988 Act No. 586; 1991 Act No. 149, Section 7.
SC Code § 44-77-100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-100. Substitution of willing physician or health care worker for one unwilling to effectuate declaration.

 A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration. If a nurse or other employee of a health care facility informs the physician or health care facility that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures from a declarant, the physician or health care facility shall make a reasonable effort to effectuate the declaration without the participation of the employee.  HISTORY: 1986 Act No. 341, Section 8; 1988 Act No. 586; 1991 Act No. 149, Section 10.
SC Code § 44-77-110 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-110. Execution and consummation of declaration as not constituting suicide.

 The execution and consummation of declarations made in accordance with Sections 44-77-40 and 44-77-50 do not constitute suicide for any purpose.  HISTORY: 1986 Act No. 341, Section 9; 1988 Act No. 586.
SC Code § 44-77-120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-120. Declaration as a condition for insurance, receipt of medical treatment, or admission to hospital or nursing home.

 No person may be required to sign a declaration in accordance with Sections 44-77-40 and 44-77-50 as a condition for becoming insured under any insurance contract or for receiving any medical treatment or as a condition of being admitted to a hospital or nursing home facility.  HISTORY: 1986 Act No. 341, Section 10; 1988 Act No. 586.
SC Code § 44-77-130 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-130. Chapter not to be construed to authorize or approve mercy killing.

 Nothing in this chapter may be construed to authorize or approve mercy killing, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.  HISTORY: 1986 Act No. 341, Section 11; 1988 Act No. 586.
SC Code § 44-77-140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-140. No presumption as to intent to arise from absence of declaration; other legal rights not impaired.

 The absence of a declaration by an adult patient does not give rise to a presumption as to his intent to consent to or refuse life-sustaining procedures. This chapter applies only to persons who have executed a declaration in accordance with this chapter. Nothing in this chapter impairs any other legal right or legal responsibility which a person may have to effect the withholding or withdrawal or the provision of life-sustaining procedures in any lawful manner.  HISTORY: 1986 Act No. 341, Section 12; 1988 Act No. 586; 1991 Act No. 149, Section 11; 1997 Act No. 23, Section 1.
SC Code § 44-77-160 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 77 - Death With Dignity Act|Section 44-77-160. Penalties.

 (A) If any person coerces or fraudulently induces another person to execute a declaration under this chapter, falsifies or forges a declaration, or wilfully conceals, cancels, obliterates, or destroys a revocation of a declaration, and the declarant dies as a result of the withdrawal of treatment or nontreatment in reliance on the declaration, that person is subject to prosecution in accordance with the criminal laws of this State.  (B) Nothing in this chapter prohibits any person from informing another person of the existence of this chapter, delivering to another person a copy of this chapter or a form of declaration, or counseling another person in good faith concerning the execution of a declaration.  (C) If any person wilfully conceals, cancels, defaces, obliterates, or damages the declaration of another without the declarant's consent or falsifies or forges a revocation of the declaration of another, that person breaches a duty owed to the declarant and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act.  HISTORY: 1986 Act No. 341, Section 14; 1988 Act No. 586.
SC Code § 44-78-10 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-10. Short title.

 This chapter may be cited as the Emergency Medical Services Do Not Resuscitate Order Act.  HISTORY: 1994 Act No. 485, Section 2.
SC Code § 44-78-15 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-15. Definitions.

 As used in this chapter:  (1) "Do not resuscitate bracelet" or "bracelet" means a standardized identification bracelet that:  (a) meets the specifications established under Section 44-78-30(B) or that is approved by the department under Section 44-78-30(B);  (b) bears the inscription "Do Not Resuscitate"; and  (c) signifies that the wearer is a patient who has obtained a do not resuscitate order which has not been revoked.  (2) "Do not resuscitate order for emergency services" means a document made pursuant to this article to prevent EMS personnel from employing resuscitative measures or any other medical process that would only extend the patient's suffering with no viable medical reason to perform the procedure.  (3) "EMS personnel" means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control including first responders who have completed a Department of Health and Environmental Control approved medical first responder program.  (4) "Health care provider" means a person licensed to practice medicine or osteopathy pursuant to Chapter 47, Title 40.  (5) "Palliative treatment" means the degree of treatment which must be provided to a patient in the routine delivery of emergency medical services, which assures the comfort and alleviation of pain and suffering to all extents possible, regardless of whether the patient has executed a document as provided for in this chapter.  (6) "Resuscitative treatment" means artificial stimulation of the cardiopulmonary systems of the human body, through either electrical, mechanical, or manual means including, but not limited to, cardiopulmonary resuscitation.  (7) "Terminal condition" means an incurable or irreversible condition that within reasonable medical judgment could cause death within a reasonably short period of time if life sustaining procedures are not used.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 2, eff June 3, 2016.
SC Code § 44-78-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-20. Terminal patient may request health care provider to execute "do not resuscitate order for emergency services"; conditions; do not resuscitate bracelet.

 (A) A patient who has a terminal condition, a surrogate for a patient with a terminal condition under the Adult Health Care Consent Act, or an agent of a person with a terminal condition named by the patient in a Health Care Power of Attorney may request a health care provider responsible for the care of the patient to execute a "do not resuscitate order for emergency services" if the:  (1) patient has a terminal condition; and  (2) terminal condition has been diagnosed by a health care provider and the health care provider's record establishes the time, date, and medical condition which gives rise to the diagnosis of a terminal condition.  (B) At the request of the patient for whom a do not resuscitate order is written or his surrogate or agent, the health care provider who executes the do not resuscitate order shall make the order in writing on a form conforming to the requirements of Section 44-78-30(A), and either shall:  (1) affix to the wrist of the patient a do not resuscitate bracelet that meets the specifications established under Section 44-78-30(B); or  (2) provide the patient or his surrogate or agent with an order form, from a commercial vendor approved by the department pursuant to Section 44-78-30(B), to allow the patient to order a do not resuscitate bracelet from the commercial vendor.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 3, eff June 3, 2016.
SC Code § 44-78-25 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-25. Duties of EMS personnel when presented with "do not resuscitate order".

 When called to render emergency medical services, EMS personnel must not use any resuscitative treatment if the patient has a "do not resuscitate order for emergency services" and the document is presented to the EMS personnel upon their arrival or if the patient is wearing a do not resuscitate bracelet. EMS personnel must provide that degree of palliative care called for under the circumstances which exist at the time treatment is rendered.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 4, eff June 3, 2016.
SC Code § 44-78-30 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-30. Required form for "do not resuscitate order"; revocation procedure; do not resuscitate bracelet.

 (A) A document purporting to be a "do not resuscitate order" for EMS purposes must be in substantially the following form:  NOTICE TO EMS PERSONNEL  This notice is to inform all emergency medical personnel who may be called to render assistance to _________________ he/she has a terminal condition which has been diagnosed by me and has specifically requested that no resuscitative efforts including artificial stimulation of the cardiopulmonary system by electrical, mechanical, or manual means be made in the event of cardiopulmonary arrest.  REVOCATION PROCEDURE  THIS FORM MAY BE REVOKED BY AN ORAL STATEMENT BY THE PATIENT TO EMS PERSONNEL OR BY MUTILATING, OBLITERATING, OR DESTROYING THE DOCUMENT IN ANY MANNER.  Date:_______________________________  ___________________________________  Patient's signature (or surrogate or agent)  ___________________________________  Physician's signature  ___________________________________  Physician's address  ___________________________________  Physician's telephone number  (B) The department may approve a do not resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "South Carolina Do Not Resuscitate EMS" and the patient's first name and last name on the back. The department may not approve a do not resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a health care provider's order for the bracelet before distributing it to a patient.  (C) The cost of obtaining a bracelet must be borne by the patient and may not be provided by the department at the expense of the department.  (D) The vendor approved by the department shall not fulfill a request for a do not resuscitate bracelet without receiving a health care provider's order for the bracelet with the request.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 5, eff June 3, 2016.
SC Code § 44-78-35 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-35. Liability of health care provider or EMS personnel regarding "do not resuscitate order".

 No health care provider or EMS personnel is liable for damages, may be the subject of disciplinary proceedings, or may be subject to civil or criminal liability due to:  (1) issuing a "do not resuscitate order for emergency medical services" or a "do not resuscitate bracelet";  (2) good faith reliance on a "do not resuscitate order for emergency medical services" or a "do not resuscitate bracelet" resulting in:  (a) the withholding of resuscitative treatment; or  (b) the withholding of resuscitative treatment already in progress once a duly executed "do not resuscitate order for emergency medical services" is identified;  (3) initiating resuscitative treatment on a "do not resuscitate patient" if EMS personnel were unaware of the existence of the order or bracelet or if EMS personnel reasonably and in good faith believed the "do not resuscitate order" had been canceled or revoked or, where applicable, if the do not resuscitate bracelet has been tampered with or removed; or  (4) initiating resuscitative treatment on a "do not resuscitate patient" where in the best medical judgment of EMS personnel, the care was necessary to relieve pain or suffering or to provide comfort care to the patient.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 6, eff June 3, 2016.
SC Code § 44-78-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 78 - Emergency Services Non-resuscitation Order|Section 44-78-40. Full resuscitative measures required in absence of order or bracelet.

 In the absence of a "do not resuscitate order for emergency medical services" or a "do not resuscitate" bracelet, EMS personnel shall give full resuscitative measures as are medically indicated in all cases.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 7, eff June 3, 2016.