reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 77 - Death With Dignity Act › Section 44-77-30. When life-sustaining procedures may be withheld.

If a person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50, whether executed before or after an amendment is made to the form, and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40, and the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician. A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least ninety consecutive days, or at any time if the declarant has experienced massive destruction or atrophy of the cortex as evidenced by neurodiagnostic studies or gross inspection of the brain, or some other characteristic of the declarant's condition allows a diagnosis of permanent unconsciousness to be made with a high degree of medical certainty.
All patients with life-threatening conditions that are diagnosed as terminal or in a state of permanent unconsciousness must be administered active treatment for at least six hours following the diagnosis before the physician may give effect to a declaration.
HISTORY: 1986 Act No. 341, Section 3; 1988 Act No. 586; 1991 Act No. 149, Section 3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 will cause death within a reasonably short period of time with or without the administration of life-sustaining treatment.
(8) "Child" means a person under the age of eighteen who is neither married nor judicially emancipated and who is medically eligible for hospice care as a result of a terminal condition.
HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 2, eff June 3, 2016; 2022 Act No. 122 (S.508), Sections 1.A, 1.B, eff March 14, 2022.
Effect of Amendment
2022 Act No. 122, Section 1.A, in (7), substituted "will cause death within a reasonably short period of time with or without the administration of life-sustaining treatment" for "could cause death within a reasonably short period of time if life sustaining procedures are not used".
2022 Act No. 122, Section 1.B, added (8), relating to the definition of "child".
2023 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.
2023 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 _________________ that 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 or, if he/she is a child, such a request has been specifically made by a parent or legal guardian with the legal authority to make medical decisions for the child.
REVOCATION PROCEDURE
THIS FORM MAY BE REVOKED BY AN ORAL STATEMENT BY THE PATIENT OR, IF THE PATIENT IS A CHILD, BY A PARENT OR LEGAL GUARDIAN WITH THE LEGAL AUTHORITY TO MAKE MEDICAL DECISIONS FOR THE CHILD TO EMS PERSONNEL OR BY MUTILATING, OBLITERATING, OR DESTROYING THE DOCUMENT IN ANY MANNER.
Date:_______________________________
___________________________________
Patient's signature (or surrogate or agent)
___________________________________
Parent or Legal Guardian
___________________________________
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 or, if the patient is a child, the parent or legal guardian of the child 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; 2022 Act No. 122 (S.508), Section 3, eff March 14, 2022.
Effect of Amendment
2022 Act No. 122, Section 3, rewrote the section.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 78 - Emergency Services Non-resuscitation Order › Section 44-78-45. Health care provider or EMS personnel must honor order or bracelet; exceptions; transfer care of patient.

(A) A health care provider and an EMS personnel shall follow the request of the patient or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child and must not provide resuscitative measures when the patient has a "do not resuscitate order for emergency medical services" or is wearing a "do not resuscitate bracelet", except where the:
(1) order is revoked pursuant to Section 44-78-60; or
(2) bracelet, when applicable, appears to have been tampered with or removed.
(B) A health care provider or EMS personnel who cannot honor the order or bracelet immediately must transfer care of the patient to an EMS personnel or health care provider who will honor the order or bracelet.
HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 8, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 4, eff March 14, 2022.
Effect of Amendment
2022 Act No. 122, Section 4, in (A), inserted "or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child" following "request of the patient".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 78 - Emergency Services Non-resuscitation Order › Section 44-78-50. Chapter not condonation of mercy killing; children ineligible for "do not resuscitate orders"; compliance with article not suicide.

(A) Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative action or deliberate act to end life other than to allow the natural process of dying.
(B) No child may request a "do not resuscitate order for emergency medical services" as provided for in this article.
(C) The withholding of resuscitative measures pursuant to this article does not constitute suicide for any purpose.
HISTORY: 1994 Act No. 485, Section 2; 2022 Act No. 122 (S.508), Section 5, eff March 14, 2022.
Effect of Amendment
2022 Act No. 122, Section 5, in (B), substituted "No child may request" for "No person under the age of eighteen years may request or receive".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 78 - Emergency Services Non-resuscitation Order › Section 44-78-60. Means of revocation of "do not resuscitate order for emergency services".

A patient or, if the patient is a child, a parent or legal guardian with the legal authority to make medical decisions for the child, may revoke a "do not resuscitate order for emergency services" by:
(1) mutilating, obliterating, or destroying the "do not resuscitate order for emergency medical services" document in any manner;
(2) orally expressing to an emergency medical technician, first responder, or to a person who serves as a member of an emergency health care facility's personnel, the desire to be resuscitated, after which the emergency medical technician, first responder, or the member of the emergency health care facility shall disregard the "do not resuscitate order for emergency medical services" document and, if applicable, promptly remove the bracelet;
(3) defacing, burning, cutting, or otherwise destroying the bracelet, if applicable; or
(4) removing the bracelet or asking another person to remove the bracelet.
HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 9, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 6, eff March 14, 2022.
Effect of Amendment
2022 Act No. 122, Section 6, in the first undesignated paragraph, inserted "or, if the patient is a child, a parent or legal guardian with the legal authority to make medical decisions for the child," following "A patient".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 78 - Emergency Services Non-resuscitation Order › Section 44-78-65. Regulations to provide direction to emergency personnel in identifying patients having "do not resuscitate orders".

The South Carolina Department of Health and Environmental Control shall promulgate regulations necessary to provide direction to emergency personnel in identifying patients who have a "do not resuscitate order for emergency services".
HISTORY: 1994 Act No. 485, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 79 - Physical Fitness Services Act › Section 44-79-20. Definitions.

As used in this chapter:
(1) "Physical fitness services" means facilities or services for the development of physical fitness through exercise or weight control. The term includes the facilities and services of health or exercise centers, clubs, studios, or classes; health spas; weight control centers, clinics, or studios; figure salons; tanning centers; and athletic or sport clubs. It does not include rehabilitative therapy administered by a licensed physical therapist.
(2) "Customer" or "member" means a person who contracts for the use of physical fitness services.
(3) "Major facility" means swimming pool, whirlpool, tennis courts, racquet or handball courts, indoor or outdoor track, gymnasium with exercise equipment, calisthenic room, or similar collection of physical fitness equipment.
(4) "Major service" means locations which have offices, treatment rooms, or counseling rooms but no major facilities and other treatments, visits, or sessions to reduce and control weight.
(5) "Center" means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets bearing the same name or a single outlet. Any subsidiary of a center, operating under the same name and offering such services, is a part of the center.
(6) "Outlet" means a separate location of a center which is not physically connected with another center but which uses the same name.
(7) "Administrator" means the administrator of the South Carolina Department of Consumer Affairs.
HISTORY: 1985 Act No. 165, Section 1; 1989 Act No. 69, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 79 - Physical Fitness Services Act › Section 44-79-40. Prohibited contractual provisions.

No contract for physical fitness services may:
(1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;
(2) waive the required provisions of this chapter;
(3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.
HISTORY: 1985 Act No. 165, Section 1; 1986 Act No. 467, Section 2; 2008 Act No. 298, Section 1, eff upon approval (became law without the Governor's signature on June 12, 2008).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 79 - Physical Fitness Services Act › Section 44-79-60. Permissible contractual provisions.

A contract for physical fitness services may contain clauses which:
(1) provide for extension of the term of the agreement for a period equal to a period of temporary disability or pregnancy of the customer, or for any other just or reasonable cause;
(2) specify that the written contract constitutes the entire agreement between the parties;
(3) provide for a renewal option, for a duration longer than one month but not more than twelve months, which to be enforceable must be exercised by the buyer in writing, or by payment by the buyer of part or all of the renewal price. A renewal option for a duration longer than one month may be exercised only near the expiration of any previous contract and for not more than twelve months;
(4) provide for an automatic renewal option, for a duration of no longer than one month, which to be enforceable must be disclosed in bold type of at least fourteen-point font on the front page of the contract and must be initialed by the customer. The customer will be given the ability to opt-in to the automatic renewal provision at the time the initial contract is executed by initialing an opt-in provision. Near the expiration of the initial contract, the facility shall notify the customer in writing at the customer's last known address of the automatic renewal option which the customer selected at the time the initial contract was executed. Price may not increase or decrease in an automatically renewed contract without written notice to the customer of at least thirty but not more than sixty days prior to the effective date of the change in price;
(5) specify that cancellation of a contract voids automatic renewal provisions.
HISTORY: 1985 Act No. 165, Section 1; 2008 Act No. 298, Section 2, eff upon approval (became law without the Governor's signature on June 12, 2008).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 79 - Physical Fitness Services Act › Section 44-79-100. Advertising disclosure requirements; providing of other information upon request.

(1) No center shall advertise physical fitness services which are not operating or available without clearly and conspicuously disclosing in the advertisement that such are not presently operating or available.
(2) No center shall advertise physical fitness services which are not operating or available in each and every outlet unless the advertisement clearly and conspicuously discloses the facilities or services which are not operating or available at each outlet.
(3) Substantiation for physical fitness services advertising claims, and information necessary to determine the amount of the bonds required by this chapter, must be provided upon request of a circuit solicitor, the Attorney General, or the Department of Consumer Affairs.
HISTORY: 1985 Act No. 165, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 79 - Physical Fitness Services Act › Section 44-79-120. Violations and penalties.

Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for no more than three years, or both.
A violation of any provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act.
HISTORY: 1985 Act No. 165, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-20. Department's responsibilities relating to POST form.

The department shall:
(1) oversee the POST form and its future iterations;
(2) display a printable sample of the POST form currently being used by the department on the department's or a designee's publicly accessible website, along with any related information the department chooses to post; however, if posted on a designee's website, the department shall post a link on its website to the form and any related information;
(3) develop a statewide, uniform process for identifying a patient who has executed any advance directive, a POST form, or a combination of advance directives and a POST form;
(4) develop a process for collecting feedback to facilitate the periodic redesign of the POST form in accordance with current health care best practices;
(5) develop POST-related education efforts for health care professionals and the public; and
(6) promulgate regulations necessary to perform the duties assigned and ensure compliance with the provisions of this chapter.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-30. POST form must be uniform document; information included.

(A) The POST form must be a uniform document based on the standards recommended by the National Physician Orders for Life-Sustaining Treatment (POLST) paradigm and must include the information set forth in subsection (C).
(B) A copy, facsimile, or electronic version of a completed POST form is considered to be legal.
(C) The POST form must include the following information:
(1) patient name and contact information;
(2) date of birth;
(3) effective date of form;
(4) diagnosis;
(5) treatment plan;
(6) health care representative or health care agent contact information;
(7) CPR preference;
(8) medical intervention preferences;
(9) preferences for antibiotics; and
(10) assisted nutrition and hydration preferences.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-40. POST form deemed valid expression of patient's wishes; compliance.

(A) A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act.
(B) A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility.
(C) A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-50. Revocation.

(A) A POST form may be revoked at any time by an oral or written statement by the patient or a patient's legal representative.
(B) A revocation is only effective upon communication to the health care provider or health care facility by the patient or the patient's legal representative.
(C) The execution of a POST form by a patient, or the patient's legal representative, pursuant to this chapter automatically revokes any previously executed POST form.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-60. Immunity from civil and criminal liability.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-70. Construction of chapter.

This chapter may not be construed to condone, authorize, or approve suicide, physician-assisted suicide, or euthanasia, or to permit any affirmative or deliberate act or omission of an act to end life other than to permit the natural process of dying. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to an executed POST form and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or vulnerable adult abuse or neglect.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-80. Execution of POST form; affect on life insurance policy.

(A) The executing of a POST form does not in any manner affect the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures pursuant to this chapter notwithstanding any term of the policy to the contrary.
(B) Execution of a POST form is voluntary. A health care provider, health care facility, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital plan may not require any person to execute a POST form as a condition of being insured for, or receiving, health care services.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-90. No presumption of patient's intent in absence of POST form; decisions regarding life-sustaining procedures; patient's wishes.

(A) The absence of a POST form does not give rise to a presumption concerning the intent of a patient with respect to the consent to or refusal of life-sustaining procedures. A health care provider or health care facility must be guided by the patient's stated wishes, or if unable to consent or otherwise communicate, the wishes as stated by the patient's surrogate decision maker as provided in Section 44-66-30 of the Adult Health Care Consent Act, as well as the established standards of care.
(B) Nothing in this chapter may be interpreted to interfere with the right of an individual to make decisions regarding use of life-sustaining procedures as long as the individual is able to do so, or to impair or supersede any right or responsibility that any legal representative or other authorized person has to order the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.
(C) The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient's wishes for medical treatment in the patient's current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient's new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient's behalf if the patient is unable to communicate to ensure that the patient's advance directive wishes as to life-sustaining medical treatment are fulfilled.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-100. POST form effective until revoked or new form executed; annual review and update.

A POST form executed pursuant to this chapter remains effective until revoked or until a new POST form is executed pursuant to this chapter. Any physician who is responsible for the creation and execution of a POST form shall make reasonable efforts to periodically review and update the POST form with the patient as the patient's needs dictate but at least once per year.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-110. APRN may create, execute, and sign POST form under certain circumstances.

An advanced practice registered nurse (APRN) may create, execute, and sign a POST form if authorized to do so by his or her practice agreement. The POST form must be for a patient of the APRN, the physician with whom the APRN has entered into a practice agreement, or both.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 80 - Physician Orders For Scope Of Treatment › Section 44-80-120. PA may create, execute, and sign POST form under certain circumstances.

A physician assistant (PA) may create, execute, and sign a POST form if authorized to do so by his or her scope of practice guidelines. The POST form must be for a patient of that PA, the PA's supervising physician, or both.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 81 - Bill Of Rights For Residents Of Long-term Care Facilities › Section 44-81-20. Legislative findings.

The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert their rights fully as individual citizens. The General Assembly recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and personal freedom. The General Assembly further finds that it is necessary to preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident's need for self-determination.
HISTORY: 1985 Act No. 118, Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 81 - Bill Of Rights For Residents Of Long-term Care Facilities › Section 44-81-30. Definitions.

As used in this chapter:
(1) "Long-term care facility" means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department).
(2) "Resident" means a person who is receiving treatment or care in a long-term care facility.
(3) "Representative" means a resident's legal guardian, committee, or next of kin or other person acting as agent of a resident who does not have a legally appointed guardian.
HISTORY: 1985 Act No. 118, Section 3.