South Carolina § 44-78-20 - Terminal patient may request health care provider execute "do not resuscitate order for emergency services"; conditions; "do not resuscitate bracelet"; parents or legal guardians.

§ 44-78-20. Terminal patient may request health care provider execute "do not resuscitate order for emergency services"; conditions; "do not resuscitate bracelet"; parents or legal guardians.

(A) Except as prohibited in subsections (C) and (D), a patient who has a terminal condition, a surrogate for a patient with a terminal condition under the Adult Health Care Consent Act, an agent of a patient with a terminal condition named by the patient in a Health Care Power of Attorney, or a parent or legal guardian with the legal authority to make medical decisions for a child with a terminal condition may request a health care provider responsible for the care of the patient to execute a "do not resuscitate order for emergency services" if:

(1) the patient has a terminal condition; and

(2) the 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, the patient's surrogate or agent, or a parent or legal guardian with the legal authority to make medical decisions for the child, 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, the patient's surrogate or agent, or a parent or legal guardian with the legal authority to make medical decisions for the child with an order form, from a commercial vendor approved by the department pursuant to Section 44-78-30(B), to allow a "do not resuscitate bracelet" to be ordered from the commercial vendor.

(C) Neither parent nor legal guardian with the legal authority to make medical decisions for a child shall request a "do not resuscitate for emergency services order" for the child unless a reasonable attempt has been made to inform, either orally or in writing, the second parent or legal guardian of the child with the legal authority to make medical decisions for the child of the intention of the first parent or legal guardian to request a "do not resuscitate order", if the second parent or legal guardian is reasonably available. Accordingly, the following shall be entered in the child's medical

(1) the date, time, and mode of communication of the provision of such information, as well as the name of the sender;

(2) if the second parent or legal guardian of the child does not respond to the provision of such information within forty-eight hours; and

(3) the nature of the lack of availability of the second parent or legal guardian if an attempt to provide such information is not made.

(D) A "do not resuscitate order for emergency services order" shall not be requested by either parent or legal guardian with the legal authority to make medical decisions for a child nor executed by a health care provider responsible for the care of the child if either parent or legal guardian with the legal authority to make medical decisions for the child explicitly refuses consent, either orally or in writing, for requesting a "do not resuscitate order" for the child, except in accordance with a court order pursuant to subsection (E). Such refusal of consent shall be entered in the child's medical record.

(E) If the parents or legal guardians of a child with the legal authority to make medical decisions for the child are unable to agree to request a "do not resuscitate order for emergency services" of a health care provider responsible for the care of the child, either parent or legal guardian may institute a proceeding under subsection (F) to resolve the conflict. Pending the final determination of such proceedings, including any appeals, a "do not resuscitate order for emergency services" shall not be requested by either parent or legal guardian nor executed by the health care provider.

(F) A parent or legal guardian with legal authority to make medical decisions for the child may petition the family court or circuit court of the county in which the child resides or in which the child is receiving treatment for an order to a health care provider responsible for the care of the child to execute a "do not resuscitate order for emergency services" for the child, or an order to enjoin a violation of or threat to violate subsection (D). Upon receiving such a petition, the family court or circuit court shall issue an order fixing the date, time, and place of a hearing on the petition and order that notice of the hearing shall be given to such persons as the court shall direct. A preliminary hearing may be held without notice if the court determines that doing so is necessary to prevent imminent danger to the child's life. In the court's discretion, a hearing may be conducted in a courtroom, a treatment facility, or at some other suitable place.

HISTORY: 1994 Act No. 485, SECTION 2; 2016 Act No. 233 (H.4773), SECTION 3, eff June 3, 2016; 2022 Act No. 122 (S.508), SECTION 2, eff March 14, 2022.

Effect of Amendment

2022 Act No. 122, SECTION 2, rewrote the section, allowing a parent or legal guardian of a medically eligible child to request and revoke a "do not resuscitate order for emergency services" for the child, with exceptions.