§ 44-26-40 — Determination of competency to consent to or refuse major medical treatment.

If a client resides in a facility operated by or contracted to by the Office of Intellectual and Developmental Disabilities, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20 of the Adult Health Care Consent Act. The office shall abide by the decision of a client found competent to consent.

Legislative History

HISTORY: 1992 Act No. 366, SECTION 1; 2011 Act No. 47, SECTION 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), SECTION 2, eff May 24, 2019. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2019 Act No. 85, SECTION 2, in the first sentence, substituted "Section 44-66-20" for "Section 44-66-20(6)".