South Carolina § 44-26-60 Health care decisions of minor clients.

South Carolina Statutes

§ 44-26-60 — Health care decisions of minor clients.

South Carolina·Title 44 HEALTH·Ch. 26 RIGHTS OF CLIENTS WITH INTELLECTUAL DISABILITY

(A)If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority:

(1)legal guardian;

(2)parent;

(3)grandparent or adult sibling;

(4)other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client;

(5)other person who reasonably is believed by the health care professional to have a close personal relationship with the client;

(6)authorized designee of the Office of Intellectual and Developmental Disabilities.

(B)If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or

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(A) If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority: (1) legal guardian; (2) parent; (3) grandparent or adult sibling; (4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client; (5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client; (6) authorized designee of the Office of Intellectual and Developmental Disabilities. (B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian. (C) Priority under this section must not be given to a person if a health care provider, responsible for the care of a client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in Section 44-66-20 of the Adult Health Care Consent Act. (D) In an emergency health care may be provided without consent pursuant to Section 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority.

South Carolina § 44-26-60 (Health care decisions of minor clients.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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 4, 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 4, in (C), substituted "Section 44-66-20" for "Section 44-66-20(6)".