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Death With Dignity Act

South Carolina · Health · §§ 44-77-10 to 44-77-90 · 16 sections

Overview

The act governs written declarations by which a person directs that life-sustaining procedures be withheld or withdrawn, and it establishes the form such a declaration must take, the conditions under which it becomes operative, how it may be revoked, and how an agent may be appointed to carry it out; it also allows declarations made under earlier or out-of-state law to be supplemented with instructions on artificial nutrition and hydration, and it has no effect while the declarant is pregnant. Health care providers who rely on a declaration are presumed to act in good faith and are immune from liability, a physician or health care worker unwilling to honor one must yield to a willing provider, and penalties attach to violations. The act further provides that no one may be required to have a declaration as a condition of insurance, medical treatment, or admission to a hospital or nursing home, that no intent may be inferred from the absence of a declaration and other legal rights remain unimpaired, and that acting on a declaration is neither suicide nor authorization for mercy killing.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 3 court decisions.

Most-cited authority: 79 F.3d 790 - Compassion in Dying v. Washington

Sections covered

Enacted in other states

Oregon

All South Carolina named statutes →

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