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The act governs written declarations by which a person directs that life-sustaining procedures be withheld or withdrawn, and it establishes the form such a declaration must take, the conditions under which it becomes operative, how it may be revoked, and how an agent may be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
- S.C. Code Ann. § 44-77-10Short title
- S.C. Code Ann. § 44-77-100Substitution of willing physician or health care worker for one unwilling to effectuate declaration
- S.C. Code Ann. § 44-77-110Execution and consummation of declaration as not constituting suicide
- S.C. Code Ann. § 44-77-120Declaration as a condition for insurance, receipt of medical treatment, or admission to hospital or nursing home
- S.C. Code Ann. § 44-77-130Chapter not to be construed to authorize or approve mercy killing1 cite
- S.C. Code Ann. § 44-77-140No presumption as to intent to arise from absence of declaration; other legal rights not impaired
- S.C. Code Ann. § 44-77-160Penalties
- S.C. Code Ann. § 44-77-20Definitions1 cite
- S.C. Code Ann. § 44-77-30When life-sustaining procedures may be withheld1 cite
- S.C. Code Ann. § 44-77-40Validity of declaration
- S.C. Code Ann. § 44-77-50Form of declaration
- S.C. Code Ann. § 44-77-65Supplementation of declaration under prior or foreign law with artificial nutrition and hydration instructions
- S.C. Code Ann. § 44-77-70Ineffectiveness of declaration during course of declarant's pregnancy
- S.C. Code Ann. § 44-77-80Revocation of declaration
- S.C. Code Ann. § 44-77-85Agent may be appointed to effectuate declaration
- S.C. Code Ann. § 44-77-90Reliance on declaration; presumption of good faith; immunity from liability
Enacted in other states
All South Carolina named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code