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Emergency Law Inventory | Full Law Text

Law Number

S.C. Code Ann. 44-66-70(C)-(D)

Summary Title

Liability: Reliance on Health Care Decision

Summary

A health care provider who, in good faith, relies on a health care decision made by an authorized representative for the patient will not be held legally responsible or professionally disciplined. A health care provider who, in good faith, provides health care for an individual without first obtaining consent, where the individual’s health is believed to be in immediate danger, will not be held legally responsible or professionally disciplined for providing care. They can be held legally responsible if acting with carelessness.

Full Title

Person who makes health care decision for another not subject to civil or criminal liability, nor liable for costs of care; health care provider not subject to civil or criminal liability

Full Text

(C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision. (D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner.

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