2021 South Carolina Code of Laws
Title 44 - Health
Chapter 80 - Physician Orders For Scope Of Treatment
Section 44-80-10. Definitions.
As used in this chapter:
(1) "Advance care planning" or "ACP" means the making of decisions by a person about the care the person wants to receive if the person becomes unable to communicate or consent to care and the documentation of those decisions by acceptable methods recognized by the State.
(2) "Advance directive" means a written statement such as a health care power of attorney executed in accordance with Section 62-5-504, in which an individual expresses certain wishes relating to life-sustaining treatment, including resuscitative services.
(3) "Department" means the South Carolina Department of Health and Environmental Control.
(4) "Director" means the Director of the South Carolina Department of Health and Environmental Control.
(5) "Emergency medical technician (EMT)" when used in general terms for emergency medical personnel, means an individual possessing a valid EMT, advanced EMT (AEMT), or paramedic certificate issued by the State pursuant to the provisions of Section 44-61-20.
(6) "Health care facility" means any nonfederal public or private institution, building, agency, or portion thereof, whether for-profit or not-for-profit, that is used, operated, or designed to provide health services; medical treatment; or nursing, rehabilitative or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories; research facilities; pharmacies; laundry facilities; health personnel training and lodging facilities; patient, guest, and health personnel food service facilities; and offices or office buildings for persons engaged in health care professions or services.
(7) "Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.
(8) "Legal representative" means a person with priority to make health care decisions for a patient pursuant to the Adult Health Care Consent Act.
(9) "Patient" means an individual who presents or is presented to a health care provider for treatment.
(10) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.
(11) "Physician Orders for Scope of Treatment (POST) form" means a designated document designed for use as part of advance care planning, the use of which must be limited to situations where the patient has been diagnosed with a serious illness or, based upon medical diagnosis, may be expected to lose capacity within twelve months and consists of a set of medical orders signed by a patient's physician addressing key medical decisions consistent with patient goals of care concerning treatment at the end of life that is portable and valid across health care settings.
(12) "Serious illness" means a condition which, based upon best medical judgment, is likely to result in death within a period of not to exceed twelve months.
HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
