H*3072(Rat #0060, Act #0030 of 1991)  General Bill, By P.B. Harris, Carnell, 
J.L. Harris, J.G. Mattos, C.Y. Waites and L.S. Whipper
 A Bill to amend Section 44-17-410, as amended, Code of Laws of South Carolina,
 1976, relating to emergency admission to mental health facilities, so as to
 decrease the time required for a court report and hearing on an emergency
 admission.

   12/12/90  House  Prefiled
   12/12/90  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/08/91  House  Introduced and read first time HJ-57
   01/08/91  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-57
   01/30/91  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-7
   01/31/91  House  Read second time HJ-471
   01/31/91  House  Unanimous consent for third reading on next
                     legislative day HJ-472
   02/01/91  House  Read third time and sent to Senate HJ-2
   02/05/91  Senate Introduced and read first time SJ-17
   02/05/91  Senate Referred to Committee on Medical Affairs SJ-17
   04/02/91  Senate Committee report: Favorable Medical Affairs SJ-13
   04/03/91  Senate Read second time SJ-16
   04/03/91  Senate Ordered to third reading with notice of
                     amendments SJ-16
   04/04/91  Senate Read third time and enrolled SJ-23
   04/18/91         Ratified R 60
   04/24/91         Signed By Governor
   04/24/91         Effective date 04/24/91
   04/24/91         Act No. 30
   05/03/91         Copies available

AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

Be it enacted by the General Assembly of the State of South Carolina:

Decreased time required for court report and hearing on emergency admission to mental health facilities

SECTION 1. Section 44-17-410(3) of the 1976 Code, as last amended by Act 383 of 1990, is further amended to read:

"(3) Within forty-eight hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the probate court of the county in which the person resides or where the acts or conduct leading to his hospitalization occurred.

Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct preliminary review of all the evidence to determine if probable cause exists to continue emergency detention of the patient. If the court finds that probable cause does not exist, it shall issue an order of release for the patient. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the patient.

With each application and certification, the treatment facility shall provide the court with a designated examiner appointment form listing the names of two designated examiners at the treatment facility.

If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court must be a licensed physician.

If the report of the designated examiners is that the patient is not mentally ill, the court shall dismiss the petition and the patient must be discharged immediately by the facility.

If the report of the designated examiners is that the patient is mentally ill, the court may order that the person be detained at the place of his admission, appoint counsel for him if he has not retained counsel, and fix a date for a full hearing to be held pursuant to Section 44-17-570 within fifteen days from the date of his admission. The court shall give notice of the hearing pursuant to Section 44-17-420.

The examiners's report must be available to the person's counsel before the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 24th day of April, 1991.