Current Status Introducing Body:House Bill Number:4102 Primary Sponsor:P. Harris Type of Legislation:GB Subject:Mental health facility, gounds for license suspension Residing Body:House Companion Bill Number:1106 Date Tabled:Apr 15, 1992 Computer Document Number:BR1/1893.AC Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Apr 15, 1992 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:P. Harris Carnell J. Harris Mattos Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4102 House Apr 15, 1992 Tabled
4102 House Mar 24, 1992 Debate Adjourned Until
Tuesday, April 14, 1992
4102 House Mar 18, 1992 Committee Report: Favorable 27
with amendment
4102 House Jan 14, 1992 Introduced, read first time, 27
referred to Committee
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COMMITTEE REPORT
March 18, 1992
H. 4102
Introduced by REPS. P. Harris, Carnell, J. Harris and Mattos
S. Printed 3/18/92--H.
Read the first time January 14, 1992.
To whom was referred a Bill (H. 4102), to amend Section 44-7-320, as amended, Code of Laws of South Carolina, 1976, relating to the grounds upon which a Health Facility License issued by the South Carolina Department of Health and Environmental Control may be suspended, revoked, or denied, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 377 of 1990, is further amended by adding:
"(3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be reinstated. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department may proceed with the process for permanent revocation pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
DAVE C. WALDROP, JR., for Committee.
TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 377 of 1990, is further amended by adding:
"(3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the safety and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Following an immediate suspension, notice and an opportunity for a hearing must be provided in accordance with this section."
SECTION 2. This act takes effect upon approval by the Governor.