South Carolina General Assembly
110th Session, 1993-1994

Bill 3011


                    Current Status
Introducing Body:               House
Bill Number:                    3011
Ratification Number:            61
Act Number:                     31
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Mental retardation clients,
                                human rights committees
Companion Bill Number:          18
Date Bill Passed both Bodies:   19930317
Computer Document Number:       NO5/8739BD.93
Governor's Action:              S
Date of Governor's Action:      19930422
Introduced Date:                19930112
Last History Body:              ------
Last History Date:              19930422
Last History Type:              Act No. 31
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Mattos
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3011   ------  19930422      Act No. 31
3011   ------  19930422      Signed by Governor
3011   ------  19930420      Ratified R 61
3011   Senate  19930317      Read third time, enrolled for
                             ratification
3011   Senate  19930316      Read second time
3011   Senate  19930311      Committee Report: Favorable     13
3011   Senate  19930216      Introduced, read first time,    13
                             referred to Committee
3011   House   19930212      Read third time, sent to
                             Senate
3011   House   19930211      Read second time, unanimous
                             consent for third reading on
                             Friday, February 12, 1993
3011   House   19930210      Committee Report: Favorable     27
3011   House   19930112      Introduced, read first time,    27
                             referred to Committee
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A31, R61, H3011)

AN ACT TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

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

Duty deleted for human rights committees for mental retardation clients

SECTION 1. Section 44-26-70(A) of the 1976 Code, as added by Act 366 of 1992, is amended to read:

"(A) Human rights committees must be established for each regional center and for each county/multi-county program to:

(1) review and advise the regional center or the county/multi-county board on the policies pertaining to clients' rights policies;

(2) hear and make recommendations to the regional center or county/multi-county board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260;

(3) review and advise the regional center or county/multi-county board on program plans for behavior management which may restrict personal freedoms or rights of clients;

(4) advise the regional center or county/multi-county board on other matters as requested pertaining to the rights of clients."

Needs of mental retardation clients based on available resources

SECTION 2. Section 44-26-140(A) of the 1976 Code, as added by Act 366 of 1992, is amended to read:

"(A) Clients receiving services for mental retardation shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 22nd day of April, 1993.