Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 7160, May 19 | Printed Page 7180, May 20 |

Printed Page 7170 . . . . . Friday, May 20, 1994

The Committee has been involved in several special projects throughout this two year session, and has extensive plans for the next two year session.

We wish to thank the many people who have shared their time with us for the sake of people with mental health problems, mental retardation, and related disabilities.

Respectfully submitted,
Rep. Patrick B. Harris,Sen. James E. Bryan, Jr.

Chairman Vice-Chairman
Rep. Marion P. Carnell Sen. Harvey S. Peeler, Jr.
Rep. Jean L. Harris Sen. McKinley Washington, Jr.
Rep. James G. Mattos Sen. Dick Elliott
Mr. Jack W. Barnes Ms. Nancy L. Banov
Ms. Naomi Dreher Mr. James Harrison

BRIEF HISTORY

The Committee was created in 1957 by Concurrent Resolution H. 1895 and was called the Committee to Study Public and Private Facilities for Mental Health and Mental Laws of South Carolina. Senate Resolution S. 648 of 1958 and Senate Resolution S. 76 of 1959 continued the Committee's existence for two years until Act 889 in 1960 created a permanent study committee. The Committee's name was changed to the Legislative-Governor's Committee on Mental Health and Mental Retardation by Act 617 of 1967. Act 38 of 1973 increased the size of the Committee from nine to twelve members and expanded the Committee's scope to include the study of "mental retardation and mental retardation institutions."

The Committee continues to operate pursuant to Act 38 of 1973 (Sections 2-39-10 and 2-39-20 of the 1976 Code of Laws of South Carolina). This Act provides for a twelve member committee: four Senate members appointed by the President of the Senate, four House members appointed by the Speaker of the House, and four Gubernatorial appointees.


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MH/MR COMMITTEE, DMH, DDSN BUDGETS

The Committee is allocated $93,517 annually and is currently authorized for three positions.

The Department of Mental Health and Department of Disabilities and Special Needs are allocated the fifth and ninth largest budgets respectively. Together, these agencies receive 7% of the General Fund. The MH/MR Committee monitors the budget process as it effects these two agencies and the populations they serve.

COMMITTEE LEGISLATION PASSED

1993/1994 SESSIONS

H. 3014/S. 27 (Act No. 38)

Family Support Services.
Provides the Department of Disabilities and Special Needs with the authority to provide family support services to help prevent institutionalization.
Sponsor(s): H. 3014P. Harris, Carnell, J. Harris, Mattos

S. 27 Bryan, Peeler
Status: H. 3014Signed by Governor 4-26-93.

S. 27 Referred to Senate Medical Affairs Committee 1-12-93.

H. 3011/S. 18 (Act No. 31)
Rights of Mental Retardation Clients - Technical.
Strikes repetitive language and clarifies language stating that DMR services are not an entitlement program.
Sponsor(s): H. 3011 P. Harris, Carnell, J. Harris, Mattos
S. 18 Bryan
Status: H. 3011 Signed by Governor 4-22-93.
S. 18 Referred to Senate Medical Affairs Committee 1-12-93.

H. 3015/S. 28 (Act No. 41)

Nursing Home and Community Residential Care Administrators Licensing Board - Technical.
Provides for change of name of board to Long Term Health Care Administrators and adds definition of accredited college or university.


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Sponsor(s): H. 3015 P. Harris, Carnell, J. Harris, Mattos

S. 28 Bryan, Peeler, Giese
Status: H. 3015Signed by Governor 4-22-93.

S. 28 Referred to Senate Medical Affairs Committee 1-12-93.

H. 3013/S. 29 (Act No. 27)
Mental Health Center Board Representation.
Provides clarification that parents of emotionally disturbed children and adolescents should be considered when the legislative delegations and the Governor are recommending and appointing board members.
Sponsor(s): H. 3013 P. Harris, Carnell, J. Harris, Mattos
S. 29 Bryan, Peeler
Status: H. 3013 Signed by Governor 4-23-93.
S. 29 Referred to Senate Medical Affairs Committee 1-12-93.

H. 4394/S. 938 (Act No. 290)
Alternative Transportation.
Provides that case workers and peer supporters be allowed to transport non-violent patients to psychiatric hospitals, as to provide an alternative transportation of non-violent patients by law enforcement.
Sponsor(s): H. 4394 P. Harris, Carnell, J. Harris, Mattos, Rudnick, Harvin
S. 938 Bryan, Washington, Giese, Hayes
Status: H. 439 Tabled in House Medical, Military, Public and Municipal Affairs Committee 2-8-94.
S. 938 Signed by Governor 3-1-94.

H. 4741/S. 1180
School-Based Mental Health Counseling Services.
Provides for a three-year pilot project established jointly by the Department of Mental Health and the Department of Education. Provides for an array of school-based and child-focused counseling services developed by the Department of Mental Health in designated schools. Provides that services must include, but are not limited to, a child-focused school-based counseling clinic and training, consultation, and support programs for school staff. Provides that schools chosen must be geographically representative, representative of the socio-economic diversity of the State, and varying in numbers of students for each school.


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Sponsor(s): H. 4741 P. Harris, Carnell, J. Harris, Mattos
S. 1180 Bryan, Elliott, Washington, Hayes, Jackson, Thomas
Status: H. 4741 House Education and Public Works Committee Report: Favorable with Amendment 4-14-94.
S. 1180 Signed by Governor 5-10-94.

H. 3966/S. 701 (Act No. 133)

Criteria for Plans of Care for Individuals in Residential Care Facilities and Community Mental Health Center Day Programs.
Provides for the review of the plans of care for individuals in a residential care facility and a community mental health center day program by the Team Advocacy Project's Coordinator or his designee. Provides requirement for the designee to meet certain criteria.
Sponsor(s): H. 3966 P. Harris
S. 701 Bryan, Elliott
Status: H. 3966 Referred to House Medical, Military, Public and Municipal Affairs Committee 4-14-93.
S. 701 Signed by Governor 6-14-93.

H. 3012/S. 25
Mental Health Insurance.
Provides requirement for an offer of coverage for mental health and substance abuse in group health insurance policies. Provides for a mandate that insurance companies offer minimum mental health and substance abuse coverage of $2,000 with a lifetime maximum of $10,000. Allows for more favorable policies to be offered. Provides definition of mental illness. This type of optional rider is estimated to raise rates 3-4% if purchased. It is very similar to what is offered currently by the state insurance pool.
Sponsor(s): H. 3012 P. Harris, Carnell, J. Harris, Mattos
S. 25 Bryan, Hayes
Status: H. 3012 Referred to House Labor, Commerce and Industry Committee 1-12-93.
S. 25 Signed by Governor 5-10-94.

H. 4908

Concurrent Resolution to recognize Ms. Louise Rodgers Ravenel upon her retirement as Executive Director of the South Carolina Protection and


Printed Page 7174 . . . . . Friday, May 20, 1994

Advocacy System for the Handicapped, Inc. and to thank her for her tireless efforts on behalf of South Carolina's very special citizens.
Sponsor(s): H. 4908 P. Harris
Status: H. 4908 Received from Senate 3-15-94.

LEGISLATION PENDING

H. 4395/S. 939

Extended School Year Program.
Provides extended school year program for children with disabilities to be established in each school district. Provides definition of terms.
Sponsor(s): H. 4395 P. Harris, Carnell, J. Harris, Mattos, Corning
S. 939 Bryan, Washington
Status: H. 4395 Referred to House Education and Public Works Committee 1-11-94.
S. 939 Referred to Senate Education Committee 1-11-94.

H. 4396/S. 937
Motorcycle Helmet Law.
Provides for deletion of age limitation to which the requirement applies for persons operating or riding two-wheeled motorized vehicles.
Sponsor(s): H. 4396 P. Harris, Carnell, J. Harris, Mattos, J. Wilder
S. 937 Bryan, Washington
Status: H. 4396 Referred to House Education and Public Works Committee 1-11-94.
S. 937 Referred to Senate Transportation Committee 1-11-94.

MENTAL HEALTH/MENTAL RETARDATION RELATED

LEGISLATION SPONSORED BY COMMITTEE MEMBERS

S. 340 (Act No. 83)

Provisions for Conservator of Mental Health Patients.
Provides that the State Commissioner of Mental Health act as the conservator for a patient in a state facility and receives funds on behalf of and for the use of such a patient.
Sponsor(s): S. 340 Bryan
Status: S. 340 Signed by Governor 6-14-93.


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H. 3214/ S. 53 (Act No. 111)
Repeal of the Designation of Buildings at the South Carolina Department of Corrections as Facilities of the State Department of Mental Health.
Sponsor(s): H. 3214 Wofford
S. 53 Bryan
Status: H. 3214 Signed by Governor 6-11-93.
S. 53 Referred to Senate Medical Affairs 1-12-93.

H. 3220/S. 56 (Act No. 20)

Admission and Commitment Forms Kept by Probate Judges.
Provides for the addition of references to chapters requiring admission and commitment forms to be kept by probate judges.
Sponsor(s): H. 3220 Wofford
S. 56 Bryan
Status: H. 3220 Referred to Senate Judiciary Committee 3-9-93.
S. 56 Signed by Governor 4-22-93.

H. 3246

Protection and Advocacy Health and Dental Insurance.
Provides that employees and retirees of South Carolina Protection and Advocacy System for the Handicapped be eligible for state health and dental insurance plans.
Sponsor(s): H. 3246 P. Harris
Status: H. 3246 Recalled from House Judiciary Committee 1-27-94.

S.51

Re-examination After Not Guilty By Reason of Insanity.
Provides for the right to re-examination after a defendant is committed to the South Carolina State Hospital following a verdict of "not guilty by reason of insanity."
Sponsor(s): S. 51 Bryan
Status: S. 51 Referred to House Judiciary Committee 2-18-93.

H. 3217/S. 58 (Act No. 30)

Discharge Provisions for Child Mental Health Patients.
Provides revision references for emergency admission, for certain classifications of child patients, for certificate requirements, and for judicial admission procedures.


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Sponsor(s): H. 3217 Wofford
S. 58 Bryan
Status: H. 3217 Signed by Governor 4-23-93.
S. 58 Referred to Senate Medical Affairs Committee 1-12-93.

S. 341 (Act No. 84)

Court Review and Disposition of a Child Admitted as an Inpatient to the Department of Mental Health.
Provides that the court may find a child was admitted involuntarily but that the admission was necessary. Provides requirements when this is the finding.
Sponsor(s): S. 341 Bryan
Status: S. 341 Signed by Governor 6-14-93.

H. 3216/S. 54 (Act No. 40)

Discharge Provisions for a Mental Health Patient.
Provides for the discharge of a patient voluntarily admitted to a hospital for mental health treatment. Provides for the deletion of certain discharge provisions.
Sponsor(s): H. 3216 Wofford
S. 54 Bryan
Status: H. 3216 Signed by Governor 4-23-93.
S. 54 Referred to Senate Medical Affairs Committee 1-12-93.

H. 3218/S. 57 (Act No. 39)
Voluntary Admission to State Hospital.
Provides for the increase in age from sixteen to eighteen years. Provides for the deletion of voluntary admission for those under sixteen years of age.
Sponsor(s): H. 3218 Wofford
S. 57 Bryan
Status: H. 3218 Signed by Governor 4-23-93.
S. 57 Referred to Senate Medical Affairs Committee 1-12-93.

H. 3213/S. 52 (Ratification No. 389)

Trespassing on a State Mental Health Facility.
Provides for the creation of a criminal offense for trespassing onto or refusing to leave a state mental health facility.


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Sponsor(s): H. 3213 Wofford
S. 52 Bryan, Rose
Status: H. 3213 Signed by Governor 4-20-94.
S. 52 Referred to Senate Judiciary Committee 1-12-93.

H. 3215/S. 59 (Act No. 34)

Transfer of Persons from Correctional Institutions.
Provides for the transfer of persons to mental health or mental retardation facilities. Provides for deletion of provisions relating to transfers from correctional institutions.
Sponsor(s): H. 3215 Wofford
S. 59 Bryan
Status: H. 3215 Signed by Governor 4-23-93.
S. 59 Referred to Senate Medical Affairs Committee 1-12-93.

LEGISLATION OF INTEREST TO THE COMMITTEE

H. 4362

Prohibition on Discrimination in Accident and Health Insurance Benefits, Including Services of a Licensed Psychologist.
Provides for prohibition of discrimination between individuals of the same class in the amount of premiums charged for a policy of insurance. Provides payment or reimbursement to the insured in accordance with the usual and customary fee for a service performed by a licensed doctoral psychologist.
Sponsor(s): H. 4362 T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Wells, Whipper
Status: H. 4362 Referred to Senate Banking and Insurance Committee 4-14-94.

H. 4751/S. 1094 (Ratification No. 399)
Licensure for Health Facilities.
Provides for exemption of community-based housing sponsored, licensed, or certified by the Department of Disabilities and Special Needs. S.1094


Printed Page 7178 . . . . . Friday, May 20, 1994

has an additional provision that the Department of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control the names and locations of these facilities on a continuing basis.
Sponsor(s): H. 4751 Wofford, Waldrop, P. Harris
S. 1094 Bryan, Giese
Status: H. 4751 Tabled in House Medical, Military, Public and Municipal Affairs Committee 3-29-94.
S. 1094 Ratified 4-27-94.

H. 4213/S. 386

Driver's Licenses for Incapacitated or Incompetent Persons.
Provides that persons adjudicated incapacitated or incompetent not be permitted or licensed to drive by the Department of Highways and Public Transportation. Provides for the deletion of antiquated terminology. Provides more current language.
Sponsor(s): H. 4213 Mattos, McMahand, Quinn, Anderson, Hines, Neilson, J. Harris, Holt, Neal, Farr, Stone, Harrison, Cobb-Hunter, Stille, Richardson, Whipper
S. 386 Bryan, Giese
Status: H. 4213 Referred to Education and Public Works Committee 5-19-93.
S. 386 Referred to Senate Transportation Committee 2-9-93.

H. 4389/S. 936

Family Support Services for Persons with Head and Spinal Cord Injuries.
Provides for the Department of Mental Retardation to include individuals with head injuries, spinal cord injuries, or similar disabilities among those for whom family support services are to be rendered. Provides for the name of the department to be changed to the Department of Disabilities and Special Needs.
Sponsor(s): H. 4389 J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin, Corning
S. 936 Lander, Reese
Status: H. 4389 Signed by Governor 4-20-94.
S. 936 Referred to House Medical, Military, Public and Municipal Affairs Committee 2-3-94.


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H. 4033/S. 955

HIV Testing of Juvenile Offenders.
Provides HIV testing of certain convicted sex offenders as to include adjudicated juvenile sex offenders. Provides requirement that these tests be conducted upon request of the victim. Provides for the requirement of the solicitor to furnish the test results to the parents of a victim who is a minor or mentally retarded or mentally incapacitated. Provides requirement that the solicitor provide the Department of Corrections or the Department of Youth Services with positive HIV test results.
Sponsor(s): H. 4033 Wilkins, Clyborne
S. 955 Giese, Rose
Status: H. 4033 Referred to Senate Judiciary Committee 4-28-94.
S. 95 Referred to Senate Judiciary Committee 1-11-94.

H. 4656/S. 1145/S. 1172

Insurance Coverage for Mental, Emotional, or Nervous Disorders or Conditions.
Provides that each insured covered for mental, emotional, or nervous disorders or conditions must be allowed to select the physician or other provider. Provides requirement for the insurer to pay the covered charges up to limits of coverage if the disorder or condition treated is covered by the insurance policy and the physician or other provider is licensed by the State.
Sponsor(s): H. 4656 T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart, Wofford
S. 1145 Richter, Courtney, Waldrep
S. 1172 Ford
Status: H. 4656 Referred to Senate Banking and Insurance Committee 5-5-94.
S. 1145 Referred to House Labor, Commerce and Industry Committee 4-12-94.
S. 1172 Referred to Senate Banking and Insurance Committee 2-10-94.


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