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A266, R312, S1168
STATUS INFORMATION
General Bill
Sponsors: Senators Peeler and Alexander
Document Path: l:\council\bills\nbd\12044ac08.doc
Introduced in the Senate on March 4, 2008
Introduced in the House on March 25, 2008
Last Amended on May 7, 2008
Passed by the General Assembly on May 22, 2008
Governor's Action: June 4, 2008, Signed
Summary: State mental health
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/4/2008 Senate Introduced and read first time SJ-3
3/4/2008 Senate Referred to Committee on Medical Affairs SJ-3
3/12/2008 Senate Committee report: Favorable Medical Affairs SJ-14
3/13/2008 Senate Read second time SJ-9
3/13/2008 Scrivener's error corrected
3/18/2008 Senate Read third time and sent to House SJ-27
3/25/2008 House Introduced and read first time HJ-24
3/25/2008 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-25
4/24/2008 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-69
4/29/2008 House Debate adjourned until Tuesday, May 6, 2008 HJ-38
5/7/2008 House Amended HJ-8
5/7/2008 House Debate adjourned HJ-10
5/7/2008 House Read second time HJ-30
5/8/2008 House Read third time and returned to Senate with amendments
HJ-12
5/8/2008 Scrivener's error corrected
5/22/2008 Senate Concurred in House amendment and enrolled SJ-42
5/29/2008 Ratified R 312
6/4/2008 Signed By Governor
6/11/2008 Copies available
6/11/2008 Effective date 06/04/08
6/13/2008 Act No. 266
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/4/2008
3/12/2008
3/13/2008
4/24/2008
5/7/2008
5/8/2008
(A266, R312, S1168)
AN ACT TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Terms revised
SECTION 1. Section 15-9-510 of the 1976 Code is amended to read:
"Section 15-9-510. The director of a state mental health facility must not accept service of legal papers, or consent to the appointment of a guardian ad litem, for any patient. When a legal paper is served on a patient in a facility, a copy of the legal paper must be filed with the director who shall cause it to be made a part of the permanent record of the patient. The director immediately, in writing, shall inform the court, out of which the process issued, of the date of service of the process, the procedure under which the patient was admitted to the facility, and the present mental and physical condition of the person."
Divisions not required to be headed by a medical doctor
SECTION 2. Section 44-9-50 of the 1976 Code is amended to read:
"Section 44-9-50. The Department of Mental Health may be divided into such divisions as may be authorized by the director of Mental Health and approved by the commission. One of the divisions must be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions must be a Division for Long Term Care which shall have primary responsibility for care and treatment of elderly persons with mental and physical disabilities to the extent that their needs are not met in other facilities either public or private."
Terms revised
SECTION 3. Section 44-9-60 of the 1976 Code is amended to read:
"Section 44-9-60. The director of the Department of Mental Health may appoint a director of each hospital. Each director must be knowledgeable in the treatment of the mentally ill and in hospital administration. The director of each hospital under the jurisdiction of the Department of Mental Health is responsible for the employment of all personnel at the hospital, subject to the approval of the director of the department. The director of the department may serve as director of one or more hospitals or other mental health facilities."
Terms revised; obsolete provisions deleted
SECTION 4. Section 44-9-90 of the 1976 Code is amended to read:
"Section 44-9-90. The commission shall:
(1) form a body corporate in deed and in law with all the powers incident to corporations;
(2) cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined in penal institutions because of emergency;
(3) inaugurate and maintain an appropriate mental health education and public relations program;
(4) collect statistics bearing on mental illness, drug addiction, and alcoholism;
(5) provide vocational training and medical treatment which must tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, drug addiction, and alcoholism;
(6) encourage the directors of hospitals and their medical staffs in the investigation and study of these subjects and of mental health treatment in general; and
(7) provide a statewide system for the delivery of mental health services to treat, care for, reduce, and prevent mental illness and provide mental health services for citizens of this State, whether or not in a hospital. The system must include services to prevent or postpone the commitment or recommitment of citizens to hospitals."
Terms revised
SECTION 5. Section 44-9-100 of the 1976 Code is amended to read:
"Section 44-9-100. The commission may:
(1) prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, Chapter 48, and Chapter 52;
(2) require reports from the director of a state hospital relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;
(3) investigate complaints made by a patient or by a person on behalf of a patient;
(4) adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, Chapter 48, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient treatment of persons with a mental illness or substance abuse disorder;
(5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as the commission considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services."
Grievance review procedure revised
SECTION 6. Section 44-22-220 of the 1976 Code is amended to read:
"Section 44-22-220. (A) The department shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be reviewed by the department and a determination made concerning whether or not corrective action is warranted. A copy of the written grievance must be forwarded to the Client Advocacy Program and Protection and Advocacy for People with Disabilities.
(B) The department shall develop procedures with time lines to process the grievances in a timely manner. The procedures must be made known to patients.
(C) A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to the patient under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, either upon actual knowledge or information thought to be reliable, is immune from criminal liability under the provisions of this subsection."
Definitions revised
SECTION 7. Section 44-23-10 of the 1976 Code is amended to read:
"Section 44-23-10. When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7, and 9 of Chapter 17, Chapter 24, Chapter 27, Chapter 48, and Chapter 52, unless the context clearly indicates a different meaning:
(1) 'Attending physician' means the staff physician charged with primary responsibility for the treatment of a patient.
(2) 'Conservator' means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent.
(3) 'Department' means the South Carolina Department of Mental Health.
(4) 'Designated examiner' means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses.
(5) 'Director' means the director of the South Carolina Department of Mental Health.
(6) 'Discharge' means an absolute release or dismissal from an institution or a hospital.
(7) 'Guardian' or 'legal guardian' means a person who legally has the care and management of the person of one who is not sui juris.
(8) 'Hospital' means a public or private hospital.
(9) 'Interested person' means a parent, guardian, spouse, adult next of kin, or nearest friend.
(10) 'Leave of absence' means a qualified release from an institution or a hospital.
(11) 'Licensed physician' means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of official duties.
(12) 'Likelihood of serious harm' means because of mental illness there is:
(a) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm;
(b) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or
(c) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that the person's judgment is so affected that the person is unable to protect himself or herself in the community and that reasonable provision for the person's protection is not available in the community.
(13) 'Mental health clinic' means an institution, or part of an institution, maintained by the department for the treatment and care on an outpatient basis.
(14) 'Nearest friend' means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability.
(15) 'Nonresident licensed physician' means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing official duties in that state.
(16) 'Observation' means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition.
(17) 'Officer of the peace' means any state, county, or city police officer, officer of the State Highway Patrol, sheriff, or deputy sheriff.
(18) 'Parent' means natural parent, adoptive parent, stepparent, or person with legal custody.
(19) 'Patient' means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought.
(20) 'Person with a mental illness' means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization.
(21) 'Person with mental retardation' means a person, other than a person with a mental illness primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for the person's benefit, or that of the public, special training, education, supervision, treatment, care, or control in the person's home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs.
(22) 'State hospital' means a hospital, or part of a hospital, equipped to provide inpatient care and treatment and maintained by the department.
(23) 'State mental health facility' or 'facility' means any hospital, clinic, or other institution maintained by the department.
(24) 'State of citizenship' means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence from such hospitals and institutions and of time spent in service in any of the Armed Forces of the United States; the residence of a person must be determined by the actual physical presence, not by the expressed intent of the person.
(25) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling."
Terms revised
SECTION 8. Section 44-23-210 of the 1976 Code is amended to read:
"Section 44-23-210. A person confined in a state institution or a person confined in a state or private mental health or mental retardation facility may be transferred to another mental health or mental retardation facility if:
(1) the director of a state institution not under the jurisdiction of the Department of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of having a mental illness. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person has a mental illness, the director shall notify the director of the institution or the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;
(2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents, or spouse or, if none be known, to the patient's nearest known relative or friend. This section may not be construed to apply to transfers of a patient within a mental health facility; or
(3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one Department of Mental Health facility to another and the reasons for desiring the transfer and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs."
Terms revised
SECTION 9. Section 44-23-250 of the 1976 Code is amended to read:
"Section 44-23-250. Whenever reference is made requiring the signature of the director of any state mental health facility, the reference means the director of the facility or the director's designee."
Sections repealed
SECTION 10. Sections 44-11-80 and 44-23-30 of the 1976 Code are repealed.
Time effective
SECTION 11. This act takes effect upon approval by the Governor.
Ratified the 29th day of May, 2008.
Approved the 4th day of June, 2008.
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