Current Status Introducing Body:Senate Bill Number:369 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Mental health facilities, emergency admission Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:3072 Computer Document Number:369 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Peeler Hayes Fielding Type of Legislation:General Bill
Bill Body Date Action Description CMN
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369 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
369 Senate Dec 10, 1990 Prefiled, referred to 13
Committee
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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:
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, exclusive of Saturdays, Sundays, and legal holidays, 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 twenty 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."
SECTION 2. This act takes effect upon approval by the Governor.