H 4063 Session 112 (1997-1998)
H 4063 General Bill, By Harrison
A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH
CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE
COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS
WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO
LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO
AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80,
AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH,
SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO
AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY
MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES;
TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO
JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION
SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED,
RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINED THE TERM
"RESTRAINT"; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF
PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND
PROCEDURES APPLY.
04/22/97 House Introduced and read first time HJ-11
04/22/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
01/28/98 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-4
02/03/98 House Read second time HJ-13
02/04/98 House Read third time and sent to Senate HJ-15
02/05/98 Senate Introduced and read first time SJ-13
02/05/98 Senate Referred to Committee on Medical Affairs SJ-13
05/27/98 Senate Committee report: Favorable Medical Affairs SJ-15
05/28/98 Senate Read second time SJ-46
05/28/98 Senate Ordered to third reading with notice of
amendments SJ-46
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 1998
H. 4063
Introduced by Rep. Harrison
S. Printed 5/27/98--S.
Read the first time February 5, 1998.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (H. 4063), to amend Sections 44-9-90
and 44-9-100, as amended, Code of Laws of South Carolina, 1976,
both relating to the powers and duties of the South Carolina Mental
Health Commission, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
THOMAS L. MOORE, for Committee.
A BILL
TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH
RELATING TO THE POWERS AND DUTIES OF THE SOUTH
CAROLINA MENTAL HEALTH COMMISSION, SO AS TO
DELETE THE PROVISION REQUIRING THE COMMISSION TO
COLLECT STATISTICS ON AND PROMULGATE
REGULATIONS FOR PERSONS WITH MENTAL
DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50
RELATING TO LIMITATIONS ON GRANTS THAT MAY BE
AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS
TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO
AMEND SECTION 44-15-80, AS AMENDED, RELATING TO
POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL
HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO
TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND
SECTION 44-17-410, AS AMENDED, RELATING TO
PROCEDURES FOR EMERGENCY MENTAL HEALTH
ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF
THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS
AMENDED, AND SECTION 44-17-580, RELATING TO
JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS
TO CLARIFY WHEN A PETITION SEEKING COMMITMENT
MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS
AMENDED, RELATING TO RESTRAINING MENTAL HEALTH
PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND
TO AMEND SECTION 44-23-1100 RELATING TO
CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL
HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS
AND PROCEDURES APPLY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 44-9-90(4) of the 1976 Code is amended to
read:
"(4) It shall collect statistics bearing on mental illness,
mental deficiency, epilepsy, drug addiction, and
alcoholism, as well as study the cause, pathology, and
prevention of mental defects and diseases;"
SECTION 2. Section 44-9-100(4) of the 1976 Code, as last
amended by Act 37 of 1993, is further amended to read:
"(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, 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 institutionalization of the mentally ill,
mentally defective, epileptic, psychotic senile, drug addicted,
or alcoholic;"
SECTION 3. Section 44-15-50 of the 1976 Code is amended to
read:
"Section 44-15-50. Except as provided by this section,
grants for any program shall not exceed fifty percent of the total
expenditures for the year 1974-75 only for (a) salaries, (b) contract
facilities and services, (c) operation, maintenance and service costs,
(d) per diem and travel expenses of members of community mental
health boards and (e) other expenditures specifically approved and
authorized by the Department of Mental Health. Grants may be
made for expenditures for mental health services whether provided
by operation of a local facility or through contract with other public
or private agencies or individual persons."
SECTION 4. Section 44-15-80(2) and (3) of the 1976 Code is
amended to read:
"(2) Govern eligibility for service so that no person will be
denied service on the basis of inability to pay and so that any one
who cannot afford to pay for necessary treatment at the rate
customarily charged in available private practice is eligible to receive
services from the community mental health clinic;
(3) Provide for establishment of fee schedules and reduction
of balance due which shall must be based upon
ability to pay, the guiding principles of which shall be that no one
who can afford to pay for his own treatment at the rate customarily
charged in available private practice shall be treated in the
community mental health services clinic except as provided in this
section;"
SECTION 5. Section 44-17-410 of the 1976 Code, as last amended
by Act 296 of 1992, is further amended to read:
"Section 44-17-410. A person may be admitted to a public or
private hospital, mental health clinic, or mental health facility for
emergency admission upon:
(1) written affidavit under oath by a person stating:
(a) a belief that the person is mentally ill and because of this
condition is likely to cause serious harm to himself or others if not
immediately hospitalized;
(b) the specific type of serious harm thought probable if the
person is not immediately hospitalized and the factual basis for this
belief;
(2) a certification in triplicate by at least one licensed physician
stating that the physician has examined the person and is of the
opinion that the person is mentally ill and because of this condition
is likely to cause harm to himself through neglect, inability to care for
himself, or personal injury or otherwise or to others if not
immediately hospitalized. The certification must contain the grounds
for the opinion. A person for whom a certificate has been issued may
not be admitted on the basis of that certificate after the expiration of
three calendar days after the date of the examination;
(3) within forty-eight hours after admission, exclusive of
Saturdays, Sundays, and legal holidays, the place of admission shall
forward the affidavit and certification to the probate court of the
county in which the person resides or, in extenuating
circumstances, where the acts or conduct leading to the
hospitalization occurred.
Within forty-eight hours of receipt of the affidavit 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 affidavit 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 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.
The examiners' reports must include the grounds for the
examiners' conclusions.
If the report of the designated examiners is that the patient is not
mentally ill to the extent that involuntary treatment is
required, the court shall dismiss the petition and the patient must
be discharged immediately by the facility unless the designated
examiners report that the patient is a chemically dependent person in
need of emergency commitment and that procedures have been
initiated pursuant to Section 44-52-50. In which case, emergency
commitment procedures must be complied with in accordance with
Chapter 52, and the facility shall transfer the patient to an appropriate
treatment facility as defined by Section 44-52-10, provided that
confirmation has been obtained from the facility that a bed is
available; transportation must be provided by the department."
If the report of the designated examiners is that the patient is
mentally ill and involuntary treatment is required, the court
may order that the person be detained, appoint counsel for the patient
if counsel has not been retained, and fix a date for a full hearing to be
held pursuant to Section 44-17-570 within fifteen days from the date
of admission. The court shall give notice of the hearing pursuant to
Section 44-17-420.
The examiners' 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 6. Section 44-17-540 of the 1976 Code, as last amended
by Act 34 of 1991, is further amended to read:
"Section 44-17-540. If the report of the two designated
examiners, other than the independent designated examiner, is to the
effect that they are of the opinion that the person is not mentally ill
to the extent that involuntary treatment is required, the court
shall terminate the proceedings and dismiss the petition immediately
upon receipt of the report. If the report of the two designated
examiners, other than the independent designated examiner, is
divided, the court may terminate the proceedings or may designate a
third examiner, who must be a psychiatrist, and charge the three
examiners to render a majority opinion within five days. If the report
of the designated examiners is to the effect that they are of the
opinion that the person is mentally ill and involuntary treatment
is required, the court shall conduct a hearing. For persons
admitted pursuant to Section 44-17-410, the hearing may be held on
the same day as the designated examinations unless the person or his
counsel objects. Upon objection by the person or his counsel, the
court shall delay the hearing. For persons whose admission is sought
under Section 44-17-510, the court immediately shall fix a date for
and give notice of a hearing, to be held not less than five nor more
than seven days, excluding Saturdays, Sundays, and legal holidays,
from receipt of the report."
SECTION 7. Section 44-17-580 of the 1976 Code is amended to
read:
"Section 44-17-580. If, upon completion of the hearing and
consideration of the record, the court finds upon clear and convincing
evidence that the person is mentally ill, needs involuntary
treatment and because of his condition:
(1) lacks sufficient insight or capacity to make responsible
decisions with respect to his treatment; or
(2) there is a likelihood of serious harm to himself or others, it
shall order in-patient or out-patient treatment at a mental health
facility, public or private, designated or licensed by the Department
of Mental Health. If the court finds that he is not mentally ill and
in need of involuntary treatment, it shall dismiss the
proceedings.
If the court orders out-patient treatment and the respondent fails to
adhere to the prescribed out-patient treatment program, on report of
the failure by the treatment facility the court upon notice to the
respondent and his counsel may order a supplemental hearing and
further order in-patient treatment in a designated or licensed facility.
The probate court issuing the order shall maintain jurisdiction over
the person for the purpose of supplemental proceedings as herein set
forth and every order issued pursuant to this paragraph shall be so
conditioned. An order for in-patient treatment at a mental health
facility shall not raise a presumption of incompetency and no rights
shall be denied a person unless specifically ordered by the
court."
SECTION 8. Section 44-22-150 of the 1976 Code, as last amended
by Act 279 of 1992, is further amended by adding at the end:
"(C) For purposes of this section, 'restraint' does not include
medical protective devices used as a regular part of medical,
diagnostic, or surgical procedures, used to posturally support a
patient, or used to obtain or maintain normative bodily
functioning."
SECTION 9. Section 44-23-1100 of the 1976 Code is amended to
read:
"Section 44-23-1100. Any copies of completed forms
retained by judges of probate shall be safeguarded in a confidential
file, and the information therein contained shall not be disclosed
except pursuant to Section 44-23-1090
44-22-100."
SECTION 10. This act takes effect upon approval by the Governor.
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