H 4106 Session 109 (1991-1992)
H 4106 General Bill, By P.B. Harris, Carnell, J.L. Harris and J.G. Mattos
A Bill to amend Section 44-17-630, Code of Laws of South Carolina, 1976,
relating to the right of a patient who has been judicially committed to the
State Department of Mental Health to be reexamined, so as to provide that
notice of this right must be provided every six months instead of annually and
to provide that a hearing on a petition for reexamination is not required to
be held if less than three months have elapsed since a previous hearing on a
petition for reexamination.
01/14/92 House Introduced and read first time HJ-182
01/14/92 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-183
03/04/92 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-7
03/19/92 House Debate adjourned until Tuesday, March 24, 1992 HJ-2
03/24/92 House Debate adjourned until Wednesday, March 25, 1992 HJ-25
03/25/92 House Debate adjourned until Wednesday, April 1, 1992 HJ-26
04/01/92 House Debate adjourned until Wednesday, April 8, 1992 HJ-16
04/02/92 House Reconsider vote whereby debate adjourned until
Wednesday, April 8, 1992 HJ-19
04/02/92 House Tabled HJ-19
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 4, 1992
H. 4106
Introduced by REPS. P. Harris, Carnell, J. Harris and Mattos
S. Printed 3/4/92--H.
Read the first time January 14, 1992.
THE COMMITTEE ON MEDICAL,
MILITARY, PUBLIC AND MUNICIPAL
AFFAIRS
To whom was referred a Bill (H. 4106), to amend Section 44-17-630,
Code of Laws of South Carolina, 1976, relating to the right of a patient
who has been judicially committed, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
DAVE C. WALDROP, JR., for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
H. 4106 amends Section 44-17-630 of the 1976 Code of Laws of
South Carolina relating to the rights of a patient who has been judicially
committed to the State Department of Mental Health to be reexamined.
The bill provides that, after the first six months of hospitalization, notice
of the right to reexamination must be given every six months rather than
annually as required previously. While this represents an increase in
workload, the Department of Mental Health indicates that the increase
is absorbable without additional staff. Accordingly, enactment of H.
4106, as written, will have no fiscal impact on the General Fund.
Prepared By: Approved By:
Aaron Krute George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT
WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE
DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO
AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE
PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND
TO PROVIDE THAT A HEARING ON A PETITION FOR
REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS
THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS
HEARING ON A PETITION FOR REEXAMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-17-630 of the 1976 Code is amended to
read:
"Section 44-17-630. Any A patient shall
be is entitled to a reexamination on his the
patient's own petition or that of any other interested person to the
probate court of the county from which he the patient
was admitted. The treatment facility shall inform every patient and at
least one other interested person of his this right to
petition for reexamination. The notice Notice of this
right shall must be given in writing upon admission
to the hospital, and once during the first six months of
hospitalization, and annually every six months
thereafter during the treatment of the patient. If no spouse, parent, legal
guardian, or other interested person is known to exist,
documentation in the patient's record of this finding will be deemed
to be in is considered compliance with the notice
requirement to notify such persons of this section.
Upon receipt of the petition the court shall conduct proceedings in
accordance with this chapter, Chapter 9, Chapter 11, Chapter 13, Article
1 of Chapter 15, Chapter 17, and Chapter 27, except that the proceedings
shall may not be required to be conducted if the petition
is filed sooner than six months after the issuance of the order for
treatment or sooner than six three months after the
holding of a hearing pursuant to this section. The costs shall
must be borne by the petitioner unless the court determines that
he the petitioner cannot afford such
these costs."
SECTION 2. This act takes effect upon approval by the Governor.
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