S 0018 General Bill, By Bryan

Similar(H 3011)
 A Bill to amend Section 44-26-70, Code of Laws of South Carolina, 1976,
 relating to human rights committees for mental retardation clients, so as to
 delete the duty of the committees to advise on plans for behavior support
 which may restrict personal freedoms or clients' rights and Section 44-26-140,
 relating to suitable care and habilitation for clients, so as to provide that
 requirements for the Department of Mental Retardation to develop services
 necessary to meet clients' needs are based on available resources.

   01/12/93  Senate Introduced and read first time SJ-31
   01/12/93  Senate Referred to Committee on Medical Affairs SJ-32

A BILL

TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS

COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-26-70(A) of the 1976 Code, as added by Act 366 of 1992, is amended to read:

"(A) Human rights committees must be established for each regional center and for each county/multi-county program to:

(1) review and advise the regional center or the county/multi-county board on the policies pertaining to clients' rights policies;

(2) hear and make recommendations to the regional center or county/multi-county board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260;

(3) review and advise the regional center or county/multi-county board on program plans for behavior management which may restrict personal freedoms or rights of clients;

(4) advise the regional center or county/multi-county board on plans for behavior support which may restrict personal freedoms or rights of clients;

(5) advise the regional center or county/multi-county board on other matters as requested pertaining to the rights of clients."

SECTION 2. Section 44-26-140(A) of the 1976 Code, as added by Act 366 of 1992, is amended to read:

"(A) Clients receiving services for mental retardation shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients."

SECTION 2. This act takes effect upon approval by the Governor.