H*3011(Rat #0061, Act #0031)  General Bill, By P.B. Harris, Carnell, 
J.L. Harris and J.G. Mattos

Similar(S 18)
 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  House  Introduced and read first time HJ-19
   01/12/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-19
   02/10/93  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-1
   02/11/93  House  Read second time HJ-41
   02/11/93  House  Unanimous consent for third reading on next
                     legislative day HJ-43
   02/12/93  House  Read third time and sent to Senate HJ-3
   02/16/93  Senate Introduced and read first time SJ-2
   02/16/93  Senate Referred to Committee on Medical Affairs SJ-2
   03/11/93  Senate Committee report: Favorable Medical Affairs SJ-19
   03/16/93  Senate Read second time SJ-22
   03/17/93  Senate Read third time and enrolled SJ-13
   04/20/93         Ratified R 61
   04/22/93         Signed By Governor
   04/22/93         Effective date 04/22/93
   05/25/93         Copies available

AN ACT 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:

Duty deleted for human rights committees for mental retardation clients

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 other matters as requested pertaining to the rights of clients."

Needs of mental retardation clients based on available resources

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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 22nd day of April, 1993.