S*1102(Rat #0362, Act #0323 of 1992)  General Bill, By Bryan, H.U. Fielding, 
D.L. Hinds, C.T. Hinson, Peeler and M.T. Rose
 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.

   11/25/91  Senate Prefiled
   11/25/91  Senate Referred to Committee on Medical Affairs
   01/14/92  Senate Introduced and read first time SJ-29
   01/14/92  Senate Referred to Committee on Medical Affairs SJ-29
   03/10/92  Senate Committee report: Favorable Medical Affairs SJ-8
   03/11/92  Senate Read second time SJ-25
   03/12/92  Senate Read third time and sent to House SJ-20
   03/17/92  House  Introduced and read first time HJ-11
   03/17/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-11
   03/18/92  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-37
   04/01/92  House  Read second time HJ-13
   04/02/92  House  Read third time and enrolled HJ-18
   04/07/92         Ratified R 362
   04/13/92         Signed By Governor
   04/13/92         Effective date 04/13/92
   04/13/92         Act No. 323
   05/05/92         Copies available

AN ACT 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:

Notice of entitlement to seek reexamination

SECTION 1. Section 44-17-630 of the 1976 Code is amended to read:

"Section 44-17-630. A patient is entitled to a reexamination on the patient's own petition or that of any other interested person to the probate court of the county from which the patient was admitted. The treatment facility shall inform every patient and at least one other interested person of this right to petition for reexamination. Notice of this right must be given in writing upon admission to the hospital, once during the first six months of hospitalization, and 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 is considered compliance with the notice requirement 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 of this title, except that the proceedings 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 three months after the holding of a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs."

Time effective

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

Approved the 13th day of April, 1992.