S*0816(Rat #0508, Act #0435 of 1984)  General Bill, By H. Rubin, W.W. Doar, 
E.J. Patterson and T.E. Smith

Similar(H 3538)
 A Bill to amend Act 70 of 1979, relating to the Client-Patient Protection Act,
 so as to redefine "client or patient" and "physical injury" and to provide
 that reports of client-patient abuse or neglect must be made within
 twenty-four hours of the abuse or neglect or within twenty-four hours from the
 time any person has reason to believe client-patient abuse or neglect has
 taken place and to make it unlawful for any person to abuse, threaten to
 abuse, or cause physical or mental injury to any client or patient and to
 provide penalties for violations.-amended title

   02/21/84  Senate Introduced and read first time SJ-701
   02/21/84  Senate Referred to Committee on Medical Affairs SJ-701
   03/22/84  Senate Committee report: Favorable Medical Affairs SJ-1133
   03/29/84  Senate Amended SJ-1259
   03/29/84  Senate Read second time SJ-1259
   04/05/84  Senate Read third time and sent to House SJ-1322
   04/10/84  House  Introduced and read first time HJ-2293
   04/10/84  House  Referred to Committee on Judiciary HJ-2294
   05/09/84  House  Recalled from Committee on Judiciary HJ-2975
   05/09/84  House  Committed to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-1975
   05/23/84  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-3264
   05/24/84  House  Read second time HJ-3301
   05/29/84  House  Read third time and enrolled HJ-3410
   06/13/84         Ratified R 508
   06/18/84         Signed By Governor
   06/18/84         Effective date 06/18/84
   06/18/84         Act No. 435
   06/27/84         Copies available

AN ACT TO AMEND ACT 70 OF 1979, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO REDEFINE "CLIENT OR PATIENT" AND "PHYSICAL INJURY" AND TO PROVIDE THAT REPORTS OF CLIENT-PATIENT ABUSE OR NEGLECT MUST BE MADE WITHIN TWENTY-FOUR HOURS OF THE ABUSE OR NEGLECT OR WITHIN TWENTY-FOUR HOURS FROM THE TIME ANY PERSON HAS REASON TO BELIEVE CLIENT-PATIENT ABUSE OR NEGLECT HAS TAKEN PLACE AND TO MAKE IT UNLAWFUL FOR ANY PERSON TO ABUSE, THREATEN TO ABUSE, OR CAUSE PHYSICAL OR MENTAL INJURY TO ANY CLIENT OR PATIENT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Definition

SECTION 1. Item (A) of Section 2 of Act 70 of 1979 is amended to read:

"(A) 'Client or patient' means a person admitted or committed to, a patient of or in the care, custody or control of any public or private agency, department, hospital, institution or facility, not including persons sentenced to the South Carolina Department of Corrections or children committed to the South Carolina Department of Youth Services."

Definition

SECTION 2. Item (E) of Section 2 of Act 70 of 1979 is amended to read:

"(E) 'Physical injury' means an intentional physical assault upon a patient or provocation of another to assault whether the assault causes actual physical injury or not. Unacceptable actions may include but are not limited to: throwing objects, choking, use of weapons, slapping, hitting, kicking, biting, provoking a patient to assault an employee, provoking a patient to assault another patient, and provoking an employee to assault a patient. This does not include non-excessive physical control administered for the safety of the patient or others."

Reports

SECTION 3. Subsection (C) of Section 4 of Act 70 of 1979 is amended to read:

"(C) Reports of client-patient abuse or neglect made pursuant to this section must be made within twenty-four hours of the abuse or neglect or within twenty-four hours from the time any person has reason to believe client-patient abuse or neglect has taken place. The reports may be made orally, in writing, by telephone, or otherwise to the South Carolina Law Enforcement Division, the ombudsman of the office of the Governor, or the solicitor. Written records must be made of all the reports, a copy of which must be forwarded to the ombudsman who shall maintain a permanent file of all the records."

Penalty

SECTION 4. Act 70 of 1979 is amended by adding:

"Section 9A. (1) It is unlawful for any person to abuse, threaten to abuse, or cause physical or mental injury to any client or patient, as defined in Section 2 of this act.

(2) Any person who violates subsection (1) of this section is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.