S*931 Session 108 (1989-1990)
S*0931(Rat #0531, Act #0447 of 1990) General Bill, By P.B. McLeod, C.T. Hinson,
I.E. Lourie, M.F. Mullinax and N.W. Smith
A Bill to amend Section 43-30-20, Code of Laws of South Carolina, 1976,
relating to definitions used in the Client-Patient Protection Act, so as to
define the neglect of a client-patient's health or welfare and exploitation
and to change the reference to patient to client-patient; Section 43-30-30,
relating to the purpose of the Act, so as to include in the purpose provisions
for children to be saved from neglect and exploitation; Section 43-30-40,
relating to reports of abuse or neglect to the State Law Enforcement Division,
ombudsman, or solicitor, so as to include reports of exploitation; Section
43-30-50, relating to reports of abuse or neglect resulting in death, so as to
conform a reference to include neglect as well as abuse; and Section
43-30-100, relating to penalties under the Act, so as to provide for the
offenses of neglecting and exploiting a client or patient.-amended title
11/13/89 Senate Prefiled
11/13/89 Senate Referred to Committee on Medical Affairs
01/09/90 Senate Introduced and read first time SJ-64
01/09/90 Senate Referred to Committee on Medical Affairs SJ-64
02/14/90 Senate Committee report: Favorable with amendment
Medical Affairs SJ-7
02/15/90 Senate Amended SJ-54
02/15/90 Senate Read second time SJ-59
02/20/90 Senate Read third time and sent to House SJ-14
02/21/90 House Introduced and read first time HJ-26
02/21/90 House Referred to Committee on Judiciary HJ-26
04/18/90 House Committee report: Favorable Judiciary HJ-8
04/25/90 House Read second time HJ-78
04/26/90 House Read third time and enrolled HJ-30
05/01/90 Ratified R 531
05/03/90 Signed By Governor
05/03/90 Effective date 05/03/90
05/03/90 Act No. 447
06/05/90 Copies available
(A447, R531, S931)
AN ACT TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS
TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND
EXPLOITATION AND TO CHANGE THE REFERENCE TO PATIENT TO CLIENT-PATIENT;
SECTION 43-30-30, RELATING TO THE PURPOSE OF THE ACT, SO AS TO INCLUDE
IN THE PURPOSE PROVISIONS FOR CHILDREN TO BE SAVED FROM NEGLECT AND
EXPLOITATION; SECTION 43-30-40, RELATING TO REPORTS OF ABUSE OR NEGLECT
TO THE STATE LAW ENFORCEMENT DIVISION, OMBUDSMAN, OR SOLICITOR, SO AS TO
INCLUDE REPORTS OF EXPLOITATION; SECTION 43-30-50, RELATING TO REPORTS
OF ABUSE OR NEGLECT RESULTING IN DEATH, SO AS TO CONFORM A REFERENCE TO
INCLUDE NEGLECT AS WELL AS ABUSE; AND SECTION 43-30-100, RELATING TO
PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING
AND EXPLOITING A CLIENT OR PATIENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 43-30-20 of the 1976 Code is amended to read:
"Section 43-30-20. When used in this chapter, unless the
content indicates otherwise:
(A) 'Client-patient' means a person admitted or committed to, a
patient of or in the care, custody, or control of a 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.
(B) 'Abused or neglected client-patient' means a person whose
physical or mental health or welfare is abused or threatened with abuse,
as defined in this section, by the act of an employee or other person
responsible for his welfare.
(C) 'Abuse' to a client-patient's health or welfare may occur when
the person responsible for his welfare inflicts or allows to be inflicted
upon the client-patient physical or mental injury, except physical
control administered by a person in direct and primary contact with the
client-patient for the sole purpose of restraining or correcting him for
the protection of the person so acting out of fear of bodily harm for his
own or the client-patient's safety or the safety of others. The physical
control must be reasonable in manner, moderate in degree, and
administered in a manner so as not to produce permanent or lasting
physical or mental injury to the client-patient.
(D) 'Threatened abuse' means an intentional offer of abuse as
defined in item (C) to a client-patient by force or force unlawfully
directed toward a client-patient under circumstances creating a
well-founded fear of imminent peril coupled with apparent present ability
to execute the attempt if not prevented.
(E) 'Physical injury' means an intentional physical assault upon
a client-patient or provocation of another to assault whether the assault
causes actual physical injury or not. Unacceptable actions include, but
are not limited to: throwing objects, choking, using weapons, slapping,
hitting, kicking, biting, provoking a client-patient to assault an
employee, provoking a client-patient to assault another client-patient,
and provoking an employee to assault a client-patient. This does not
include nonexcessive physical control administered for the safety of the
client-patient or others.
(F) 'Mental injury' means a substantial impairment of the
intellectual, psychological, or emotional capacity of a client-patient
as evidenced by inhumane or unconscionable acts and conduct of a person
against a client-patient but nothing in this section prohibits a person
responsible for a client-patient's welfare from imposing reasonable
restrictions considered necessary by the person for the intellectual,
psychological, or emotional well-being of the client-patient by any of
the following:
(1) restrictions relating to attendance at amusements,
theaters, concerts, social events, or activities;
(2) restrictions on the amount of exposure to secular
activities such as television, extracurricular activities, or community
recreational activities.
(G) 'Reason to believe' means facts and circumstances based upon
accurate and reliable information that would justify a reasonable person
to believe that a client-patient subject to a report under this act is
abused or neglected.
(H) 'Ombudsman' means the office provided for pursuant to Sections
43-38-10 through 43-38-50.
(I) 'Solicitor' means the circuit solicitor of the circuit where
the alleged offense was committed.
(J) 'Neglect' of a client-patient's health or welfare may occur
when the person responsible for his welfare fails to provide the goods
or services which are necessary to avoid physical harm, mental anguish,
or mental illness or the responsible person allows the failure to occur.
Examples of neglect include, but are not limited to, failure to provide
adequate food, shelter, health care, safety, or clothing or failure to
notice the client-patient's conditions and take appropriate action.
(K) 'Exploitation' means an illegal, improper, or unjust act or
process of a facility administrator or staff member using the resources
of a client-patient for monetary or personal benefit, profit, or
gain."
Purposes
SECTION 2. Section 43-30-30 of the 1976 Code is amended to read:
"Section 43-30-30. Recognizing that client-patients need
protection, it is the purpose of this chapter to save them from injury,
abuse, neglect, and exploitation by establishing:
(1) an effective reporting system and encouraging the reporting of
client-patients in need of protection;
(2) fair and equitable procedures compatible with due process of
law with due regard to the safety and welfare of all persons;
(3) an effective system of protection of client-patients from
injury, abuse, neglect, and exploitation while living in public and
private residential agencies and institutions."
Reports of exploitation
SECTION 3. Section 43-30-40 of the 1976 Code is amended to read:
"Section 43-30-40. (A) A physician, nurse, dentist,
optometrist, medical examiner, coroner, or any other medical, mental
health or allied health professional, Christian Science practitioner,
religious healer, school teacher, counselor, psychologist, mental health
or mental retardation specialist, social or public assistance worker, or
law enforcement officer having reason to believe that a client-patient's
physical or mental health or welfare has been or may be affected
adversely by abuse, neglect, or exploitation or that the person has
suffered abuse, threatened abuse, or physical or mental injury shall
report or cause a report to be made in accordance with this chapter.
(B) Any other person who has reason to believe that a
client-patient's physical or mental health or welfare has been or may be
affected adversely by abuse, neglect, or exploitation or that the person
has suffered abuse, threatened abuse, or physical or mental injury may
report the incident in accordance with this chapter.
(C) Reports of client-patient abuse, neglect, or exploitation 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 a person has
reason to believe client-patient abuse, neglect, or exploitation 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."
Reports of death
SECTION 4. Section 43-30-50 of the 1976 Code is amended to read:
"Section 43-30-50. A person required by this chapter to
report cases of suspected client-patient abuse or neglect who has reason
to believe that a client-patient has died as a result of abuse or neglect
shall report that fact to the coroner. Any other person who has reason
to believe that a client-patient has died as a result of abuse or neglect
may report that fact to the coroner. The coroner receiving the report
shall accept it for investigation and, unless he files a written
statement in his records that the report of client-patient abuse or
neglect is unfounded with his reasons for the finding, cause an autopsy
to be performed and report his findings to the South Carolina Law
Enforcement Division, the ombudsman, and the solicitor."
Penalties
SECTION 5. Section 43-30-100 of the 1976 Code is amended to read:
"Section 43-30-100. (1) It is unlawful for a person to
neglect, exploit, abuse, threaten to abuse, or cause physical or mental
injury to a client-patient, as defined in Section 43-30-20.
(2) A person who violates subsection (1) is guilty of a
misdemeanor and, upon conviction, must be fined not less than five
hundred nor more than five thousand dollars or imprisoned for not less
than ninety days nor more than five years."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 3rd day of May, 1990.
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