Bill 2101

                    Current Status

Bill Number:               2101
Ratification Number:       427
Act Number                 397
Introducing Body:          House
Subject:                   Preadmission screening and evaluation in
                           psychiatric emergencies

(A397, R427, H2101)

AN ACT TO AMEND SECTIONS 44-7-140 AND 44-52-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE HOSPITAL CONSTRUCTION AND FINANCING ACT AND EMERGENCY ADMISSION TO TREATMENT FACILITIES OF CHEMICALLY DEPENDENT PERSONS, SO AS TO EXEMPT HEALTH CARE FACILITIES OWNED AND OPERATED BY THE FEDERAL GOVERNMENT AND FEDERAL HEALTH CARE FACILITY SPONSORED AND OPERATED BY THE STATE, AND TO PERMIT FRIENDS AND RELATIVES TO TRANSPORT CHEMICALLY DEPENDENT PERSONS TO TREATMENT FACILITIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-17-450 AND 44-17-460 SO AS TO PROVIDE FOR PREADMISSION SCREENING AND EVALUATION SERVICES FOR PSYCHIATRIC EMERGENCIES AND TO PROVIDE FOR EXAMINATIONS BY A LICENSED PHYSICIAN PRIOR TO EMERGENCY ADMISSION TO A PSYCHIATRIC FACILITY.

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

Preadmission screening and evaluation in psychiatric emergencies

SECTION 1. The 1976 Code is amended by adding:

"Section 44-17-450. The Department of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local resources for mentally ill persons. The preadmission screening services must act as the public mental health system's entry point in order (1) to provide to the examining physician information about accessible crisis intervention, evaluation, and referral services in the community; (2) to offer to mentally ill persons clinically appropriate alternatives to inpatient care, if any; and when necessary (3) to provide a means for involuntary commitment."

examinations prior to emergency admissions to psychiatric facilities

SECTION 2. The 1976 Code is amended by adding:

"Section 44-17-460. Prior to the emergency admission of any person to a psychiatric facility of the Department of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility. The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission Or the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section."

Transportation to treatment facilities for chemically dependent persons

SECTION 3. The fourth paragraph of Section 44-52-50 of the 1976 Code is amended to read:

"The written certificate and affidavit shall authorize and require any law enforcement officer to transport the person to a treatment facility if confirmation has been obtained from the treatment facility that a bed is available A : person taken into custody for emergency admission may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a treatment facility. Any friend or relative may transport the person to a treatment facility, provided such friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the person and that the friend or relative freely chooses to assume such responsibility. A friend or relative who chooses to transport the person shall not be entitled to reimbursement from the State for the cost of such transportation. Any officer acting in accordance with the provisions of this article shall be immune from civil liability."

Exemptions

SECTION 4. (A) Section 44-7-140 of the 1976 Code is amended to read

"Section 44-7-140. The provisions of thiS article do not apply to privately-owned educational institutions maintaining infirmaries for the exclusive use of their student bodies any health care facility owned and operated by the federal government, or any federal health care facility sponsored and operated by this State."

(B) The provisions of this section take effect March 18, 1988.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.