Current Status Introducing Body:
HouseBill Number: 3215Ratification Number: 60Act Number: 34Primary Sponsor: WoffordType of Legislation: GBSubject: Mental health facilitiesCompanion Bill Number: 59Date Bill Passed both Bodies: 19930317Computer Document Number: 436/12846AC.93Governor's Action: SDate of Governor's Action: 19930423Introduced Date: 19930120Last History Body: ------Last History Date: 19930423Last History Type: Act No. 34Scope of Legislation: StatewideAll Sponsors: WoffordType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3215 ------ 19930423 Act No. 34 3215 ------ 19930423 Signed by Governor 3215 ------ 19930420 Ratified R 60 3215 Senate 19930317 Read third time, enrolled for ratification 3215 Senate 19930316 Read second time 3215 Senate 19930311 Committee Report: Favorable 13 3215 Senate 19930303 Introduced, read first time, 13 referred to Committee 3215 House 19930302 Read third time, sent to Senate 3215 House 19930225 Read second time 3215 House 19930224 Committee Report: Favorable 27 3215 House 19930120 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
(A34, R60, H3215)
AN ACT TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Transferring patients from state institutions
SECTION 1. Section 44-23-210 of the 1976 Code is amended to read:
"Section 44-23-210. A person confined in a state institution or a person confined in a state or private mental health or mental retardation facility may be transferred to another mental health or mental retardation facility if:
(1) the superintendent of a state institution not under the jurisdiction of the Department of Mental Health or the director of a treatment facility under the jurisdiction of the Department of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of being mentally ill. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person is mentally ill, the director shall notify the superintendent of the institution or the director of the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;
(2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents or spouse or, if none be known, to the patient's nearest known relative or friend. This section may not be construed to apply to transfers of a patient within a mental health facility; or
(3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one facility to another and the reasons for desiring the transfer to the Department of Mental Health and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 23rd day of April, 1993.