Current Status Introducing Body:House Bill Number:3216 Ratification Number:72 Act Number:40 Primary Sponsor:Wofford Type of Legislation:GB Subject:Mental health patients, discharge provisions Companion Bill Number:54 Date Bill Passed both Bodies:19930318 Computer Document Number:436/12845AC.93 Governor's Action:S Date of Governor's Action:19930423 Introduced Date:19930120 Last History Body:------ Last History Date:19930423 Last History Type:Act No. 40 Scope of Legislation:Statewide All Sponsors:Wofford Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3216 ------ 19930423 Act No. 40 3216 ------ 19930423 Signed by Governor 3216 ------ 19930420 Ratified R 72 3216 Senate 19930318 Read third time, enrolled for ratification 3216 Senate 19930316 Read second time 3216 Senate 19930311 Committee Report: Favorable 13 3216 Senate 19930303 Introduced, read first time, 13 referred to Committee 3216 House 19930302 Read third time, sent to Senate 3216 House 19930225 Read second time 3216 House 19930224 Committee Report: Favorable 27 3216 House 19930120 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
(A40, R72, H3216)
AN ACT TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
Discharge upon request
SECTION 1. Section 44-17-330 of the 1976 Code is amended to read:
"Section 44-17-330. A voluntary patient who requests to be discharged or whose discharge is requested, in writing, by the patient's parent or legal guardian or other interested person must be discharged, except that:
(1) if the patient was admitted on the patient's own application and the request for discharge is made by a person other than the patient, discharge must be conditioned upon the agreement of the patient;
(2) if the director of the hospital, within three days, excluding Saturdays, Sundays, and legal holidays, after the patient or other interested person requests the patient's discharge, files with the probate court of the county in which the patient resided or was present immediately before admission a certificate that in the director's opinion, the patient desiring discharge is mentally ill and should be hospitalized, discharge may be postponed on application for as long as the court determines by order to be necessary for conducting proceedings for judicial admission, but in no event for more than fifteen days. Upon the filing of a certificate, the proceedings for judicial admission must be conducted pursuant to Sections 44-17-510 through 44-17-610."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 23rd day of April, 1993.