Current Status Introducing Body:Senate Bill Number:54 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Mental health patient, discharge provisions Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:3216 Computer Document Number:436/12787AC.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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54 Senate 19930112 Introduced, read first time, 13
referred to Committee
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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:
SECTION 1. Section 44-17-330 of the 1976 Code is amended to read:
"Section 44-17-330. A voluntary patient who requests his own discharge to be discharged or whose discharge is requested, in writing, by his the patient's parent or legal guardian, or other interested person shall must be discharged forthwith, except that:
(1) Any request for discharge may be denied by the superintendent of a hospital if the request is made sooner than fifteen days after admission;
(2) (1) if the patient was admitted on his the patient's own application and the request for discharge is made by a person other than the patient, discharge shall must be conditioned upon the agreement of the patient thereto;
(3) If the patient, by reason of his age, was admitted on the application of another person, his discharge, prior to becoming sixteen years of age, may be conditioned upon 14 days' notice being given to his parent or legal guardian; and
(4) (2) if the superintendent director of the hospital, within fifteen 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 prior to his before admission a certificate that in his 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 the commencement of conducting proceedings for judicial admission, but in no event for more than fifteen days. Upon the filing of the certificates a certificate, the proceedings for judicial admission shall must be conducted pursuant to Sections 44-17-510 through 44-17-610."
SECTION 2. This act takes effect upon approval by the Governor.