Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 7170, May 20 | Printed Page 7190, May 20 |

Printed Page 7180 . . . . . Friday, May 20, 1994

H. 4949

Central Registry Child Abuse and Neglect Checks.
Provides requirement that adults in foster homes and employees and volunteers in residential group homes and child caring institutions undergo central registry child abuse and neglect checks and criminal history background checks.
Sponsor(s): H. 4949 Cobb-Hunter, Whipper
Status: H. 4949 Referred to House Medical, Military, Public and Municipal Affairs Committee 3-22-94.

H. 4101

Establishment and Membership of Community Mental Health Boards.
Provides for establishment and membership of community mental health boards. Provides that the governing body of any county wherein the board provides mental health services must be furnished a copy of the board's present budget or budget in process upon request within ten days of the request.
Sponsor(s): H. 4101 Rudnick, Stone, R. Smith, Houck, Stille
Status: H. 4101 Referred to House Medical, Military, Public and Municipal Affairs Committee 4-14-93.

H. 3597

Income Tax Credit for Dependent Disabled Person.
Provides that a refundable state individual income tax credit equal to two thousand dollars for a taxpayer with whom resides a dependent classified as permanently and totally disabled. Provides an offset against the credit income of the dependent on a one-for-three basis.
Sponsor(s): H. 3597 Davenport
Status: H. 3597 Referred to House Ways and Means Committee 3-2-93.

H. 3086/S. 255 (Act No. 159)

Head and Spinal Cord Injury Service Delivery System.
Provides for the creation of the South Carolina Head and Spinal Cord Injury Service Delivery System to develop, coordinate, and enhance delivery of services.


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Sponsor(s): H. 3086 J. Wilder, Baxley, Wright, Corning, Sharpe, Scott, Mattos, Rudnick, Shissias, Wells, Waites, Haskins, Marchbanks, Kirsh, Gamble, Barber
S. 255 Giese, Reese, Matthews
Status: H. 3086 Tabled in House Medical, Military, Public and Municipal Affairs Committee 2-8-94.
S. 255 Signed by Governor 6-15-93.

S. 534

Prohibition of Renewal of Driver's Licenses to Persons With Physical and Mental Disabilities.
Provides for prohibition of renewal of driver's licenses to persons with physical and mental disabilities who the department believes are not capable to safely operating a motor vehicle.
Sponsor(s): S. 534 Macaulay
Status: S. 534 Referred to House Education and Public Works Committee 3-16-93.

S. 585 (Act No. 92)

Fingerprinting of a Health Care Facility Administrator.
Provides for requirement of a fingerprint review of persons applying to become an administrator of a health care facility required to obtain a Certificate of Need.
Sponsor(s): S. 585 Bryan
Status: S. 585 Signed by Governor 6-11-93.

S. 292

Employment Bill of Rights for Persons With Disabilities.
Provides for the enactment of the "Employment Bill of Rights for Persons with Disabilities." Provides for deletion of references to employment and changes the term "handicapped persons" to "person with disabilities."
Sponsor(s): S. 292 Patterson
Status: S. 292 Referred to House Labor, Commerce and Industry Committee 3-9-94.

H. 3810

Notification of Release of Defendant Found Not Guilty By Reason of Insanity to Victim or Family of Victim.
Provides notice to the victim or family of the victim before release of a defendant found not guilty by reason of insanity.


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Sponsor(s): H. 3810 Rudnick, Sharpe, Fair, Clyborne, Hutson, Robinson, Jaskwhich, Allison, Stuart, Huff, Wells, R. Smith, D. Wilder, Graham, Lanford
Status: H. 3810 Referred to House Judiciary Committee 3-31-93.

H. 3922 (Act No. 293)

Property Tax Exemptions for Nonprofit Corporations Providing Below-Cost Supportive Housing for Handicapped Persons or Both Aged and Handicapped Persons.
Provides to extend the exemption allowed nonprofit housing corporations exclusively providing below-cost housing for handicapped persons or both aged and handicapped persons to nonprofit corporations exclusively providing below-cost supportive housing for elderly persons or households authorized pursuant to appropriate federal laws. Provides for deletion of obsolete language.
Sponsor(s): H. 3922 Sheheen
Status: H. 3922 Signed by Governor 3-1-94.

H. 3242

No Admission Charge for Aged, Blind, and Disabled Persons to State Park Facilities.
Provides for the use of state park facilities free of charge by aged, blind, and disabled persons.
Sponsor(s): H. 3242 Vaughn, R. Smith, Inabinett, Meacham, Simrill, Farr, Davenport, Harwell, Waldrop, A. Young, Littlejohn, Kinon, Cato, Stone, D. Smith, Harrelson, Canty, Whipper, Moody-Lawrence, D. Wilder, Haskins, Allison, Graham, Klauber.
Status: H. 3242 Referred to House Ways and Means Committee 1-21-93.

S. 313

Sexual Intercourse Prohibited with Mental Retardation Patient.
Provides penalties for having sexual intercourse with a patient in a state mental retardation facility as to include the penalty for committing sodomy on such patients.
Sponsor(s): S. 313 Rose
Status: S. 313 Referred to Senate Judiciary Committee 1-27-93.


Printed Page 7183 . . . . . Friday, May 20, 1994

H. 3837

Visitation by DYS, DMH, and DHEC in Secondary Schools Which Serve a High-Risk Student Population.
Provides that in secondary schools of this State which serve a high-risk student population as determined by the State Department of Education, representatives of the Departments of Youth Services, Mental Health, and Health and Environmental Control shall visit such schools one full day each month during the school year to provide services and consultations in their particular areas to interested students.
Sponsor(s): H. 3837 Moody-Lawrence, Whipper, Inabinett, Neal, Cobb-Hunter, Hines, Scott, Simrill, Jaskwhich, Richardson, McLeod, Byrd, Wright, McMahand, Meacham, Stuart, Beatty, Littlejohn, Breeland, Cromer, Klauber
Status: H. 3837 Referred to House Education and Public Works Committee 4-1-93.

H. 3016/S. 7 (Act No.110)

Omnibus Adult Protection Act.
Provides for the enactment of the Omnibus Adult Protection Act. Provides for the definition of terms. Provides for the duties of the State Department of Social Services and the Division of Ombudsman and Citizen Services, Office of the Governor, relative to adult abuse, neglect, and exploitation.
Sponsor(s): H. 3016 P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard, Baxley
S. 7 Bryan, Giese, Passailaigue, Elliott, Hayes, Jackson, Lander, Martin, McGill, Mitchell, O'Dell, Richter, Rose, Russell, Short, J. Verne Smith, Washington, Wilson, Glover


Printed Page 7184 . . . . . Friday, May 20, 1994

Status: H. 3016 Signed by Governor 6-11-93.
S. 7 Referred to Senate Medical Affairs 1-12-93.

H. 3194
Criminal Sexual Conduct of Psychotherapists.
Provides that a person is guilty of criminal sexual conduct in the third degree if he is a psychiatrist, psychologist, licensed counselor or therapist, or a member of the clergy and engages in sexual contact with another person who is a patient or client of his for mental health therapy.
Sponsor(s): H. 3194 Snow, R. Smith, G. Brown, Stone, McLeod, Byrd, Kelley, Chamblee, J. Harris
Status: H. 3194 Referred to House Judiciary Committee 1-20-93.

S. 150

Perinatal Effects of Alcohol, Controlled Substances, and Cigarettes.

Provides for the enactment of the "Assessment of and Intervention on the Perinatal Effects of Alcohol, Controlled Substances, and Cigarettes Act" so as to require that physicians provide counseling to pregnant women on these effects.
Sponsor(s): S. 150 Rose
Status: S. 150 Referred to Senate Judiciary Committee 1-26-93.

S. 49

Authorization of the South Carolina Department of Mental Health to Apply for Funds from State Capital Improvement Bonds.
Provides for authorization of the South Carolina Department of Mental Health to apply to the State Budget and Control Board for funds from state capital improvement bonds. Provides terms and conditions of the department's capital bond improvement obligations and provisions for repayment.
Sponsor(s): S. 49 Bryan
Status: S. 49 Referred to House Ways and Means Committee 2-24-93.

S. 48

Patient Medical Records Act.
Provides definition of "health care provider." Provides amendment relating to the Physicians' Patient Records Act, to change chapter to the "Patient Medical Records Act" and to change references from "physician" to "health care provider."


Printed Page 7185 . . . . . Friday, May 20, 1994

Sponsor(s): S. 48 Bryan
Status: S. 48 Referred to House Medical, Military, Public and Municipal Affairs Committee 4-7-94.

H. 3823

Transportation of a Mental Health Patient by Law Officer.
Provides that state or local law enforcement officers may not transport persons confined to a mental health or mental retardation facility except a person charged with or convicted of a criminal offense. Provides exceptions.
Sponsor(s): H. 3823 Canty, Keyserling
Status: H. 3823 Referred to House Judiciary Committee 4-1-93.

H. 5051

Property Purchased by County Disabilities and Special Needs Boards.
Provides requirements before a county disabilities and special needs board purchases real property located within or adjacent to a residential area.
Sponsor(s): H. 5051 Harrell, Fulmer
Status: H. 5051 Referred to House Medical, Military, Public and Municipal Affairs Committee 4-12-94.

R. 1480

Minimum Eligibility Requirements of the Continuum of Care for Emotionally Disturbed Children.
Provides for the establishment of minimum eligibility requirements for the selection of clients for services by the South Carolina Continuum of Care for Emotionally Disturbed Children.
Status: R. 1480 Effective May 28, 1993.

SPECIAL PROJECT

TEAM ADVOCACY (Appendix A)

The MH/MR Committee and the South Carolina Protection and Advocacy System co-sponsored a 1985 training session by the New York State Commission on Quality of Care. Committee members, members of the South Carolina Alliance for the Mentally Ill, members of the South Carolina Mental Health Association, and South Carolina Protection and Advocacy staff were trained to review basic living conditions for institutionalized patients. The New York "team advocacy system" was adapted to South Carolina institutions and has now been expanded into community residential care homes and community mental health centers.


Printed Page 7186 . . . . . Friday, May 20, 1994

The MH/MR Committee contracts with S.C. Protection and Advocacy for an amount determined annually to conduct team advocacy inspections. The goal of team advocacy is to work with the Department of Mental Health and the residential care homes to improve living conditions of patients.
The current contract is attached in Appendix A.

OUTSIDE ACTIVITIES

ADVISORY COUNCILS AND COMMITTEES

The MH/MR Committee members and staff serve on various advisory councils and committees. The following are activities the Committee is involved in:

Continuum of Care Advisory Council

Team Advocacy Advisory Committee

Mental Health Advocates Network

Protection and Advocacy for Individuals with Mental Illness

Protection and Advocacy for Individuals with Retardation

Mental Illness Awareness Walk

Mental Health Association Committee on Children, Adolescents, and Their Families

Mental Health Association Public Policy Committee

Annual presentation to S.C. Probate Judges Association

TOURS OF FACILITIES

During the course of this legislative session, committee members and/or staff toured many of the Department of Mental Health and the Department of Disabilities and Special Needs programs.

DMH Facilities Visited

S.C. State Hospital

Patrick B. Harris Psychiatric Hospital

Richard M. Campbell Veterans Nursing Home


Printed Page 7187 . . . . . Friday, May 20, 1994

Community Mental Health Programs Visited

Charleston Area Mental Health Center

Lowcountry Children's Center
Windwood Farm
Tri-County Mental Health Center
"Onsite" Program for Assertive Community Treatment
"Outreach" Program for Assertive Community Treatment
Charleston Area Mobile Crisis Program
Charleston Area Children and Adolescents Family Preservation Program
Charleston Area Children and Adolescents School Program

Community Mental Retardation Programs Visited

Anderson County Mental Retardation Board Work Program at Westinghouse

Anderson County Mental Retardation Board Workshop

Anderson County Mental Retardation Board Supervised Living Program

Chesterfield County Mental Retardation Board Cheraw Chronicle workshop/enclave

Chesterfield County Mental Retardation Board Community Training Home Residential Program (foster home placement)

Chesterfield County Mental Retardation Board Family Support Program Personal Home Visit

The Committee believes these tours were vital to their understanding of mental health and mental retardation issues as they relate to the current trend of moving from institutional based systems to community based systems.

Committee staff will arrange tours for any member of the General Assembly upon request.

TELECONFERENCES ATTENDED

Self-Help Live Teleconference Series - Sponsored by ETV, White Light Communications, S.C. Department of Mental Health, and hosted by S.C. SHARE. These teleconferences are produced in part by consumers of mental health services. They are designed to bring information and on going support to the mental health consumer movement worldwide.


Printed Page 7188 . . . . . Friday, May 20, 1994

PUBLIC HEARINGS

During the past two year session, the Committee held four statewide public hearings in communities around the State. At these hearings, constituents were able to voice their concerns and opinions regarding issues related to mental health, developmental disabilities and special needs.
June 29, 1992 Charleston, SC
August 3, 1992 Anderson, SC
June 24, 1993 Columbia, SC
August 4, 1993 Cheraw, SC

FUTURE COMMITTEE PLANS

The Committee has a busy schedule planned for the interim. The full Committee is scheduling statewide public hearings during the summer and tours of new community-based mental health and mental retardation programs.

The Mental Health and Mental Retardation Subcommittees will also be addressing issues raised by the public hearings at their monthly meetings this fall. These issues will shape the Committee's legislative agenda for the next session.

CONCLUSION

Committee members and staff visit facilities and community programs/homes of both the Department of Mental Health and Department of Mental Retardation. Some of the visits are arranged tours and others are unannounced. These visits result in first hand knowledge of how these departments operate their programs. The Committee has been very active in handling constituent requests of General Assembly members relating to mental health and mental retardation. There have also been numerous speaking engagements by members and staff across the State dealing with these problems.

The Committee receives the publications and newsletters listed below for research purposes. Copies are available to members and staff upon request.

Hospital and Community Psychiatry, Healthcare Trends Report, Community Mental Health Journal, Mental and Physical Disability Law Reporter, Mental Health Report, Mental Health Law Reporter, State Health Notes, Administration and Policy in Mental Health, Journal of American Health Policy, State Capitols, Cross Roads, DDS Insight, DYS News, Horizons, Health Policy News, In Community, Legislative Alert, State ADM Reports, Mississippi Profile, Health Legislation and


Printed Page 7189 . . . . . Friday, May 20, 1994

Regulation, Brown University Long Term Quality Care Letter, Journal of Mental Health Administration, American Journal of Psychiatry, Report on Education of Disadvantaged, Mental Health Funding News, Report on Disability Programs, Journal of Psychotherapy Practice, Intergovernmental Health Policy Project, Harvard Mental Health Letter.

Appendix A

TEAM ADVOCACY CONTRACT

AGREEMENT

The South Carolina Protection and Advocacy System for the Handicapped, Inc. (SCP&A) hereby enters into an agreement with the Legislative-Governor's Committee on Mental Health and Mental Retardation (MH/MR Committee) to continue the Team Advocacy Project.

MH/MR Committee agrees to provide funds as appropriated to the MH/MR Committee by the South Carolina General Assembly to the SCP&A for service of the Team Advocacy Project (Project) in one installment of $7,750.00 for the first quarter of fiscal year 94 in July to allow the Project to operate under the auspices of the MH/MR Committee.

SCP&A agrees to take responsibility for overseeing the administration of the Project, including the hiring of a Project Coordinator, and designating a SCP&A staff person to supervise the Project and act as the contact person to the MH/MR Committee. The SCP&A staff person will prepare an annual line item budget for the Project and provide a copy to the MH/MR Committee prior to the receipt of funds and provide periodic progress reports to the MH/MR Committee which will include quarterly reports of financial expenditures, a final financial report due no later than forty-five (45) days after the end of the fiscal year (June 30), and an annual report of Project activities due no later than sixty (60) days after the end of the fiscal year (June 30). SCP&A will submit an annual plan and a budget for the Project for approval by the MH/MR Committee before June 30.

SCP&A shall spend the funds in accordance with the plan and budget unless a request for amendment is approved by the MH/MR Committee prior to the transaction being made. Travel reimbursement must be at the same rate as state employees. Travel in the Columbia metropolitan area will not be paid by the MH/MR Committee, in compliance with Committee policy under Regulation 19-101.07.


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