Current Status Bill Number:988 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:RES9832.MTR Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Pregnant woman, use of controlled substances
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 13 SMA
referred to Committee
Senate 19951204 Prefiled, referred to Committee 13 SMA
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 52, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND DRUG ABUSE COMMITMENT, BY ADDING SECTION 44-52-220 SO AS TO PROVIDE FOR THE INVOLUNTARY COMMITMENT OF A PREGNANT WOMAN WITH A HIGH RISK PREGNANCY DUE TO THE ABUSE OF ILLEGAL OR PRESCRIPTION SUBSTANCES WHO REFUSES MEDICAL TREATMENT TO A LICENSED SUBSTANCE ABUSE FACILITY FOR TESTING AND EVALUATION ON ORDER OF A PHYSICIAN OR LICENSED HEALTH CARE PROVIDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 52, Title 44 of the 1976 Code is amended by adding:
"Section 44-52-220. (A)(1) A physician or licensed health care provider who, upon examination and identification of a pregnant woman with a high risk pregnancy due to the abuse of illegal or prescription substances, reasonably believes that the patient will continue to abuse illegal or prescription drugs so as to endanger herself or her unborn fetus, immediately shall order the commitment of a patient who refuses medical treatment for drug use while pregnant to a licensed substance abuse facility for medical testing, evaluation and treatment. The physician or licensed health care provider shall certify in writing that he has examined the pregnant woman prior to her admission and believes, for reasons stated, that the woman has a high risk pregnancy due to her abuse of illegal or prescription substances, and that the immediate danger to the pregnant woman or her unborn fetus requires the woman's emergency admission for testing, evaluation and treatment.
(2) For purposes of this section a high risk pregnancy is one in which one of the following factors is present:
(a) no prenatal care;
(b) late prenatal care after twenty-four weeks gestation;
(c) incomplete prenatal care;
(d) abruptio placenta;
(e) pre-term labor of no obvious cause;
(f) IUGR of no obvious cause;
(g) previous known drug or alcohol abuse; or
(h) unexplained congenital abnormalities.
(B) The transportation of a patient to a drug treatment facility pursuant to this section may be accomplished by the patient's family members, friends, or shall be by any law enforcement officer requested to do so by the referring physician.
(C) Within forty-eight hours of an involuntary commitment, exclusive of Saturdays, Sundays, and legal holidays, the receiving facility shall notify the Department of Social Services about the involuntary commitment; shall perform a full physical examination and make a diagnosis of the patient's condition; and shall make reasonable efforts to notify the woman's next of kin regarding her admission to the facility. The facility further shall develop a personal treatment plan for the patient which will cover the remaining term of the patient's pregnancy and post-partum period. The treatment plan shall address whether further treatment is required and whether such treatment may be rendered on an inpatient or outpatient basis. A full report about the condition and treatment plan of the patient shall be made to the Department of Social Services.
(D) Upon receipt of the evaluation from the treatment facility, the Department of Social Services immediately shall make application to the Probate Court in the county in which the patient is located making available to the court the treatment facility's findings, and proposed plan of treatment evaluation of the patient, and the danger, if any, to the patient and the fetus from the pregnant patient's use of drugs. Such petition and application shall be served on the patient or her representative and on the referring physician or institution.
(E) Within forty-eight hours of the receipt of the application, the Probate Court shall conduct a full hearing and shall receive and hear all relevant testimony including the report of the evaluating facility, and any evidence or testimony offered by the patient, her attorney or representative. The court shall appoint counsel for the patient if counsel has not been and cannot be retained due to the indigency or incompetency of the patient, and if the patient requests counsel if she is competent to do so. The attorney for the patient shall have access to the certificate of the physician required by subsection (A)(1), the treatment facility's findings, the facility's proposed plan of treatment, the order of the court, and any other documents regarding the emergency admission.
(F) If the court finds by clear and convincing evidence that the patient has recently abused or misused drugs and the abuse has endangered or may endanger the patient or her fetus, the court may order appropriate medical and drug abuse care and counseling for the patient until her pregnancy terminates unless sooner released by the treating facility. The court shall retain jurisdiction of this matter until the patient's pregnancy terminates.
(G) The procedure provided in this section shall be in lieu of the procedures provided in Sections 44-52-10 through 44-52-210, with regard to a pregnant woman with a high risk pregnancy due to the abuse of illegal or prescription substances."
SECTION 2. This act takes effect upon approval by the Governor.