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TO ENACT "THE BEHAVIORAL HEALTH SERVICES ACT OF 2006" BY AMENDING SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO DELETE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 1-30-68 SO AS TO PLACE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, THE DEPARTMENT OF MENTAL HEALTH, AND THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN UNDER THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; TO AMEND SECTION 1-30-20, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO PROVIDE THAT THE POWER AND DUTIES OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 1-30-35, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 1-30-70, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF MENTAL HEALTH; TO AMEND SECTION 1-30-110, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE OFFICE OF THE GOVERNOR; TO AMEND SECTION 44-6-30, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO INCLUDE IN THESE DUTIES, ADMINISTRATION OF SERVICES PROVIDED BY THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; TO ADD SECTIONS 44-6-32 AND 44-6-34 SO AS TO PROVIDE THAT ALL MEDICAID FUNDS MUST BE APPROPRIATED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHICH SHALL REIMBURSE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES FOR THOSE MEDICAID SERVICES IT PROVIDES AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP AND ADMINISTER A CENTRAL CARE MANAGEMENT SYSTEM FOR BEHAVIORAL HEALTH SERVICES; TO ADD CHAPTER 8 TO TITLE 44 SO AS TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES COMPRISED OF THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DIVISION OF MENTAL HEALTH, THE DIVISION OF DISABILITIES AND SPECIAL NEEDS, AND THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO PROVIDE FOR THE DEPARTMENT'S POWERS AND DUTIES, INCLUDING DEVELOPING AND IMPLEMENTING A STATE PLAN FOR THE COORDINATED CARE AND UNIFIED DELIVERY OF BEHAVIORAL HEALTH SERVICES AND OVERSEEING THE ADMINISTRATION AND DELIVERY OF BEHAVIORAL HEALTH SERVICES; TO FURTHER PROVIDE THAT THE FINANCING AND THE FINANCING ADMINISTRATION OF THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES IS CENTRALIZED IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND CHAPTER 9, TITLE 44, RELATING TO THE DEPARTMENT OF MENTAL HEALTH AND ITS GOVERNING BOARD, THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF MENTAL HEALTH; TO AMEND CHAPTER 20, TITLE 44, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF DISABILITIES AND SPECIAL NEEDS; TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE DIVISION; AND TO AMEND ARTICLE 23, CHAPTER 7, TITLE 20, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO CONFORM THIS ARTICLE TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE CONTINUUM; TO AMEND SECTIONS 20-7-5210 AND 20-7-5240, RELATING TO THE CREATION AND ADMINISTRATION OF THE CHILDREN'S CASE RESOLUTION SYSTEM, SO AS TO PLACE THIS SYSTEM UNDER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 20-7-5710 AND 20-7-5730, RELATING TO THE CREATION AND ADMINISTRATION OF THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO PLACE THIS INTERAGENCY SYSTEM UNDER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTIONS 44-7-2520, 44-7-2570, AND 44-7-2600, RELATING TO BABYNET SERVICES PROVIDED TO INFANTS AND TODDLERS WITH DISABILITIES AND SPECIAL NEEDS, SO AS TO TRANSFER THIS PROGRAM FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE DIVISION OF DISABILITIES AND SPECIAL NEEDS IN THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO CONFORM THESE SECTIONS WITH THE PROVISIONS OF THIS ACT.
Whereas, the General Assembly finds that individuals who need treatment or services for mental illness, mental retardation, autism or related disabilities, head and spinal cord injuries, or substance abuse often must seek services from multiple providers, resulting in expensive duplication of services and uncoordinated services; and
Whereas, an integrated service delivery system would help eliminate duplication of services and would reduce costs attendant to such duplication, while also establishing a framework that would provide better coordination of services and care to clients; and
Whereas, the reorganization of certain health and human services agencies into an integrated behavioral health services agency would provide a more cost effective, coordinated service delivery system for all South Carolinians in need of these services. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Behavioral Health Services Act of 2006".
SECTION 2. Section 1-30-10(A) of the 1976 Code is amended to read:
"(A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Behavioral Health Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs Reserved
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health Reserved
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole, and Pardon Services
16. Department of Public Safety
17. Department of Revenue
18. Department of Social Services
19. Department of Transportation."
SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-68. Effective on July 1, 2006, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Behavioral Health Services:
(1) Department of Alcohol and Other Drug Abuse Services, formerly provided for at Section 44-49-10, et seq.;
(2) Department of Disabilities and Special Needs, formerly provided for at Section 44-20-10, et seq.;
(3) Department of Mental Health, formerly provided for at Section 44-9-10, et seq.; and
(4) Continuum of Care for Emotionally Disturbed Children, formerly provided for at Section 20-7-5610, et seq."
SECTION 4. Section 1-30-20 of the 1976 Code is amended to read:
"Section 1-30-20. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A1) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B2) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
(B) Effective on July 1, 2006, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services."
SECTION 5. Section 1-30-35 of the 1976 Code is amended to read:
"Section 1-30-35. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.:
(A1) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B2) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C3) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.
(B) Effective July 1, 2006, the Department of Disabilities and Special Needs, as contained in subsection (A), including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included under another department, is transferred to and incorporated in and shall be administered as part of the Department of Behavioral Health Services, Division of Disabilities and Special Needs, and all powers, duties, obligations and responsibilities of the Department of Disabilities and Special Needs are devolved upon the Department of Behavioral Services, Division of Disabilities and Special Needs."
SECTION 6. Section 1-30-70 of the 1976 Code is amended to read:
"Section 1-30-70. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
(B) Effective on July 1, 2006, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to and incorporated in and shall be administered as part of the Department of Behavioral Health Services, Division of Mental Health, and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Behavioral Health Services, Division of Mental Health."
SECTION 7. Section 1-30-110 of the 1976 Code is amended to read:
"Section 1-30-110. Effective July 1, 1993 2006, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.; Reserved
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;"
SECTION 8. Section 44-6-30 of the 1976 Code, as last amended by Act 263 of 2004, is further amended to read:
"Section 44-6-30. The department shall:
(1) shall administer Title XIX of the Social Security Act (Medicaid), including services provided by the Department of Behavioral Health Services, the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System;
(2) be is designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act;
(3) be is prohibited from engaging in the delivery of services."
SECTION 9. Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-32. The General Assembly shall appropriate all state and federal Medicaid funding for the administration and delivery of behavioral health services to the Department of Health and Human Services which shall reimburse the Department of Behavioral Health Services for the delivery of Medicaid services in accordance with state and federal law and pursuant to the State Plan for Behavioral Health Services developed in accordance with Section 44-8-10.
Section 44-6-34. The Department of Health and Human Services shall provide a central care management system for behavioral health services to ensure accountability and the coordinated, efficient delivery of these services. This system may be developed and administered by the Department of Health and Human Services or on a contractual basis with third-party providers. The system must:
(1) ensure that funding is expended to the maximum benefit of the client in the most cost efficient manner;
(2) provide utilization management services to match client needs to appropriate services using objective criteria;
(3) provide administrative services, including provider credentialing, network development and management, claims processing, and case management;
(4) apply uniform standards of participation to all providers, both public and private."
SECTION 10. Title 44 of the 1976 Code is amended by adding:
Section 44-8-10.(A) There is created the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services, the Division of Mental Health, the Division of Disabilities and Special Needs, and the Continuum of Care for Emotionally Disturbed Children.
(B) The department shall:
(1) develop the State Plan for Behavioral Health Services which must provide for a unified system for the delivery of coordinated, client-centered behavioral health services;
(2) submit the state plan required pursuant to item (1) to the Department of Health and Human Services and submit such periodic reports as the Department of Health and Human Services may request;
(3) oversee the administration and delivery of behavioral health services.
Section 44-8-20. The Department of Health and Human Services shall reimburse the Department of Behavioral Health Services for all expenditures for the administration and delivery of behavioral health services in accordance with Section 44-6-32.
Section 44-8-30 (A)(1) There is established the Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes.
(2) The advisory committee must be composed of:
(a) the director, or a designee, of the Department of Behavioral Health Services, who shall serve as the chairperson of the advisory committee;
(b) two representatives of the Division of Mental Health appointed by the director of the division, one of whom may be the director of the division;
(c) two representatives of the Division of Disabilities and Special Needs appointed by the director of the division, one of whom may be the director of the division;
(d) two representatives of the Division of Alcohol and Other Drug Abuse Services appointed by the director of the division, one of whom may be the director of the division;
(e) one representative of the Continuum of Care for Emotionally Disturbed Children appointed by the Director of the Continuum;
(f) two professionals with expertise in the field of mental health services appointed by the Governor;
(g) two professionals with expertise in the area of services provided by the Division of Disabilities and Special Needs appointed by the Governor;
(h) two professionals with expertise in the field of alcohol and other drug abuse services appointed by the Governor;
(i) one professional with expertise in the field of children's mental health services appointed by the Governor;
(j) two recipients of services of the Division of Mental Health, or a family member of a recipient of these services, appointed by the Governor;
(k) two recipients of services of the Division of Disabilities and Special Needs, or a family member of a recipient of these services, appointed by the director of the department;
(l) two recipients of services of the Division of Alcohol and Other Drug Abuse Services, or a family member of a recipient of these services, appointed by the Governor;
(m) one family member of a recipient of services from the Continuum of Care for Emotionally Disturbed Children appointed by the Governor.
In appointing members to the advisory committee, the director shall select members who are representative of the ethic, gender, rural, and urban diversity of the State.
Members shall serve terms of five years and until their successors are appointed and qualify. However, of the initial appointees, six must be appointed for five years, six must be appointed for four years, six must be appointed for three years, and four must be appointed for two years. Members other than initial appointees may not be reappointed unless they are filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term. Members representing divisions shall serve ex officio at the pleasure of the division director.
(3) Before March 1, 2007, the advisory committees to the divisions shall submit to the department's advisory committee recommendations for changes to the department's organizational structure and to the service delivery system. The department advisory committee shall specifically evaluate the most efficient and effective methods of delivering services to individuals who need services from more than one of the divisions within the department, and taking into consideration the recommendations of the division advisory committees the advisory committee shall submit before January 1, 2008, recommendations to the director of the department concerning the organizational structure of the department and what changes, if any, are recommended to establish a service delivery system that will provide the most cost-efficient delivery of services, while providing individuals with the most coordinated and effective system of care.
(4) Before January 1, 2009, the director, taking into consideration the recommendations of the advisory committee, shall submit to the General Assembly for review a plan for a unified, coordinated service delivery system for the department and any organizational changes needed to carry out this plan. Notwithstanding any other provision of law, the director has the authority to reorganize the department through consolidation, subdivision, or other methods of reorganization, and any such reorganization supersedes the divisions established in the Department of Behavioral Health Services pursuant to law. However, the director must not implement this plan and any reorganization of the department before July 1, 2009. Although no legislative approval is required for the director to implement the plan, the General Assembly, before July 1, 2009, by joint resolution, approved by a two-thirds vote in each body, may disapprove the plan. Any other approval procedures for department reorganization in effect on July 1, 2006, no longer apply.
(B) In addition to the matters that the director's advisory committee must review pursuant to subsection (A), the advisory committee also shall study the division advisory boards established pursuant to law, and local boards and agencies to determine whether these boards and agencies contribute to the effectiveness, efficiency, and accountability of the department, including with regard to local boards and agencies, duplication of services and administrative costs, and shall make recommendations as to retaining, reorganizing, or abolishing these boards and agencies, and the legislative action, if any, needed to carry out these recommendations.
(C) The director has the authority to create and appoint other standing or ad hoc advisory committees in his discretion to assist the department in particular areas of public concern or professional expertise as the director considers appropriate. These committees, including the advisory committee created pursuant to subsection (A), shall serve at the pleasure of the director, and committee members may not receive salary or per diem but are entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties, not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
Section 44-8-40.(A) The department shall promulgate regulations, which must include, but are not limited to, criteria and definitions for eligibility determination, standards for the delivery of services, content and development and revision of individual client plans, including participation by the client and family in the development and revision of the plan, fee structures for services rendered and charges that may be incurred, client safety, protection, and security procedures, and procedures to appeal agency decisions. These regulations must require statewide consistency and uniformity of rights and services for all client populations served by the department. The regulations must require the department to provide each client an individualized service delivery plan addressing the particular needs of each client. To ensure uniformity statewide and across client populations, regulations promulgated by the department pursuant to this section apply to local entities that are operated by or contract with the department or its divisions, services, or programs or local boards created pursuant to state law to provide services to department clients.
(B) The department also shall promulgate regulations for the licensure and regulation of facilities operated by or under contract with the department, including, but not limited to, standards of care, staff client ratios, client and staff safety and security, operational procedures, applicable fees, facility and record inspections, notification procedures for program deficiencies, grounds for suspension or revocation of licenses, and procedures for licensure application and renewal and for appeal of department decisions.
Section 44-8-310. The department may accept gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind for its use in furthering the purpose of the department. However, no such gift or grant may be accepted upon the condition that it shall diminish an obligation due the department. The department may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility, program, or service must be used for that facility, program, or service only, or to its successor. The department may promulgate rules governing the disposition of such gifts and grants.
Section 44-8-320. (A) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on behavioral health services and the needs, problems, and services for clients of the department.
(B) The department may enter into contracts for educational and research activities without performance bonds.
Section 44-8-330. The department may acquire motor vehicle liability insurance for employees operating vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44-8-340. (A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the Department of Behavioral Health Services, as the successor agency to the South Carolina Department of Disabilities and Special Needs, which was the successor agency to the South Carolina Department of Mental Retardation.
(B) The State Budget and Control Board shall cause to be executed and recorded an appropriate deed conveying the tract to the Department of Behavioral Health Services.
(C) Proceeds of a subsequent sale of the tract that is the subject of this section may be retained by the Department of Behavioral Health Services.
Section 44-8-350. The department may sell timber from it's forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44-8-360. All departments, officers, agencies, and employees of the State shall cooperate with the Department of Behavioral Health Services in carrying out the department's functions, duties, and responsibilities. The Attorney General shall furnish such legal services as are necessary to the department."
SECTION 11. Chapter 9, Title 44 of the 1976 Code is amended to read:
Section 44-9-10. There is hereby created the State Department Division of Mental Health within the Department of Behavioral Health Services which shall have jurisdiction over all of the State's mental hospitals, clinics and centers, joint State and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.
Section 44-9-20. All the powers and duties vested in the South Carolina State Department of Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department of Behavioral Health Services, Division of Mental Health. All records, files and other papers belonging to the South Carolina State Department of Mental Health Commission shall be continued as part of the records and files of the Department of Behavioral Health Services, Division of Mental Health.
Section 44-9-30. (A)(1) There is created the governing an advisory board for the State Department Division of Mental Health known as the South Carolina Mental Health Advisory Commission. The commission consists of seven nine members appointed by the Governor, upon the advice and consent of the Senate, as follows:
(a) ; one member must be from each of the six congressional districts; and
(b) one member three members must be from the State at large. Of the nine members, three must be recipients of services provided by the division, or family members of recipients of these services. In appointing members to the advisory board, the governor shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State.
(2) The Governor shall consider consumer and family representation when appointing members.
(B) The Members serve for terms of five years and until their successors are appointed and qualify and may not be reappointed unless filling a vacancy for an unexpired portion of a term. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The advisory commission shall determine advise the division on policies and promulgate regulations governing the operation of the department division and the employment of professional and staff personnel and shall make recommendations to the department's advisory board pursuant to Section 44-8-30(A)(3).
(D) The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 44-9-40. The Mental Health Commission Director of the Department of Behavioral Health Services shall appoint and remove a state director of mental health, who is the chief executive officer of the State Department Division of Mental Health. Subject to the supervision and control of the Mental Health Commission Director of the Department of Behavioral Health Services,. The State Director of Mental Health shall administer the policies and regulations established by the commission Department of Behavioral Health Services on behalf of the Division of Mental Health. The State Director of Mental Health must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The State Director Mental Health must shall appoint and remove all other officers and employees of the Department Division of Mental Health, subject to the approval of the Mental Health Commission Director of the Department of Behavioral Health Services.
Section 44-9-50. The Department Division of Mental Health may be divided into such divisions subdivisions as may be authorized by the Director of Mental Health the Department of Behavioral Health Services and approved by the commission. These divisions subdivisions may be headed by deputy commissioners directors, but any deputy commissioner director heading a medical division must be a medical doctor duly licensed in South Carolina. One of the divisions shall subdivisions must be a Division the Office on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. As of July 1, 2006, inpatient alcohol treatment facilities operated by the South Carolina State Agency of Vocational Rehabilitation are transferred to, incorporated with, and must be administered by the Division of Mental Health. One of the divisions shall subdivisions must be a Division the Office for Long-Term Care which shall have primary responsibility for care and treatment of elderly persons who are mentally and physically handicapped to the extent that their needs are not met in other facilities either public or private.
Section 44-9-60. The State Director of the Department Division of Mental Health may appoint a superintendent of each hospital, with the approval of the Mental Health Commission Director of the Department of Behavioral Health Services. Each superintendent shall be knowledgeable in the treatment of the mentally ill and in hospital administration. The superintendent of each institution under the jurisdiction of the Department Division of Mental Health shall be responsible for the employment of all personnel at the institution, subject to the approval of the director of the department. The state director may serve as superintendent of one or more hospitals or other mental health facilities.
Section 44-9-70. The State Department Division of Mental Health is hereby designated as the State's mental health authority for purposes of administering Federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended, however, these funds must be appropriated to the Department of Health and Human Services for disbursal to the Department of Behavioral Health Services, Division of Mental Health in accordance with Section 44-6-32. The State Department Division of Mental Health is further designated as the state agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in Federal-State grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that nothing in this article shall be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code of Laws and amendments thereto.
Section 44-9-80. Payments made to a mental health facility which are derived in whole or in part from Federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State Department Division of Mental Health to improve South Carolina's comprehensive mental health program.
Section 44-9-90. The Commission Department of Behavioral Health Services through the Division of Mental Health shall have the following rights, powers and duties:
(1) It shall form a body corporate in deed and in law with all the powers incident to corporations;.
(2) It shall cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined therein because of emergency;.
(3) It shall inaugurate and maintain an appropriate mental health education and public relations program;.
(4) It shall collect statistics bearing on mental illness, drug addiction, and alcoholism, as well as study the cause, pathology, and prevention of mental defects and diseases;.
(5) It shall provide moral and vocational training and medical and surgical treatment which will tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, mental defectiveness, epilepsy, drug addiction and alcoholism; and.
(6) It shall encourage the superintendents of institutions and their medical staffs in the investigation and study of these subjects and of mental hygiene in general;.
(7) It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce and prevent mental illness and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction and alcoholism for citizens of this State, whether or not in an institution. The system shall include services to prevent or postpone the commitment or recommitment of citizens to mental health institutions.
Section 44-9-100. The commission Department of Behavioral Health Services through the Division of Mental Health may:
(1) prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52;
(2) require reports from the superintendent of an institution relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;
(3) investigate complaints made by a patient or by a person on behalf of a patient;
(4) adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient institutionalization of the mentally ill, psychotic senile, drug addicted, or alcoholic;
(5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.
Section 44-9-110. The Mental Health Commission may accept on behalf of the Department of Mental Health or any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the Department. The Commission may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The Commission may promulgate rules and regulations governing the disposition of such gifts and grants.
Section 44-9-120. The Commission Department of Behavioral Health Services shall submit an annual report to the Governor before the eleventh day of January of each year setting forth it's the Division of Mental Health's activities, the financial affairs and the state and condition of the State mental health facilities and any other statistical information which is usually required of facilities of the type over which it the division has charge. The report shall include any recommendations which in the opinion of the Commission department will improve the mental health program of the State. A copy of the report shall also be submitted to the General Assembly.
Section 44-9-160. Wherever in the 1976 Code reference is made to the State Hospital, it shall mean a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean the superintendent or his designee; and wherever reference is made to the State Commissioner of Mental Health, it shall mean the State Director of the Department Division of Mental Health."
SECTION 12. Article 1, Chapter 20, Title 44 of the 1976 Code is amended to read:
Section 44-20-10. This chapter may be cited as the "South Carolina Mental Retardation, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act".
Section 44-20-20. The State of South Carolina recognizes that a person with mental retardation, a related disability, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with mental retardation, related disabilities, head injuries, or spinal cord injuries by providing services to enable them to participate as valued members of their communities to the maximum extent practical and to live with their families or in family settings in the community in the least restrictive environment available.
When persons with mental retardation, related disabilities, head injuries, or spinal cord injuries cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical.
In order to plan and coordinate state and locally funded services for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries, a statewide network of local boards of disabilities and special needs is established. Services will be delivered to clients in their homes or communities through these boards and other local providers.
It is recognized that persons with mental retardation, related disabilities, head injuries, or spinal cord injuries have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities.
South Carolina recognizes the value of preventing mental retardation, related disabilities, head injuries, and spinal cord injuries through education and research and supports efforts to this end.
The State recognizes the importance of the role of parents and families in shaping services for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries as well as the importance of providing services to families to enable them to care for a family member with these disabilities.
Admission to services of the South Carolina Department of Behavioral Health Services, Division of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client.
Section 44-20-30. As used in this chapter:
(1) 'Applicant' means a person who is believed to have mental retardation, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department Division of Disabilities and Special Needs.
(2) 'Client' is a person who is determined by the Department Division of Disabilities and Special Needs to have mental retardation, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.
(3) 'Commission' means the South Carolina Advisory Commission on Disabilities and Special Needs, the policy-making and governing an advisory body of the Department Division of Disabilities and Special Needs.
(4) 'County disabilities and special needs boards' means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and recognized by the department division.
(5) 'Day programs' are programs provided to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department Division of Disabilities and Special Needs.
(6) 'Department Division' means the South Carolina Department of Behavioral Health Services, Division of Disabilities and Special Needs.
(7) 'State Director' means the South Carolina State Director of the Department Division of Disabilities and Special Needs, the chief executive director officer appointed by the commission Director of the Department of Behavioral Health Services.
(8) 'High risk infant' means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that for the general population.
(9) 'Least restrictive environment' means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible.
(10) 'Improvements' means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the department directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment.
(11) 'Mental retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
(12) 'Disabilities and special needs services' are activities designed to achieve the results specified in an individual client's plan.
(13) 'Obligations' means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the commission Department of Behavioral Health Services on behalf of the Division of Disabilities and Special Needs pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Budget and Control Board.
(14) 'Regional residential center' is a twenty-four hour residential facility serving a multi-county area and designated by the department division.
(15) 'Related disability' is a severe, chronic condition found to be closely related to mental retardation or to require treatment similar to that required for persons with mental retardation and must meet the following conditions:
(a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to mental retardation because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with mental retardation and requires treatment or services similar to those required for these persons.
(b) It is manifested before twenty-two years of age.
(c) It is likely to continue indefinitely.
(d) It results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living.
(16) 'Residential programs' are services providing dwelling places to clients for an extended period of time with assistance for activities of daily living ranging from constant to intermittent supervision as required by the individual client's needs.
(17) 'Revenues' or 'its revenues' means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients.
(18) 'State capital improvement bonds' means bonds issued pursuant to Act 1377 of 1968.
(19) 'State board' shall mean the State Budget and Control Board as constituted pursuant to Chapter 11, Title 1.
(20) 'Department' means the Department of Behavioral Health Services.
Section 44-20-210. (A) There is created the South Carolina Advisory Commission on Disabilities and Special Needs. The commission consists of seven nine members. One member must be a resident of each congressional district and one three must be from the State at large to be appointed by the Governor upon the advice and consent of the Senate. Of the nine members, three must be recipients of services provided by the division, or family members of recipients of these services. In appointing members to the advisory commission, the governor shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State. They Members shall serve for four terms of five years and until their successors are appointed and qualify and may not be reappointed unless filling a vacancy for an unexpired portion of a term. Members of the advisory commission are subject to removal by the Governor pursuant to the provisions of Section 1-3-240. A vacancy may be filled by the Governor for the unexpired portion of the term.
(B) The advisory commission members shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions.
(C) On July 1, 1993 2006 the Commission on Mental Retardation becomes the Commission on Disabilities and Special Needs becomes the Advisory Commission on Disabilities and Special Needs. The commissioners continue to serve until their terms expire and their successors are appointed and qualify.
Section 44-20-220. The commission Director of the Department of Behavioral Health Services shall determine the policy and promulgate regulations governing the operation of the department division and the employment of professional staff and personnel. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission and shall appoint and in its discretion remove a South Carolina state director of disabilities and special needs who is the chief executive officer of the department division. The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its responsibilities. The State Director of Disabilities and Special Needs shall employ professional staff and personnel subject to the approval of the Director of the Department of Behavioral Health Services. The commission state director of Disabilities and Special Needs may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. The commission Department of Behavioral Health Services is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to mental retardation, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the commission department must consult with the advisory committee of the division board of the subdivision for which the regulations shall apply.
Section 44-20-225. The Governor shall appoint a seven-member consumer advisory board with the advice and consent of the Senate for each of the following divisions: the Mental Retardation Division, the Autism Division, and the Head and Spinal Cord Injury Division. One member must be a resident of each congressional district, and one must be from the State at large.
The membership of each advisory board must consist of persons with knowledge and expertise in the subject area of that division. In making such appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed.
The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions.
Terms of the members shall be for four years and until their successors are appointed and qualify, except that of the original appointees, two shall be appointed for a period of two years, two shall be appointed for a period of three years, and three shall be appointed for a period of four years.
Section 44-20-230. Subject to the supervision, direction, and control of the commission Director of the Department of Behavioral Health Services, the state director of Disabilities and Special Needs shall administer the policies and regulations established by the commission department. The state director may appoint and in his discretion remove all other officers and employees of the department subject to the approval of the commission Director of the Department of Behavioral Health Services.
Section 44-20-240. There is created the South Carolina Department Division of Disabilities and Special Needs within the Department of Behavioral Health Services which has authority over all of the state's services and programs for the treatment and training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department division must be comprised of a an Office of Mental Retardation Division, an Office of Autism Division, and a an Office of Head and Spinal Cord Injuries Division. The department division may be divided into additional divisions subdivisions as may be determined by the state director and approved and named by the commission Director of the Department of Behavioral Health Services. Responsibility for all autistic services is transferred from the Department of Mental Health to the Department The Division of Disabilities and Special Needs has responsibility for all autism services in the State.
Section 44-20-250. The department division shall coordinate services and programs with other state and local agencies for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. The department division may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with mental retardation, related disabilities, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department division has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental division services. The department division shall develop service standards for programs of the department division and for programs for which the department division may contract and shall review and evaluate these programs on a periodic basis.
Section 44-20-255. (A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the South Carolina Department of Disabilities and Special Needs as the successor agency to the South Carolina Department of Mental Retardation.
(B) The State Budget and Control Board shall cause to be executed and recorded an appropriate deed conveying the tract to the South Carolina Department of Disabilities and Special Needs.
(C) Proceeds of a subsequent sale of the tract that is the subject of this section may be retained by the South Carolina Department of Disabilities and Special Needs.
Section 44-20-260. The department division, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of mental retardation, related disabilities, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180.
Section 44-20-270. The department division is designated as the state's mental retardation, related disabilities, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for mental retardation programs, related disability programs, head injury programs, and spinal cord injury programs; however, these funds must be appropriated to the Department of Health and Human Services for disbursal to the Department of Behavioral Health Services, in accordance with Section 44-6-32. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control or to the South Carolina Department of Vocational Rehabilitation or the administration of the 'State Hospital Construction and Franchising Act'.
Section 44-20-280. The department division may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and may expend the grants, upon disbursal of the Department of Health and Human Services under the terms and conditions of the award.
Section 44-20-290. The State Director of Disabilities and Special Needs or his designee may employ at regional centers security guards who are vested and charged with the powers and the duties of peace officers. They may arrest felons and misdemeanants, eject trespassers, and, without warrant, arrest persons for disorderly conduct who are trespassers on the grounds of the regional center and have them tried in a court of competent jurisdiction. Officers so employed must be bonded and under the direct supervision of the South Carolina Law Enforcement Division and shall report directly to the state director or his designee.
Section 44-20-300. The department may acquire motor vehicle liability insurance for employees operating vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44-20-310. The department may sell timber from it's forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44-20-320. The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with mental retardation, related disabilities, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department for services rendered. The commission may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department they must remain and be used for that program only or to its successor program.
Section 44-20-330. The Department may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department for the construction of water, sewer, drainage, natural gas, telephone, telegraph, and electric power lines.
Section 44-20-340. (A) A person, hospital, or other organization may provide information, interviews, reports, statements, written memoranda, documents, or other data related to the condition and treatment of a client or applicant to the department division, and no liability for damages or other relief arises against the person, hospital, or organization for providing the information or material.
(B) All records pertaining to the identity of a person whose condition or treatment has been studied by the department division are confidential and privileged information. However, upon the written request of the client, the client's or applicant's parent with legal custody, legal guardian, or spouse with the written permission of the client or applicant or under subpoena by a court of law, the department division may furnish pertinent records in its possession to appropriate parties.
Section 44-20-350. (A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department division or any other agency authorized by the department division to offer services to clients is a just obligation of the person with mental retardation, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section.
(B) The department division or an agency authorized by the department division to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the department's division's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the department division initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The commission Director of the Department of Behavioral Health Services shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon its findings.
(C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the department division for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The department division with the approval of the commission Director of the Department of Behavioral Health Services may determine for which services it charges.
(D) The department shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the department information or evidence to be considered in establishing charges. The department may utilize legal procedures to collect lawful claims.
(E) The department may establish by regulation charges, as provided for in Section 44-8-40, fees for other all services it renders rendered by the department and charges that may be incurred through services provided to the department and guidelines for deviations from these fees and charges.
Section 44-20-355. The department division shall assess and collect a fee on all Intermediate Care Facilities for the Mentally Retarded, as defined in Section 44-7-130(19). Providers holding licenses on these facilities shall pay to the department division a fee equal to eight dollars and fifty cents a patient day in these facilities. The department division shall pay all proceeds from the fee into the general fund of the State.
Section 44-20-360. (A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent school districts in general.
(B) The commission Director of the Division of Disabilities and Special Needs operates as the board of trustees for these districts for administrative purposes, including the receipt and expenditure of funds granted to these districts for any purpose.
Section 44-20-365. No regional center of the department may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed.
Section 44-20-370. (A) The department division shall:
(1) notify applicants when they have qualified under the provisions of this chapter;
(2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the department or through other fiscal resources under its control;
(3) review service plans submitted by county boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds;
(4) review county programs covered in this chapter;
(5) offer consultation and direction to county boards;
(6) take other action not inconsistent with the law to promote a high quality of services to persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families.
(B) The department division shall seek to develop and utilize the most current and promising methods for the training of persons with mental retardation, related disabilities, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The department division shall disseminate these methods to county boards and programs providing related services.
Section 44-20-375. (A) Before July 1, 1992, county boards of disabilities and special needs must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law and the process for appointing board members which existed on January 1, 1991, must be preserved in the ordinance. However, where the county legislative delegation or county council recommends board members to the appointing authority, the delegation may transfer its authority to recommend to the council or the council may transfer its authority to the delegation. If there is a transfer, preservation of the authority to recommend existing on January 1, 1991, is not required, and the new recommending authority must be contained in the ordinance.
(B) County boards of disabilities and special needs established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).
(C) After June 30, 1992, the department division shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with mental retardation, related disabilities, head injuries, spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).
(D) A county board of disabilities and special needs is a public entity.
(E) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(F) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
Section 44-20-378. A county board of disabilities and special needs established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
Section 44-20-380. (A) County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries and their families.
(B) County boards may apply to the department division for funds for community services development under the terms and conditions as may be prescribed by the department division. The department division shall review the applications and, subject to state appropriations available to the department or to other funds under the department's control available to the department, may fund the programs it considers in the best interest of service delivery to the citizens of the State with mental retardation, related disabilities, head injuries, or spinal cord injuries.
(C) Subject to the approval of the department division, county boards may seek state or federal funds administered by state agencies other than the department division, funds from local governments or from private sources, or funds available from agencies of the federal government. The county boards may not apply directly to the General Assembly for funding or receive funds directly from the General Assembly.
Section 44-20-385. Subject to the provisions of this chapter and the regulations of the department each county disabilities and special needs board:
(1) is the administrative, planning, coordinating, and service delivery body for county disabilities and special needs services funded in whole or in part by state appropriations or funding from other sources disbursed to the department or funded from other sources under the department's control. It is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real and mortgage property and erect and maintain buildings. The department division shall approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State. However, the department division has no responsibility for the debt so approved;
(2) shall submit an annual plan and projected budget to the department division for approval and consideration of funding;
(3) shall review and evaluate on at least an annual basis the county disabilities and special needs services provided pursuant to this chapter and report its findings and recommendations to the department division;
(4) shall promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources;
(5) shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county mental retardation, related disabilities, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department; division;
(6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies;
(7) shall provide the department division records, reports, and access to its sponsored services and facilities the department division may require and submit its sponsored services and facilities to licensing requirements of the department division or to the licensing requirements of other state or local agencies having this legal authority;
(8) shall represent the best interest of persons with mental retardation, related disabilities, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations.
Section 44-20-390. (A) In order to provide assistance to families and individuals the department division shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the department division. If upon completion of the assessment the applicant is determined to have mental retardation, a related disability, head injury, or spinal cord injury and be in need of services, he may become a client of the department division and eligible for services. A service plan must be designated for each person assessed. A person determined to have mental retardation, a related disability, head injury, or spinal cord injury and who chooses to become a client of the department division, must be provided with the delivery or coordination of services by the department division. A person determined not to have mental retardation, a related disability, head injury, or spinal cord injury may be provided by the department division with referral and assistance in obtaining appropriate services or further evaluation.
(B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The department division shall determine the 'least restrictive environment' and may contract with individuals or organizations for a reasonable sum as determined by the department division to provide the services. The department division shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The department division shall develop standards prescribing the service plan review.
(C) No individual believed to have mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the department division until he has been examined at a diagnostic center of the department division or a diagnostic center approved by the department division and certified by the department division on the basis of acceptable data to have mental retardation, a related disability, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's division's services.
(D) The applicant shall meet residency requirements in at least one of the following categories:
(1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina.
(2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the department's division's satisfaction his intent to return to South Carolina.
(3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.
Section 44-20-400. Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with mental retardation, a related disability, head injury, or spinal cord injury may be admitted to the services of the department division for evaluation and diagnosis and shall remain in the residential services of the department division for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the state director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental division policies as regular admissions. The department division may prescribe the form of the written application for diagnostic services.
Section 44-20-410. A person who is determined to be eligible for services is subject to the following considerations regarding his order of admission to services and programs:
(1) relative need of the person for special training, supervision, treatment, or care;
(2) availability of services suitable to the needs of the applicant.
Section 44-20-420. The director or his designee may designate the service or program in which a client is placed. The appropriate services and programs must be determined by the evaluation and assessment of the needs, interests, and goals of the client The department, pursuant to Section 44-8-40, shall promulgate regulations establishing criteria for assessing client needs, eligibility determination, and service delivery, with which the division shall comply in carrying out its responsibilities under Sections 44-20-390 through 44-20-410.
Section 44-20-430. The director or his designee has the final authority over applicant eligibility, determination, or services and admission order, subject to policies adopted by the commission.
Section 44-20-440. Subject to the availability of suitable services and programs and subject to the provisions of 'Requirement for Admission to Services', 'Order in which Person May be Admitted', and 'Final Authority over Eligibility', the state director or his designee may admit a client to the services of the department division upon the written request of the parents of the person with mental retardation, a related disability, head injury or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with mental retardation, a related disability, head injury, or spinal cord injury seeking to be admitted to the department's division's services if the person is twenty-one years of age or over and competent to make the decision. The department division shall prescribe the form of the application for services.
Section 44-20-450. (A) Proceedings for the involuntary admission of a person with mental retardation or a related disability to the services of the department division may be initiated by the filing of a verified petition with the probate or the family court by:
(1) the spouse;
(2) a relative;
(3) the parents;
(4) a parent with legal custody;
(5) the legal guardian of the person;
(6) the person in charge of a public or private institution in which the individual is residing at the time;
(7) the director of the county department of social services of the county in which the person resides; or
(8) a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).
Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department division must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have mental retardation or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have mental retardation or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have mental retardation or a related disability is found, he must be notified of the right to an attorney at the hearing.
(B) The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have mental retardation or a related disability or at another place considered appropriate by the court. The person alleged to have mental retardation or a related disability does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have mental retardation or a related disability or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present.
(C) A report of the person in charge of the examination of the person alleged to have mental retardation or a related disability at the diagnostic center referred to in 'Requirement for Admission' must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced.
(D) If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have mental retardation or a related disability to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition.
(E) If the person is found by the court to have mental retardation or a related disability and be in need of placement in a facility or service program of the department division, the court shall order that he be admitted to the jurisdiction of the department division as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court.
(F) The department division shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with mental retardation or a related disability. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with mental retardation or a related disability to a program the department division designates.
(G) A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with mental retardation or a related disability must be placed in protective custody in either a facility of the department division or in some other suitable place designated by the court. No person with mental retardation or a related disability must be confined in jail unless there is a criminal charge pending against him.
Section 44-20-460. (A) A person admitted or committed to the services of the department division remains a client and is eligible for services until discharged. When the department division determines that a client admitted to services is no longer in need of them, the state director or his designee may discharge him. When the only basis of the department's division's provision of services to a client is that he is a person with mental retardation or a related disability and it is determined that he is no longer in that condition, the state director or his designee shall discharge him as soon as practical. A client of the department division who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the state director or his designee may prescribe.
(B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's division's services requests discharge in writing, the client may be detained by the department division for no more than ninety-six hours. However, if the condition of the person is considered by the state director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the state director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the Probate Court or Family Court of the county in which the facility where the person with mental retardation or a related disability resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with mental retardation or a related disability placed in protective custody in either a facility of the department division or in some other suitable place designated by the court.
Section 44-20-470. (A) The department division may return a nonresident person with mental retardation or a related disability admitted to a service or program in this State to the proper agency of the state of his residence.
(B) The department division is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with mental retardation or a related disability in this State or other states.
(C) The department division may detain a person with mental retardation or a related disability returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State.
(D) The expense of returning persons with mental retardation or a related disability to other states must be paid by this State, and the expense of returning residents of this State with mental retardation or a related disability must be paid by the state making the return when interstate agreements to that effect have been negotiated.
Section 44-20-480. When the department division determines, in accordance with regulations promulgated by the department pursuant to Section 44-8-40, and with the participation of the client and the client's family, that the welfare of a client would be facilitated by his placement out of the home, the client must be evaluated by the department division, and the least restrictive level of care possible for the client must be recommended and provided when available. The department division shall determine which levels of care are more restrictive and is responsible for providing a range of placements offering various levels of supervision. The department division may pay an individual or organization furnishing residential alternatives to clients under this section a reasonable sum for services rendered, as determined by the department division.
Section 44-20-490. (A) When the department division determines, in accordance with regulations promulgated by the department pursuant to Section 44-8-40, and with the participation of the client and the client's family, that a client may benefit from being placed in an employment situation, the department division shall regulate the terms and conditions of employment, shall supervise persons with mental retardation, a related disability, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served.
(B) The department division may operate sheltered employment and training programs at its various facilities and in communities and may pay clients employed in these settings from earnings of the program or from other funds available for this purpose.
(C) Clients who receive job training and employment services from the department division must be compensated in accordance with applicable state and federal laws and regulations.
Section 44-20-500. When a client is absent from a facility or program and there is probable cause the client may be in danger, the state director or his designee may issue an order of confinement for the client. This order, when endorsed by the judge of the probate, family, or Circuit Court of the county in which the client is present or residing, authorizes a peace officer to take the client into custody for not more than twenty-four hours and to return him or cause him to be returned to the place designated by the state director or his designee.
Section 44-20-510. Placement of a person with mental retardation, a related disability, head injury, or spinal cord injury in a program of the department division does not preclude his attendance in community-based public school classes when the individual qualifies for the classes.
Section 44-20-710. No day program in part or in full for the care, training, or treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department. For the purpose of this article 'in part' means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article.
Section 44-20-720. The department shall establish minimum standards of operation and license programs provided for in 'Facilities and Programs must be Licensed'.
Section 44-20-730. In determining whether a license may be issued, the department shall consider if the program for which the license is applied conforms with the local and state service plans and if the proposed location conforms to use.
Section 44-20-740. No day program may accept a person who has mental retardation, a related disability, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department in a form and under conditions the department may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned.
Section 44-20-750. The department shall make day program inspections as it may prescribe by regulation. The day programs subject to this article may be visited and inspected by the director or his designees no less than annually and before the issuance of a license. Upon request, each program shall file with the department a copy of its bylaws, regulations, and rates of charges. The records of each licensed program are open to the inspection of the director or his designees.
Section 44-20-760. Information received by the department through licensing inspections or as otherwise authorized may be disclosed publicly upon written request to the department. The reports may not identify individuals receiving services from the department.
Section 44-20-770. The department shall deny, suspend, or revoke a license on any of the following grounds:
(1) failure to establish or maintain proper standards of care and service as prescribed by the department;
(2) conduct or practices detrimental to the health or safety of residents or employees of the day program. This item does not apply to healing practices authorized by law;
(3) violation of the provisions of this article or regulations promulgated under it.
Section 44-20-780. (A) The department shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the department determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant.
(B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with mental retardation, a related disability, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in 'Injunctions; Penalties'.
Section 44-20-790. The procedures governing hearings authorized by 'Notice of Deficiencies . . .' must be in accordance with regulations promulgated by the department. The director may appoint a review team, including consumers, to assist in the collection of information pertinent to the hearing.
Section 44-20-800. An applicant or licensee who is dissatisfied with the decision of the department as a result of the hearing provided for by 'Procedures Governing Disciplinary Hearings . . .' may appeal to a South Carolina administrative law judge as provided in Article 5 of Chapter 23 of Title 1.
Section 44-20-900. (A) The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with mental retardation, a related disability, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge.
(B) A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and two thousand dollars for a subsequent offense. Each day the day program operates after a first conviction is considered a subsequent offense.
Section 44-20-1000. Licensing by the department must be done in conjunction with and not in place of licensing by an agency having responsibilities outside the department's jurisdiction. However, nothing in this section prevents the department from entering into cooperative agreements or contracts with an agency which has or may have licensing responsibilities in order to accomplish the licensing of programs.
Section 44-20-1110. The department has authority for all of the state's disabilities and special needs services and programs.
Section 44-20-1120. The commission may raise monies for the construction of improvements under the terms and conditions of this article.
Section 44-20-1130. The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the commission may not exceed twenty million dollars.
Section 44-20-1140. If the commission determines that improvements are required for a residential regional center or community facility, it may make application for them to the State Budget and Control Board. The application must contain:
(1) a description of the improvements sought and their estimated cost;
(2) the number of paying clients receiving services from the department, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year;
(3) the revenues derived from the paying clients during the preceding three fiscal years;
(4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of monies to be made available to the commission for state capital improvement bonds;
(5) a statement showing the debt service requirements of other outstanding obligations.
Section 44-20-1150. The State Budget and Control Board may approve, in whole or in part, or may modify an application received from the commission. If it finds that a need for the improvements sought by the commission exists, it may contract to make available to the commission funds to be realized from the sale of state capital improvements bonds if it finds that the revenues for the preceding fiscal year, if multiplied by the number of years, which may not exceed twenty, contemplated by the suggested or revised maturity schedule for the repayment of the monies to be made available to the commission, result in the production of a sum equal to not less than one hundred twenty-five percent of the aggregate principal and interest requirement of all outstanding obligations and all obligations to be incurred by the commission.
Section 44-20-1160. Upon receiving the approval of the State Budget and Control Board the commission shall obligate itself to apply all monies derived from its revenues to the payment of the principal and interest of its outstanding obligations and those to be issued and to deliver to the board its obligations.
Section 44-20-1170. (A) Following the execution and delivery of its obligations, the commission shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the commission department under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds.
(B) If the accumulation of revenues of the commission in the special fund exceeds the payment due or to become due during the then current fiscal year and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Budget and Control Board may permit the commission to withdraw the excess and apply it to improvements that have received the approval of the board or to transfer the excess out of the special fund for contract awards to local disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards."
SECTION 13. Chapter 49, Title 44 of the 1976 Code is amended to read:
Section 44-49-10. (A) There is established the Department Division of Alcohol and Other Drug Abuse Services within the Department of Behavioral Health Services. The Department Division of Alcohol and Other Drug Abuse Services shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services and shall have full authority for formulating, coordinating and administering the state plans for controlling narcotics and controlled substances and alcohol abuse.
(B) All functions, powers, and duties of the former commissioner of the narcotics and controlled substances section of the former State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department division, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.
(C) All rules and regulations promulgated by the commissioner of narcotics and controlled substances Department of Alcohol and Other Drug Abuse Services shall remain in effect until changed by the department division.
(D) The department division is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature disbursed to the division for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).
(E) The department is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department to agencies designated under Section 61-12-20(a).
Section 44-49-15. (A) There is created an advisory board for the Division of Alcohol and Other Drug Abuse Services, which consists of nine members appointed by the Governor. One member must be from each of the six congressional districts and three members must be from the State at large. Of the nine members, three must be recipients of services provided by the division, or family members of recipients of these services. In appointing members to the advisory board, the governor shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State.
(B) Members serve for terms of five years and until their successors are appointed and qualify. However, of the initial appointees, three must be appointed for five years, three must be appointed for four years, and three must be appointed for three years. Members may not be reappointed unless serving as an initial appointee or filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The advisory board shall advise the division on policies and regulations governing the operation of the division and the employment of professional and staff personnel and shall make recommendations to the department's advisory board pursuant to Section 44-8-30(A)(3).
(D) Members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 44-49-20. The Department Division of Alcohol and Other Drug Abuse Services shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240 Director of the Department of Behavioral Health Services.
Section 44-49-40. (A) The department division shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.
(B) Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such the Department of Health and Environmental Control, may be relied upon and acted upon by the department division in conformance with its administration and coordinating duties under this Chapter and Article 3 of Chapter 53.
(C)(1) The department division shall:
(1) plan, coordinate and cooperate in educational programs for schools, communities, and general public designed to prevent and deter misuse and abuse of controlled substances;
(2) promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(3) assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(4) consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(5) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(6) disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;
(7) assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances;
(8) encourage research on misuse and abuse of controlled substances;
(9) cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;
(10) cooperate in making studies and in undertaking programs of research to:
(a) develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40, and 44-49-50, and Article 3 of Chapter 53;
(b) determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(c) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances.
(D) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.
(E) The department may enter into contracts for educational and research activities without performance bonds.
(F) The Department is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department. The department is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.
Section 44-49-50. It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department Division of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.
Section 44-49-60. The department division shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem.
In carrying out the provisions of this section the department division and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department Division of Mental Health, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.
Section 44-49-70. The department division shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.
Section 44-49-80. The department division shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department division shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Health and Human Services for disbursal to the Division of Alcohol and Other Drug Abuse Services from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct.
Section 44-49-90. In carrying out its responsibilities under Sections 44-49-60 through 44-49-80, the department shall appoint an ad hoc committee to assist, among other things, in determining the most effective methods to use in educating the public about substance abuse."
SECTION 14. Article 23, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-5610. (A) It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division in the office of the Governor Department of Behavioral Health Services. This article supplements and does not supplant existing services provided to this population.
(B) As of July 1, 2006, managed treatment services provided by the Department of Social Services must be administered and provided by the Continuum of Care for Emotionally Disturbed Children.
Section 20-7-5620. (A) There is created an advisory board for the Continuum of Care for Emotionally Disturbed Children, which consists of nine members appointed by the Governor. One member must be from each of the six congressional districts and three members must be from the State at large. Of the nine members, three must be recipients of services provided by the Continuum, or family members of recipients of these services. In appointing members to the advisory board, the governor shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State.
(B) Members serve for terms of five years and until their successors are appointed and qualify. However, of the initial appointees, three must be appointed for five years, three must be appointed for four years, and three must be appointed for three years. Members may not be reappointed unless serving as an initial appointee or filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.
(C) The advisory board shall advise the Continuum on policies and regulations governing the operation of the continuum and the employment of professional and staff personnel and shall make recommendations to the department's advisory committee pursuant to Section 44-8-30(A)(3).
(D) Members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.
Section 20-7-5640. (A)(1) The Continuum of Care serves children:
(a) who have been diagnosed as severely emotionally disturbed;
(b) who have exhausted existing available treatment resources or services;
(c) whose severity of emotional, mental, or behavioral disturbance requires a comprehensive and organized system of care.
(2) Priority in the selection of clients must be based on criteria to be established by the Continuum of Care in regulation, including the method for establishing these priorities and the rights and procedures for appeals decisions of the Continuum of Care.
(B) Before a court refers a child to the Continuum of Care, it must be given the opportunity to evaluate the child and make a recommendation to the court regarding:
(1) the child's suitability for placement with the Continuum of Care pursuant to the provisions of this article, related regulations, and policies and procedures of administration and operation;
(2) the agencies which offer services most appropriate to meet the child's needs and the proportionate share of the costs among the agencies to meet those needs;
(3) the necessity of obtaining other services for the child if the services provided in item (2) are not available through the existing service delivery system.
Section 20-7-5650. The Continuum of Care shall perform the following duties and functions:
(1) identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;
(2) coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;
(3)(a) augment existing resources by providing or procuring services to complete the range of services needed to serve this population in the least restrictive, most appropriate setting. The scope of services includes, but is not limited to:
1. in-home treatment programs;
2. residential treatment programs;
3. education services;
4. counseling services;
5. outreach services;
6. volunteer and community services.;
(b) provide needed services until they can be procured;
(4) provide case management services directly;
(5) supervise and administer the development and operation of its activities and services on a statewide regional basis.
Section 20-7-5655. (A) Records, reports, applications, and files kept on any client or potential client of the Continuum of Care are confidential and only may be disclosed in order to develop or provide appropriate services for the client or potential client unless:
(1) the client or potential client or his guardian consents;
(2) a court orders the disclosure for conduct of proceedings before it upon a showing that disclosure is in the public interest;
(3) disclosure is necessary for research conducted or authorized by the Continuum of Care; or
(4) disclosure is necessary to any entity or state agency providing or potentially providing services to the client or potential client.
(B) Nothing in this section:
(1) precludes disclosure, upon proper inquiry, of information as to a client's or potential client's current condition to members of his family; or
(2) requires the release of records of which disclosure is prohibited or regulated by federal law.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.
Section 20-7-5660. The Governor Director of the Department of Behavioral Health Services may employ a state director of the Continuum of Care to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The state director shall employ staff necessary to carry out the provisions of this article. The funds for the state director, staff, and other purposes of the Continuum of Care Division must be provided in the annual general appropriations act to the Department of Health and Human Services for disbursal to the Continuum in accordance with Section 44-6-32. The division Department of Behavioral Health Services in conjunction with the Continuum of Care shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article.
Section 20-7-5670. The Department of Health and Human Services on behalf of the Continuum of Care Division shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children."
SECTION 15. Section 20-7-5210 of the 1976 Code is amended to read:
"Section 20-7-5210. There is created the Children's Case Resolution System, referred to in this article as the System, which is a process of reviewing cases on behalf of children for whom the appropriate public agencies collectively have not provided the necessary services. The System must be housed in and staffed by the Governor's Office Continuum of Care for Emotionally Disturbed Children in the Department of Behavioral Health Services."
SECTION 16. Section 20-7-5240(e), (h), and (i) of the 1976 Code are amended to read:
"(e) when unanimous consent is not obtained as required in item (d), a panel must be convened composed of the following persons:
(1) one public agency board member and one agency head appointed by the Governor Director of the Department of Behavioral Health Services. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case;
(2) one legislator appointed by the Governor Director of the Department of Behavioral Health Services upon the recommendation of the Joint Legislative Committee on Children Continuum of Care; and
(3) two members appointed by the Governor Director of the Department of Behavioral Health Services, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the System, who have knowledge of public services for children in South Carolina.
The chairman must be appointed by the Governor Director of the Department of Behavioral Health Services from members appointed as provided in subitem (3) of this item. A decision is must be made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (c) and (d) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the State Budget and Control Board. When the panel identifies similar cases that illustrate a break in the delivery of service to children, either because of restrictions by law or substantial lack of funding, the panel shall report the situation to the General Assembly and subsequently may not accept any similar cases for decision until the General Assembly takes appropriate action, however, the System may continue to perform the functions provided in items (c) and (d).
Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (1) and (2) of this item, and the System is responsible for the compensation of the members appointed in subitem (3) of this item;
(h) submit an annual report on the activities of the System to the Governor, the Joint Legislative Committee on Children, Director of the Department of Behavioral Health Services and agencies designated by the System as relevant to the cases; and
(i) compile and transmit additional reports on the activities of the System, and recommendations for service delivery improvements, as necessary, to the Governor and the Joint Legislative Committee on Children Director of the Department of Behavioral Health Services."
SECTION 17. Section 20-7-5710 of the 1976 Code is amended to read:
"Section 20-7-5710. There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children of the Governor's Office in the Department of Behavioral Health Services, the Department Division of Disabilities and Special Needs, the State Department of Health and Human Services Finance Commission, the Department Division of Mental Health, and the Department of Social Services to be implemented by November 1, 1994. The goal of the system is to implement South Carolina's Families First Policy and to support children in a manner that enables them to function in a community setting. The system shall provide assessment and evaluation procedures to insure a proper service plan and placement for each child. This system must have as a key component the clear identification of the agency accountable for monitoring on a regular basis each child's care plan and procedures to evaluate and certify the programs offered by providers."
SECTION 18. Section 20-7-5730 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 20-7-5730. There is established the Services Fund for Emotionally Disturbed Children. The Interagency System for Caring for Emotionally Disturbed Children, as provided for in Section 20-7-5710, must be paid for solely by the fund and money in the fund must be used only to support the system. The fund must be administered by the Department of Social Services Continuum of Care. The Department of Education shall continue to be billed a share of costs for covered children in the system as provided for under the Children's Case Resolution System. The Department of Social Services Continuum of Care, in conjunction with other agencies participating in the system, shall develop billing and management protocols that maximize the use of the funds available."
SECTION 19. Section 44-7-2520(1) of the 1976 Code is amended to read:
"(1) 'Department' means the Division of Disabilities and Special Needs, Department of Behavioral Health Services which must be the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated."
SECTION 20. Section 44-7-2570(C) of the 1976 Code is amended to read:
"(C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department to the Joint Legislative Committee on Children Division of Disabilities and Special Needs to the Department of Behavioral Health Services on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request."
SECTION 21. Section 44-7-2600 of the 1976 Code is amended to read:
"Section 44-7-2600. By August first of each year the department Division of Disabilities and Special Needs shall submit an annual report to the Joint Legislative Committee on Children Department of Behavioral Health Services regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services."
SECTION 22. Notwithstanding any permanent or temporary provision of law, any enactment, or portion thereof, of the General Assembly in 2005 in conflict with any provision of this act shall be suspended as to its force and effect until March 1, 2006. Where there is no conflict the provisions of any other enactments shall supersede the provisions of this act. For the purposes of this section, 'conflict' shall not include:
(1) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the names of agencies, divisions, or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or
(2) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the governance or structure of an agency, division, or department except so far as such governance or structure is in conflict with another enactment or some portion of another enactment.
SECTION 23. (A) Where the provisions of this act transfer particular state agencies, departments, boards, commissions, committees or entities, or sections, divisions or portions thereof (transferring departments), to another state agency, department, division or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness if applicable, and real and personal property of the transferring department are also transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The boards' action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.
(B) Where an agency, department, entity or official is transferred to or consolidated with another agency, department, division, entity or official, regulations promulgated by that transferred agency, department, entity or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it.
(C) References to the names of agencies, departments, entities or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities or officials, or to provisions of law consolidated with or transferred to other parts of the 1976 Code are considered to be and must be construed to mean appropriate references.
(D) Employees or personnel of agencies, departments, entities or public officials, or sections, divisions or portions thereof, transferred to or made a part of another agency, department, division, or official pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies that formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(E) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, such funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives and the other affected agencies, shall prescribe the manner in which the provisions of subsections (A), (D), and (E) must be implemented where agreement between the affected agencies cannot be obtained.
(G) Where the functions of former agencies have been devolved on more than one department or departmental division, the general support services of the former agency must be transferred to the restructured departments or departmental divisions as provided by the General Assembly in the annual general appropriations act.
(H) The membership of the Legislative Council shall cause the changes to the 1976 Code as contained in this act to be printed in replacement volumes or in cumulative supplements as they consider practical and economical.
SECTION 24. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 25. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 26. This act takes effect July 1, 2006.
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