reglab/housing_qa huggingface dataset:
SC Code § 44-26-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-80. Appeal of decisions concerning services or treatment provided.

 A client or his representative has the right to appeal decisions concerning the services or treatment provided by the department, county/multicounty board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The department shall establish policies and procedures for the review of grievances and the appeal of decisions. The director has final authority.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1090; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-90 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-90. Rights of client not to be denied.

 Unless a client has been adjudicated incompetent, he must not be denied the right to:  (1) dispose of property, real and personal;  (2) execute instruments;  (3) make purchases;  (4) enter into contractual relationships;  (5) hold a driver's license;  (6) marry or divorce;  (7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with department facilities reasonably shall assist clients who express a desire to vote to:  (a) obtain voter registration forms, applications for absentee ballots, and absentee ballots;  (b) comply with other requirements which are prerequisite for voting;  (c) vote by absentee ballot if necessary;  (8) exercise rights of citizenship in the same manner as a person without intellectual disability or a related disability.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-100. General rights of clients; limitations on rights.

 (A) Except to the extent an interdisciplinary team of a residential program determines that it is required by the medical needs, safety, or habilitative goals of the client to impose restrictions, a client may:  (1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, envelopes, and telephones, including reasonable funds or means by which to use telephones, must be provided;  (2) receive visitors. A facility must have a designated area where clients and visitors may speak privately;  (3) wear his clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his money, and keep and use his personal possessions, including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by an intellectual disability professional or physician to be dangerous or otherwise inappropriate to the habilitation regimen. If clothing is provided by the facility, clients must have the opportunity to select from neat, clean, seasonal clothing that allows the client to appear normal in the community. The clothing must be considered to be the client's throughout his stay in the facility;  (4) have access to individual storage space for private use. Personal property of a client brought into the facility and placed in storage by the facility must be inventoried. Receipts must be given to the client and at least one other interested person. The personal property may be reclaimed only by the client or his guardian as long as he is living unless otherwise ordered by the court;  (5) follow or abstain from religious practices. Religious practices may be prohibited by the facility supervisor if they lead to physical harm to the client or to others, harassment of other clients, or damage to property.  (B) The department shall determine what constitutes reasonable access for the rights provided in this section. Limitations imposed on the exercise of the rights by the client and the reasons for the limitations must be made part of the client's record. The limitations are valid for no more than thirty days. The time may be extended an additional thirty days if, upon review, it is determined the client's safety or habilitation warrants limitations of the rights. If the department restricts rights, the reasons for the restriction and why the condition cannot be resolved in a less restrictive manner must be recorded in the client's record.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-110 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-110. Right to daily physical exercise.

 Clients have the right to daily physical exercise. Operators of a facility shall provide indoor and outdoor areas and equipment for this purpose. Clients determined able to be outdoors on a daily basis pursuant to Section 44-26-150 must be allowed this privilege in the absence of contrary medical considerations or during periods of inclement weather.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

 (A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing.  (B) A client or his representative may be refused access to information in the medical and habilitative records if:  (1) provided by a third party under assurance that the information remains confidential;  (2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information.  (C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department director. The director of the residential program shall notify the client or his representative of the right to appeal.  (D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1091; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-130 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-130. Confidentiality of communications with, and records of clients; disclosure.

 (A) Communications between clients and intellectual disability professionals, including general physicians, psychiatrists, psychologists, nurses, social workers, members of interdisciplinary teams, or other staff members employed in a client-therapist capacity or an employee under supervision of them are considered confidential. Certificates, applications, records, and reports made for the purpose of this chapter that directly or indirectly identify a client, as well as privileged communications, must be kept confidential and must not be disclosed by a person unless:  (1) the identified client or his representative consents;  (2) a court directs disclosure upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;  (3) disclosure is required for research conducted or authorized by the department;  (4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state agencies, schools, and county entities;  (5) disclosure is necessary to carry out this chapter.  (B) Nothing in this section precludes disclosure:  (1) upon proper inquiry, of information as to a client's current medical condition, to appropriate next of kin;  (2) if the information is used in an educational or informational capacity if the identity of the client is concealed;  (3) of information to the Governor's ombudsman office or the South Carolina Protection and Advocacy System for the Handicapped, Inc., as consistent with state law.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.

 (A) Clients receiving services for intellectual disability shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients.  (B) In emergency admissions when the least restrictive setting is not available a client must be admitted to the nearest proper facility until he may be moved to the least restrictive setting.  (C) In judicial or emergency admissions to the department every attempt must be made by the court to ensure a client's placement in the least restrictive alternative of services available.  (D) No client may remain at a level of care that is more restrictive than is warranted to meet his needs if alternative care is available. A residential program must attempt to move clients from:  (1) more to less structured living;  (2) larger to smaller facilities;  (3) larger to smaller living units;  (4) group to individual residence;  (5) segregated from the community to integrated into the community;  (6) dependent to independent living.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 2; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-150 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

 (A) Before or at the time of admission to an intellectual disability residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client's rights while under the care of the facility.  (B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client's attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain:  (1) a statement of the nature and degree of the client's intellectual disability and the needs of the client;  (2) if a physical examination has been conducted, the client's physical condition;  (3) a description of intermediate and long-range habilitative goals and, if possible, future available services;  (4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why.  (C) An intellectual disability professional shall review each client's individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client's record. The interdisciplinary team shall conduct a full review of the client's records and habilitation program annually.  (D) Included in a review must be a reassessment of the client's plan of habilitation. If the reassessment indicates a need for revisions in the client's plan of habilitation, the revisions must be implemented.  (E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to Section 44-26-120.  (F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to Section 44-26-80.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-160 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-160. Mechanical, physical, or chemical restraint of clients.

 (A) No client residing in an intellectual disability facility may be subjected to chemical or mechanical restraint or a form of physical coercion or restraint unless the action is authorized in writing by an intellectual disability professional or attending physician as being required by the habilitation or medical needs of the client and it is the least restrictive alternative possible to meet the needs of the client. Emergency restraints require the written authorization of the attending physician or designated staff member and must be noted in the client's record.  (B) Each use of a restraint and justification for it must be entered into the client's record. The authorization is not valid for more than twelve hours during which the client's condition must be charted at thirty-minute intervals. If the orders are extended beyond the twelve hours, the extension must have written authorization by an intellectual disability professional or attending physician. Within twenty-four hours a copy of the authorization must be forwarded to the facility supervisor for review. Clients under a form of restraint must be allowed no less than ten minutes every two hours for motion and exercise. Mechanical restraint must be employed in a manner that lessens the possibility of physical injury and ensures the least possible discomfort.  (C) No form of restraint may be used for the convenience of staff, as punishment, as a substitute for a habilitation program or in a manner that interferes with the client's habilitation program.  (D) In an emergency such as a serious threat of extreme violence, injury to others, personal injury, or attempted suicide, if the attending physician or an intellectual disability professional is not available, staff may authorize mechanical restraint or physical restraint, in conjunction with state and federal regulations, when these means are necessary for as long as the behavior that warrants restraint persists. The use must be reported immediately to the attending physician or an intellectual disability professional who shall authorize its continuance or cessation and make a written record of the reasons for its use and his review. The records and review must be entered into the client's record. The facility must have written policies and procedures governing the use of mechanical and physical restraints.  (E) The client's family or his representative, or both, must be notified immediately of the use of restraints.  (F) The appropriate human rights committees must be notified of the use of emergency restraints.  (G) Documentation of less restrictive methods that have failed must be entered into the client's record when applicable.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-170 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-170. Use of certain types of behavior modification.

 (A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of:  (1) prior written approval for the technique by the director;  (2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client's record;  (3) documentation of less restrictive methods that have failed must be entered into the client's record.  (B) Seclusion must not be used on clients with intellectual disability.  (C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping.  (D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1092; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-180 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-180. Informed consent required for participation in research; promulgation of regulations.

 A client or his representative shall give informed consent in every case before participation in research conducted by, for, or in cooperation with the department. The department shall promulgate regulations to obtain informed consent and to protect the dignity of the individual.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-190 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

 (A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies.  (B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the department does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-200 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.

 The South Carolina State Employment Service Division of the South Carolina Department of Employment and Workforce and the State Agency of Vocational Rehabilitation shall work together to find employment for citizens with intellectual disability. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the division and the agency.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-210 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-210. Penalties for denying client rights accorded under this chapter.

 A person who wilfully causes, or conspires with or assists another to cause, the denial to a client of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, upon actual knowledge or information thought by him to be reliable, is exempt from criminal liability.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-26-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 26 - Rights Of Clients With Intellectual Disability|Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.

 (A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision.  (B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment.  (C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.  (D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
SC Code § 44-27-10 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 27 - Patients At Federal Institutions|Section 44-27-10. Powers of federal institution over patient.

 When the individual is admitted to any institution operated by any agency of the United States within or without this State, he shall be subject to the rules and regulations of the agency. The superintendent of any institution operated by the agency and in which the individual is confined shall, with respect to the individual, be vested with the same powers as the superintendents of institutions or the Department of Mental Health within this State with respect to detention, custody, transfer, conditional discharge or discharge of patients.  HISTORY: 1962 Code Section 32-1003; 1952 (47) 2042; 1961 (52) 411.
SC Code § 44-27-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 27 - Patients At Federal Institutions|Section 44-27-20. Jurisdiction and powers over person ordered admitted by foreign court.

 An order of a court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of an individual by any agency of the United States shall have the same force and effect as to the individual while in this State as in the jurisdiction in which is situated the court entering the order, and such court shall be deemed to have retained jurisdiction of the individual admitted for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his confinement. Consent is hereby given to the application of the law of the state or district in which is located the court issuing the order for admittance with respect to the authority of the superintendent of any hospital or institution operated in this State by any agency of the United States to retain custody, transfer, conditionally discharge or discharge the individual confined.  HISTORY: 1962 Code Section 32-1005; 1952 (47) 2042.