reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-30. Authority to contract or make grants.

The department may contract with or make grants to agencies or individuals to provide for a Family Support Program in accordance with this chapter. Services and supports developed must be flexible to address individual and family needs.
HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-40. Focus of Family Support Program.

The focus of the Family Support Program is supporting:
(1) families with children with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities, twenty-one years of age and younger;
(2) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who choose to live with their families;
(3) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who are residing in the community in an unsupported setting, not a state or federally funded program.
HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-50. Contracted agency to assist families in assessing needs and preparing plan.

The contracted agency shall assist each individual or family for whom services will be provided in assessing its needs and shall prepare a written plan with the person and family. The needs and preferences of the individual and family will be the basis for determining what goods and services will be provided within the resources available.
HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-60. Services included in Family Support Program.

The services in the Family Support Program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services such as:
(1) respite care;
(2) personal assistance services;
(3) child care;
(4) homemaker services;
(5) minor home and work site modifications and vehicular modifications;
(6) specialized equipment and maintenance and repair;
(7) specialized nutrition and clothing and supplies;
(8) transportation services;
(9) health-related costs not otherwise covered;
(10) licensed nursing and nurses' aid services;
(11) family counseling, training, and support groups;
(12) financial assistance;
(13) emergency services;
(14) recreation and leisure needs.
HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-70. Implementation contingent upon annual appropriations.

Implementation of this chapter and the Family Support Program is contingent upon annual appropriation of sufficient funding for the program and benefits. This chapter does not establish or authorize creation of an entitlement program or benefit.
HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 21 - Department Of Disabilities And Special Needs Family Support Services › Section 44-21-80. Regional tertiary level developmental evaluation centers.

(A) The Medical University of South Carolina, the Prisma Health-University of South Carolina Medical Group, and the Prisma Health-University Medical Group are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers providing comprehensive developmental assessment and treatment services for children with developmental disabilities, significant developmental delays, or behavioral or learning disorders.
(B) As developmental evaluation centers, the above named institutions shall provide a seamless continuum of developmental services, including medically necessary diagnostic and treatment services for the purpose of correcting or ameliorating physical or mental illnesses and conditions which, left untreated, would negatively impact the health and quality of life of South Carolina's children. Further, these centers shall work collectively with the teaching, training, and research entities of each institution, extending the state's efforts to prepare professionals to work in the field of developmental medicine, while lending expertise to the research efforts in this field.
(C) The developmental evaluation centers shall be involved in research, planning, and needs assessment of issues related to developmental disabilities and shall be committed to develop a regionalized system of community-based, family-centered care for children with developmental and behavioral disabilities. In so doing, the centers shall serve as primary points of entry for developmental evaluation services and as regional coordinators for the delivery of the services and are encouraged to affiliate with other providers thus enhancing the availability of high quality services for the children of South Carolina.
HISTORY: 1996 Act No. 458, Part II, Section 86; 2011 Act No. 47, Section 3, eff June 7, 2011; 2021 Act No. 49 (S.431), Section 1, eff May 17, 2021.
Effect of Amendment
2021 Act No. 49, Section 1, in (A), substituted "Medical University of South Carolina, the Prisma Health-University of South Carolina Medical Group, and the Prisma Health-University Medical Group" for "Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System,".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-30. Right to counsel for involuntarily committed persons suffering from mental illness or chemical dependency.

Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the department pursuant to Sections 44-17-530 and 44-52-110.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-50. Treatment suited to needs; least restrictive care and treatment.

(A) A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(B) Persons who operate facilities of the department shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The department and the Department of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient.
(C) In cases of emergency admissions, when the least restrictive setting is not available, patients must be admitted to the nearest appropriate facility until the patient may be moved to the least restrictive setting.
(D) No patient may remain at a level of care that is more expensive and restrictive than is warranted to meet his needs when the appropriate setting is available.
(E) Patients have a right to the least restrictive conditions necessary to achieve the purposes of treatment. The facility shall make every attempt to move residents from:
(1) more to less structured living;
(2) larger to smaller facilities;
(3) larger to smaller living units;
(4) group to individual residences;
(5) segregated from the community to integrated into the community living;
(6) dependent to independent living.
HISTORY: 1991 Act No. 127, Section 1; 1993 Act No. 181, Section 1080.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-60. Explanation of rights with regard to admission to facility; individualized treatment plan.

(A) Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility.
(B) Within six hours of admission a patient must be examined by a physician or authorized health care provider. Within fourteen days of admission, a patient or his parent or guardian must be provided with a written individualized plan of treatment formulated by a multidisciplinary team and the patient's attending physician. Each patient or his parent or guardian shall participate in an appropriate manner in the planning of services. An interim treatment program based on the preadmission evaluation of the patient must be implemented promptly upon admission. An individualized treatment plan must contain:
(1) a statement of the nature and degree of the patient's mental illness or chemical dependency and his needs;
(2) if a physical examination has been conducted, the patient's physical condition;
(3) a description of intermediate and long-range treatment goals and, if possible, future available services;
(4) criteria for release to a less restrictive environment, including criteria for discharge and a description of services that may be needed after discharge;
(5) a statement as to whether or not the patient may be permitted outdoors on a daily basis and, if not, the reasons why. Treatment plans must be updated upon periodic review as provided in Section 44-22-70.
HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 2; 2015 Act No. 32 (S.474), Section 2, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-70. Assessment of patient; establishment and review of individualized treatment plan; discharge plan; notice of discharge.

(A) The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care facilities the plan must be reviewed every ninety days. This section does not prohibit review of the plan on a more frequent basis.
(B) After review by the attending physician or multi-disciplinary team, if the results of the examination determine the conditions justifying confinement no longer exist, a notice of intent to discharge must be made immediately to the probate judge having jurisdiction. Notice must be given before discharge to a person who has made a written request to be notified.
(C) For patients committed after a hearing by the probate court for the involuntary inpatient treatment for mental illness or chemical dependency, an appropriate and comprehensive discharge plan must be developed. Planning for a patient's discharge must begin within seventy-two hours of admission, must include input from the patient, and must address community treatment, financial resources, and housing. The facility and community treatment staff must be involved in developing the discharge plan. Representatives of all entities which provide services pursuant to the plan must be consulted and informed about the plan. Based on available resources, the department shall make every effort to implement the discharge plan when the patient, in the opinion of the multi-disciplinary team, is ready for discharge.
HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 3; 1992 Act No. 324, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-80. Patients' rights.

Unless a patient has been adjudicated incompetent, no patient may 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 patients 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.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-90. Communications with mental health professionals privileged; exceptions.

(A) Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows:
(1) communications between facility staff so long as the information is provided on a "need-to-know" basis;
(2) in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness;
(3) in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others;
(4) information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition;
(5) in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected;
(6) when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure;
(7) as otherwise authorized or permitted to be disclosed by statute.
(B) This does not preclude disclosure of information to the Governor's ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-100. Confidentiality of records; exceptions; violations and penalties.

(A) Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52, and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought, must be kept confidential, and must not be disclosed unless:
(1) the individual identified or the individual's guardian consents;
(2) a court directs that disclosure is necessary for the conduct of proceedings before the court and that failure to make the disclosure is contrary to public interest;
(3) disclosure is required for research conducted or authorized by the department or the Department of Alcohol and Other Drug Abuse Services and with the patient's consent;
(4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies, or when furthering the welfare of the patient or the patient's family;
(5) disclosure to a court of competent jurisdiction is necessary for the limited purpose of providing a court order to SLED in order to submit information to the federal National Instant Criminal Background Check System (NICS), established pursuant to the Brady Handgun Violence Prevention Act of 1993, Pub.L. 103-159, and in accordance with Article 10, Chapter 31, Title 23; or
(6) disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52.
(B) Nothing in this section:
(1) precludes disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of the patient's family, or the Governor's Office of Ombudsman; 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.
HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 4; 1993 Act No. 181, Section 1081; 2013 Act No. 22, Section 2, eff August 1, 2013.
Editor's Note
2013 Act No. 22, Section 3, provides as follows:
"SECTION 3. A court required to submit information to SLED pursuant to this act concerning individuals who have been adjudicated as a mental defective or who have been committed to a mental institution shall, from the effective date of this act forward, submit information by court order within five days from the filing of each order and in accordance with procedures developed as required by this act and have one year from this act's effective date to submit retroactive information by court order on such individuals going back a minimum of ten years or, if records are not available as far back as ten years, as far back as records exist."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-110. Access to medical records; appeal of denial of access.

(A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.
(B) Patients or guardians of patients may be refused access to:
(1) information in medical records provided by a third party under assurance that the information remains confidential;
(2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.
(C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.
HISTORY: 1991 Act No. 127, Section 1; 1993 Act No. 181, Section 1082.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-140. Authorization of, and responsibility for, treatment and medication; guidelines for medication; rights with respect to refusal of treatment.

(A) The attending physician, the physician on call, or the authorized health care provider, is responsible for and shall authorize medications and treatment given or administered to a patient. The physician's or authorized health care provider's authorization and the medical reasons for it must be entered into the patient's clinical record. The authorization is not valid for more than ninety days. Medication must not be used as punishment, for the convenience of staff, or as a substitute to or in quantities that interfere with the patient's treatment program. The patient or his legal guardian may refuse treatment not recognized as standard psychiatric treatment. He may refuse electro-convulsive therapy, aversive reinforcement conditioning, or other unusual or hazardous treatment procedures. If the attending physician or the physician on call decides electro-convulsive therapy is necessary and a statement of the reasons for electro-convulsive therapy is entered in the treatment record of a patient who is considered unable to consent pursuant to Section 44-22-10, permission for the treatment may be given in writing by the persons in order of priority specified in Section 44-22-40(A)(1-10).
(B) Competent patients may not receive treatment or medication in the absence of their express and informed consent in writing except treatment:
(1) during an emergency situation if the treatment is pursuant to or documented contemporaneously by written order of a physician or authorized health care provider; or
(2) as permitted under applicable law for a person committed by a court to a treatment program or facility.
HISTORY: 1991 Act No. 127, Section 1; 2015 Act No. 32 (S.474), Section 3, eff June 1, 2015; 2022 Act No. 192 (H.4600), Section 2, eff May 16, 2022.
Effect of Amendment
2022 Act No. 192, Section 2, in (A), substituted "electro-convulsive" for "electroconvulsive" in three places, and in the seventh sentence, substituted "Section 44-22-10" for "Section 44-22-10(13)" and "Section 44-22-40(A)(1-10)" for "Section 44-22-40(A)(1-8)".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-150. Restraint; seclusion; physical coercion.

(A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.
(B) Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.
(C) "Restraint" shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.
HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 7; 2000 Act No. 253, Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-160. Employment within facility; compensation; right to refuse nontherapeutic employment.

(A) Each patient may refuse nontherapeutic employment within the facility. The department shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.
(B) Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-170. Education of school-aged residents.

(A) The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.
(B) If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-180. Exercise and exercise facilities; right to go outdoors.

Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.
HISTORY: 1991 Act No. 127, Section 1, eff June 5, 1991.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-190. Finding employment for mentally disabled citizens.

The employment division of the South Carolina Department of Employment and Workforce and the Department of Vocational Rehabilitation shall work with the department in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-200. Move of patient to less restrictive setting; court approval required for move to more restrictive setting.

The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.
HISTORY: 1991 Act No. 127, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-210. Temporary leaves of absence.

(A) The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.
(B) The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.
HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 22 - Rights Of Mental Health Patients › Section 44-22-220. Grievances concerning patient rights; penalties for denial of patient rights.

(A) The department shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be reviewed by the department and a determination made concerning whether or not corrective action is warranted. A copy of the written grievance must be forwarded to the Client Advocacy Program and Protection and Advocacy for People with Disabilities.
(B) The department shall develop procedures with time lines to process the grievances in a timely manner. The procedures must be made known to patients.
(C) A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to the patient 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, either upon actual knowledge or information thought to be reliable, is immune from criminal liability under the provisions of this subsection.
HISTORY: 1991 Act No. 127, Section 1; 2008 Act No. 266, Section 6, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-20. Inapplicability to Whitten Center.

The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying to Whitten Center.
HISTORY: 1962 Code Section 32-912; 1957 (50) 248; 1979 Act No. 60 Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-40. Appeal to court from rules and regulations.

Any person affected by the rules and regulations of the Department adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record.
HISTORY: 1962 Code Section 32-914; 1952 Code Section 32-985; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042; 1958 (50) 1634.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-210. Transfer of confined persons to or between mental health or intellectual disability facility.

A person confined in a state institution or a person confined in a state or private mental health or intellectual disability facility may be transferred to another mental health or intellectual disability facility if:
(1) the director of a state institution not under the jurisdiction of the Department of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of having a mental illness. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person has a mental illness, the director shall notify the director of the institution or the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;
(2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents, or spouse or, if none be known, to the patient's nearest known relative or friend. This section may not be construed to apply to transfers of a patient within a mental health facility; or
(3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one Department of Mental Health facility to another and the reasons for desiring the transfer and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs.
HISTORY: 1962 Code Section 32-974; 1974 (58) 2642; 1977 Act No. 99 Section 15; 1993 Act No. 34, Section 1; 1993 Act No. 181, Section 1084; 2008 Act No. 266, Section 8, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-220. Admission of persons in jail.

No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department of Mental Health or the Department of Disabilities and Special Needs, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility.
HISTORY: 1962 Code Section 32-975; 1974 (58) 2642; 1993 Act No. 181, Section 1085; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-240. Causing unwarranted confinement.

Any person who wilfully causes, or conspires with or assists another to cause the unwarranted confinement of any individual under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1, of Chapter 15, Chapter 17, or Chapter 27, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding one year, or both.
HISTORY: 1962 Code Section 32-916; 1952 (47) 2042; 1974 (58) 2642; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-250. Signature of director of state mental health facility defined.

Whenever reference is made requiring the signature of the director of any state mental health facility, the reference means the director of the facility or the director's designee.
HISTORY: 1962 Code Section 32-916.1; 1967 (55) 317; 2008 Act No. 266, Section 9, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-420. Designated examiners' report.

(A) Within ten days of examination under Section 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:
(1) a diagnosis of the person's mental condition; and
(2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.
(B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.
(C) The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430.
HISTORY: 1962 Code Section 32-978; 1974 (58) 2642; 2006 Act No. 400, Section 2, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-440. Finding of unfitness to stand trial shall not preclude defense on merits.

A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.
HISTORY: 1962 Code Section 32-981; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-450. Reexamination of finding of unfitness.

A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.
HISTORY: 1962 Code Section 32-982; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-460. Procedure when superintendent believes person charged with crime no longer requires hospitalization.

When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel:
(1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and
(2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or
(3) the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.
HISTORY: 1962 Code Section 32-983; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1080. Patients and prisoners denied access to alcoholic beverages, firearms, dangerous weapons, and controlled substances.

No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to furnish these items to patients or prisoners of the department is guilty:
(1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and
(2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.
HISTORY: 1962 Code Section 32-1000.1; 1974 (58) 2642; 1984 Act No. 426, Section 1; 1988 Act No. 311, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1100. Disclosure of copies of completed forms retained by probate judges.

Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.
HISTORY: 1962 Code Section 32-1023; 1952 (47) 2042; 1958 (50) 1634; 2000 Act No. 253, Section 10.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1110. Charges for maintenance, care, and services.

The Department of Mental Health shall establish the charges for maintenance and medical care for patients, other than beneficiary, of State mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the Department of Mental Health considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.
HISTORY: 1962 Code Section 32-1026; 1952 Code Section 32-954; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1120. Liability of estate of deceased patient or trainee.

Upon the death of a person who is or has been a patient or trainee of a State mental health facility the executor or administrator and the judge of probate shall notify the Department of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.
HISTORY: 1962 Code Section 32-1027; 1952 Code Section 32-975; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1130. Contracts for care and treatment.

The Department of Mental Health shall make investigations and ascertain which of the patients or trainees of State mental health facilities or which of the parents, guardians, trustees, committees or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Department of Mental Health may require any county or State agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid the Department of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost.
HISTORY: 1962 Code Section 32-1028; 1952 Code Section 32-974; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities › Section 44-23-1140. Lien for care and treatment; filing statement; limitation of action for enforcement.

There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training or treatment. The Department of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead.
HISTORY: 1962 Code Section 32-1029; 1952 (47) 2042; 1953 (48) 504; 1954 (48) 1732; 1956 (49) 1604; 1997 Act No. 34, Section 1.