reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-50. Divisions of department.

The Department of Mental Health may be divided into such divisions as may be authorized by the director of Mental Health and approved by the commission. One of the divisions must be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions must be a Division for Long Term Care which shall have primary responsibility for care and treatment of elderly persons with mental and physical disabilities to the extent that their needs are not met in other facilities either public or private.
HISTORY: 1962 Code Section 32-920.1; 1964 (53) 2078; 1969 (56) 653; 1976 Act No. 538; 1993 Act No. 181, Section 1073; 2008 Act No. 266, Section 2, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-60. Appointment of directors of hospitals; employment of personnel.

The director of the Department of Mental Health may appoint a director of each hospital. Each director must be knowledgeable in the treatment of the mentally ill and in hospital administration. The director of each hospital under the jurisdiction of the Department of Mental Health is responsible for the employment of all personnel at the hospital, subject to the approval of the director of the department. The director of the department may serve as director of one or more hospitals or other mental health facilities.
HISTORY: 1962 Code Section 32-920.2; 1964 (53) 2078; 1980 Act No. 479; 1993 Act No. 181, Section 1074; 2008 Act No. 266, Section 3, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-70. Administration of Federal funds; development of mental health clinics.

The State Department 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. The State Department 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.
HISTORY: 1962 Code Section 32-920.3; 1964 (53) 2078.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-80. Utilization of Federal funds provided to improve services to patients.

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 of Mental Health to improve South Carolina's comprehensive mental health program.
HISTORY: 1962 Code Section 32-920.3:1; 1967 (55) 719.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-90. Powers and duties of Mental Health Commission.

The commission shall:
(1) form a body corporate in deed and in law with all the powers incident to corporations;
(2) cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined in penal institutions because of emergency;
(3) inaugurate and maintain an appropriate mental health education and public relations program;
(4) collect statistics bearing on mental illness, drug addiction, and alcoholism;
(5) provide vocational training and medical treatment which must tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, drug addiction, and alcoholism;
(6) encourage the directors of hospitals and their medical staffs in the investigation and study of these subjects and of mental health treatment in general; and
(7) 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 for citizens of this State, whether or not in a hospital. The system must include services to prevent or postpone the commitment or recommitment of citizens to hospitals.
HISTORY: 1962 Code Section 32-922; 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; 1979 Act No. 42 Section 1; 2000 Act No. 253, Section 1; 2008 Act No. 266, Section 4, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-100. Additional powers and duties of commission.

The commission 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, Chapter 48, and Chapter 52;
(2) require reports from the director of a state hospital 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, Chapter 48, 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 treatment of persons with a mental illness or substance abuse disorder;
(5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as the commission considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.
HISTORY: 1962 Code Section 32-924; 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; 1958 (50) 1634; 1979 Act No. 42 Section 2; 1993 Act No. 37, Section 1; 2000 Act No. 253, Section 2; 2008 Act No. 266, Section 5, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-110. Acceptance of gifts and grants by commission.

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.
HISTORY: 1962 Code Section 32-923; 1971 (57) 473.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-120. Annual report of commission.

The Commission shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its 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 has charge. The report shall include any recommendations which in the opinion of the Commission will improve the mental health program of the State. A copy of the report shall also be submitted to the General Assembly.
HISTORY: 1962 Code Section 32-927; 1952 Code Section 32-988; 1951 (47) 734; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-160. Construction of certain references in Code.

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 of Mental Health.
HISTORY: 1962 Code Section 32-920.4; 1964 (53) 2078; 1993 Act No. 181, Section 1075.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-20. Compact enacted into law.

The Interstate Healthcare Compact is hereby enacted into law and entered into by this State with any other states legally joining the compact in a form substantially similar to the form contained in this chapter.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-30. Definitions.

As used in this chapter:
(1) "Commission" means the Interstate Advisory Health Care Commission.
(2) "Effective date" means the date upon which this compact shall become effective for purposes of the operation of state and federal law in a member state, which shall be the later of:
(a) the date upon which this compact shall be adopted under the laws of the member state; and
(b) the date upon which this compact receives the consent of the United States Congress pursuant to Article I, Section 10 of the United States Constitution, after it is adopted by at least two member states.
(3) "Health care" means care, services, supplies, or plans related to the health of an individual and includes, but is not limited to:
(a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body; and
(b) sale or dispensing of a drug, device, equipment, or other item pursuant to a prescription; and
(c) an individual or group plan that provides, or pays the cost of care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans.
(4) "Member state" means a state that is a signatory to this compact and has adopted it under the laws of that state.
(5) "Member state base funding level" means a number equal to the total federal spending on health care in the member state during federal fiscal year 2010. On or before the effective date, each member state shall determine the member state base funding level for its state, and that number shall be binding upon that member state. The preliminary estimate of member state base funding level for the State of South Carolina is $11,144,000,000.
(6) "Member state current year funding level" means the member state base funding level multiplied by the member state current year population adjustment factor multiplied by the current year inflation adjustment factor.
(7) "Member state current year population adjustment factor" means the average population of the member state in the current year less the average population of the member state in federal fiscal year 2010, divided by the average population of the member state in federal fiscal year 2010, plus one. Average population in a member state shall be determined by the United States Census Bureau.
(8) "Current year inflation adjustment factor" means the total gross domestic product deflator in the current year divided by the total gross domestic product deflator in federal fiscal year 2010. The total gross domestic product deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-40. Pledge.

Member states shall take joint and separate action to secure congressional consent to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. Member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member state.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-60. State control.

Each member state, within its jurisdiction, may enact legislation to suspend the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws, rules, regulations, and orders adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care will remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date, that member state shall be responsible for the associated funding obligations in its State.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-70. Funding.

(A) Each federal fiscal year, each member state shall have the right to federal monies up to an amount equal to its member state current year funding level for that federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state.
(B) By the start of each federal fiscal year, Congress shall establish an initial member state current year funding level for each member state, based upon reasonable estimates. The final member state current year funding level shall be calculated, and funding shall be reconciled by the Congress based upon information provided by each member state and audited by the United States Government Accountability Office.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-80. Interstate Advisory Health Care Commission.

(A) The Interstate Advisory Health Care Commission is established. The commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than two members to the commission and may withdraw membership from the commission at any time. Each commission member is entitled to one vote. The commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the commission's total membership.
(B) The commission may elect from among its membership a chairman. The commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The commission shall meet at least once a year and may meet more frequently.
(C) The commission may study issues of health care regulation that are of particular concern to the member states. The commission may make nonbinding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states.
(D) The commission shall collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the prices of health care. The commission shall make this information and data available to the legislatures of the member states. Notwithstanding any other provision in this compact, no member state shall disclose to the commission the health information of any individual, nor shall the commission disclose the health information of any individual.
(E) The commission shall be funded by the member states as agreed to by the member states. The commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the member states in accordance with the terms of this compact.
(F) The commission shall not take any action within a member state that contravenes any state law of that member state.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-90. Congressional consent.

This compact shall be effective on its adoption by at least two member states and congressional consent. This compact shall be effective unless the United States Congress, in consenting to it, alters its fundamental purposes, which are to:
(1) secure the right of the member states to regulate health care in their respective states pursuant to this compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their states; and
(2) secure federal funding for member states that choose to invoke their authority under this compact.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-100. Amendments.

Member states, by unanimous agreement, may amend this compact from time to time without prior congressional consent or approval and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any state may join this compact after the date by adoption into law under its state constitution.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-110. Withdrawal; dissolution.

A member state may withdraw from this compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the withdrawing member state has given notice of the withdrawal to the other member states. A withdrawing state shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This compact shall be dissolved upon the withdrawal of all but one of the member states.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 10 - Interstate Healthcare Compact › Section 44-10-120. Exemptions.

South Carolina's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395, et seq.) or the Children's Health Insurance Program unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program or the Children's Health Insurance Program in the compact.
HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-10. Facilities which must maintained; purposes.

The following facilities shall continue in existence and shall be maintained for the following purposes:
(1) those inpatient facilities as authorized by the Department of Mental Health and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and
(2) the mental health clinics for the diagnosis, treatment, and prevention of mental illness.
HISTORY: 1962 Code Section 32-931; 1952 Code Section 32-957; 1942 Code Section 6226; 1932 Code Section 6226; Civ. C. '22 Section 5078; 1920 (31) 704; 1952 (47) 2042; 1954 (48) 1732; 1958 (50) 1634; 1964 (53) 1873; 1965 (54) 600; 1967 (55) 317; 1969 (56) 716; 1995 Act No. 145, Part II, Section 76; 2000 Act No. 253, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-30. Establishment, purpose, and admission requirements of South Carolina Veterans Home.

The South Carolina Mental Health Commission, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Mental Health Commission is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Mental Health Commission shall consult with the Department of Veterans' Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes.
HISTORY: 1962 Code Section 32-1008; 1969 (56) 215; 1977 Act No. 41 Section 1; 1996 Act No. 350, Section 1.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-40. "South Carolina veterans" defined.

For the purpose of Section 44-11-30 "South Carolina veterans" means any ex-service South Carolina citizen who was discharged under other than dishonorable conditions and who served in any branch of the military or naval service of the United States.
HISTORY: 1962 Code Section 32-1009; 1969 (56) 215; 1977 Act No. 41 Section 2.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-70. Employment and powers of law enforcement officers for facilities.

The Department of Mental Health may employ law enforcement officers as may be necessary to maintain the security of state mental health facilities. The law enforcement officers must be vested with all the powers and charged with all the duties of police officers generally. They may, without warrant, arrest persons guilty of disorderly conduct or of trespass on state mental health facilities and have them tried in any court of competent jurisdiction.
HISTORY: 1962 Code Section 32-937; 1952 Code Section 32-979; 1942 Code Section 6243; 1932 Code Section 6243; Civ. C. '22 Section 5104; Civ. C. '12 Section 3371; Civ. C. '02 Section 2260; 1894 (21) 835; 1920 (31) 704; 1952 (47) 2042; 2016 Act No. 227 (H.4124), Section 1, eff June 3, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-75. Entering or refusing to leave state mental health facility following warning or request; penalty.

(A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to enter on the premises.
(B) It is unlawful for a person without legal cause or good excuse to fail or refuse immediately to leave the premises of a state mental health facility upon being ordered or requested to leave by the facility director or, in his absence, by the facility director's representative.
(C) A person violating subsection (A) or (B), upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(D) A municipal court or magistrate's court has jurisdiction over violations of this section occurring within the respective limits of the municipality or magisterial district.
HISTORY: 1994 Act No. 351, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 11 - Organization And Control Of State Mental Health Facilities › Section 44-11-110. Easements and rights-of-way on grounds of facilities.

The Mental Health Commission may, by resolution recorded on the minutes of its meetings, grant easements, permits or rights of way on, over or under the grounds of the facilities, but none may be granted unless approved in writing by the Attorney General before delivery.
HISTORY: 1962 Code Section 32-941; 1952 Code Sections 32-981, 32-982; 1942 Code Section 6245; 1932 Code Section 6245; Civ. C. '22 Section 5107; Civ. C. '12 Section 3372; Civ. C. '02 Section 2261; 1894 (21) 835; 1920 (31) 704; 1941 (42) 188; 1942 (42) 1685; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-10. Detention of individual pending removal to facility.

Pending his removal to a State mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home or any other suitable facility under such reasonable conditions as the county governing body, supervisor or manager may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical establishment used for the detention of individuals charged with or convicted of penal offenses. The county governing body, supervisor or manager shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained under this section.
HISTORY: 1962 Code Section 32-1015; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-20. Admission of resident ordered committed by foreign court.

Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Department of Mental Health prior to the issuance by the Department of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident.
HISTORY: 1962 Code Section 32-1013; 1954 (48) 1732.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-30. Removal of patient or trainee who is not a citizen of this State.

Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Department of Mental Health, and the Department of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Department of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department of Mental Health shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Department of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.
HISTORY: 1962 Code Section 32-1024; 1952 Code Sections 32-972, 32-1008; 1942 Code Sections 6232, 6233; 1932 Code Sections 6232, 6233; Civ. C. '22 Sections 5085, 5086; Civ. C. '12 Sections 3368, 3369; 1902 (23) 1026; 1920 (31) 704; 1932 (37) 1365; 1952 (47) 2042; 1954 (48) 1732; 1959 (51) 325.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-40. Removal of alien patient or trainee.

If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Department of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed and the name of the transporting company. The Department of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation.
HISTORY: 1962 Code Section 32-1025; 1952 Code Sections 32-972, 32-1009; 1942 Code Sections 6232, 6233; 1932 Code Sections 6232, 6233; Civ. C. '22 Sections 5085, 5086; Civ. C. '12 Sections 3368, 3369; 1902 (23) 1026; 1920 (31) 704; 1932 (37) 1365; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-50. Return of patient to out-of-state mental health facility.

If a mentally ill patient from an out-of-State mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public officials and transported directly to the out-of-State facility or may be detained in a State mental health facility until such time as transportation arrangements can be made or the patient's health will permit his return. The state requesting the return of the patient shall pay all costs of, and incidental to, the transportation and detention of the patient.
HISTORY: 1962 Code Section 32-1024.1; 1970 (56) 2496.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-60. Transfer of custody of infirm or harmless patient or trainee.

The Department of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Department of Mental Health, the family, guardian, trustee, committee or other person legally responsible for the person is financially able to provide for his care, it shall, when in the opinion of the Department of Mental Health this is advisable, transfer the patient or trainee to the custody of that person. If all persons legally responsible for the patient or trainee are financially unable to provide for his care, the Department of Mental Health shall, when practicable, transfer the custody of the person to the county health authorities of the county of which the patient or trainee was a resident prior to admittance.
HISTORY: 1962 Code Section 32-1031; 1952 Code Sections 32-957, 32-964, 32-976; 1942 Code Sections 6226, 6249-1, 6249-3; 1932 Code Sections 1570, 1572, 6226; Civ. C. '22 Section 5078; Cr. C. '22 Sections 518, 520; Cr. C. '12 Sections 587, 589; Cr. C. '02 Sections 430, 432; R. S. 343, 345; 1884 (18) 827, 828; 1920 (31) 704; 1952 (47) 2042.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 13 - Admission, Detention And Removal Of Patients At State Mental Health Facilities › Section 44-13-70. Admission forms to be kept by probate judges.

The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52.
HISTORY: 1962 Code Section 32-1014; 1952 (47) 2042; 1958 (50) 1634; 1993 Act No. 20, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-10. Establishment of local mental health programs and clinics authorized.

Any county, city, town, political subdivision, or any combination thereof, of over one hundred thousand population, and upon consent of the South Carolina Department of Mental Health, any city, county, town, or political subdivision, or combination thereof, with less than one hundred thousand population, may establish a community mental health services program and may establish clinics and staff them with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a county, city, town, political subdivision or nonprofit corporation or a community mental health board established pursuant to this article.
HISTORY: 1962 Code Section 32-1034.21; 1961 (52) 110.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-20. Services for which funds may be granted.

The Department of Mental Health may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation of local mental health programs to provide the following services:
(1) Collaborative and cooperative services with public health, education, welfare and other groups for programs of prevention of mental illness, intellectual disability and other psychiatric disabilities;
(2) Informational and educational services to the general public and lay and professional groups;
(3) Consultative services to schools, courts and health and welfare agencies, both public and private;
(4) Diagnostic and treatment services; and
(5) After care services for patients suffering from mental or emotional disorders, intellectual disability and other psychiatric conditions, particularly those who have received prior treatment in an in-patient facility.
HISTORY: 1962 Code Section 32-1034.22; 1961 (52) 110.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-30. Applications for grants by local units.

Any county, city, town, political subdivision, nonprofit corporation or community mental health board administering a mental health services program may apply for the assistance provided by this article by submitting annually to the Department of Mental Health its plan and budget for the next fiscal year together with the recommendations of the community mental health board. No program shall be eligible for such assistance unless its plan and budget have been approved by the Department.
HISTORY: 1962 Code Section 32-1034.23; 1961 (52) 110.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-40. Allocation of funds; review of expenditures.

At the beginning of each fiscal year the Department shall allocate available funds to the mental health programs for disbursement during the fiscal year in accordance with such approved plans and budgets. The Department shall, from time to time during the fiscal year, review the budgets and expenditures of the various programs, and if funds are not needed for a program to which they were allocated, it may, after reasonable notice and opportunity for hearing, withdraw such funds as are unencumbered and reallocate them to other programs. It may withdraw funds from any program which is not being administered in accordance with its approved plan and budget.
HISTORY: 1962 Code Section 32-1034.24; 1961 (52) 110.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-50. Grants for mental health services.

Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.
HISTORY: 1962 Code Section 32-1034.25; 1961 (52) 110; 1966 (54) 2593; 1969 (56) 630; 1971 (57) 519; 1974 (58) 1980, 2331; 2000 Act No. 253, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-60. Establishment and membership of community mental health boards.

Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation, including parents of emotionally disturbed children and adolescents, when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department of Mental Health, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its population. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms.
In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
HISTORY: 1962 Code Section 32-1034.26; 1961 (52) 110; 1964 (53) 1875; 1979 Act No. 30; 1983 Act No. 100; 1991 Act No. 88, Section 2; 1992 Act No. 382, Section 1; 1993 Act No. 27, Section 1; 1993 Act No. 181, Section 1076.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-70. Powers and duties of community mental health boards.

Subject to the provisions of this article and the rules and regulations of the Department of Mental Health, each community mental health board shall:
(1) Be the administrative agency for the community mental health services program; and it shall be a body corporate in deed and in law with all the powers incident to corporation, including the power to purchase, lease or sell real and personal property;
(2) Employ personnel necessary to carry out the community mental health services program, who shall meet the job specifications as prescribed by the Department and its merit system;
(3) Review and evaluate community mental health services provided pursuant to this article and report its findings and recommendations to the Department, the administrator of the local program and, when indicated, the public;
(4) Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies and other lawful sources, and promote public support for municipal and county appropriations;
(5) Promote, arrange and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies;
(6) Advise the administrator of the local program on the adoption and implementation of policies to stimulate effective community relations; and
(7) Review the annual plan and budget of the local program and make recommendations thereon.
HISTORY: 1962 Code Section 32-1034.27; 1961 (52) 110; 1964 (53) 1875; 1974 (58) 2219.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-80. Powers and duties of Department.

In addition to the powers and duties already conferred by law, the Department of Mental Health shall:
(1) Promulgate rules and regulations governing the eligibility of community mental health programs to receive State grants, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel;
(2) Govern eligibility for service so that no person will be denied service on the basis of inability to pay and so that anyone who cannot afford to pay for necessary treatment at the rate customarily charged in available private practice shall be eligible to receive services from the community mental health clinic;
(3) Provide for establishment of fee schedules and reduction of balance due which shall be based upon ability to pay;
(4) Regulate fees for consultation and diagnostic services, which services may be provided to anyone without regard to his financial status when such person is referred by the courts, schools, health or welfare agencies;
(5) Promulgate such other rules and regulations as it deems necessary to carry out the purposes of this article;
(6) Review and evaluate local programs and the performance of all personnel and make recommendations thereon to community mental health boards and program administrators;
(7) Provide consultative staff service to communities to assist in ascertaining local needs and in planning and establishing community mental health programs; and
(8) Employ personnel, certified by the merit system as classified according to existing job classifications, including a State Director of Community Mental Health Services, to be under the supervision of the Director of the Department of Mental Health, to implement the provisions of this article.
(9) Require reports from the directors of community mental health programs relating to the intake, examination, diagnosis and file closing of any patient or client.
HISTORY: 1962 Code Section 32-1034.28; 1961 (52) 110; 1979 Act No. 42 Section 3; 1993 Act No. 181, Section 1077; 2000 Act No. 253, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 15 - Local Mental Health Programs, Boards And Centers › Section 44-15-90. Unexpended appropriations.

If any balances of appropriations for the program authorized by this article are unexpended during any fiscal year, the Department of Mental Health may carry such balances forward to the next fiscal year; provided, that not more than five per cent of the amount appropriated during any fiscal year shall be carried forward.
HISTORY: 1962 Code Section 32-1034.29; 1961 (52) 110.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 17 - Care And Commitment Of Mentally Ill Persons › Section 44-17-310. Voluntary admission.

If in the judgment of the director of a state hospital the person is a proper subject for voluntary admission, the director of the hospital shall admit for treatment an individual who is eighteen years of age or over and applies for admission.
HISTORY: 1962 Code Section 32-951; 1952 Code Section 32-959; 1942 Code Section 6228; 1932 Code Section 6228; Civ. C. '22 Section 5081; 1920 (31) 704; 1952 (47) 2042; 1966 (54) 2259; 1974 (58) 2642; 1977 Act No. 99 Section 2; 1993 Act No. 39, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 17 - Care And Commitment Of Mentally Ill Persons › Section 44-17-320. Discharge of voluntary patient by superintendent.

The superintendent of a hospital shall discharge any voluntary patient who has recovered or whose detention he determines to be no longer advisable.
HISTORY: 1962 Code Section 32-952; 1952 (47) 2042; 1974 (58) 2642.