Bill 816

                    Current Status

Bill Number:               816
Ratification Number:       508
Act Number:                435
Introducing Body:          Senate
Subject:                   Client-Patient Protection Act

(A435, R508, S816)

AN ACT TO AMEND ACT 70 OF 1979, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO REDEFINE "CLIENT OR PATIENT" AND "PHYSICAL INJURY" AND TO PROVIDE THAT REPORTS OF CLIENT-PATIENT ABUSE OR NEGLECT MUST BE MADE WITHIN TWENTY-FOUR HOURS OF THE ABUSE OR NEGLECT OR WITHIN TWENTY-FOUR HOURS FROM THE TIME ANY PERSON HAS REASON TO BELIEVE CLIENT-PATIENT ABUSE OR NEGLECT HAS TAKEN PLACE AND TO MAKE IT UNLAWFUL FOR ANY PERSON TO ABUSE, THREATEN TO ABUSE, OR CAUSE PHYSICAL OR MENTAL INJURY TO ANY CLIENT OR PATIENT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Item (A) of Section 2 of Act 70 of 1979 is amended to read:

"(A) 'Client or patient' means a person admitted or committed to, a patient of or in the care, custody or control of any public or private agency, department, hospital, institution or facility, not including persons sentenced to the South Carolina Department of Corrections or children committed to the South Carolina Department of Youth Services."

Definition

SECTION 2. Item (E) of Section 2 of Act 70 of 1979 is amended to read:

"(E) 'Physical injury' means an intentional physical assault upon a patient or provocation of another to assault whether the assault causes actual physical injury or not. Unacceptable actions may include but are not limited to: throwing objects, choking, use of weapons, slapping, hitting, kicking, biting, provoking a patient to assault an employee, provoking a patient to assault another patient, and provoking an employee to assault a patient. This does not include non-excessive physical control administered for the safety of the patient or others."

Reports

SECTION 3. Subsection (C) of Section 4 of Act 70 of 1979 is amended to read:

"(C) Reports of client-patient abuse or neglect made pursuant to this section must be made within twenty-four hours of the abuse or neglect or within twenty-four hours from the time any person has reason to believe client-patient abuse or neglect has taken place. The reports may be made orally, in writing, by telephone, or otherwise to the South Carolina Law Enforcement Division, the ombudsman of the office of the Governor, or the solicitor. Written records must be made of all the reports, a copy of which must be forwarded to the ombudsman who shall maintain a permanent file of all the records."

Penalty

SECTION 4. Act 70 of 1979 is amended by adding:

"Section 9A. (1) It is unlawful for any person to abuse, threaten to abuse, or cause physical or mental injury to any client or patient, as defined in Section 2 of this act.

(2) Any person who violates subsection (1) of this section is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.