Current Status Introducing Body:Senate Bill Number:1102 Ratification Number:362 Act Number:323 Primary Sponsor:Bryan Type of Legislation:GB Subject:Mental health patients, rights of Companion Bill Number:4106 Date Bill Passed both Bodies:Apr 02, 1992 Computer Document Number:BR1/1940.AC Governor's Action:S Date of Governor's Action:Apr 13, 1992 Introduced Date:Jan 14, 1992 Last History Body:------ Last History Date:Apr 13, 1992 Last History Type:Act No. 323 Scope of Legislation:Statewide All Sponsors:Bryan Peeler Fielding Hinds Hinson Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
1102 ------ Apr 13, 1992 Act No. 323
1102 ------ Apr 13, 1992 Signed by Governor
1102 ------ Apr 07, 1992 Ratified R 362
1102 House Apr 02, 1992 Read third time, enrolled for
ratification
1102 House Apr 01, 1992 Read second time
1102 House Mar 18, 1992 Recalled from Committee 27
1102 House Mar 17, 1992 Introduced, read first time, 27
referred to Committee
1102 Senate Mar 12, 1992 Read third time, sent to House
1102 Senate Mar 11, 1992 Read second time
1102 Senate Mar 10, 1992 Committee Report: Favorable 13
1102 Senate Jan 14, 1992 Introduced, read first time, 13
referred to Committee
1102 Senate Nov 25, 1991 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
(A323, R362, S1102)
AN ACT TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.
Be it enacted by the General Assembly of the State of South Carolina:
Notice of entitlement to seek reexamination
SECTION 1. Section 44-17-630 of the 1976 Code is amended to read:
"Section 44-17-630. A patient is entitled to a reexamination on the patient's own petition or that of any other interested person to the probate court of the county from which the patient was admitted. The treatment facility shall inform every patient and at least one other interested person of this right to petition for reexamination. Notice of this right must be given in writing upon admission to the hospital, once during the first six months of hospitalization, and every six months thereafter during the treatment of the patient. If no spouse, parent, legal guardian, or other interested person is known to exist, documentation in the patient's record of this finding is considered compliance with the notice requirement of this section.
Upon receipt of the petition the court shall conduct proceedings in accordance with this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27 of this title, except that the proceedings may not be required to be conducted if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than three months after the holding of a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 13th day of April, 1992.