South Carolina General Assembly
110th Session, 1993-1994

Bill 3216


                    Current Status
Introducing Body:               House
Bill Number:                    3216
Ratification Number:            72
Act Number:                     40
Primary Sponsor:                Wofford
Type of Legislation:            GB
Subject:                        Mental health patients,
                                discharge provisions
Companion Bill Number:          54
Date Bill Passed both Bodies:   19930318
Computer Document Number:       436/12845AC.93
Governor's Action:              S
Date of Governor's Action:      19930423
Introduced Date:                19930120
Last History Body:              ------
Last History Date:              19930423
Last History Type:              Act No. 40
Scope of Legislation:           Statewide
All Sponsors:                   Wofford
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3216   ------  19930423      Act No. 40
3216   ------  19930423      Signed by Governor
3216   ------  19930420      Ratified R 72
3216   Senate  19930318      Read third time, enrolled for
                             ratification
3216   Senate  19930316      Read second time
3216   Senate  19930311      Committee Report: Favorable     13
3216   Senate  19930303      Introduced, read first time,    13
                             referred to Committee
3216   House   19930302      Read third time, sent to
                             Senate
3216   House   19930225      Read second time
3216   House   19930224      Committee Report: Favorable     27
3216   House   19930120      Introduced, read first time,    27
                             referred to Committee
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A40, R72, H3216)

AN ACT TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.

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

Discharge upon request

SECTION 1. Section 44-17-330 of the 1976 Code is amended to read:

"Section 44-17-330. A voluntary patient who requests to be discharged or whose discharge is requested, in writing, by the patient's parent or legal guardian or other interested person must be discharged, except that:

(1) if the patient was admitted on the patient's own application and the request for discharge is made by a person other than the patient, discharge must be conditioned upon the agreement of the patient;

(2) if the director of the hospital, within three days, excluding Saturdays, Sundays, and legal holidays, after the patient or other interested person requests the patient's discharge, files with the probate court of the county in which the patient resided or was present immediately before admission a certificate that in the director's opinion, the patient desiring discharge is mentally ill and should be hospitalized, discharge may be postponed on application for as long as the court determines by order to be necessary for conducting proceedings for judicial admission, but in no event for more than fifteen days. Upon the filing of a certificate, the proceedings for judicial admission must be conducted pursuant to Sections 44-17-510 through 44-17-610."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 23rd day of April, 1993.