Laws of South Carolina that Pertain to Mental Health
NOTICE: The following reference to the Code of Laws of South Carolina is for general information only. Specific circumstances and facts may require consultation with DMH supervisory staff and/or the Office of General Counsel.
The following is an outline of portions of the Code of Laws of South Carolina pertaining to DMH, voluntary and involuntary (judicial commitment and emergency admission) treatment, capacity to stand trial, patient rights, sexually violent predator, etc. For a full reading of specific statutes from “South Carolina Legislature Online” follow the TITLE and CHAPTER LINKS below.
TITLE 44 HEALTH
TITLE 44 CHAPTER 9 STATE DEPARTMENT OF MENTAL HEALTH
Section
44-9-10 Creation of Department of Mental Health; jurisdiction
44-9-20 Transfer of powers and duties, proceedings, appropriations and records
44-9-30 Creation of South Carolina Mental Health Commission
44-9-40 State Director of Mental Health
44-9-50 Divisions of Department; deputy commissioners
44-9-60 Superintendents of hospitals; employment of personnel
44-9-70 Administration of federal funds; development of mental health clinics
44-9-80 Utilization of federal funds provided to improve services; to patients
44-9-90 General rights, duties and powers of Commission
44-9-100 Additional powers and duties of Commission
44-9-110 Acceptance of gifts and grants by Commission
44-9-120 Annual report of Commission
44-9-160 Construction of certain references in Code
TITLE 44 CHAPTER 11 ORGANIZATION AND CONTROL OF STATE MENTAL HEALTH FACILITIES
Section
44-11-10 Facilities which shall be maintained; purposes thereof
44-11-20 Designation of Department of Corrections building as SCDMH facility
44-11-30 South Carolina Veterans Home
44-11-40 "South Carolina Veterans" defined
44-11-60 Establishment of mental health clinics
44-11-70 Appointment and powers of marshals for facilities
44-11-75 Violation for trespassing or refusing to leave state mental health facility
44-11-80 Salaries of officers and employees of facilities
44-11-110 Easements and rights of way on grounds of facilities
TITLE 44 CHAPTER 13 ADMISSION, DETENTION AND REMOVAL OF PATIENTS AT STATE MENTAL HEALTH FACILITIES
Section
44-13-10 Detention of individual pending removal to facility
44-13-20 Admission of resident ordered committed by foreign court
44-13-30 Removal of patient or trainee who is not a citizen of this state
44-13-40 Removal of alien patient or trainee
44-13-50 Return of patient to out-of-state mental health facility
44-13-60 Transfer of custody of infirm or harmless patient or trainee .
44-13-70 Admission forms shall be kept by probate judges
TITLE 44 CHAPTER 15 LOCAL MENTAL HEALTH PROGRAMS, BOARDS AND CENTERS
Section
44-15-10 Establishment of local mental health programs and clinics authorized
44-15-20 Services for which funds may be granted
44-15-30 Applications for grants by local units
44-15-40 Allocation of funds; review of expenditures
44-15-50 Limitations on amount of grants
44-15-60 Establishment and membership of community mental health boards
44-15-70 Powers and duties of community mental health boards
44-15-80 Powers and duties of Department
44-15-90 Unexpended appropriations
TITLE 44 CHAPTER 17 CARE AND COMMITMENT OF MENTALLY ILL PERSONS
Section
44-17-310 Voluntary admission
44-17-320 Discharge of voluntary patient by superintendent
44-17-330 Discharge at request of patient or another person
44-17-340 Written notice of right to release
44-17-410 Emergency admission of person likely to cause serious harm
44-17-415 Physical examination report to accompany certification
44-17-420 Notice of hearing
44-17-430 Examination under custody of person requiring immediate hospitalization
44-17-440 Custody and transport of person requiring emergency admission
44-17-450 Preadmission screening and evaluation in psychiatric emergencies
44-17-460 Examinations prior to emergency admissions to psychiatric facilities
44-17-510 Petition for judicial commitment; certificate of designated examiner
44-17-520 Notice of petition and right to counsel
44-17-530 Appointment of counsel; examination and record thereof
44-17-540 Hearing shall be held if examiners find mental illness
44-17-550 Notice of hearing and rights
44-17-560 Removal of proceedings to another county
44-17-570 Conduct of hearing
44-17-580 Hospitalization of person if court finds mental illness and other conditions
44-17-600 No admission shall be based on order older than thirty days
44-17-610 Commitment to private, county, veterans' administration or other hospital
44-17-620 Appeal
44-17-630 Right to re-examination; notice
44-17-640 Admission to agency of the United States; jurisdiction retained
44-17-660 Payment to state employees not acting as state employees
44-17-810 Release or discharge shall be upon own recognizance
44-17-860 Unlawful taking of person from mental health facility without permission
44-17-865 Notification to law enforcement officials of absent patients
44-17-870 Reconfinement of eloped committed patient
44-17-890 Discharge or leave of absence during Judicial proceeding
44-17-900 Officials not liable for release or discharge of patient
TITLE 44 CHAPTER 22 RIGHTS OF MENTAL HEALTH PATIENTS
Section
44-22-10 Definitions
44-22-20 Right to writ of habeas corpus
44-22-30 Right to counsel for involuntarily committed persons
44-22-40 Consent to electro-convulsive therapy or major medical treatment
44-22-50 Treatment suited to needs; least restrictive care and treatment
44-22-60 Rights with regard to admission and individualized treatment plan
44-22-70 Assessment, individualized treatment plan, discharge and notice
44-22-80 Patients' rights
44-22-90 Communications with mental health professionals privileged; exceptions
44-22-100 Confidentiality of records; exceptions; violations and penalties
44-22-110 Access to medical records; appeal of denial of access
44-22-120 Patients' rights; communication; visitors; property and religious practice
44-22-130 Examination to rule out physical condition mimicking mental illness
44-22-140 Treatment and medication; right with respect to refusal of treatment
44-22-150 Restraint; seclusion; physical coercion
44-22-160 Employment within facility; compensation; right to refuse
44-22-170 Education of school-aged residents
44-22-180 Exercise and exercise facilities; right to go outdoors
44-22-190 Finding employment for mentally disabled citizens
44-22-200 Move of patient to less restrictive setting
44-22-210 Temporary leaves of absence
44-22-220 Grievances concerning patient rights; penalties for denial of patient rights
TITLE 44 CHAPTER 23 PROVISIONS APPLICABLE TO BOTH MENTALLY ILL AND MENTALLY RETARDED PERSONS
44-23-10 Definitions
44-23-20 Inapplicability to Whitten Center
44-23-30 Nonresident licensed physician may examine resident patient out of state
44-23-40 Appeal to court from rules and regulations
44-23-50 Admission to psychiatric institute maintained for training and research
44-23-210 Transfer to or between mental health or mental retardation facility
44-23-220 Admission of persons in jail
44-23-240 Causing unwarranted confinement
44-23-250 Signature of superintendent of institution
44-23-410 Determination of capacity to stand trial
44-23-420 Designated examiners; report
44-23-430 Hearing on fitness to stand trial; order of court
44-23-440 Finding of unfitness to stand trial shall not preclude defense on merits
44-23-450 Re-examination of finding of unfitness
44-23-460 Procedure when person no longer requires hospitalization
44-23-1080 Patients denied access to contraband
44-23-1100 Disclosure of copies of completed forms retained by probate judges
44-23-1110 Charges for maintenance, care and services
44-23-1120 Liability of estate of deceased patient or trainee
44-23-1130 Contracts for care and treatment
44-23-1140 Lien for care and treatment
44-23-1150 Sexual intercourse with patient or trainee
TITLE 44 CHAPTER 24 COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT
Section
44-24-10 Definitions
44-24-20 Voluntary Admission; notification of guardian ad litem
44-24-30 Admission of child sixteen or older; determination of voluntariness
44-24-40 Discharge of voluntarily admitted child; grounds for not effecting discharge
44-24-50 Periodic notification of right to release
44-24-60 Emergency admission of child to inpatient hospital
44-24-70 Taking custody of child needing emergency admission
44-24-80 Transportation of child to hospital
44-24-90 Notification of petition; right to counsel; examination and conclusions
44-24-100 Notice of hearing for emergency or judicial admission
44-24-110 Examiners' reports; disposition
44-24-120 Removal of proceedings to another county
44-24-130 Hearing location; testimony; rules of evidence; transcript
44-24-140 Determination after presentation of evidence
44-24-150 Commitment by family court for psychiatric evaluation; judicial admission
44-24-160 Examination and review of child admitted to inpatient program
44-24-170 Right to reexamination
44-24-180 Court review of case and child involuntarily admitted
44-24-190 Notification to court when moved; approval for more restrictive program
44-24-200 Unauthorized absence of child from facility or residential program
44-24-210 Unlawful removal of from inpatient facility or residential program
44-24-220 Requirement of discharge planning and continuity of service in community
44-24-230 Provision of community-based treatment as alternative to hospitalization
44-24-240 Agency participation in service planning and provision; records exchange
44-24-250 Consultation with parent or guardian; participation in treatment
44-24-260 Right to communicate, consult, or visit
44-24-270 Personal, civil, and property rights of child in treatment program
44-24-280 Prohibited use of restraint; seclusion, or physical coercion, punishment
TITLE 44 CHAPTER 25 INTERSTATE COMPACT ON MENTAL HEALTH
Section
44-25-10 Compact enacted into law
44-25-20 Terms of compact
44-25-30 Director of Mental Health and Director of Disabilities and Special Needs
44-25-40 Supplementary agreements with other states
44-25-50 Family of transferee consulted; probate court approval of transfer
44-25-60 Payment of obligations
TITLE 44 CHAPTER 27 PATIENTS AT FEDERAL INSTITUTIONS
Section
44-27-10 Powers of federal institution over patient
44-27-20 Jurisdiction and powers over person ordered admitted by foreign court
44-27-30 Transfer of individual to federal agency
TITLE 44 CHAPTER 48 SEXUALLY VIOLENT PREDATOR ACT
Section
44-48-10 Short Title
44-48-20 Legislative findings
44-48-30 Definitions
44-48-40 Notification regarding release, hearing or parole; effective dates
44-48-50 Multidisciplinary tem; appointments; review of records; membership
44-48-60 Prosecutor's review committee; scope of review; membership requirements
44-48-70 Petition for probable cause determination
44-48-80 Determination of probable cause; custody; hearing; evaluation
44-48-90 Trial; counsel; access of examiners to person; payment of expenses
44-48-100 Determining predator status; control, care and treatment
44-48-110 Periodic mental examination; report; petition for release; hearing
44-48-120 Petition of release; hearing ordered by court
44-48-130 Grounds for denial of petition for release
44-48-140 Confidential information and records to agencies and attorney general
44-48-150 Evidentiary records; court order to open sealed records
44-48-160 Registration of persons released from commitment
44-48-170 Involuntary detention or commitment; constitutional requirements
TITLE 44 CHAPTER 52 ALCOHOL AND DRUG ABUSE COMMITMENT
Section
44-52-5 Statement of policy
44-52-10 Definitions
44-52-20 Voluntary admission
44-52-30 Discharge of voluntary patient
44-52-40 Release of voluntary patient
44-52-50 Procedure for emergency admission
44-52-60 Preliminary judicial review; attorney access to documents
44-52-65 Transfer of patients under emergency commitment
44-52-70 Involuntary commitment; examination; report; judicial proceedings
44-52-80 Involuntary commitment; notice of hearing
44-52-90 Contents of report; background investigation; counsel access to reports
44-52-110 Involuntary commitment, conduct of hearing and effect of findings
44-52-120 Involuntary commitment; period of treatment
44-52-130 Transfer of patient
44-52-140 Release of a patient for temporary leave of absence
44-52-150 Reconfinement of committed patient who left facility without permission
44-52-160 Violation of conditions of release; supplemental proceedings; recommitment
44-52-165 Patients receiving alcohol and drug addiction services; offenses
44-52-200 Authority of State Department of Mental Health
44-52-210 Comprehensive program for chemically dependent persons
TITLE 17 CHAPTER 24 MENTALLY ILL OR INSANE DEFENDANTS
Section
17-24-10 Affirmative defense
17-24-20 Guilty but mentally ill; general requirements for verdict
17-24-30 Form of verdict
17-24-40 Commitment of defendant found not guilty by reason of insanity
17-25-50 Length of confinement of defendant guilty by reason of insanity
17-24-60 Petition by attorney of defendant found not guilty by reason of insanity
17-24-70 Sentencing of defendant found guilty but mentally ill
17-24-80 Release of defendant
TITLE 43 CHAPTER 35 ADULT PROTECTION
Section
43-35-5 Short Title
43-35-10 Definitions
43-35-13 Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult
43-35-15 Long Term Care Ombudsman Program; Adult Protective Services
Program; responsibilities
43-35-20 Additional powers of investigative entities
43-35-25 Persons required to report abuse, neglect, or exploitation of
adult; reporting
methods
43-35-30 Photographing of visible trauma on abused adult
43-35-35 Reports of deaths believed result of abuse or neglect of adult
43-35-40 Initiation of investigation; reports to law enforcement
43-35-45 Warrant from family court to permit investigation of report; order for protective services; appointment of guardian and attorney; evaluation; hearing; review; semi-annual re-evaluation; payment for services
43-35-50 Abrogation of privilege for certain communications
43-35-55 Protective custody by law enforcement officer; procedure;
notification of
protective services program; subsequent proceedings
43-35-60 Sharing of report information by investigative entities; public confidentiality
43-35-65 Notices to be displayed at facilities
43-35-70 Reports to occupational licensing boards
43-35-75 Immunity of person making report or participating in investigation in good faith
43-35-80 Action by Attorney General against person or facility for
failure to exercise
responsible care; fine
43-35-85 Penalties
43-35-90 Article not to affect authority of agencies
43-35-90 Council created; membership filling vacancies
43-35-320 Responsibilities of council
43-35-330 Duties of council
43-35-340 Officers; terms of office; quorum
43-35-350 Meetings
SOUTH CAROLINA PROBATE CODE
TITLE 62 CHAPTER 5 PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section
62-5-105 Director of the Department of Mental Health or his designee may act as conservator
Chapter 87
Section
87-1 Designated Examiners
87-2 Parking Regulations
87-3 Forms
87-4 Public Record
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