All Roll Calls
Yes: 181 • No: 4
South CarolinaS 0002126th General Assembly (2025-2026)Senate
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 12 TO TITLE 44 SO AS TO ESTABLISH THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES COMPRISED OF THE OFFICE OF INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE OF SUBSTANCE USE SERVICES, AND TO PROVIDE FOR THE DEPARTMENT'S POWERS, DUTIES, AND AUTHORITY; BY AMENDING SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES, AND TO REMOVE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND THE DEPARTMENT OF MENTAL HEALTH; BY AMENDING SECTION 8-17-370, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT THE DIRECTOR OF THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES AND CERTAIN OTHER DEPARTMENT STAFF FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE; BY AMENDING SECTIONS 44-20-30, 44-20-210, 44-20-220, 44-20-230, 44-20-240, AND 44-20-255, ALL RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO MAKE CONFORMING CHANGES TO INCLUDE DEFINITION REVISIONS, ELIMINATION OF THE DEPARTMENT'S COMMISSION, RENAMING THE DEPARTMENT AS THE OFFICE OF INTELLECTUAL AND DEVELOPMENTAL DISABILITIES WITHIN THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES, AND REASSIGNMENT OF THE COMMISSION'S DUTIES; BY AMENDING SECTIONS 44-49-10 AND 44-49-20, BOTH RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO MAKE CONFORMING CHANGES BY RENAMING THE DEPARTMENT AS THE OFFICE OF SUBSTANCE USE SERVICES WITHIN THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES; BY AMENDING SECTIONS 44-9-10, 44-9-20, AND 44-9-30, ALL RELATING TO DEPARTMENT OF MENTAL HEALTH, SO AS TO MAKE CONFORMING CHANGES TO INCLUDE RENAMING THE DEPARTMENT AS THE OFFICE OF MENTAL HEALTH WITHIN THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES, ESTABLISHING QUALIFICATIONS FOR THE OFFICE DIRECTOR, AND ELIMINATING THE DEPARTMENT OF MENTAL HEALTH'S COMMISSION AND REASSIGNING THE COMMISSION'S DUTIES; BY ADDING SECTION 1-30-150 SO AS TO REQUIRE CERTAIN STATE AGENCIES TO DEVELOP AND EXECUTE A PLAN TO ENSURE SERVICES AND SUPPORT ARE PROVIDED, TO THE GREATEST EXTENT POSSIBLE, TO INDIVIDUALS WITH DISABILITIES IN THE COMMUNITY, IN ACCORDANCE WITH FEDERAL LAW, AND TO PROVIDE FOR THE APPOINTMENT OF AN ADMINISTRATOR OF COMMUNITY LIVING INTEGRATION AND A HEALTH PLANNING ADVISORY COMMITTEE; BY AMENDING SECTION 44-21-80, RELATING TO REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS, SO AS TO REQUIRE THAT THE CENTERS PROVIDE NEURODEVELOPMENTAL EVALUATION AND LIMITED TREATMENT SERVICES FOR INDIVIDUALS UP TO TWENTY-ONE YEARS OF AGE WHO HAVE CERTAIN SUSPECTED OR DIAGNOSED NEURODEVELOPMENTAL DISORDERS; BY REPEALING SECTIONS 44-9-40 AND 44-9-50 RELATING TO THE DEPARTMENT OF MENTAL HEALH; AND FOR OTHER PURPOSES.
Sponsored By: Harvey S. Peeler, Jr. (Republican)
Signed by Governor
Summary
Department of Behavioral Health and Developmental Disabilities
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 5 benefits, 1 costs, 0 mixed.
More neurodevelopmental help up to 21
Regional developmental centers must provide neurodevelopmental evaluations and limited treatment for youth up to age 21. Services apply if a disorder is suspected or diagnosed, or if the person is referred and accepted for services. When funding allows, the centers work to grow the workforce, train community providers, improve regional family-centered care, and join research.
Shared data and tools to coordinate care
The director can require offices and needed agencies to share data as allowed by federal law. The department must buy secure software to view needs, chat with partners, send referrals, and track outcomes in one record. The department must follow statewide IT rules. Back‑office work like finance, HR, budgeting, and IT is combined to cut duplicate work. The director can hire staff and contract with other groups to get the work done.
One department for mental health and disabilities
The law creates a single Department of Behavioral Health and Developmental Disabilities. It combines three former agencies into three offices for disabilities, mental health, and substance use. The Governor appoints the department director with Senate approval. The former agency heads serve as interim office directors at first. State law is updated to use the new office names, and old mental health code sections are repealed.
Unified plan and budget for services
The director must create one clear plan for services across the department. Budgets for each office must match that plan. Each year, the director reports results to the Governor and lawmakers. Through 2028, the report also reviews duplicate services and ways to improve efficiency while keeping quality and access.
State plan for more community living
State agencies must make and carry out a plan to provide services in the community, consistent with the ADA and the Olmstead decision. The Public Health Director appoints an Administrator of Community Living Integration and an Americans with Disabilities Coordinator. A health planning advisory committee with providers, people with disabilities, advocates, payers, and public health experts helps shape the plan. Committee members can get standard mileage and subsistence.
Fewer grievance rights for top staff
The state employee grievance process no longer applies to the department director. It also does not apply to employees who report directly to the department director or to an office director. This change affects only those named roles within the new department.
Sponsors & Cosponsors
Sponsor
Harvey S. Peeler, Jr.
Republican • Senate
Cosponsors
Thomas C. Alexander
Republican • Senate
Tom Davis
Republican • Senate
Tameika Isaac Devine
Democrat • Senate
Billy Garrett
Republican • Senate
Darrell Jackson
Democrat • Senate
Ed Sutton
Democrat • Senate
Ross Turner
Republican • Senate
Roll Call Votes
Senate vote • 4/16/2025
(Department of Behavioral Health and Developmental Disabilities)to concur
Yes: 40 • No: 2
House vote • 4/9/2025
(Department of Behavioral Health and Developmental Disabilities)Passage of Bill
Yes: 99 • No: 0
Senate vote • 2/26/2025
(Department of Behavioral Health and Developmental Disabilities)2nd Reading
Yes: 42 • No: 2
Actions Timeline
Act No. 3
5/7/2025legislatureEffective date 04/28/25
5/7/2025legislatureSigned By Governor
4/28/2025GovernorRatified R 10
4/24/2025legislatureRoll call Ayes-40 Nays-2
4/16/2025SenateConcurred in House amendment and enrolled
4/16/2025SenateRead third time and returned to Senate with amendments
4/10/2025HouseRoll call Yeas-99 Nays-0
4/9/2025HouseRead second time
4/9/2025HouseAmended
4/9/2025HouseScrivener's error corrected
4/8/2025legislatureCommittee report: Favorable with amendment Medical, Military, Public and Municipal Affairs
4/3/2025HouseReferred to Committee on Medical, Military, Public and Municipal Affairs
3/5/2025HouseIntroduced and read first time
3/5/2025HouseRead third time and sent to House
2/27/2025SenateScrivener's error corrected
2/27/2025legislatureRoll call Ayes-42 Nays-2
2/26/2025SenateRead second time
2/26/2025SenateCommittee Amendment Adopted
2/26/2025SenateScrivener's error corrected
2/25/2025legislatureCommittee report: Favorable with amendment Medical Affairs
2/20/2025SenateScrivener's error corrected
1/21/2025legislatureScrivener's error corrected
1/15/2025legislatureReferred to Committee on Medical Affairs
1/14/2025SenateIntroduced and read first time
1/14/2025Senate
Bill Text
Introduced
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