Title 44, Health

Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness.

(A) The attending physician, the physician on call, or the authorized health care provider, is responsible for and shall authorize medications and treatment given or administered to a patient. The physician's or authorized health care provider's authorization and the medical reas…

(A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the…

(A) Each patient may refuse nontherapeutic employment within the facility. The Office of Mental Health shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately …

(A) The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person. (B) If a school-aged resident is unable to ass…

Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the abse…

The employment division of the South Carolina Department of Employment and Workforce and the Department of Vocational Rehabilitation shall work with the Office of Mental Health in a coordinated effort to find employment for mentally disabled citizens. Services must include, but a…

Patients have the right to the writ of habeas corpus.

The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may not move a patient to a more restrictive s…

(A) The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days. (B) The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions …

(A) The Office of Mental Health shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be reviewed by the office and a determination made concerning whether or not corrective action is warranted. A cop…

Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the Office of Mental Health pursuant to Sections 44-17-530 and 44-52-110.

(A) A patient in need of electro-convulsive therapy or major medical treatment must be examined by a qualified physician to determine if the patient is able to consent to electro-convulsive therapy or major medical treatment. Where a patient is determined unable to consent to sur…

(A) A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humane…

(A) Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility. (B) Within six hours of…

(A) The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care fac…

Unless a patient has been adjudicated incompetent, no patient may be denied the right to: (1) dispose of property, real and personal; (2) execute instruments; (3) make purchases; (4) enter into contractual relationships; (5) hold a driver's license; (6) marry or divorce; (7) be a…

(A) Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are con…