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South Carolina Statutes, Title 44

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South Carolina/Statutes

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Title 44, Health

80 chapters · 1,679 sections in this title.

All chapters in Title 441,679 Ch 7, Title 44, Chapter 7229 Ch 53, Title 44, Chapter 53148 Ch 55, Title 44, Chapter 5575 Ch 43, Title 44, Chapter 4374 Ch 20, Title 44, Chapter 2059 Ch 56, Title 44, Chapter 5657 Ch 6, Title 44, Chapter 656 Ch 61, Title 44, Chapter 6151 Ch 96, Title 44, Chapter 9650 Ch 1, Title 44, Chapter 135 Ch 41, Title 44, Chapter 4134 Ch 29, Title 44, Chapter 2932 Ch 17, Title 44, Chapter 1731 Ch 24, Title 44, Chapter 2428

1,679 sections·Filtered byTitle 44✕

S.C. Code Ann. § 44-11-60 Establishment of mental health clinics
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The Department of Behavioral Health and Developmental Disabilities shall establish mental health clinics throughout the State and shall supervise them.
S.C. Code Ann. § 44-11-70 Employment and powers of law enforcement officers for facilities
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The Department of Behavioral Health and Developmental Disabilities may employ law enforcement officers as may be necessary to maintain the security of state mental health facilities. The law enforcement officers must be vested with all the powers and charged with all the duties o…
S.C. Code Ann. § 44-11-75 Entering or refusing to leave state mental health facility following warning or request; penalty
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(A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to…
S.C. Code Ann. § 44-12-10 Definitions
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For the purposes of this chapter: (1) "Director" means the head of the Department of Behavioral Health and Developmental Disabilities. (2) "Department" means the Department of Behavioral Health and Developmental Disabilities. (3) "Office" or "component office" means any one or mo…

Showing 401–450 of 1,679

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S.C. Code Ann. § 44-12-20 Department of Behavioral Health and Developmental Disabilities; creation

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There is created within the executive branch of the state government an agency to be known as the Department of Behavioral Health and Developmental Disabilities. The department shall be organized as provided in this chapter and shall have the duties, functions, and powers provide…

S.C. Code Ann. § 44-12-30 Director; appointment and removal

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The department shall be headed by a director who shall be appointed by the Governor with the advice and consent of the Senate. The director may be removed from office as provided in Section 1-3-240(B).

S.C. Code Ann. § 44-12-40 Director; powers and duties

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In performing his duties as authorized by this chapter, the director: (1) shall develop and execute a cohesive and comprehensive plan for services provided by the component offices housed within the department; (2) shall develop the budget for the department, including the compon…

S.C. Code Ann. § 44-12-50 Component offices; creation

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(A) The Department of Behavioral Health and Developmental Disabilities shall consist of the following component offices: (1) the Office of Intellectual and Developmental Disabilities; (2) the Office of Mental Health; and (3) the Office of Substance Use Services. (B)(1) Each compo…

S.C. Code Ann. § 44-12-60 Component offices; subject to management of department director

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The component offices shall carry out their duties, functions, and powers as provided in their respective enabling statutes and as otherwise provided by laws subject to the management decisions, policy development, and standards established of and by the department director as pr…

S.C. Code Ann. § 44-13-05 Protective custody; procedures

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(A) Except as provided for in Sections 56-5-2930 and 56-5-2950, if a law enforcement officer observes a person conducting himself in a manner that causes the law enforcement officer to reasonably believe that the person is mentally ill or is suffering from chemical dependency and…

S.C. Code Ann. § 44-13-10 Detention of individual pending removal to facility

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Pending his removal to a State mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home or any other suitable facility under such reasonable conditions as the county governing body, superviso…

S.C. Code Ann. § 44-13-20 Admission of resident ordered committed by foreign court

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Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of …

S.C. Code Ann. § 44-13-30 Removal of patient or trainee who is not a citizen of this State

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Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned sh…

S.C. Code Ann. § 44-13-40 Removal of alien patient or trainee

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If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Office of Mental Health of the name of the person and all ascertainable information as to race, nativity, date…

S.C. Code Ann. § 44-13-50 Return of patient to out-of-state mental health facility

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If a mentally ill patient from an out-of-State mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public o…

S.C. Code Ann. § 44-13-60 Transfer of custody of infirm or harmless patient or trainee

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The Office of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Office of Mental Health, the fa…

S.C. Code Ann. § 44-13-70 Admission forms to be kept by probate judges

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The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52.

S.C. Code Ann. § 44-15-10 Establishment of local mental health programs and clinics authorized

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Any county, city, town, political subdivision, or any combination thereof, of over one hundred thousand population, and upon consent of the Department of Behavioral Health and Developmental Disabilities, any city, county, town, or political subdivision, or combination thereof, wi…

S.C. Code Ann. § 44-15-20 Services for which funds may be granted

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The Department of Behavioral Health and Developmental Disabilities may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation …

S.C. Code Ann. § 44-15-30 Applications for grants by local units

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Any county, city, town, political subdivision, nonprofit corporation or community mental health board administering a mental health services program may apply for the assistance provided by this article by submitting annually to the Department of Behavioral Health and Development…

S.C. Code Ann. § 44-15-40 Allocation of funds; review of expenditures

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At the beginning of each fiscal year the Department of Behavioral Health and Developmental Disabilities shall allocate available funds to the mental health programs for disbursement during the fiscal year in accordance with such approved plans and budgets. The department shall, f…

S.C. Code Ann. § 44-15-50 Grants for mental health services

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Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.

S.C. Code Ann. § 44-15-60 Establishment and membership of community mental health boards

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Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen …

S.C. Code Ann. § 44-15-70 Powers and duties of community mental health boards

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Subject to the provisions of this article and the rules and regulations of the Department of Behavioral Health and Developmental Disabilities, each community mental health board shall: (1) Be the administrative agency for the community mental health services program; and it shall…

S.C. Code Ann. § 44-15-80 Powers and duties of Department

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In addition to the powers and duties already conferred by law, the Department of Behavioral Health and Developmental Disabilities shall: (1) Promulgate rules and regulations governing the eligibility of community mental health programs to receive State grants, prescribing standar…

S.C. Code Ann. § 44-15-90 Unexpended appropriations

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If any balances of appropriations for the program authorized by this article are unexpended during any fiscal year, the Department of Behavioral Health and Developmental Disabilities may carry such balances forward to the next fiscal year; provided, that not more than five per ce…

S.C. Code Ann. § 44-17-310 Voluntary admission

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If in the judgment of the director of a state hospital the person is a proper subject for voluntary admission, the director of the hospital shall admit for treatment an individual who is eighteen years of age or over and applies for admission.

S.C. Code Ann. § 44-17-320 Discharge of voluntary patient by superintendent

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The superintendent of a hospital shall discharge any voluntary patient who has recovered or whose detention he determines to be no longer advisable.

S.C. Code Ann. § 44-17-330 Discharge at request of patient or another person

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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 fo…

S.C. Code Ann. § 44-17-340 Written notice of right to release

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At the time of his admission to the hospital and once during the first six months of hospitalization and annually thereafter a voluntary patient shall be informed in writing of his right to release. The patient's spouse, parent, legal guardian or other interested person shall als…

S.C. Code Ann. § 44-17-410 Emergency admission of person likely to cause serious harm; procedures; court review; assessment by examiners; initiation of emergency commitment procedures; hearing; right to counsel

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A person may be admitted to a public or private hospital, mental health clinic, or mental health facility for emergency admission upon: (1) written affidavit under oath by a person stating: (a) a belief that the individual is a person with a mental illness as defined in Section 4…

S.C. Code Ann. § 44-17-415 Physical examination report to accompany certification for emergency admission

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Any certification for an emergency admission of a person fifty-five years of age or older who, at the time of the petition, is a patient in a hospital or a resident of a nursing care facility pursuant to Section 44-17-410 must be accompanied by the results of the most recent phys…

S.C. Code Ann. § 44-17-420 Notice of hearing

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At least five days before the hearing scheduled by the court pursuant to Section 44-17-410(3), the clerk or other officer of the probate court shall give written notice of the hearing to the person, his counsel, the applicant, and other interested persons. The notice must include…

S.C. Code Ann. § 44-17-430 Examination under custody of person requiring immediate hospitalization when examination not otherwise possible

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If a person believed to be mentally ill and because of this condition likely to cause serious harm if not immediately hospitalized cannot be examined by at least one licensed physician pursuant to Section 44-17-410 because the person's whereabouts are unknown or for any other rea…

S.C. Code Ann. § 44-17-440 Custody and transport of person requiring immediate care; peace officer; friend or relative

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(A) The certificate required by Section 44-17-410, emergency admission, must authorize and require a state or local law enforcement officer, preferably in civilian clothes and preferably with crisis intervention training, to take into custody and transport the person to the hospi…

S.C. Code Ann. § 44-17-450 Preadmission screening and evaluation in psychiatric emergencies

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The Office of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local…

S.C. Code Ann. § 44-17-460 Examinations prior to emergency admissions to psychiatric facilities

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Prior to the emergency admission of any person to a psychiatric facility of the Office of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes p…

S.C. Code Ann. § 44-17-510 Petition for judicial commitment; certificate of designated examiner

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Proceedings for involuntary hospitalization by judicial procedure may be commenced by filing a written petition with the probate court of the county where he is present or where he is a resident by any interested person or the superintendent of any public or private mental instit…

S.C. Code Ann. § 44-17-520 Notice of petition and right to counsel

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Upon receipt of a petition the court shall give notice thereof to the proposed patient, to his legal guardian, if any, and to any other interested person. This notice shall also indicate the proposed patient's right to counsel.

S.C. Code Ann. § 44-17-530 Appointment of counsel; examination and record

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Within three days after the petition for judicial commitment set forth in Section 44-17-510 is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the person if counsel has not been retained and the court shall appoint two desi…

S.C. Code Ann. § 44-17-540 Hearing to be held if examiners find mental illness

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If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill to the extent that involuntary treatment is required, the court shall terminate the proceedings and dis…

S.C. Code Ann. § 44-17-550 Notice of hearing and rights

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Notice of the hearing must be given to the person, his counsel, and other interested persons at least five days before the hearing. Notice must include the time, date, and place of the hearing, the underlying facts, and the standards under which the person is sought to be committ…

S.C. Code Ann. § 44-17-560 Removal of proceedings to another county

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The individual shall have the right to demand removal of the proceedings to any other county of the State when the convenience of the witnesses and the ends of justice so require. When the place of the proceedings is changed all other proceedings shall be had in the county to whi…

S.C. Code Ann. § 44-17-570 Conduct of hearing

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All persons to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses and the court may receive the testimony of any other person. The court may exclude all persons not necessary for the conduct of t…

S.C. Code Ann. § 44-17-580 Hospitalization of person if court finds mental illness and other conditions

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(A) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition: (1) lacks sufficient insight or capacity to make responsible decis…

S.C. Code Ann. § 44-17-600 No admission based on order more than thirty days after it has been rendered

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Any individual with respect to whom such order of hospitalization has been issued shall not be admitted to any public or private mental health facility or hospital on the basis thereof at any time after the expiration of thirty days following the date of the judicial order, unles…

S.C. Code Ann. § 44-17-610 Commitment to private, county, Veterans' Administration, or other hospital

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Upon request by the individual, his relatives, spouse or guardian and agreement by the superintendent of the hospital concerned, the court may order the hospitalization of the patient in any private, county, Veterans' Administration or other suitable institution. Neither the Stat…

S.C. Code Ann. § 44-17-620 Appeal

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The petitioner or the person shall have the right to appeal from any order of the probate court issued pursuant to Section 44-17-580 to the court of common pleas of the county where the probate court is situated. The notice of intention to appeal together with the grounds for the…

S.C. Code Ann. § 44-17-630 Right to reexamination; notice

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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…

S.C. Code Ann. § 44-17-640 Admission to agency of the United States; jurisdiction retained

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If any person ordered to be admitted to an institution pursuant to this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, is eligible for institutional care or treatment by any agency of the United States, the court, upon receipt of …