§ 44-22-10 Definitions
§ 44-22-20 Right to writ of habeas corpus
§ 44-22-30 Right to counsel for involuntarily committed persons suffering from mental illness or chemical dependency
§ 44-22-40 Consent to electro-convulsive therapy or major medical treatment; determination of ability to give consent; who may give consent
§ 44-22-50 Treatment suited to needs; least restrictive care and treatment
§ 44-22-60 Explanation of rights with regard to admission to facility; individualized treatment plan
§ 44-22-70 Assessment of patient; establishment and review of individualized treatment plan; discharge plan; notice of discharge
§ 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 with outside; visitors; personal belongings and effects; clothing; religious practice; limits on rights made part of record and valid no more than 30 days
§ 44-22-130 Physical examination of involuntarily committed patient to rule out physical condition mimicking mental illness
§ 44-22-140 Authorization of, and responsibility for, treatment and medication; guidelines for medication; rights with respect to refusal of treatment
§ 44-22-150 Restraint; seclusion; physical coercion
§ 44-22-160 Employment within facility; compensation; right to refuse nontherapeutic employment
§ 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; court approval required for move to more restrictive setting
§ 44-22-210 Temporary leaves of absence
§ 44-22-220 Grievances concerning patient rights; penalties for denial of patient rights

Terms Used In South Carolina Code > Title 44 > Chapter 22

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Attest: means providing the following services:

    (a) an audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

    (b) a review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

    (c) an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

    (d) any engagement to be performed in accordance with Public Company Accounting Oversight Board (PCAOB) Auditing Standards; or

    (e) any examination, review, or agreed upon procedure to be performed in accordance with the SSAE, other than an examination described in subitem (c). See South Carolina Code 40-2-20
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized health care provider: means advanced practice registered nurses and physician assistants licensed in South Carolina and authorized to provide specific treatments, care, or services pursuant to their respective practice acts in Title 40. See South Carolina Code 44-22-10
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the South Carolina Board of Accountancy. See South Carolina Code 40-2-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Compilation: means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) in which the objective of the accountant is to apply accounting and financial reporting expertise to assist management in the presentation of financial statements and reports in accordance with this section without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements in order for them to be in accordance with the applicable financial reporting framework. See South Carolina Code 40-2-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means probate court. See South Carolina Code 44-22-10
  • Department: means the State Department of Mental Health. See South Carolina Code 44-22-10
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of the Department of Mental Health. See South Carolina Code 44-22-10
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means a residential program operated by the department. See South Carolina Code 44-22-10
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firm: includes a person or persons practicing public accounting in the form of a proprietorship, partnership, limited liability partnership, limited liability company, or professional corporation or association. See South Carolina Code 40-2-20
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means authorization to practice as issued under this chapter. See South Carolina Code 40-2-20
  • Licensee: means the holder of a license. See South Carolina Code 40-2-20
  • Major medical treatment: means a medical, surgical, or diagnostic intervention or procedure where a general anesthetic is used or which involves significant invasions of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period. See South Carolina Code 44-22-10
  • Manager: means a licensee in responsible charge of an office. See South Carolina Code 40-2-20
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Multi-disciplinary team: means persons drawn from or representing the professional disciplines or service areas included in the treatment plan. See South Carolina Code 44-22-10
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means an individual undergoing treatment in the department; however, the term does not include a person committed to the department pursuant to Chapter 48 of Title 44. See South Carolina Code 44-22-10
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional: means arising out of or related to the specialized knowledge or skills associated with licensees. See South Carolina Code 40-2-20
  • Reasonably available: means that a person to be contacted may be contacted with diligent efforts by the attending physician or another person acting on behalf of the attending physician. See South Carolina Code 44-22-10
  • Registration: means an authorization to practice as a firm issued under this chapter. See South Carolina Code 40-2-20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • report: includes any form of language which disclaims an opinion when the form of language is conventionally understood to imply positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competency on the part of the person or firm issuing such language, or both; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competency, or both. See South Carolina Code 40-2-20
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam; except that "this State" means the State of South Carolina. See South Carolina Code 40-2-20
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Treatment: means the attempted correction or facilitation of a mental illness or alcohol and drug abuse. See South Carolina Code 44-22-10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.