§ 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 40-5-10
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means probate court. See South Carolina Code 40-5-10
  • Department: means the State Department of Mental Health. See South Carolina Code 40-5-10
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of the Department of Mental Health. See South Carolina Code 40-5-10
  • Facility: means a residential program operated by the department. See South Carolina Code 40-5-10
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • 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 40-5-10
  • 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 40-5-10
  • 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 40-5-10
  • Personal property: All property that is not real property.
  • 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
  • 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 40-5-10
  • 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.
  • 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 40-5-10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.