§ 44-22-10 — Definitions.

South Carolina § 44-22-10

• Jurisdiction: South Carolina
• Title 44: HEALTH
• Ch. 22: RIGHTS OF MENTAL HEALTH PATIENTS

Text

As used in this chapter: (1) "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. (2) "Office director" means the Office Director of the Office of Mental Health. (3) "Court" means probate court. (4) "Office" means the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities. (5) "Facility" means a residential program operated by the office. (6) "Independent examination" means an examination of a patient by a qualified employee of the office. (7) "Individual plan of treatment" means a plan written by a multi-disciplinary team setting forth measurable goals and objectives in prescribing an integrated program of individual designed activities or therapies necessary to achieve the goals and objectives. (8) "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. It does not include a routine diagnosis or treatment such as the administration of medications or nutrition or the extraction of bodily fluids for analysis, dental care performed with local anesthetic, procedures which are provided under emergency circumstances, or the withdrawal or discontinuance of medical treatment which is sustaining life functions. (9) "Mental disability" means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable, which reasonably is expected to limit the person's functional ability. (10) "Multi-disciplinary team" means persons drawn from or representing the professional disciplines or service areas included in the treatment plan. (11) "Patient" means an individual undergoing treatment in the office; however, the term does not include a person committed to the office pursuant to Chapter 48 of Title 44. (12) "Patient unable to consent" means a patient unable to appreciate the nature and implications of his condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include a person under eighteen years of age, and this chapter does not affect the delivery of health care to that person unless he is married or has been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for his care if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to his health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration. (13) "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. (14) "Treatment" means the attempted correction or facilitation of a mental illness or alcohol and drug abuse.

Legislative History

HISTORY: 1991 Act No. 127, SECTION 1; 1992 Act No. 279, SECTION 1; 1993 Act No. 181, SECTION 1079; 1998 Act No. 321, SECTION 5; 2015 Act No. 32 (S.474), SECTION 1, eff June 1, 2015. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.