South Carolina H 5019: Mental Illness

Bill Text

2025-2026 Bill 5019 Text of Previous Version (Jan. 27, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5019

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 44-17-410, RELATING TO EMERGENCY 
ADMISSIONS OF INDIVIDUALS SUFFERING FROM MENTAL ILLNESS WHO POSE A DANGER TO 
THEMSELVES OR OTHERS, SO AS TO MAKE CHANGES TO THE ADMISSION AND COMMITMENT 
PROCESS, TO ENSURE THAT THE TREATING FACILITY HAS A COMPLETE MEDICAL HISTORY OF 
THESE PATIENTS, INCLUDING PRIOR HOSPITALIZATIONS, TO SPECIFY INFORMATION THAT 
MUST BE INCLUDED IN REPORTS OF DESIGNATED EXAMINERS, AND FOR OTHER PURPOSES; BY 
AMENDING SECTION 44-17-580, RELATING TO INDIVIDUALS WITH MENTAL ILLNESS WHO DO 
NOT COMPLY WITH THE COURT-ORDERED OUTPATIENT TREATMENT, SO AS TO ADDRESS 
REQUIREMENTS OF SUPPLEMENTAL OR RULE TO SHOW CAUSE HEARINGS TO ADDRESS 
NONCOMPLIANCE; AND BY ADDING SECTION 44-12-70 SO AS TO REQUIRE THE DEPARTMENT 
OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES TO MAINTAIN AN INTEGRATED 
DATABASE WITH COMPLETE MEDICAL RECORDS OF PATIENTS SERVED AT DEPARTMENT 
FACILITIES, A REGISTRY OF ORDERS OF TREATMENT, AND AN INVENTORY OF AVAILABLE 
FACILITY BEDS AND WAITLISTS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 44-17-410 of the S.C. Code is amended to read:

 Section 
44-17-410. 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 44-23-10(21) and because of this condition there is the likelihood of 
serious harm as defined in Section 44-23-10(13) to himself or others if not 
immediately hospitalized;

 (b) 
the specific type of serious harm thought probable if the person is not 
immediately hospitalized and the factual basis for this belief;

 (2) 
a certification in triplicate by at least one licensed physician within two calendar days of the affidavit in item (1) above stating 
that the physician has examined the person and is of the opinion that the 
person is mentally ill and because of this condition is likely to cause harm to 
himself through neglect, inability to care for himself, or personal injury, or 
otherwise, or to others if not immediately hospitalized. The certification must 
contain the grounds for the opinion. A person for whom a certificate has been 
issued may not be admitted on the basis of that certificate after the 
expiration of three calendar days after the date of the examination;

 (3) 
within forty-eight hours after admission, exclusive of Saturdays, Sundays, and 
legal holidays, the place of admission shall forward the affidavit and 
certification to the probate court of the county in which the person resides 
or, in extenuating circumstances, where the acts or conduct leading to the 
hospitalization occurred.

 Within forty-eight 
hours of receipt of the affidavit and certification exclusive of Saturdays, 
Sundays, and legal holidays, the court shall conduct preliminary review of all 
the evidence to determine if probable cause exists to continue emergency 
detention of the patient. If the court finds that probable cause does not 
exist, it shall issue an order of release for the patient. Upon a finding of 
probable cause, the court shall make a written order detailing its findings and 
may order the continued detention of the patient. No 
public or private hospital, mental health clinic, or mental health facility may 
detain a person involuntarily without the affidavit required by item (1) above or 
the certification required by item (2) above.

 Upon 
the receipt of an order finding probable cause, the place of admission shall 
request all medical records relating to previous mental health treatment for 
the person. The Department of Behavioral Health and Developmental Disabilities 
shall securely release to the place of admission within forty-eight hours of 
the request the medical records from all of its offices relating to that 
patient, a list of the number and dates of previous emergency hospitalizations, 
and a list of the courts which have placed the person under an order for 
treatment and the dates of the ordered treatment.

 With each affidavit 
and certification, the treatment facility shall provide the court with a 
designated examiner appointment form listing the names of two designated 
examiners at the treatment facility. All designated 
examiners must be trained by the Department of Behavioral Health and 
Developmental Disabilities. The department is responsible for ensuring that 
every designated examiner receives training and continuing education on the statutory 
responsibilities of designa