South Carolina Code of Laws
Chapter 26 - Rights Of Clients With Intellectual Disability
Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

(A) Before or at the time of admission to an intellectual disability residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client's rights while under the care of the facility.
(B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client's attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain:
(1) a statement of the nature and degree of the client's intellectual disability and the needs of the client;
(2) if a physical examination has been conducted, the client's physical condition;
(3) a description of intermediate and long-range habilitative goals and, if possible, future available services;
(4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why.
(C) An intellectual disability professional shall review each client's individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client's record. The interdisciplinary team shall conduct a full review of the client's records and habilitation program annually.
(D) Included in a review must be a reassessment of the client's plan of habilitation. If the reassessment indicates a need for revisions in the client's plan of habilitation, the revisions must be implemented.
(E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to Section 44-26-120.
(F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to Section 44-26-80.
HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 26 - Rights Of Clients With Intellectual Disability

Section 44-26-10. Definitions.

Section 44-26-20. Right to writ of habeas corpus.

Section 44-26-30. Right to representation by counsel.

Section 44-26-40. Determination of competency to consent to or refuse major medical treatment.

Section 44-26-50. Health care decisions of client found incompetent to consent to or refuse major medical treatment.

Section 44-26-60. Health care decisions of minor clients.

Section 44-26-70. Human rights committees.

Section 44-26-80. Appeal of decisions concerning services or treatment provided.

Section 44-26-90. Rights of client not to be denied.

Section 44-26-100. General rights of clients; limitations on rights.

Section 44-26-110. Right to daily physical exercise.

Section 44-26-120. Access to medical and habilitative records; grounds for denial of access; appeal of denial of access; disclosure form.

Section 44-26-130. Confidentiality of communications with, and records of clients; disclosure.

Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.

Section 44-26-150. Clients to be informed of rights upon admission; written individualized plan of habilitation; review of plan; revision of, or changes in, plan.

Section 44-26-160. Mechanical, physical, or chemical restraint of clients.

Section 44-26-170. Use of certain types of behavior modification.

Section 44-26-180. Informed consent required for participation in research; promulgation of regulations.

Section 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.

Section 44-26-200. State Employment Services Division and State Agency of Vocational Rehabilitation to find employment for citizens with intellectual disability.

Section 44-26-210. Penalties for denying client rights accorded under this chapter.

Section 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.