South Carolina § 44-15-80 - Powers and duties of Department.

§ 44-15-80. Powers and duties of Department.

In addition to the powers and duties already conferred by law, the Department of Behavioral Health and Developmental Disabilities shall:

(1) Promulgate rules and regulations governing the eligibility of community mental health programs to receive State grants, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel;

(2) Govern eligibility for service so that no person will be denied service on the basis of inability to pay and so that anyone who cannot afford to pay for necessary treatment at the rate customarily charged in available private practice shall be eligible to receive services from the community mental health clinic;

(3) Provide for establishment of fee schedules and reduction of balance due which shall be based upon ability to pay;

(4) Regulate fees for consultation and diagnostic services, which services may be provided to anyone without regard to his financial status when such person is referred by the courts, schools, health or welfare agencies;

(5) Promulgate such other rules and regulations as it deems necessary to carry out the purposes of this article;

(6) Review and evaluate local programs and the performance of all personnel and make recommendations thereon to community mental health boards and program administrators;

(7) Provide consultative staff service to communities to assist in ascertaining local needs and in planning and establishing community mental health programs; and

(8) Employ personnel, certified by the merit system as classified according to existing job classifications, including a State Director of Community Mental Health Services, to be under the supervision of the Office Director of the Office of Mental Health, to implement the provisions of this article.

(9) Require reports from the directors of community mental health programs relating to the intake, examination, diagnosis and file closing of any patient or client.

HISTORY: 1962 Code SECTION 32-1034.28; 1961 (52) 110; 1979 Act No. 42 SECTION 3; 1993 Act No. 181, SECTION 1077; 2000 Act No. 253, SECTION 5.

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.