When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7 and 9 of Chapter 17, and Chapter 27, the following terms shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
- (1) "Mentally ill person" means a person afflicted with a mental disease to such an extent that, for his own welfare or the welfare of others or of the community, he requires care, treatment or hospitalization;
- (2) "Likelihood of serious harm" means because of mental illness there is (1) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them or (3) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person's judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community;
- (3) "Patient" means any person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, or any person for whom such hospitalization or treatment is sought;
- (4) "Officer of the peace" means any State, county or city police officer, officer of the State Highway Patrol, sheriff or deputy sheriff;
- (5) "Licensed physician" means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of his official duties;
- (6) "Nonresident licensed physician" means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing his official duties in such state;
- (7) "Designated examiner" means a physician duly licensed by the Board of Medical Examiners of this State or a person registered by the Commission as specially qualified, under standards established by it, in the diagnosis of mental or related illnesses;
- (8) "Superintendent or Director" means the chief executive officer of any mental health facility or hospital receiving patients under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, or a physician appointed as the designee of such superintendent;
- (9) "Director" means the Director of the Department of Mental Health;
- (10) "Department" means the South Carolina Department of Mental Health;
- (11) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and counseling, which may be extended to a patient;
- (12) "Discharge" means an absolute release or dismissal from an institution;
- (13) "Leave of absence" means a qualified release from an institution;
- (14) "State mental health facility" or "facility" means any hospital, clinic, or other institution maintained by the State for the care and treatment of persons who have psychiatric illness;
- (15) "Hospital" means a public or private hospital;
- (16) "Mental health clinic" means any institution, or part thereof, maintained by the State for the diagnosis, treatment and care on an outpatient basis;
- (17) "State hospital" means a hospital, or part thereof, equipped to provide inpatient care and treatment and maintained by the State;
- (18) "Parent" means natural parent, adoptive parent, stepparent, or person with legal custody;
- (19) "Guardian" or "legal guardian" means a person who legally has the care and management of the person of one who is not sui juris;
- (20) "Nearest friend" means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability;
- (21) "Interested person" means a parent, guardian, spouse, adult next of kin, or nearest friend;
- (22) "Attending physician" means the staff physician charged with primary responsibility for the treatment of a patient;
- (23) "Conservator" means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent;
- (24) "Observation" means diagnostic evaluation, medical, psychiatric and psychological examination and care of a person for the purpose of determining his mental condition;
- (25) "Mentally retarded person" means any person, other than a mentally ill person primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for his benefit, or that of the public, special training, education, supervision, treatment, care or control in his home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs;
- (26) "State of citizenship" means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence therefrom and of time spent in service in any of the Armed Forces of the United States; the residence of a person shall be determined by the actual physical presence, not by the expressed intent of such person.