Subcommittee approves narrow 48‑hour emergency decision measure (S.862) after heated debate

The House 3M subcommittee voted to report Senate Bill 862 favorably as amended after extended discussion about safeguards for adults with psychiatric disabilities.

Senator Dion Teter, the bill's primary sponsor, said the measure was born from a constituent's tragic experience and is narrowly tailored to allow temporary decision‑making by a prioritized family member or guardian for up to 48 hours when a licensed physician certifies that an adult is temporarily unable to make informed decisions. "It is limited to a 48 hour window," Teter said, adding that the provision was designed to mirror the emergency alternative in existing involuntary commitment statutes and that the process returns to probate court procedures after 48 hours.

Mandy Halloran, Director of Public Health and Disability Integration at ABLE South Carolina, urged the committee to reject the bill, arguing it risks diminishing the civil rights and autonomy of adults with disabilities and that solutions should prioritize community‑based crisis services. "Expanding decision making authority over adults with psychiatric disabilities risks repeating patterns that the disability rights movement has spent decades working to dismantle," Halloran said.

Chair Sessions offered and the subcommittee adopted an amendment to tighten the emergency threshold — adding an explicit requirement that the certifying physician determine the adult presents an imminent threat of harm — and to preserve due process by reverting to existing procedures after the 48‑hour period. The amendment passed unanimously, and the bill as amended passed the subcommittee; member Shirley Davis said her favorable vote is dependent on input from the full committee.

The measure now goes to the full committee for additional consideration and possible further amendments.