All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.  HISTORY: 1962 Code Section 32-37; 1952 Code Section 32-37; 1942 Code Section 5011; 1932 Code Section 5054; Civ. C. '22 Section 2362; Civ. C. '12 Section 1614; 1908 (25) 998; 1993 Act No. 181, Section 1033; 2002 Act No. 339, Section 23, eff July 2, 2002.
 The Department of Health and Environmental Control is invested with all the rights and charged with all the duties pertaining to organizations of like character and is the sole advisor of the State in all questions involving the protection of the public health within its limits.  It shall, through its representatives, investigate the causes, character, and means of preventing the epidemic and endemic diseases as the State is liable to suffer from and the influence of climate, location, and occupations, habits, drainage, scavengering, water supply, heating, and ventilation. It shall have, upon request, full access to the medical records, tumor registries, and other special disease record systems maintained by physicians, hospitals, and other health facilities as necessary to carry out its investigation of these diseases. No physician, hospital, or health facility, or person in charge of these records is liable in any action-at-law for permitting the examination or review. Patient-identifying information elicited from these records and registries must be kept confidential by the department and it is exempt from the provisions of Chapter 4 of Title 30. It shall supervise and control the quarantine system of the State. It may establish quarantine both by land and sea.  HISTORY: 1962 Code Section 32-2; 1952 Code Section 32-2; 1942 Code Section 4998; 1932 Code Section 4998; Civ. C. '22 Section 2309; Civ. C. '12 Section 1570; Civ. C. '02 Section 1085; G. S. 912; R. S. 957; 1878 (16) 729; 1892 (21) 19; 1916 (29) 958; 1972 (57) 2495; 1988 Act No. 336, Section 1.
 The Department of Health and Environmental Control may divide the State into health districts and establish in these districts advisory boards of health which shall consist of representatives from each county in the district. Boards of health now existing in the districts shall have representation on the district advisory board. Counties not having local boards of health shall be represented by individuals appointed by the county legislative delegation. The number of members of a district advisory board shall be determined by the Department with due consideration to the population and community needs of the district. District advisory boards of health shall be subject to the supervisory and advisory control of the Department. District advisory boards are charged with the duty of advising the district medical director or administrator in all matters of sanitary interest and scientific importance bearing upon the protection of the public health.  The district medical director or administrator shall be secretary of the advisory board and the district advisory board shall elect annually from its membership a chairman.  HISTORY: 1962 Code Section 32-7; 1952 Code Section 32-7; 1942 Code Sections 5000, 5024; 1932 Code Sections 5000, 5039; Civ. C. '22 Sections 2311, 2349; Civ. C. '12 Sections 1572, 1605; Civ. C. '02 Sections 1087, 1108; G. S. 914; R. S. 959, 961; 1878 (16) 729; 1883 (18) 291, 292; 1885 (19) 319; 1892 (21) 20; 1970 (56) 2561.
 The Department of Health and Environmental Control may make, adopt, promulgate and enforce reasonable rules and regulations from time to time requiring and providing:  (1) For the thorough sanitation and disinfection of all passenger cars, sleeping cars, steamboats and other vehicles of transportation in this State and all convict camps, penitentiaries, jails, hotels, schools and other places used by or open to the public;  (2) For the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands and all other places or establishments providing eating or drinking facilities and all other places known as private nursing homes or places of similar nature, operated for gain or profit;  (3) For the production, storing, labeling, transportation and selling of milk and milk products, filled milk and filled milk products, imitation milk and imitation milk products, synthetic milk and synthetic milk products, milk derivatives and any other products made in semblance of milk or milk products;  (4) For the sanitation and control of abattoirs, meat markets, whether the same be definitely provided for that purpose or used in connection with other business, and bottling plants;  (5) For the classification of waters and for the safety and sanitation in the harvesting, storing, processing, handling and transportation of mollusks, fin fish and crustaceans;  (6) For the control of disease-bearing insects, including the impounding of waters;  (7) For the safety, safe operation and sanitation of public swimming pools and other public bathing places, construction, tourist and trailer camps and fairs;  (8) For the control of industrial plants, including the protection of workers from fumes, gases and dust, whether obnoxious or toxic;  (9) For the use of water in air humidifiers;  (10) For the care, segregation and isolation of persons having or suspected of having any communicable, contagious or infectious disease;  (11) For the regulation of the methods of disposition of garbage or sewage and any like refuse matter in or near any village, town or city of the State, incorporated or unincorporated, and to abate obnoxious and offensive odors caused or produced by septic tank toilets by prosecution, injunction or otherwise;  (12) For the thorough investigation and study of the causes of all diseases, epidemic and otherwise, in this State, the means for the prevention of contagious disease and the publication and distribution of such information as may contribute to the preservation of the public health and the prevention of disease; and  (13) For alteration of safety glazing material standards and the defining of additional structural locations as hazardous areas, and for notice and hearing procedures by which to effect these changes.  The Department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious and infectious diseases and other danger to the public life and health.  HISTORY: 1962 Code Section 32-8; 1952 Code Section 32-8; 1942 Code Section 5002; 1932 Code Section 5002; Civ. C. '22 Section 2313; 1912 (27) 744; 1926 (34) 1015; 1947 (45) 115; 1968 (55) 3042; 1972 (57) 2687; 1973 (58) 297; 1977 Act No. 153 Sections 1, 2.
 (A) For the purposes of this section:  (1) "Home-based food production operation" means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, and distributes nonpotentially hazardous foods for sale directly to a person, including online and by mail order, or to retail stores, including grocery stores. "Home-based food production operation" does not include preparing, processing, packaging, storing, or distributing aluminum canned goods or charcuterie boards.  (2) "Nonpotentially hazardous foods" are foods that are not potentially hazardous.  (3) "Person" means an individual consumer.  (4) "Potentially hazardous foods" includes:  (a) an animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts; cut melons; cut leafy greens; cut tomatoes or mixtures of cut tomatoes not modified to prevent microorganism growth or toxin formation; garlic-in-oil mixtures not modified to prevent microorganism growth or toxin formation;  (b) certain foods that are designated as Product Assessment Required (PA) because of the interaction of the pH and Aw values in these foods. Below is a table indicating the interaction of pH and Aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged:  Aw values pH values 4.6 or less >4.6-5.6 >5.6 (1) <0.92 non-PHF non-PHF non-PHF (2) >0.92-0.95 non-PHF non-PHF PHF (3) >0.95 non-PHF PHF PHF   Foods in item (2) with a pH value greater than 5.6 and foods in item (3) with a pH value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code.  (B) The operator of the home-based food production operation must take all reasonable steps to protect food items intended for sale from contamination while preparing, processing, packaging, storing, and distributing the items including, but not limited to:  (1) maintaining direct supervision of any person, other than the operator, engaged in the processing, preparing, packaging, or handling of food intended for sale;  (2) prohibiting all animals, including pets, from entering the area in the dwelling in which the home-based food production operation is located while food items are being prepared, processed, or packaged and prohibiting these animals from having access to or coming in contact with stored food items and food items being assembled for distribution;  (3) prohibiting all domestic activities in the kitchen while the home-based food production operation is processing, preparing, packaging, or handling food intended for sale;  (4) prohibiting any person who is infected with a communicable disease that can be transmitted by food, who is a carrier of organisms that can cause a communicable disease that can be transmitted by food, who has an infected wound, or who has an acute respiratory infection from processing, preparing, packaging, or handling food intended for sale by the home-based food production operation; and  (5) ensuring that all people engaged in processing, preparing, packaging, or handling food intended for sale by the home-based food production operation are knowledgeable of and follow safe food handling practices.  (C) Each home-based food production operation shall maintain a clean and sanitary facility to produce nonpotentially hazardous foods including, but not limited to:  (1) department-approved water supply;  (2) a separate storage place for ingredients used in foods intended for sale;  (3) a properly functioning refrigeration unit;  (4) adequate facilities, including a sink with an adequate hot water supply to meet the demand for the cleaning and sanitization of all utensils and equipment;  (5) adequate facilities for the storage of utensils and equipment;  (6) adequate hand washing facilities separate from the utensil and equipment cleaning facilities;  (7) a properly functioning toilet facility;  (8) no evidence of insect or rodent activity; and  (9) department-approved sewage disposal, either onsite treatment or publicly provided.  (D) All food items packaged at the operation for sale must be properly labeled. The label must comply with federal laws and regulations and must include:  (1) the name and address of the home-based food production operation. If a home-based food production operator does not want to include his address on the label, then the department shall provide an identification number to the operator, upon the operator's request, that can be used on the label instead;  (2) the name of the product being sold;  (3) the ingredients used to make the product in descending order of predominance by weight; and  (4) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."  (E) Home-based food operations only may sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail stores, including grocery stores. Food produced from a home-based food production operation shall be considered to be from an approved source, as required of a retail food establishment pursuant to Regulation 61.25. Any retail stores, including grocery stores, that sell or offer to sell home-based food products must post clearly visible signage indicating that home-based food products are not subject to commercial food regulations.  (F) A home-based food production operation is not a retail food establishment and is not subject to regulation by the department pursuant to Regulation 61.25.  (G) The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1).  (H) [Deleted]  (I) The provisions of this section apply in the absence of a local ordinance to the contrary.  HISTORY: 2012 Act No. 190, Section 1, eff June 7, 2012; 2018 Act. No. 231 (H.5063), Section 1, eff. May 18, 2018; 2022 Act No. 208 (S.506), Section 1, eff May 23, 2022.  Effect of Amendment  2018 Act No. 231, Section 1, deleted (H), which had provided that a home-based food production operation could apply for an exemption from inspection and label review by the South Carolina Department of Agriculture.  2022 Act No. 208, Section 1, in (A), in (1), in the first sentence, added ", including online and by mail order, or to retail stores, including grocery stores" at the end, and added the second sentence, and in (2), substituted "foods that are not potentially hazardous" for "candy and baked goods that are not potentially hazardous foods"; in (D), in (1), added the second sentence, in (4), deleted "NOT FOR RESALE-" following "that reads:"; rewrote (E); in (G), substituted "fifteen hundred dollars" for "five hundred dollars"; and added (I).
 (A) Notwithstanding any other provision of law, ground beef or any food containing ground beef prepared by a food service provider for public consumption must be cooked to heat all parts of the food to at least one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), unless otherwise ordered by the immediate consumer.  (B) The food service provider, its business or its employees or agents, are not liable for any adverse affects to the purchaser or anyone else for providing a ground beef product cooked at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), if providing the product is at the request of the purchaser and if the food service provider has notified the purchaser in advance that a possible health risk may exist by eating the product. The notice must state that a possible health risk may exist in eating undercooked ground beef at an internal temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), and be given to the purchaser:  (1) in writing;  (2) as stated on the menu; or  (3) by visible sign warning.  (C) In order for an immediate consumer or purchaser, as used in this section, to request or order ground beef to be cooked to a temperature less than one hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius), the individual must be eighteen years of age or older.  HISTORY: 2006 Act No. 338, Section 1, eff June 8, 2006.
 Fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if the fresh meat or fresh meat products have been returned by the consumer.  HISTORY: 2012 Act No. 173, Section 1, eff May 25, 2012.
 (A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days.  (B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.  (C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.  (D) The term "notice" as used in this section means either actual notice or constructive notice.  (E) This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq.  HISTORY: 1962 Code Section 32-17; 1952 Code Section 32-17; 1942 Code Section 5002-1; 1932 Code Section 5003; Civ. C. '22 Section 2314; Cr. C. '22 Section 395; 1912 (27) 744; 1977 Act No. 148 Section 1; 1983 Act No. 144 Section 1; 2006 Act No. 364, Section 1, eff June 9, 2006.
 Notwithstanding any other provision of law, all shellfish involved in any violation of law, including any regulation, regarding shellfish may be confiscated and disposed of at the discretion of the arresting officer. Any person convicted of a second offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than two hundred dollars and not more than five hundred dollars or imprisoned for not less than thirty days and not more than sixty days. Any person convicted of a third or subsequent offense of harvesting shellfish in any polluted area shall, upon such conviction, be fined not less than five hundred dollars and not more than one thousand or imprisoned for not less than sixty days and not more than ninety days. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a first offense of harvesting shellfish in any polluted area may be impounded at the discretion of the arresting officer. The equipment impounded shall be delivered to the sheriff of the county in which the arrest was made and shall be retained by the sheriff. Such equipment may not be returned to the owner until the case has been finally disposed of. All equipment, including, but not limited to, vehicles, boats, motors, trailers, harvesting equipment, weapons, spotlights, bags, boxes, or tools, used or in any other manner involved in a second, third, or subsequent offense of harvesting shellfish in any polluted area shall be confiscated. All such confiscated equipment shall be sold at auction by the sheriff of the county in which such second, third, or subsequent offense took place and by a representative of the State Department of Health and Environmental Control, except for weapons, which, following confiscation, shall be disposed of in the manner set forth in Sections 16-23-50, 16-23-460, and 16-23-500.  HISTORY: 1983 Act No. 144 Section 2.
 Notwithstanding any other provision of law, all revenue from any fine or any forfeiture of bond for any violation of any shellfish law or regulation provided by this title must be deposited monthly with the treasurer of the county in which the arrest for such violation was made. One-third of such revenue must be retained by the county treasurer to be used for the general operating needs of the county pursuant to the direction of the governing body of the county. Two-thirds of such revenue must be remitted quarterly to the state Department of Health and Environmental Control of which one-half is to be used in enforcing shellfish laws and regulations and one-half of such revenue must be remitted quarterly to the state's general fund. All monies derived from auction sales of confiscated equipment pursuant to Section 44-1-151 must be deposited, retained, remitted, and used in the same manner as provided in this section for all revenue derived from any fine or any violation of any shellfish law or regulation. A report of fines for forfeitures of bonds regarding shellfish violations must be sent to the state Department of Health and Environmental Control monthly by each magistrate and clerk of court in this State. A report of monies derived from auction of sales of confiscated equipment must be sent to the state Department of Health and Environmental Control monthly by each sheriff.  HISTORY: 1983 Act No. 144 Section 3; 2000 Act No. 245, Section 15.
 When any person is apprehended by a shellfish patrolman upon a charge of violating the health and sanitary aspects of shellfish, crab and shrimp laws or regulations, such person upon being served with a summons by the patrolman may in lieu of being immediately brought before the proper judicial officer enter into a formal recognizance or deposit a proper sum of money in lieu of a recognizance or incarceration with the patrolman as bail which shall be not less than the minimum nor more than the maximum fine, but in no case to exceed one hundred dollars. The bail shall be turned over to the proper judicial officer. A receipt for the sum so deposited shall be given to the person by the patrolman. The summons duly served shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of bail the patrolman shall release the person so charged and he may appear in court at the time stated in and required by the summons.  HISTORY: 1962 Code Section 32-17.1; 1977 Act No. 148 Section 2.
 Nothing contained in Section 44-1-140 shall in any way abridge or limit the right of any person to maintain or prosecute any proceedings, civil or criminal, against a person maintaining a nuisance.  HISTORY: 1962 Code Section 32-10; 1952 Code Section 32-10; 1942 Code Section 5002; 1932 Code Section 5002; Civ. C. '22 Section 2313; 1912 (27) 744; 1926 (34) 1015.
 (A) There is established within the Department of Health and Environmental Control the Expedited Review Program to provide an expedited process for permit application review. Participation in this program is voluntary and the program must be supported by expedited review fees promulgated in regulation pursuant to subsection (B)(1). The department shall determine the project applications to review, and the process may be applied to any one or all of the permit programs administered by the department.  (B)(1) Before January 1, 2009, the department shall promulgate regulations necessary to carry out the provisions of this section. The regulations shall include, but are not limited to, definitions of "completeness" for applications submitted, consideration of joint federal- state permitting activities, standards for applications submitted that advance environmental protection, and expedited process application review fees.  (2) Regulations promulgated pursuant to this section must not alter public notice requirements for any permits, certifications, or licenses issued by the department.  (C) Until such time as regulations are promulgated pursuant to subsection (B), the department shall conduct a pilot expedited review program to determine the most environmentally sound, cost efficient, and economically beneficial process for implementation of a statewide expedited review program. The department shall determine which permit programs, or subcomponents of a program, to include in the pilot program and also may establish pilot program expedited process application fees.  (D) There is created the Expedited Review Fund that is separate and distinct from the general fund of the State and all other funds. Fees established in regulation pursuant to subsection (B)(1) and assessed pursuant to subsection (C) must be credited to the fund and used for the costs of implementing the expedited review program. Interest accruing to the fund must be retained by the fund and used for the same purposes. Revenue in the fund not expended during a fiscal year, including fees generated pursuant to subsection (C), must be carried forward to the succeeding fiscal year and must be used for the same purposes.  (E) No later than January 1, 2008, the department shall report to the Board of Health and Environmental Control the department's findings on the implementation of the pilot expedited review program provided for in subsection (C).  HISTORY: 2006 Act No. 307, Section 1, eff May 24, 2006.
 The Department of Health and Environmental Control may direct and supervise the action of the local boards of health in incorporated cities and towns and in all townships in all matters pertaining to such local boards.  HISTORY: 1962 Code Section 32-12; 1952 Code Section 32-12; 1942 Code Section 5006; 1932 Code Section 5015; Civ. C. '22 Section 2326; Civ. C. '12 Section 1585; Civ. C. '02 Section 1001; 1901 (23) 733.
 The Department of Health and Environmental Control may establish charges for maintenance and medical care for all persons served in State health centers and other health facilities under the jurisdiction of the Department and by personnel of the Department and of the health units under its jurisdiction in homes and any other places where health services are needed. The terms "medical care" and "health services" include the services of physicians, dentists, optometrists, nurses, sanitarians, physical therapists, medical social workers, occupational therapists, health aides, speech therapists, X-ray technologists, dietitians, nutritionists, laboratory technicians, and other professional and subprofessional health workers. The charges, which may be adjusted from time to time, shall be reasonable and based on the total costs of the services rendered, including operating costs, depreciation costs, and all other elements of costs.  HISTORY: 1962 Code Section 32-18; 1969 (56) 773; 1970 (56) 2410.
 The Department of Health and Environmental Control shall make such investigations as it deems necessary to determine which persons or which of the parents, guardians, trustees, committees or other persons or agencies legally responsible therefor are financially able to pay the expenses of the care and treatment, and may contract with any person or agency for the care and treatment of any person to the extent permitted by the resources available to the Department. The Department may require any county or State agency to furnish information which would be helpful to it in making the investigations. In arriving at the amount to be charged, the Department shall have due regard for the financial condition and estate of the person, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents, may agree to accept a sum less than the actual cost of services. No person shall be deprived of available health services solely because of inability to pay. No fees shall be charged for services which in the judgment of the Department should be made freely available in order to protect and promote the public health.  HISTORY: 1962 Code Section 32-19; 1969 (56) 773.
 There is created the South Carolina Department of Health and Environmental Control which shall be administered under the supervision of the South Carolina Board of Health and Environmental Control. The board shall consist of eight members, one from each congressional district, and one from the State at large to be appointed by the Governor, upon the advice and consent of the Senate. The member who is appointed at large shall serve as the chairman of the board. The Governor may remove the chairman of the board pursuant to Section 1-3-240(B); however, the Governor only may remove the other board members pursuant to Section 1-3-240(C). The terms of the members shall be for four years and until their successors are appointed and qualify. All vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. In making these appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed.  HISTORY: 1962 Code Section 32-0.1; 1973 (58) 685; 1993 Act No. 181, Section 1030; 2012 Act No. 222, Section 11, eff June 7, 2012.  Editor's Note  2012 Act No. 222, Section 15, provides as follows:  "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
 The Department of Health and Environmental Control may provide home health services to those persons living in areas of the State in which adequate home health services are not available and may charge fees for such services. Home health services shall include care of the ill and disabled rendered at home including, but not limited to, bedside care, treatment and rehabilitation services. In order that it may provide such services, the department may employ the necessary personnel, including nurses, physical therapists, speech therapists, occupational therapists, medical social workers, home health aides, nutritionists, and supervisory personnel, and may purchase equipment and materials necessary to maintain an effective program. The Department shall, wherever possible, assist and advise nonprofit agencies or associations in the development of home health services programs and may enter into agreements with such agencies or associations specifying the type of assistance and advice it will provide.  HISTORY: 1962 Code Section 32-20; 1969 (56) 773.
 All fees and charges collected pursuant to Sections 44-1-180 to 44-1-200, including vital statistics fees as now provided by law, shall be deposited in the State Treasury and shall be used in the operation of the public health program of the bureau, division, district health unit or local county health department which performed the services for which the fees and charges were collected. An annual report shall be made to the State Fiscal Accountability Authority, Executive Budget Office and the Revenue and Fiscal Affairs Office of the receipts and expenditures made under the provisions of Sections 44-1-180 to 44-1-200.  HISTORY: 1962 Code Section 32-21; 1969 (56) 773; 1970 (56) 2410.
 Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B.  HISTORY: 2007 Act No. 49, Section 4, eff June 5, 2007; Reenacted by 2008 Act No. 353, Section 2, Pt 5.A.1, eff July 1, 2008.
 All skilled and intermediate care nursing facilities licensed by the Department of Health and Environmental Control shall be required to furnish an item-by-item billing for all charges to the patient or the person paying such bill, upon request by such patient or person. Items which remain unpaid are not required to be itemized again. Such requests for itemized billing shall remain in effect until further notification by the patient or person paying such bill. Provided, that the provision herein shall not apply to the contracted amount of a state or federal agency. Any amount above such contract shall be itemized as provided herein.  HISTORY: 1975 (59) 279.
 The Department of Health and Environmental Control shall give consideration to any benefits available to an individual, including private, group or other insurance benefits, to meet, in whole or in part, the cost of any medical or health services. Such benefits shall be utilized insofar as possible; provided, however, the availability of such benefits shall not be the sole basis for determining eligibility for program services of the department. Insurance carriers shall not deny payment of benefits otherwise available to the insured solely on the basis that an individual has applied for, or has been deemed eligible to receive, or has received, services, or on the basis that payments have been made for services by the department.  HISTORY: 1977 Act No. 115.
 Upon conducting an early periodic screening, diagnosis, and treatment screening (EPSDT), or another physical examination of a child from which it is determined that the child may benefit from the use of assistive technology, the department or person conducting the screening or examination may refer the child to an appropriate agency for an assistive technology evaluation. For purposes of this section, "assistive technology" means a device or service which is used to increase, maintain, or improve the functional capacities of an individual with a disability. An "assistive technology device" is an item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified, or customized that is used to increase, maintain, or improve the functional capacities of an individual with a disability including, but not limited to, aids for daily living, augmentative communication devices, wheelchairs, and mobility aids, seating and positioning aids, computer aids, environmental controls, home and workplace modifications, prosthetics and orthotics, or aids for vision or hearing impairments. An "assistive technology service" is a service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.  HISTORY: 1997 Act No. 78, Section 1.
 The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels.  HISTORY: 1999 Act No. 99, Section 6.  Editor's Note  2016 Act No. 284, Section 117.128, provides as follows:  "117.128. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2016-17."  2017 Act No. 97, Section 117.119, provides:  "117.119. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2017-18."  2018 Act No. 152, Section 8, provides as follows:  "SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
 A corporation or person whose only purpose is furnishing, supplying, marketing, or selling treated effluent for irrigation purposes, shall not be considered a public utility for purposes of Title 58 by virtue of the furnishing, supplying, marketing, or selling of the treated effluent, provided that the effluent has not been permitted for consumption by the department or other regulatory agency.  HISTORY: 2007 Act No. 106, Section 2, eff January 1, 2008.
 The Board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.  HISTORY: 1962 Code Section 32-0.2; 1973 (58) 685.
 The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.  HISTORY: 2008 Act No. 353, Section 2, Pt 5C, eff July 1, 2009.
 (A) The Department of Health and Environmental Control shall establish a Maternal Morbidity and Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. The committee must be multidisciplinary and composed of members deemed appropriate by the department. The committee also may review severe maternal morbidity. The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and performing other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.  (B) The State Registrar shall provide the following necessary data from death certificates of women who died within a year of pregnancy to the department staff for review to assist in identifying maternal death information:  (1) name;  (2) date and time of death;  (3) state and county of residence;  (4) date of birth;  (5) marital status;  (6) citizenship status;  (7) United States armed forces veteran status;  (8) educational background;  (9) race and ethnicity;  (10) date and time of injury;  (11) place of injury;  (12) location where injury occurred;  (13) place of death (facility name and/or address);  (14) manner of death;  (15) whether an autopsy was performed and findings available as to the cause of death;  (16) whether tobacco contributed to death;  (17) primary and contributing causes of death.  (C) The State Registrar shall provide the following necessary data from birth certificates or fetal death reports linked to the woman for whom data from the death certificate was provided pursuant to subsection (B), where available, to department staff for review to assist in identifying maternal death information:  (1) medical record number;  (2) date of delivery;  (3) location of event;  (4) name of mother;  (5) mother's date of birth;  (6) mother's race and ethnicity;  (7) mother's pregnancy history;  (8) mother's height and weight;  (9) date of last normal menstrual period;  (10) date of first prenatal visit;  (11) number of prenatal visits;  (12) plurality;  (13) use of WIC during pregnancy;  (14) delivery payment method;  (15) cigarette smoking before and during pregnancy;  (16) risk factors during pregnancy;  (17) infections present or treated during pregnancy;  (18) onset of labor;  (19) obstetric procedures;  (20) characteristics of labor and delivery;  (21) maternal morbidity.  (D) The department must not disclose any information collected under this section that would identify the mother or baby with anyone outside the department, including the committee. Identifying information includes, but may not be limited to, names, addresses more specific than the county of residence, medical record numbers, and dates and times of birth or death.  (E) The department, or its representatives, on behalf of the committee, shall:  (1) extract necessary data elements from death certificates and birth certificates or fetal death reports, as applicable, and provide de-identified information to the committee for its review and consideration;  (2) review and abstract medical records and other relevant data;  (3) contact family members and other affected or involved persons to collect additional data.  (F) The committee shall:  (1) review information and records provided by the department;  (2) determine whether maternal death cases reviewed are pregnancy related, as defined as a death within one year of the pregnancy with a direct or indirect causation related to the pregnancy or postpartum period;  (3) consult with relevant experts to evaluate the records and data;  (4) make determinations regarding the preventability of maternal deaths;  (5) develop recommendations for the prevention of maternal deaths; and  (6) disseminate findings and recommendations pursuant to subsection (J).  (G)(1) Health care providers and pharmacies licensed pursuant to Title 40 shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant medical records associated with a case under review by the committee.  (2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this subsection are not liable for civil damages or subject to criminal or disciplinary action for good faith efforts in providing the records.  (3) Coroners and law enforcement shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant records associated with a case under review by the committee.  (H)(1) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this section are not admissible as evidence in any action of any kind in any court or before another tribunal, board, agency, or person. The information, records, reports, statements, notes, memoranda, or other data must not be exhibited nor their contents disclosed, in whole or in part, by an officer or a representative of the department or another person, except as necessary for the purpose of furthering the review of the committee of the case to which they relate. A person participating in a review may not disclose the information obtained except in strict conformity with the review project.  (2) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations authorized by the department pursuant to this section are confidential.  (I)(1) All proceedings and activities of the committee, opinions of members of the committee formed as a result of the proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the department or another person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this section, are confidential and are not subject to the provisions of Chapter 4, Title 30 relating to open meetings or public records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. However, this section must not be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.  (2) Members of the committee must not be questioned in a civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. However, this section must not be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.  (J) Reports of aggregated nonindividually identifiable data for the previous calendar year must be compiled and disseminated by March first of the following year in an effort to further study the causes and problems associated with maternal deaths. Reports must be distributed to the General Assembly, the Director of the Department of Health and Environmental Control, health care providers and facilities, key governmental agencies, and others necessary to reduce the maternal death rate.  (K) Members shall serve without compensation, and are ineligible for the usual mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.  (L) The department shall apply for and use any available federal or private monies to help fund the costs associated with implementing the provisions of this section.  HISTORY: 2016 Act No. 142 (H.3251), Section 2, eff March 14, 2016; 2019 Act No. 42 (S.21), Section 3, eff May 16, 2019.  Effect of Amendment  2019 Act No. 42, Section 3, rewrote the section, changing the operation of the committee by assigning certain responsibilities to the staff of the Department of Health and Environmental Control and providing funding contingencies.
 (A) For purposes of the section, "impacted location" means any facility issued or otherwise subject to a permit, license, or approval from the North Carolina Department of Environment and Natural Resources that has now been determined to be located within the jurisdiction of the South Carolina Department of Health and Environmental Control as a result of the amendments to Section 1-1-10, effective January 1, 2017.  (B) Notwithstanding any other provision of law, the South Carolina Department of Health and Environmental Control, in issuing any environmental permit, license, or approval to an impacted location shall provide a schedule of compliance that allows the permittee a reasonable period of time to be no greater than five years to come into compliance with any South Carolina environmental rule, regulation, or standard established by the department or by law that has no corresponding rule, regulation, or standard under North Carolina law or regulation, or is more stringent than the corresponding rule, regulation, or standard established under North Carolina law or regulation. The department may include increments of progress applicable in each year of the schedule established under this subsection, and may shorten the period of compliance as necessary to prevent an imminent threat to the public health and environment. The department may extend a permittee's compliance schedule under this section beyond five years upon written application by the permittee only if the department determines that circumstances reasonably require such an extension, and the extension of time would pose no threat to public health or the environment.  HISTORY: 2016 Act No. 270 (S.667), Section 18, eff January 1, 2017.  
 The board shall select a director for the department who shall serve a four-year term and who shall have such authority and perform such duties as may be directed by the board. The salary of the director shall be fixed by the board, upon approval of the State Fiscal Accountability Authority. For any vacancy occurring in the office of director on or after February 1, 1995, the board, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board may remove a director only after consultation with and approval by the Governor.  HISTORY: 1962 Code Section 32-0.3; 1973 (58) 685; 1993 Act No. 181, Section 1031.
 The board may conduct such administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case pursuant to Chapter 23 of Title 1.  The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions.  HISTORY: 1962 Code Section 32-0.4; 1973 (58) 685; 1993 Act No. 181, Section 1032; 2006 Act No. 387, Section 47, eff July 1, 2006.  Editor's Note  2006 Act No. 387, Section 53, provides as follows:  "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."  2006 Act No. 387, Section 57, provides as follows:  "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
 (A) All department decisions involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other actions of the department which may give rise to a contested case, except a decision to establish a baseline or setback line, must be made using the procedures set forth in this section. A department decision referenced in this subsection relating to a poultry facility or another animal facility, except a swine facility, also must comply with the provisions of Section 44-1-65.  (B) The department staff shall comply with all requirements for public notice, receipt of public comments and public hearings before making a department decision. To the maximum extent possible, the department shall use a uniform system of public notice of permit applications, opportunity for public comment and public hearings.  (C) The initial decision involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the department shall be a staff decision.  (D) In making a staff decision on any permit, license, certification or other approval, the department staff shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny or condition such permit, license, certification or other approval. At the time that such staff decision is made, the department shall issue a department decision, and shall base its department decision on the administrative record which shall consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification or other approval. The administrative record may also include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as such materials are specifically referred to in the department decision. The department decision need not be issued for routine permits for which no adverse public comments have been received.  (E)(1) Notice of a department decision must be sent by certified mail, returned receipt requested to the applicant, permittee, licensee, and affected persons who have requested in writing to be notified. Affected persons may request in writing to be notified by regular mail or electronic mail in lieu of certified mail. Notice of staff decisions for which a department decision is not required pursuant to subsection (D) must be provided by mail, delivery, or other appropriate means to the applicant, permittee, licensee, and affected persons who have requested in writing to be notified.  (2) The staff decision becomes the final agency decision fifteen calendar days after notice of the staff decision has been mailed to the applicant, unless a written request for final review accompanied by a filing fee is filed with the department by the applicant, permittee, licensee, or affected person.  (3) The filing fee must be in the amount of one hundred dollars unless the department establishes a fee schedule by regulation after complying with the requirements of Article 1, Chapter 23, Title 1. This fee must be retained by the department in order to help defray the costs of the proceedings and legal expenses.  (F) No later than sixty calendar days after the date of receipt of a request for final review, a final review conference must be conducted by the board, its designee, or a committee of three members of the board appointed by the chair. If the board declines in writing to schedule a final review conference or if a final review conference is not conducted within sixty calendar days, the staff decision becomes the final agency decision, and an applicant, permittee, licensee, or affected person requests pursuant to subsection (G) a contested case hearing before the Administrative Law Court. The department shall set the place, date, and time for the conference; give the applicant and affected persons at least ten calendar days' written notice of the conference; and advise the applicant that evidence may be presented at the conference. The final review conference must be held as follows:  (1) Final review conferences are open to the public; however, the officers conducting the conference may meet in closed session to deliberate on the evidence presented at the conference. The burden of proof in a conference is upon the moving party. During the course of the final review conference, the staff must explain the staff decision and the materials relied upon in the administrative record to support the staff decision. The applicant or affected party shall state the reasons for protesting the staff decision and may provide evidence to support amending, modifying, or rescinding the staff decision. The staff may rebut information and arguments presented by the applicant or affected party and the applicant or affected party may rebut information and arguments presented by the staff. Any final review conference officer may request additional information and may question the applicant or affected party, the staff, and anyone else providing information at the conference.  (2) After the final review conference, the board, its designee, or a committee of three members of the board appointed by the chair shall issue a written final agency decision based upon the evidence presented. The decision may be announced orally at the conclusion of the final review conference or it may be reserved for consideration. The written decision must explain the basis for the decision and inform the parties of their right to request a contested case hearing before the Administrative Law Court. In either event, the written decision must be mailed to the parties no later than thirty calendar days after the date of the final review conference. Within thirty calendar days after the receipt of the decision an applicant, permittee, licensee, or affected person desiring to contest the final agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge.  (3) Prior to the initiation of the final review conference, an applicant, permittee, licensee, or affected person must be notified of their right to request a transcript of the proceedings of the final review conference. If a transcript is requested, the applicant, permittee, licensee, or affected person making the request is responsible for all costs.  (G) An applicant, permittee, licensee, or affected person may file a request with the Administrative Law Court for a contested case hearing within thirty calendar days after:  (1) notice is mailed to the applicant, permittee, licensee, and affected persons that the board declined to hold a final review conference; or  (2) the sixty calendar day deadline to hold the final review conference lapses and no conference has been held; or  (3) the final agency decision resulting from the final review conference is received by the parties.  (H) Applicants, permittees, licensees, and affected persons are encouraged to engage in mediation during the final review process.  (I) The department may promulgate regulations providing for procedures for final reviews.  (J) Any statutory deadlines applicable to permitting and licensing programs administered by the department must be extended to all for this final review process. If any deadline provided for in this section falls on a Saturday, Sunday, or state holiday, the deadline must be extended until the next calendar day that is not a Saturday, Sunday, or state holiday.  HISTORY: 2006 Act No. 387, Section 48, eff July 1, 2006; 2010 Act No. 278, Section 1, eff July 1, 2010; 2018 Act No. 139 (H.3929), Section 2, eff March 12, 2018; 2018 Act No. 173 (H.4683), Section 2, eff May 3, 2018.  Code Commissioner's Note  At the direction of the Code Commissioner, the amendments to (A) made by 2018 Act No. 139 and 2018 Act No. 173 were read together.  Editor's Note  2006 Act No. 387, Section 53, provides as follows:  "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."  2006 Act No. 387, Section 57, provides as follows:  "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."  2010 Act 278, Section 26, provides as follows:  "This act takes effect July 1, 2010; provided, the provisions of this act do not apply to any matter pending before a court of this State prior to June 1, 2010."  2018 Act No. 139, Section 4, provides as follows:  "SECTION 4. Nothing in this act shall be construed as affecting or applying to confined swine feeding operations."  2018 Act No. 173, Sections 1 and 8, provide as follows:  "SECTION 1. This act must be known and may be cited as the 'Beachfront Management Reform Act'."  "SECTION 8. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020."  Effect of Amendment  2018 Act No. 139, Section 2, in (A), in the first sentence, substituted "must be made" for "shall be made", and added the second sentence.  2018 Act No. 173, Section 2, in (A), inserted ", except a decision to establish a baseline or setback line," following "contested case".
 (A) In making a staff decision on a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, pursuant to Section 44-1-60(D), or if the department conducts a final review conference related to a decision on a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, pursuant to Section 44-1-60(F), the department shall base its decision solely on whether the permit complies with the applicable department regulations governing the permitting of poultry and other animal facilities, other than swine facilities.  (B) For purposes of permitting, licensing, certification, or other approval of a poultry facility or another animal facility, other than a swine facility:  (1) only an applicant, permittee, licensee, or affected person may request a final review conference pursuant to Section 44-1-60(F);  (2) only an affected person may request a contested case hearing pursuant to Section 44-1-60(G);  (3) only an applicant, permittee, licensee, or affected person may become a party to a final review conference;  (4) only an affected person may become a party to a contested case hearing; and  (5) only an applicant, permittee, licensee, or affected person is entitled as of right to be admitted as a party pursuant to Section 1-23-310(5) of the Administrative Procedures Act.  (C)(1) In determining whether to issue a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, the department only may take into consideration the existing development on and use of property owned or occupied by an affected person on the date the department receives the applicant's complete application package as prescribed by regulation. The department must not take into consideration any changes to the development or use of property after receipt of the application, including, but not limited to, the construction of a residence.  (2) If a property owner signs a setback waiver of the right to contest the issuance of a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, including waiver of the right to notice and a public hearing on a permit, license, certification, or other approval and to file a contested case or other action, then the affected person has seventy-two hours to provide in writing a withdrawal or rescission of the waiver.  (D)(1) An applicant, permittee, licensee, or affected person who has exhausted all administrative remedies within the department relating to a decision to issue or deny a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, and who is aggrieved by a final decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act.  (2) Notwithstanding any other provision of law, a final decision to issue a permit, license, certification, or other approval of a poultry facility or another animal facility, except a swine facility, may not be contested if the proposed building footprint is located eight hundred feet or more from the facility owner's property line or located one thousand feet or more from an adjacent property owner's residence.  (E) For purposes of this section, "affected person" means a property owner with standing within a one-mile radius of the proposed building footprint or permitted poultry facility or other animal facility, except a swine facility, who is challenging on his own behalf the permit, license, certificate, or other approval for the failure to comply with the specific grounds set forth in the applicable department regulations governing the permitting of poultry facilities and other animal facilities, other than swine facilities.  HISTORY: 2018 Act No. 139 (H.3929), Section 1, eff March 12, 2018.  Editor's Note  2018 Act No. 139, Section 4, provides as follows:  "SECTION 4. Nothing in this act shall be construed as affecting or applying to confined swine feeding operations."
 All rules and regulations promulgated by the Board shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.  HISTORY: 1962 Code Section 32-0.6; 1973 (58) 685.
 (A) The Board of Health and Environmental Control or its designated agents must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State. The Board of Health and Environmental Control or its designated agents shall declare, when the facts justify it, any place as infected and, in case of hydrophobia or other diseases transmitted from animals to man, must declare such animal or animals quarantined, and must place all such restrictions upon ingress and egress of persons or animals therefrom as may be, in its judgment, necessary to prevent the spread of disease from the infected locality.  (B)(1) Whenever the board learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to cause a public health emergency, as defined in Section 44-4-130, it is authorized to notify the appropriate public safety authority, tribal authorities, and federal health and public safety authorities.  (2) The sharing of information on reportable illnesses, health conditions, unusual clusters, or suspicious events between authorized personnel must be restricted to information necessary for the treatment, control, investigation, and prevention of a public health emergency. Restriction of access to this information to those authorized personnel for the protection of public health ensures compliance with all state and federal health information privacy laws.  (3) The board and its agents must have full access to medical records and nonmedical records when necessary to investigate the causes, character, and means of preventing the spread of a qualifying health event or public health emergency. For purposes of this item, "nonmedical records" mean records of entities, including businesses, health facilities, and pharmacies, which are needed to adequately identify and locate persons believed to have been potentially exposed or known to have been infected with a contagious disease.  (4) An order of the board given to effectuate the purposes of this subsection is enforceable immediately by the public safety authority.  (5) For purposes of this subsection, the terms qualifying health event, public health emergency, and public safety authority have the same meanings as provided in Section 44-4-130.  HISTORY: 1962 Code Section 32-36; 1952 Code Section 32-36; 1942 Code Section 5011; 1932 Code Section 5054; Civ. C. '22 Section 2362; Civ. C. '12 Section 1614; 1908 (25) 998; 2002 Act No. 339, Section 22, eff July 2, 2002.
 The State Board of Health and Environmental Control or its designated agents, when it is deemed necessary by the municipal officers of any town or city or the governing body of any county, may (a) visit cities, towns, villages or localities where disease is prevalent or threatened, (b) investigate and advise with the local authorities or persons as to such measures as may tend to prevent the spread of disease or to remove or abate causes that may tend to cause or intensify disease, (c) advise, when practicable or possible, as to measures of sanitation or hygiene and (d) investigate and advise as to all matters respecting water supply, sewage, drainage, ventilation, heating, lighting or other measures connected with public sanitation or safety.  HISTORY: 1962 Code Section 32-39; 1952 Code Section 32-39; 1942 Code Section 5013; 1932 Code Section 5056; Civ. C. '22 Section 2364; Civ. C. '12 Section 1617; 1908 (25) 998; 1972 (57) 2687.
 This chapter may be referred to and cited as the "Interstate Healthcare Compact".  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 Member states, by unanimous agreement, may amend this compact from time to time without prior congressional consent or approval and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any state may join this compact after the date by adoption into law under its state constitution.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 A member state may withdraw from this compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the withdrawing member state has given notice of the withdrawal to the other member states. A withdrawing state shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This compact shall be dissolved upon the withdrawal of all but one of the member states.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 South Carolina's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395, et seq.) or the Children's Health Insurance Program unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program or the Children's Health Insurance Program in the compact.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.  
 The Interstate Healthcare Compact is hereby enacted into law and entered into by this State with any other states legally joining the compact in a form substantially similar to the form contained in this chapter.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 As used in this chapter:  (1) "Commission" means the Interstate Advisory Health Care Commission.  (2) "Effective date" means the date upon which this compact shall become effective for purposes of the operation of state and federal law in a member state, which shall be the later of:  (a) the date upon which this compact shall be adopted under the laws of the member state; and  (b) the date upon which this compact receives the consent of the United States Congress pursuant to Article I, Section 10 of the United States Constitution, after it is adopted by at least two member states.  (3) "Health care" means care, services, supplies, or plans related to the health of an individual and includes, but is not limited to:  (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body; and  (b) sale or dispensing of a drug, device, equipment, or other item pursuant to a prescription; and  (c) an individual or group plan that provides, or pays the cost of care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans.  (4) "Member state" means a state that is a signatory to this compact and has adopted it under the laws of that state.  (5) "Member state base funding level" means a number equal to the total federal spending on health care in the member state during federal fiscal year 2010. On or before the effective date, each member state shall determine the member state base funding level for its state, and that number shall be binding upon that member state. The preliminary estimate of member state base funding level for the State of South Carolina is $11,144,000,000.  (6) "Member state current year funding level" means the member state base funding level multiplied by the member state current year population adjustment factor multiplied by the current year inflation adjustment factor.  (7) "Member state current year population adjustment factor" means the average population of the member state in the current year less the average population of the member state in federal fiscal year 2010, divided by the average population of the member state in federal fiscal year 2010, plus one. Average population in a member state shall be determined by the United States Census Bureau.  (8) "Current year inflation adjustment factor" means the total gross domestic product deflator in the current year divided by the total gross domestic product deflator in federal fiscal year 2010. The total gross domestic product deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 Member states shall take joint and separate action to secure congressional consent to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. Member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member state.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 The legislature of each member state has the primary responsibility to regulate health care in their state.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 Each member state, within its jurisdiction, may enact legislation to suspend the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws, rules, regulations, and orders adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care will remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date, that member state shall be responsible for the associated funding obligations in its State.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 (A) Each federal fiscal year, each member state shall have the right to federal monies up to an amount equal to its member state current year funding level for that federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state.  (B) By the start of each federal fiscal year, Congress shall establish an initial member state current year funding level for each member state, based upon reasonable estimates. The final member state current year funding level shall be calculated, and funding shall be reconciled by the Congress based upon information provided by each member state and audited by the United States Government Accountability Office.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 (A) The Interstate Advisory Health Care Commission is established. The commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than two members to the commission and may withdraw membership from the commission at any time. Each commission member is entitled to one vote. The commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the commission's total membership.  (B) The commission may elect from among its membership a chairman. The commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The commission shall meet at least once a year and may meet more frequently.  (C) The commission may study issues of health care regulation that are of particular concern to the member states. The commission may make nonbinding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states.  (D) The commission shall collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the prices of health care. The commission shall make this information and data available to the legislatures of the member states. Notwithstanding any other provision in this compact, no member state shall disclose to the commission the health information of any individual, nor shall the commission disclose the health information of any individual.  (E) The commission shall be funded by the member states as agreed to by the member states. The commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the member states in accordance with the terms of this compact.  (F) The commission shall not take any action within a member state that contravenes any state law of that member state.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 This compact shall be effective on its adoption by at least two member states and congressional consent. This compact shall be effective unless the United States Congress, in consenting to it, alters its fundamental purposes, which are to:  (1) secure the right of the member states to regulate health care in their respective states pursuant to this compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their states; and  (2) secure federal funding for member states that choose to invoke their authority under this compact.  HISTORY: 2012 Act No. 221, Section 1, eff June 7, 2012.
 This chapter may be cited as "The Drug-free Workplace Act".  HISTORY: 1990 Act No. 593, Section 1.
 As used in this chapter:  (1) "Drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.  (2) "Employee" means the employee of a grantee or contractor engaged in the performance of work pursuant to the provisions of the grant or contract.  (3) "Controlled substance" means a controlled substance in Article 3, Chapter 53 of this title.  (4) "Conviction" means a finding of guilt, including a plea of nolo contendere or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.  (5) "Criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.  (6) "Grantee" means the department, division, or other unit of a person responsible for the performance under a grant.  (7) "Contractor" means the department, division, or other unit of a person responsible for the performance under a contract with a state agency.  HISTORY: 1990 Act No. 593, Section 1.
 No person, other than an individual, may receive a domestic grant or be awarded a domestic contract for the procurement of any goods, construction, or services for a stated or estimated value of fifty thousand dollars or more from any state agency unless the person has certified to the using agency that it will provide a drug-free workplace by:  (1) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of the prohibition;  (2) establishing a drug-free awareness program to inform employees about:  (a) the dangers of drug abuse in the workplace;  (b) the person's policy of maintaining a drug-free workplace;  (c) any available drug counseling, rehabilitation, and employee assistance programs; and  (d) the penalties that may be imposed upon employees for drug violations;  (3) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by item (1);  (4) notifying the employee in the statement required by item (1) that, as a condition of employment on the contract or grant, the employee will:  (a) abide by the terms of the statement; and  (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction;  (5) notifying the using agency within ten days after receiving notice under item (4)(b) from an employee or otherwise receiving actual notice of the conviction;  (6) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee convicted as required by Section 44-107-50; and  (7) making a good faith effort to continue to maintain a drug-free workplace through implementation of items (1), (2), (3), (4), (5), and (6).  HISTORY: 1990 Act No. 593, Section 1.
 No state agency may enter into a domestic contract or make a domestic grant with any individual for a stated or estimated value of fifty thousand dollars or more unless the contract or grant includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.  HISTORY: 1990 Act No. 593, Section 1.
 A grantee or contractor shall, within thirty days after receiving notice from an employee of a conviction pursuant to Article 3, Chapter 53 of this title:  (1) take appropriate personnel action against the employee up to and including termination; or  (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for the purposes by a federal, state, or local health, law enforcement, or other appropriate agency.  HISTORY: 1990 Act No. 593, Section 1.
 Each domestic contract or domestic grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with Section 11-35-4220 if the appropriate Chief Procurement Officer, as defined in Section 11-35-310(5), determines that:  (1) the contractor or grantee has made a false certification under Section 44-107-30 or 44-107-40;  (2) the contractor or grantee violates the certification by failing to carry out the requirements of Section 44-107-30(1), (2), (3), (4), (5), and (6);  (3) the contractor or grantee does not take appropriate remedial action against employees convicted on drug offenses as specified in Section 44-107-50; or  (4) the number of employees of the contractor or grantee who have been convicted of violations of criminal drug statutes for violations occurring in the workplace reasonably indicates that the contractor or grant recipient has failed to make a good faith effort to provide a drug-free workplace as required by this chapter.  HISTORY: 1990 Act No. 593, Section 1.
 Upon issuance of any final decision under this chapter requiring debarment of a contractor, grantee, or individual, the contractor, grantee, or individual is ineligible for award of any contract or grant by any state agency for a period specified in the decision of at least one year but not to exceed five years.  HISTORY: 1990 Act No. 593, Section 1.
 Upon request, the Department of Alcohol and Other Drug Abuse Services shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the department.  HISTORY: 1990 Act No. 593, Section 1; 1993 Act No. 181, Section 1162.
 Failure to comply with any provision of this chapter shall not be grounds for any protest under Section 11-35-4210.  HISTORY: 1990 Act No. 593, Section 1.  
 The following facilities shall continue in existence and shall be maintained for the following purposes:  (1) those inpatient facilities as authorized by the Department of Mental Health and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and  (2) the mental health clinics for the diagnosis, treatment, and prevention of mental illness.  HISTORY: 1962 Code Section 32-931; 1952 Code Section 32-957; 1942 Code Section 6226; 1932 Code Section 6226; Civ. C. '22 Section 5078; 1920 (31) 704; 1952 (47) 2042; 1954 (48) 1732; 1958 (50) 1634; 1964 (53) 1873; 1965 (54) 600; 1967 (55) 317; 1969 (56) 716; 1995 Act No. 145, Part II, Section 76; 2000 Act No. 253, Section 3.
 The Mental Health Commission may, by resolution recorded on the minutes of its meetings, grant easements, permits or rights of way on, over or under the grounds of the facilities, but none may be granted unless approved in writing by the Attorney General before delivery.  HISTORY: 1962 Code Section 32-941; 1952 Code Sections 32-981, 32-982; 1942 Code Section 6245; 1932 Code Section 6245; Civ. C. '22 Section 5107; Civ. C. '12 Section 3372; Civ. C. '02 Section 2261; 1894 (21) 835; 1920 (31) 704; 1941 (42) 188; 1942 (42) 1685; 1952 (47) 2042.  
 The South Carolina Mental Health Commission, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Mental Health Commission is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Mental Health Commission shall consult with the Department of Veterans' Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes.  HISTORY: 1962 Code Section 32-1008; 1969 (56) 215; 1977 Act No. 41 Section 1; 1996 Act No. 350, Section 1.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
 For the purpose of Section 44-11-30 "South Carolina veterans" means any ex-service South Carolina citizen who was discharged under other than dishonorable conditions and who served in any branch of the military or naval service of the United States.  HISTORY: 1962 Code Section 32-1009; 1969 (56) 215; 1977 Act No. 41 Section 2.
 The Mental Health Commission shall establish mental health clinics throughout the State and shall supervise them.  HISTORY: 1962 Code Section 32-935; 1952 (47) 2042.
 The Department of Mental Health may employ law enforcement officers as may be necessary to maintain the security of state mental health facilities. The law enforcement officers must be vested with all the powers and charged with all the duties of police officers generally. They may, without warrant, arrest persons guilty of disorderly conduct or of trespass on state mental health facilities and have them tried in any court of competent jurisdiction.  HISTORY: 1962 Code Section 32-937; 1952 Code Section 32-979; 1942 Code Section 6243; 1932 Code Section 6243; Civ. C. '22 Section 5104; Civ. C. '12 Section 3371; Civ. C. '02 Section 2260; 1894 (21) 835; 1920 (31) 704; 1952 (47) 2042; 2016 Act No. 227 (H.4124), Section 1, eff June 3, 2016.
 (A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to enter on the premises.  (B) It is unlawful for a person without legal cause or good excuse to fail or refuse immediately to leave the premises of a state mental health facility upon being ordered or requested to leave by the facility director or, in his absence, by the facility director's representative.  (C) A person violating subsection (A) or (B), upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.  (D) A municipal court or magistrate's court has jurisdiction over violations of this section occurring within the respective limits of the municipality or magisterial district.  HISTORY: 1994 Act No. 351, Section 1.
 This chapter may be cited as the "Provider Self-Referral Act of 1993".  HISTORY: 1993 Act No. 71, Section 3.
 As used in this chapter:  (1) "Board" means any of the boards created pursuant to Title 40, as amended, to license, certify, or register health care professionals.  (2) "Comprehensive rehabilitation services" means services that are provided by health care professionals licensed under Chapter 36, Chapter 45, or Chapter 67 of Title 40 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Designated health services" means any health care procedure, service, or item provided by a health care provider.  (5) "Entity" means an individual, partnership, firm, corporation, or other business entity.  (6) "Fair market value" means value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.  (7) "Health care facility" means a health care facility as defined in Section 44-7-130(10).  (8) "Health care provider", "provider", or "health care professional" means a person licensed, certified, or registered under the laws of this State to provide health care services.  (9) "Immediate family member" means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.  (10) "Investment interest" means an equity or debt security issued by an entity including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. The following investment interests are excepted from this definition:  (a) an investment interest in an entity that is the sole provider of designated health services in a rural area;  (b) an investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;  (c) an investment interest in an entity which owns or leases and operates a hospital or a nursing home facility licensed under Title 44, Chapter 7;  (d) an investment interest acquired before June 15, 1993;  (e) an investment interest in an entity which provides health care services pursuant to a health services network.  (11) "Investor" means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor.  (12) "Referral" means a referral of a patient by a health care provider for health care services including, but not limited to:  (a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or  (b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice.  (13) "Rural area" means a county with a population of one hundred thousand persons or less according to the latest United States census.  (14) "Group practice" means a group of two or more health care professionals legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan, or similar association in which:  (a) each health care professional who is a member, employee, or independent contractor of the group provides substantially the full range of services which the professional routinely provides including consultation, diagnosis, and treatment through the use of office space, facilities, equipment, and personnel of the group;  (b) substantially all of the services of the health care professionals who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and  (c) the overhead expenses of and the income from the practice are distributed by methods previously determined by the group.  (15) "Office practice" means the facility or facilities at which a health care professional, on an ongoing basis, provides or supervises the provision of health services to individuals.  HISTORY: 1993 Act No. 71, Section 3.
 (A) Except as provided in this section and other provisions of this chapter, a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. However, this prohibition does not apply to:  (1) an investment interest where the health care professional directly provides the health care services within the entity or will be personally involved in the provision, supervision, or direction of care to the referred patient.  (2) the provider's investment interest is in registered securities purchased on a national exchange or over-the-counter market and issued by a publicly-held corporation:  (a) whose shares are traded on a national exchange or on the over-the-counter market; and  (b) whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars; or  (3) with respect to an entity other than a publicly-held corporation described in subsection (A)(2) and a referring provider's investment interest in the entity, each of the following requirements are met:  (a) no more than fifty percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity;  (b) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are no different from the terms offered to investors who are not in a position to make referrals;  (c) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are not related to the previous or expected volume of referrals from that investor to the entity;  (d) there is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor.  (B) With respect to an entity or to a publicly-held corporation in subsection (A)(2):  (1) the entity or corporation does not lend funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of the loan to obtain the investment interest;  (2) the amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment, including the fair market value of preoperational services rendered in the entity or corporation by that investor.  (C) No claim for payment may be presented by an entity to an individual, third party payor, or other entity for a service furnished pursuant to a referral prohibited under this section.  (D) If an entity collects any amount that was billed in violation of this section, the entity shall refund the amount on a timely basis to the payor or individual, whichever is applicable.  (E) A health care provider who makes a referral prohibited by this section or who fails to disclose information required by Section 44-113-40(A) or presents or causes to be presented a bill or a claim for services that the health care provider knows or should know is for a service for which payment may not be made under subsection (C) or for which a refund has not been made under subsection (D) is subject to a civil penalty of not more than five thousand dollars for each such service to be imposed and collected by the appropriate board.  (F) A health care provider or other entity that enters into an arrangement or scheme which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to the entity would be in violation of this section, is subject to a civil penalty of not more than twenty-five thousand dollars for each circumvention arrangement or scheme to be imposed and collected by the appropriate board.  (G) A violation of this section by a health care provider constitutes grounds for disciplinary action to be taken by the applicable board. A hospital licensed under Title 44, Chapter 7 found in violation of this section is subject to the regulations promulgated by the department.  (H) A hospital licensed under Title 44, Chapter 7 that discriminates against or otherwise penalizes a health care provider for compliance with this chapter is subject to a civil penalty of not more than one hundred thousand dollars to be imposed and collected by the department.  (I) Each board, and in the case of hospitals, the department, shall encourage the use by licensees of an advisory opinion procedure to determine the applicability of this section or any regulation promulgated pursuant to this section as it applies solely to the licensee.  HISTORY: 1993 Act No. 71, Section 3.
 (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:  (1) the existence of the investment interest;  (2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;  (3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;  (4) the names and addresses of at least two alternative sources of these items or services available to the patient;  (5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.  (B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.  HISTORY: 1993 Act No. 71, Section 3.
 The results of an action taken by the respective boards pursuant to this chapter must be reported promptly to the department with a full description of the proceedings.  HISTORY: 1993 Act No. 71, Section 3.
 (A) As used in this section, the term "kickback" means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise by a provider of health care services or items of a portion of the charges for services rendered to a referring health care provider as an incentive or inducement to refer patients for future services or items when the payment is not tax deductible as an ordinary and necessary expense.  (B) It is unlawful for a health care provider or a provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.  (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than thirty days.  HISTORY: 1993 Act No. 71, Section 3.
 Any employer providing health insurance benefits to its employees may report instances of alleged over-utilization of services to the South Carolina Department of Insurance pursuant to Section 38-55-170.  HISTORY: 1993 Act No. 71, Section 3.
 A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department, including the professional's name, name of the entity, and the percentage of the health care professional's ownership.  HISTORY: 1993 Act No. 71, Section 3.  
 This chapter may be cited as the Physicians' Patient Records Act.  HISTORY: 1992 Act No. 480, Section 1.
 The provisions of Sections 44-115-80 and 44-115-90 do not apply to requests for medical information necessary to process a health insurance claim made by a patient or on behalf of the patient by a health insurance carrier or health insurance administrator for services rendered by the physician from whom the information is requested.  HISTORY: 1992 Act No. 480, Section 1.
 Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record.  HISTORY: 1992 Act No. 480, Section 1.
 Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed.  HISTORY: 1992 Act No. 480, Section 1.
 A physician may not sell medical records to someone other than a physician or osteopath licensed by the South Carolina State Board of Medical Examiners or a hospital licensed by the South Carolina Department of Health and Environmental Control. Exceptions to this prohibition may be granted and approved by the South Carolina State Board of Medical Examiners.  Before a physician may sell medical records, he must cause to be published a public notice of his intention to sell the records in a newspaper of general circulation in the area of his practice at least three times in the ninety days preceding the sale. The notice shall advise patients that they may retrieve their records if they prefer that their records not be included in the sale.  HISTORY: 1992 Act No. 480, Section 1.
 A physician who in good faith releases medical records to a party pursuant to a written authorization from the patient or the patient's representative is immune from civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law due to compliance with the request to release information.  HISTORY: 1992 Act No. 480, Section 1.
 For purposes of this chapter, "medical records" includes the patient's medical bills.  HISTORY: 2014 Act No. 294 (H.4354), Section 4, eff June 23, 2014.
 This chapter does not invalidate any other provision of law concerning medical records, the alteration of medical records, any interest a patient has in the information contained within the medical record, or any civil action brought in the state or federal courts alleging medical negligence; further, this chapter does not invalidate the authority of a court to issue a subpoena or of a licensing or disciplinary board of this State to obtain these records as provided by law.  HISTORY: 1992 Act No. 480, Section 1.
 A mammography report must be provided to a patient by the mammogram provider, and this report must include information about breast density based on the requirements of the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, this report must include:  (1) a notice in conspicuous language which states: "Your mammogram shows that your breast tissue is dense. Dense tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and also may be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician."; and  (2) consumer or patient information available from the American College of Radiology about breast density and mammogram reports.  HISTORY: 2016 Act No. 168 (S.339), Section 2, eff May 12, 2016.  Editor's Note  2016 Act No. 168, Section 1, provides as follows:  "SECTION 1. This act is entitled 'Hope's Law'."  
 The physician is the owner of medical records in his possession that were made in treating a patient and of records transferred to him concerning prior treatment of the patient.  HISTORY: 1992 Act No. 480, Section 1.
 A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his legal representative to release the record. The patient or his legal representative is entitled to receive a copy of the record either in a printed format or an electronic format but only if the record is stored in an electronic format at the time of the request and the physician or other owner of the record has the ability to produce the medical record in an electronic format without incurring additional cost.  HISTORY: 1992 Act No. 480, Section 1; 2014 Act No. 294 (H.4354), Section 2, eff June 23, 2014.
 Except as otherwise provided by law, a physician shall not honor a request for the release of copies of medical records without the receipt of express written consent of the patient or person authorized by law to act on behalf of the patient.  HISTORY: 1992 Act No. 480, Section 1.
 A physician may rely on the representations of a health and life insurance carrier or administrator of health and life insurance claims that the authorization of the patient or of a person upon whose status the patient's claim depends for release of the medical record is on file with the carrier as an authorization to release medical information under this chapter. A physician who in good faith releases medical information for claims processing relying on the representations of the claims administrator that an authorization for release of the information is on file is immune from any civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. The physician is not subject to disciplinary action for an alleged violation of law or regulation due to the compliance with the request to release information.  HISTORY: 1992 Act No. 480, Section 1.
 Except as otherwise provided by law, a physician may refuse to release a copy of the entire medical record and may furnish instead a summary or portion of the record when he has a reasonable belief that release of the information contained in the entire record would cause harm to the patient's emotional or physical well-being, the emotional or physical well-being of another person who has given information about the patient to the physician, or where release of the information is otherwise prohibited by law. An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners.  However, notwithstanding the provisions of this section, a physician may not refuse to release the entire record or a portion of the record if the information is requested by a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient's legal guardian, or the patient's personal representative, for any reason, a licensed attorney representing the patient, or by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance or if the information is requested with reference to the payment or adjudication of personal injury claims.  HISTORY: 1992 Act No. 480, Section 1.
 Medical records may not be withheld because of an unpaid bill for medical services.  HISTORY: 1992 Act No. 480, Section 1.
 (A) A physician, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a paper or electronic medical record, but the fee may not exceed:  (1) Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed one hundred fifty dollars per request, but to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient.  (2) Sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page print costs may not exceed two hundred dollars per request, and to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient.  (3) All fees allowed by this section, including the maximum, must be adjusted annually in accordance with the Consumer Price Index for all Urban Consumers, South Region (CPI-U), published by the U.S. Department of Labor. The Department of Health and Environmental Control is responsible for calculating this annual adjustment, which is effective on July first of each year, starting July 1, 2015.  (B) A physician, health care provider, or other owner of medical records must provide a patient's medical records at no charge when the patient is referred by the physician, health care provider, or an employee, agent, or contractor of the owner of the record to another physician or health care provider for continuation of treatment for a specific condition or conditions.  (C) The physician may charge a patient or the patient's legal representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.  HISTORY: 1992 Act No. 480, Section 1; 1994 Act No. 468, Section 6; 1999 Act No. 85, Section 3; 2014 Act No. 294 (H.4354), Section 3, eff June 23, 2014.
 When a request for medical information involves more than making copies of existing documents, a physician may charge reasonable fees, exclusive of those fees charged for copying the medical record, for providing this service.  HISTORY: 1992 Act No. 480, Section 1.
 This chapter may be cited as the "Prescription Information Privacy Act".  HISTORY: 1999 Act No. 85, Section 1.
 As used in this chapter:  (1) "Patient prescription drug information" means data that is conveyed by or on behalf of a practitioner in ordering a prescription drug or device before being dispensed and that identifies the patient as the recipient of the prescription drug or device. The term also includes any data concerning the dispensing of a drug or device that identifies a patient as having been the recipient of a prescription drug or device, whether this data is held by a practitioner, pharmacy, or another entity.  (2) "Practitioner" means a licensed health care professional authorized under state law to order a prescription drug or device.  (3) "Prescription drug or device" means a drug or device that is dispensed pursuant to the order of a practitioner.  HISTORY: 1999 Act No. 85, Section 1.
 No patient prescription drug information may be transferred or received by a person without the written consent of the patient or a person authorized by law to act on behalf of the patient. However, this prohibition does not apply to:  (1) the lawful transmission of a prescription drug order in accordance with all state and federal laws pertaining to the practice of pharmacy.  (2) communications among licensed practitioners, licensed pharmacists, and other health care professionals who provide or have provided medical or therapeutic treatment, pharmacy service, or medical or therapeutic consultation service for the person who received the drug or device;  (3) information gained as a result of a person requesting informational material from a prescription drug or device manufacturer or vendor;  (4) information necessary to effect the recall of a defective drug or device or other information necessary to protect the health and welfare of an individual or the public generally;  (5) information whereby the release or transfer is mandated by other state or federal laws, court order, or subpoena, or regulations including, but not limited to, accreditation or licensure requirements;  (6) information necessary to adjudicate or process payment claims for health care, whether under a health insurance benefits program or other payment system, if the recipient makes no other use or further disclosure of the information;  (7) information voluntarily disclosed by a patient to entities outside of the provider-patient relationship;  (8) information used in clinical research monitored by an institutional review board;  (9) information which does not identify patients by name, or that is encoded in a manner that information identifying a particular patient by name or address is not generally obtainable, and that is used for epidemiological studies, research, statistical analysis, medical outcomes, or pharmacoeconomic research;  (10) information transferred in connection with the sale of a business or medical practice to a successor in interest;  (11) information necessary to disclose to third parties in order to perform quality assurance programs, medical records review, internal audits, medical records maintenance, or similar programs, if the third party makes no other use or further disclosure of the information;  (12) information that may be revealed to a party who, on behalf of the patient, obtains a dispensed prescription from a pharmacy;  (13) information necessary to disclose to third parties in order for a health plan licensed by the South Carolina Department of Insurance to perform case management, utilization management, and disease management for individuals enrolled in that health plan, if the third party makes no other use or further disclosure of the information.  HISTORY: 1999 Act No. 85, Section 1.
 As used in this article:  (1) "Board" means the State Board of Pharmacy.  (2) "Confidential information" has the same meaning as provided in Section 40-43-30(8).  (3) "Digital signature" means an electronic signature based upon cryptographic methods of originator authentication and computed by using a set of rules and set of parameters so that the identity of the signer and the integrity of the data can be verified.  (4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.  (5) "Electronic transmission" means transmission of information by electronic means, including computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment.  (6) "Practitioner" means a health care professional licensed in this State who is authorized by law to issue prescription drug orders.  (7) "Prescription" or "prescription drug order" means a lawful order of a practitioner for a drug or device for a specific patient that is communicated to a pharmacist.  (8) "Routing company" means a business that electronically receives a prescription or any other confidential information from a prescriber and transmits the prescription or confidential information to or from the pharmacy specified by the patient in accordance with a contract between the routing company and the prescriber or a company that provides computer software for the management of the prescriber's practice.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 (A) A practitioner may electronically transmit a prescription to a pharmacy if all of these conditions are met:  (1) A valid practitioner/patient relationship must exist.  (2) The prescription must identify the transmitter's phone number, the time and date of transmission, and the pharmacy intended to receive the transmission and any other information required by federal or state law.  (3) The prescription must be transmitted by the authorized practitioner or the practitioner's designated agent to the pharmacy of the patient's choice, and the prescription must be received only by a pharmacy, with no intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt at the pharmacy.  (4) The prescription must be transmitted to the pharmacy of the patient's choice. If the pharmacy of the patient's choice is not equipped with the capability to accept an electronic prescription, the practitioner shall provide the patient with a written prescription, telephone an oral prescription, or transmit via facsimile to the pharmacy of the patient's choice.  (5) The prescription must have the practitioner's electronic or digital signature or key code.  (6) The prescription must be sent directly from the practitioner to the receiving pharmacy of the patient's choice. If an electronic prescription is printed out, it must possess an original handwritten signature before being delivered to a patient. If a prescription is a hard copy prescription drug order generated from electronic media, a prescribing practitioner's electronic or manual signature must be present. Prescriptions with electronic signatures must be applied to paper that utilizes security features that will ensure the prescription drug order is not subject to any form of copying or alteration.  (B) An electronically transmitted prescription is deemed the original prescription drug order if it meets the requirements of this article and other applicable laws and regulations.  (C)(1) Nothing in this article may be construed to prohibit a practitioner from using a routing company to transmit a prescription pursuant to this article, except that a routing company shall provide its tax identification number to the Board of Pharmacy before offering its services in this State.  (2) A routing company:  (a) may, for the purpose of verifying an audit conducted of the routing company, store any prescription or other confidential information it receives or transmits pursuant to this article in a form that is secure and ensures the confidentiality of the information in compliance with federal and state privacy law; and  (b) may not add a provision to, delete a provision from, or otherwise modify a prescription or any other confidential information that it receives or transmits pursuant to this article.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 All electronic equipment for receipt of prescription drug orders communicated by way of electronic transmission must have adequate security and system safeguards and must be maintained so as to ensure patient confidentiality and to ensure against unauthorized access or an intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt by the pharmacy of the patient's choice. The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order consistent with existing federal or state laws and regulations. Once the drug has been dispensed, any alterations in prescription drug order data must be documented, including the identification of the pharmacist responsible for the alteration.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 (A) All laws and regulations applicable to oral prescription drug orders apply to all computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment prescription orders.  (B) A prescription order transmitted by computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment must contain all prescription information required pursuant to Section 40-43-86(E) and federal and state law.  (C) A practitioner or practitioner's agent shall note any generic substitution instructions on the electronic prescription order transmitted computer to computer, computer to facsimile machine, electronic device to computer, or e-mail. Such electronic prescription order may follow the format provided for in Section 40-43-86(H)(3) or any other format that clearly indicates the generic substitution instructions.  (D) A pharmacist may dispense prescription orders transmitted by computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment only when a valid patient/physician relationship exists and the prescription has been signed by the prescribing practitioner and transmitted from the practitioner or a long-term care facility in compliance with all sections of this article.  (E) The original document must be assigned the number of the prescription dispensed and maintained in the pharmacy records for at least two years.  (F) The facsimile machine receiving prescription drug orders must be in the prescription department of the pharmacy to protect confidentiality and security.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 (A) Prescription information and other patient health care information received by a pharmacy must be maintained in a manner that protects the integrity and confidentiality of such information as provided by the State Board of Pharmacy in regulation.  (B) A pharmacy shall provide a mechanism to prevent the disclosure of any information, confidential or otherwise, about patients that was obtained or collected by a pharmacist or pharmacy incidental to the delivery of pharmaceutical care other than as authorized in regulation.  (C) The pharmacist-in-charge shall:  (a) establish and maintain written policies and procedures for maintaining the integrity and confidentiality of prescription information and patient health care information. All employees of the pharmacy with access to this information must be required to comply with the established policies and procedures.  (b) ensure that the requirements of this section are established and implemented.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 The board may refuse to issue or renew, or may suspend, revoke, restrict the license or the registration of, or fine its licensees, routing company, or other entity subject to their jurisdiction for each incident that allows the divulging or revealing of confidential information to a person other than a person authorized by this article or any other provision of law or for each incident allowing an intervening person or entity to have access to view, read, manipulate, alter, store, or delete the electronic prescription before it is received by the pharmacy. For all other licensees, the board must refer the matter to the board of appropriate jurisdiction.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 A pharmacist or pharmacy must not provide a computer modem or other similar electronic device to a prescriber, health care facility, or any other third party or provider entity for the purpose of providing an incentive to the practitioner, health care facility, or third party or provider entity that refers patients to a particular pharmacy or department. This does not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the system.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 Entities that offer electronic services for a pharmacist or pharmacy must comply with Section 40-43-86(F) of the South Carolina Pharmacy Practice Act.  HISTORY: 2007 Act No. 71, Section 4.A, eff June 13, 2007.
 An individual or entity, corporate or otherwise, who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars per occurrence.  HISTORY: 1999 Act No. 85, Section 1.
 This chapter does not invalidate:  (a) any other provision of law concerning medical records or patient prescription drug information, the alteration of medical records or patient prescription drug information, any interest a patient has in the information contained within the medical record or patient prescription drug information, or any civil action brought in the state or federal courts alleging negligence by a practitioner or pharmacist;  (b) the authority of a court to issue a subpoena for medical records and patient prescription drug information;  (c) the authority of a licensing or disciplinary board of this State to obtain these records as provided by law; or  (d) the authority of the Department of Health and Environmental Control to obtain medical records or patient prescription drug information as provided by state and federal law.  HISTORY: 1999 Act No. 85, Section 1.
 As used in this chapter:  (1) "Adolescent" means an individual nineteen years of age and under.  (2) "Contractor" means a public or private agency or organization receiving money from the fund.  (3) "County government" means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.  (4) "Department" means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, "department" means the State Director of the South Carolina Department of Social Services (DSS).  (5) "Initiative" means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.  (6) "Short term outcomes" means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.  (7) "Long term outcome" means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.  (8) "Primary pregnancy prevention" means prevention of first pregnancy.  (9) "Fund" means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.  (10) "Local interagency council" means an organized group of representatives of public and private agencies in the county with functions related to youth development.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
 (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.  (B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
 (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60. The remaining money must be distributed by the department to each county government in the following manner:  (1) fifteen percent of the money appropriated must be allocated evenly among all counties;  (2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;  (3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;  (4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies.  A county government may retain up to five percent of the money it receives to cover the actual costs of administering the fund. All other funds must be allocated for initiatives mainly focused on primary pregnancy prevention.  (B) Money appropriated to the fund must not be used for:  (1) purchase of inpatient care;  (2) purchase or improvement of land;  (3) purchase, construction, or permanent improvement of any building or other facility;  (4) purchase of any item of major equipment costing over two thousand dollars;  (5) transportation to or from abortion services;  (6) abortions; or  (7) provision of goods or services to a participant in a local project or initiative that exceeds fifty dollars per participant per year; counseling and guidance as well as any service of nonmonetary value are exempt from the fifty dollar limit.  (C) If the governing body of a county chooses not to assume the responsibilities and duties assigned to county governments by this chapter:  (1) the governing body may designate an agency or organization to assume those responsibilities and duties; or  (2) in the absence of designation by the governing body, the department may designate another agency or organization within the county to assume those responsibilities and duties.  (D) If a county government uses money it receives pursuant to subsection (A) in a manner not expressly authorized by this chapter, the department may designate another agency or organization within the county to assume those responsibilities and duties, or reallocate that county's funds among compliant counties in accordance with the formula prescribed in subsection (A).  (E) If a county fails to fund an initiative during any fiscal year, the funds allocated to that county shall be reallocated in the following year, in accordance with the formula prescribed in subsection (A).  (F) Funds allocated subsequent to the 1998 appropriation will be subject to the following conditions: New initiatives and initiatives receiving continuation of funds beyond the third year must incorporate either a nationally recognized best practices model for teen pregnancy prevention, or a model that has demonstrated a record of local success in reducing adolescent pregnancy or the risk factors that contribute to adolescent pregnancy in South Carolina during the previous funding period as reflected in the evaluation or the summary progress reports.  (G) The department, on recommendation of the evaluator, will determine if the conditions described above are met before the department disseminates new funds or continuation of funds beyond the third year, in accordance with Section 44-122-30(A).  (H) Funding for an initiative shall be terminated if the evaluator notifies the department and the county government that an initiative substantially deviates from the approved project design, including timelines.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
 (A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the "South Carolina Family Respect" information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration:  (1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.  (2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.  (3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.  (B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon:  (1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and  (2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000; 2001 Act No. 4, Section 4, eff November 30, 2000.
 (A) The Department of Social Services shall:  (1) disburse the funds pursuant to Section 44-122-60, upon receiving notification from the county government that a contractor has been selected and determining that the contract and the process by which it was awarded are in compliance with federal requirements;  (2) evaluate the success of the initiatives funded under this chapter, as required by Section 44-122-60;  (3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and  (4) provide to each county government specific criteria required by this chapter.  (B) County governments shall:  (1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A). To access funds, the county government shall submit to the department the identity of the contractor, the amount of the contract, and a copy of the proposal;  (2) choose from among the applicants recommended by the interagency council for the county or select an appropriate applicant if no interagency council exists. Nothing in this act requires the establishment of an interagency council;  (3) develop criteria in addition to those stated herein or established by the department, as necessary, to meet specific local needs; and  (4) monitor contractors' progress in meeting stated goals, objectives, and timeliness.  (C) Local interagency councils shall review applications for an allocation of funds and recommend to the county government those applications that meet the standards and criteria as stated herein or established by the department or the county government. If no local interagency council exists in a county, the county government shall determine whether applications meet the standards and criteria.  (D) Contractors shall:  (1) comply with reporting, contracting, and evaluation requirements of the county government and the department;  (2) define and maintain cooperative ties with other community institutions;  (3) coordinate and collaborate with other community entities, including county Teen Companion Programs, that have an interest in positive youth development and adolescent risk behavior reduction;  (4) obtain approval from the county government and the department insofar as compliance with federal regulations is concerned before making changes in program goals, objectives, and target populations; and  (5) before the beginning of each fiscal year, submit to the county government for approval a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county government;  (6) submit bi-annual summary program progress reports to the county government and the local interagency council, with copies to the department and the evaluator, beginning January 1, 2001, describing the status of the project and developments during the preceding six months.  (E) The Department of Health and Environmental Control shall:  (1) provide technical assistance and training to county governments and contractors, as needed, related to adolescent pregnancy prevention issues; and  (2) if a community health assessment has been conducted in a county, share information with county governments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.
 An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department, and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors.  HISTORY: 1998 Act No. 419, Part II, Section 47A; 2001 Act No. 1, Part II, Section 5A, eff July 1, 2000.  
 This chapter may be cited as the Osteoporosis Prevention and Treatment Education Act.  HISTORY: 1997 Act No. 79, Section 2.
 (A) There is established the Osteoporosis Education Fund, separate and distinct from the general fund, in the State Treasury and to be administered by the Department of Health and Environmental Control. The purpose of the fund is to promote public awareness, prevention, and treatment of osteoporosis.  (B) All funds received by the department for the Osteoporosis Education Fund must be deposited with the State Treasurer. Earnings on the funds must be credited to the fund. Funds remaining in the account for the fund at the end of the fiscal year may be carried forward by the fund.  HISTORY: 1997 Act No. 79, Section 2.
 To implement the purposes of the fund the department may establish an Osteoporosis Prevention and Treatment Education Program and if funds are available and received from the Osteoporosis Education Fund may:  (1) conduct a statewide needs assessment to identify:  (a) available technical assistance and educational materials and programs nationwide;  (b) the level of public and professional awareness about osteoporosis;  (c) the needs of osteoporosis patients and of their families and caregivers;  (d) needs of health care providers;  (e) the services available to osteoporosis patients;  (f) existence of osteoporosis treatment programs;  (g) existence of osteoporosis support groups;  (h) existence of osteoporosis rehabilitation services;  (i) number and location of bone density testing equipment.  (2) design and implement strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating osteoporosis;  (3) develop and work with other state and local agencies in presenting educational programs for physicians and other health professionals on the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, treatment, and therapeutic decision-making including, but not limited to, guidelines for detecting and treating the disease in special populations, risks and benefits of medications, and research advances; and  (4) develop, maintain, and make available a list of osteoporosis-related services and osteoporosis health care providers with specialization in services to prevent, diagnose, and treat osteoporosis.  HISTORY: 1997 Act No. 79, Section 2.
 Additionally, the department, in carrying out its responsibilities under this chapter, and if funds are available and received from the Osteoporosis Education Fund, may:  (1) employ qualified staff to implement the Osteoporosis Prevention and Treatment Education Program established by Section 44-125-30;  (2) provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program;  (3) work to improve the capacity of community-based services available to osteoporosis patients;  (4) work with other state and local governmental offices, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of education, prevention, and treatment of osteoporosis;  (5) identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.  HISTORY: 1997 Act No. 79, Section 2.  
 This chapter may be cited as the "South Carolina Youth Smoking Prevention Act".  HISTORY: 2000 Act No. 387, Part II, Section 49.
 (A) The Department of Health and Environmental Control shall develop and implement a Youth Smoking Prevention Plan for the purpose of preventing and reducing cigarette smoking by minors.  (B) The Youth Smoking Prevention Plan must address prevention, cessation, and control of smoking by minors and may include but is not limited to:  (1) media campaigns;  (2) school based youth programs;  (3) community based youth programs;  (4) business, community, and school partnerships;  (5) programs focusing on the enforcement and administration of state minor related tobacco laws, including retailer education;  (6) surveillance and evaluations;  (7) chronic disease and health-related programs.  (C)(1) To assist in carrying out the purposes of the plan, the department may award youth smoking prevention grants to local agencies, organizations, and entities based on criteria developed by the department.  (2) As a condition for the receipt of funds under this chapter, a grantee shall agree to file a report with the advisory commission, as to the following:  (a) amount received as a grant and the expenditures made with the proceeds of the grant;  (b) a description of the program offered and the number of youths who participated in the program; and  (c) specific elements of the program meeting the criteria set forth in the state plan.  (D) The state plan further shall provide for a grant for an annual statewide school-based survey to measure cigarette use and behaviors towards cigarette use by individuals in grades 6-12. This survey shall:  (1) involve a statistically valid sample of the individuals in each grade from sixth through twelfth;  (2) not include any individual who is eighteen years of age or older; and  (3) be made available to the public, along with the resulting date, excluding respondent identities and respondent-identifiable date.  HISTORY: 2000 Act No. 387, Part II, Section 49.
 The department shall report annually by January first of each year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee on the activities and effectiveness of the Youth Smoking Prevention Plan.  HISTORY: 2000 Act No. 387, Part II, Section 49.
 Responsibilities of the department under this chapter including, but not limited to, funding grants authorized pursuant to Section 44-128-20(C) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.  HISTORY: 2000 Act No. 387, Part II, Section 49.
 (A) There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department in the development, implementation, and evaluation of the State Youth Smoking Plan.  (B) Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows:  (1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives;  (2) two members appointed by the President of the Senate from the membership of the Senate; and  (3) eleven members appointed by the Governor as follows:  (a) one representative of the Department of Health and Environmental Control;  (b) one representative of the Department of Alcohol and Other Drug Abuse Services;  (c) three health professionals;  (d) two youths between the ages of twelve and eighteen; and  (e) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise.  HISTORY: 2000 Act No. 387, Part II, Section 49; 2019 Act No. 1 (S.2), Section 56, eff January 31, 2019.  Effect of Amendment  2019 Act No. 1, Section 56, in (B)(2), substituted "President of the Senate" for "President Pro Tempore of the Senate".  
 (A) Except as provided for in Sections 56-5-2930 and 56-5-2950, if a law enforcement officer observes a person conducting himself in a manner that causes the law enforcement officer to reasonably believe that the person is mentally ill or is suffering from chemical dependency and because of that condition poses a likelihood of serious harm to himself or others or if a criminal offense that carries a penalty of less than one year and that does not involve a victim who could seek a warrant for the person's arrest has occurred, the law enforcement officer may take the person into protective custody and transport the person to the local mental health center or a crisis stabilization program, if available in their jurisdictions, for examination and pre-admission screening and evaluation of psychiatric and chemical dependency emergencies.  (B) Upon arrival at the mental health center or a crisis stabilization program, if available in their jurisdictions, the law enforcement officer who took the person into protective custody pursuant to this section shall complete a written affidavit under oath pursuant to Section 44-17-410(1). If the person is subsequently the subject of a hearing, and if the law enforcement officer who completed the affidavit is given notice of the hearing pursuant to Section 44-17-550, the officer may, but is not required to, appear at the hearing.  (C) The local mental health center or a crisis stabilization program, if available in their jurisdictions, shall arrange for an examination of the person in protective custody by a licensed physician. The center or crisis stabilization program, if available in their jurisdictions, may detain the person for up to twenty-four hours for the purpose of psychiatric evaluation and examination by a licensed physician. If within twenty-four hours of being taken into protective custody the person is not examined by a licensed physician, or if upon examination the physician does not execute the certification provided for in Section 44-17-410(2), the person in protective custody must be released. If the physician examining the person completes the certification provided for in Section 44-17-410(2), the center or crisis stabilization program, if available in their jurisdictions, may continue to detain the person pending transportation by a law enforcement officer to the hospital designated by the certification, as provided for in Section 44-17-440.  (D) The taking of a person into protective custody pursuant to this section is not an arrest. The officer shall inform the person that he or she is being held in protective custody and is not under arrest. However, a law enforcement officer taking an individual into protective custody may use that kind and degree of force necessary, including reasonable precautions for self-protection.  (E) Except when a person is injured as a result of intentional injury, gross negligence, or a wanton disregard for their personal safety, a law enforcement officer, examining physician, or staff person of a mental health center or a designated facility who acts in accordance with this section is immune from civil liability.  (F) For purposes of this section, "crisis stabilization program" means a community-based psychiatric program providing short-term, intensive, mental health treatment in a nonhospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week.  (G) A law enforcement officer may transport a person as provided in this section to a local mental health center or a crisis stabilization program beyond the officer's jurisdiction if the law enforcement agency employing the officer has a written memo of understanding with the local mental health center or crisis stabilization program receiving the person taken into custody.  (H) For purposes of this section, "local mental health center or crisis stabilization program" includes such center or program in an adjoining county or if there is not such a center or program in an adjoining county, then such a center or program in the nearest location.  HISTORY: 2005 Act No. 120, Section 3, eff June 3, 2005.
 Pending his removal to a State mental health facility an individual taken into custody or ordered to be admitted may be temporarily detained in his home, a licensed foster home or any other suitable facility under such reasonable conditions as the county governing body, supervisor or manager may fix, but he shall not, except because of and during an extreme emergency, be detained in a nonmedical establishment used for the detention of individuals charged with or convicted of penal offenses. The county governing body, supervisor or manager shall take such reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained under this section.  HISTORY: 1962 Code Section 32-1015; 1952 (47) 2042.
 Any individual, legally a resident of this State, ordered to be admitted to any mental health facility under the laws of any other state, may be admitted, upon satisfactory proof of residence, to care and treatment in any State mental health facility of this State. The orders of any court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of such individual to a mental health facility shall have the same force and effect upon his transfer to this State as a lawful order of any court of competent jurisdiction in this State. A certified copy of such order shall be furnished the Department of Mental Health prior to the issuance by the Department of Mental Health of any authorization of transfer of such patient. Jurisdiction in all further matters relating to such mentally ill person shall vest in the judge of probate of the county in which the mental health facility, to which such person is admitted, is located, during his confinement therein, or the judge of probate of the county in which he is legally resident.  HISTORY: 1962 Code Section 32-1013; 1954 (48) 1732.
 Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Department of Mental Health, and the Department of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Department of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department of Mental Health with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department of Mental Health shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Department of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.  HISTORY: 1962 Code Section 32-1024; 1952 Code Sections 32-972, 32-1008; 1942 Code Sections 6232, 6233; 1932 Code Sections 6232, 6233; Civ. C. '22 Sections 5085, 5086; Civ. C. '12 Sections 3368, 3369; 1902 (23) 1026; 1920 (31) 704; 1932 (37) 1365; 1952 (47) 2042; 1954 (48) 1732; 1959 (51) 325.
 If any person admitted to a State mental health facility is not a citizen of the United States, the superintendent of the facility concerned shall immediately notify the Department of Mental Health of the name of the person and all ascertainable information as to race, nativity, date of last arrival in the United States, the name of the vessel on which he arrived, the port at which he landed and the name of the transporting company. The Department of Mental Health shall transmit this information to the appropriate United States authorities and shall continue to provide care and treatment for the patient or trainee pending arrangements for his deportation.  HISTORY: 1962 Code Section 32-1025; 1952 Code Sections 32-972, 32-1009; 1942 Code Sections 6232, 6233; 1932 Code Sections 6232, 6233; Civ. C. '22 Sections 5085, 5086; Civ. C. '12 Sections 3368, 3369; 1902 (23) 1026; 1920 (31) 704; 1932 (37) 1365; 1952 (47) 2042.
 If a mentally ill patient from an out-of-State mental health facility is found to be in this State without permission and upon satisfactory identification of the patient and the request of such facility that the patient be returned, he may be taken into custody by proper public officials and transported directly to the out-of-State facility or may be detained in a State mental health facility until such time as transportation arrangements can be made or the patient's health will permit his return. The state requesting the return of the patient shall pay all costs of, and incidental to, the transportation and detention of the patient.  HISTORY: 1962 Code Section 32-1024.1; 1970 (56) 2496.
 The Department of Mental Health shall investigate the case of each patient or trainee in a State mental health facility who is simply mentally or physically infirm or who is a harmless mental defective or harmless epileptic. When, in the opinion of the Department of Mental Health, the family, guardian, trustee, committee or other person legally responsible for the person is financially able to provide for his care, it shall, when in the opinion of the Department of Mental Health this is advisable, transfer the patient or trainee to the custody of that person. If all persons legally responsible for the patient or trainee are financially unable to provide for his care, the Department of Mental Health shall, when practicable, transfer the custody of the person to the county health authorities of the county of which the patient or trainee was a resident prior to admittance.  HISTORY: 1962 Code Section 32-1031; 1952 Code Sections 32-957, 32-964, 32-976; 1942 Code Sections 6226, 6249-1, 6249-3; 1932 Code Sections 1570, 1572, 6226; Civ. C. '22 Section 5078; Cr. C. '22 Sections 518, 520; Cr. C. '12 Sections 587, 589; Cr. C. '02 Sections 430, 432; R. S. 343, 345; 1884 (18) 827, 828; 1920 (31) 704; 1952 (47) 2042.
 The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52.  HISTORY: 1962 Code Section 32-1014; 1952 (47) 2042; 1958 (50) 1634; 1993 Act No. 20, Section 1.  
 This chapter may be cited as the "South Carolina Overdose Prevention Act".  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015.
 For purposes of this chapter:  (1) "Caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by Section 44-130-30 on the indications for and administration of an opioid antidote.  (2) "Community distributor" means an organization, either public or private, which provides substance use disorder assistance and services, such as counseling, homeless services, advocacy, harm reduction, alcohol and drug screening, and treatment to individuals at risk of experiencing an opioid-related overdose.  (3) "Department" means the Department of Health and Environmental Control.  (4) "Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or other substance with which a controlled substance was combined and that a layperson would reasonably believe to require medical assistance.  (5) "First responder" means an emergency medical services provider, a law enforcement officer, or a fire department worker directly engaged in examining, treating, or directing persons during an emergency.  (6) "Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose.  (7) "Opioid antidote" means naloxone hydrochloride or other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.  (8) "Pharmacist" means an individual licensed pursuant to Chapter 43, Title 40 to engage in the practice of pharmacy.  (9) "Prescriber" means a physician licensed pursuant to Chapter 47, Title 40, an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter, and a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article.  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015; 2018 Act No. 169 (H.4600), Section 2, eff May 3, 2018.  Effect of Amendment  2018 Act No. 169, Section 2, inserted (2), relating to the definition of "Community distributor", and redesignated (2) to (8) as (3) to (9).
 (A) A prescriber acting in good faith and exercising reasonable care as a prescriber may issue a written prescription for an opioid antidote to:  (1) a person who is at risk of experiencing an opioid-related overdose; or  (2) a caregiver for a person who is at risk of experiencing an opioid overdose whom the prescriber has not personally examined.  (B)(1) The prescriber must provide to the person or the caregiver overdose information addressing the following:  (a) opioid overdose prevention and recognition;  (b) opioid antidote dosage and administration;  (c) the importance of calling 911 emergency telephone service for medical assistance with an opioid overdose; and  (d) care for an overdose victim after administration of the opioid antidote.  (2) The prescriber must document in the medical record that the opioid overdose information required by this subsection has been provided to the person or the caregiver.  (C) A prescriber acting in good faith and exercising reasonable care may issue a standing order for a first responder to possess an opioid antidote for administration to a person whom the first responder believes to be experiencing an opioid-related overdose.  (D) A prescriber who issues a written prescription or a standing order for an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015.
 (A) A pharmacist acting in good faith and exercising reasonable care as a pharmacist may dispense an opioid antidote pursuant to a written prescription or standing order by a prescriber.  (B)(1) A pharmacist acting in good faith and exercising reasonable care as a pharmacist may dispense an opioid antidote pursuant to a written joint protocol issued by the Board of Medical Examiners and the Board of Pharmacy.  (2) Not later than six months after passage of this act, the Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a pharmacist to dispense an opioid antidote without a patient-specific written order or prescription to a person at risk of experiencing an opioid-related overdose or to a caregiver of such a person.  (3) The protocol must address, at a minimum, the following:  (a) the information that the pharmacist must provide to a person at risk or to a caregiver including, but not limited to, the information required by Section 44-130-30(B)(1);  (b) the documentation that the pharmacist must maintain regarding the dispensing of the opioid antidote and confirming that the required information was provided to the person at risk or to the caregiver;  (c) notification of the person's designated physician or primary care provider that an opioid antidote has been dispensed to that person;  (d) any education or training requirements that the Board of Medical Examiners and the Board of Pharmacy determine to be necessary for a pharmacist to dispense an opioid antidote pursuant to the joint protocol;  (e) guidelines for determining whether an individual is in a position to assist another individual during an overdose and thus may function as a caregiver; and  (f) any other provisions determined by the Board of the Medical Examiners and the Board of Pharmacy to be necessary or appropriate for inclusion in the protocol, including any reporting requirements.  (4) A pharmacist may not delegate the dispensing of an opioid antidote pursuant to this subsection to a pharmacy intern or a pharmacy technician.  (5)(a) All records required by this subsection must be maintained in the pharmacy for a period of at least ten years from the date that the opioid antidote was last dispensed.  (b) All documentation, records, and copies required by this subsection may be stored electronically.  (6) A pharmacist dispensing an opioid antidote pursuant to this subsection must maintain a current copy of the protocol at the pharmacy where the opioid antidote is dispensed.  (7) The Board of Medical Examiners and the Board of Pharmacy may appoint an advisory committee of healthcare professionals licensed in this State to advise and assist in the development of the joint protocol for their consideration.  (8) For purposes of this subsection, "caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of the pharmacist, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by the joint protocol.  (C) A pharmacist dispensing an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.  (D) The Veterans Equal Access Amendment to the Military Construction and Veterans Affairs Appropriations passed by the United States Congress provides that: "Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to provide recommendations and opinions to veterans who are residents of states with state marijuana programs regarding the participation of veterans in such state marijuana programs." The Department of Health and Environmental Control is directed to study: (1) the possibility that a person experiencing an opioid-related overdose would be decreased if access to cannabis was legally permitted; and (2) the extent to which states have latitude by federal law for a Veterans Affairs' physician licensed in the State of South Carolina to provide a written certification that a veteran would benefit from the use of marijuana for medicinal purposes rather than being prescribed opioids. DHEC shall provide the General Assembly a report on the findings by January 1, 2017.  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015; 2016 Act No. 247 (H.5193), Section 1, eff June 5, 2016.
 (A) A caregiver may in an emergency administer, without fee, an opioid antidote to a person whom the caregiver believes in good faith is experiencing an opioid overdose if the caregiver has received the opioid overdose information provided for in Section 44-130-30.  (B) A caregiver who administers an opioid antidote in accordance with the provisions of this section is not subject to civil or criminal liability.  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015.
 (A) A first responder may administer an opioid antidote in an emergency if the first responder believes in good faith that the person is experiencing an opioid overdose.  (B) The first responder must comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. The department may promulgate regulations to implement this section, including appropriate training for first responders who carry or have access to an opioid antidote.  (C) A first responder who administers an opioid antidote in accordance with the provisions of this section to a person whom the first responder believes in good faith is experiencing an opioid overdose is not by an act or omission subject to civil or criminal liability or to professional disciplinary action.  (D)(1) A first responder who administers an opioid antidote as provided in this section shall report to the department's Bureau of Emergency Medical Services information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:  (a) date the opioid antidote was administered; and  (b) name, address, and date of birth of the person to whom the opioid antidote was administered, if available.  (2) A first responder shall submit the information required pursuant to item (1) electronically or by facsimile to the Bureau of Emergency Services within thirty days of administration. The Bureau of Emergency Medical Services shall transmit the information to the department's Bureau of Drug Control.  (3)(a) If a first responder submits the name, address, and date of birth of a person to whom an opioid antidote was administered, Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person. If no history exists, then Drug Control shall confirm that the antidote was administered in response to a verified opioid overdose. If the antidote was administered in error, then Drug Control shall document the error.  (b) Drug Control also shall maintain data on the administering of opioid antidotes by first responders including, but not limited to, the frequency with which first responders administer opioid antidotes by geographic location, first responder, and dispenser.  HISTORY: 2015 Act No. 54 (H.3083), Section 1, eff June 3, 2015; 2019 Act No. 65 (H.3728), Section 2, eff January 1, 2021.  Editor's Note  2019 Act No. 65, preamble, provides as follows:  "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and  "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and  "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and  "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and  "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and  "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]."  Effect of Amendment  2019 Act No. 65, Section 2, added (D), requiring first responders to submit certain information to DHEC for inclusion in the prescription monitoring program.
 (A) A prescriber acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antidote to a community distributor for the purpose of distributing the opioid antidote to:  (1) a person at risk of experiencing an opiate-related overdose; or  (2) a caregiver of a person at risk of experiencing an opiate-related overdose.  (B) A pharmacist may dispense an opioid antidote to a community distributor pursuant to a prescription or standing order issued in accordance with this section.  (C)(1) A community distributor acting in good faith may distribute an opioid antidote:  (a) obtained pursuant to a written prescription or standing order issued in accordance with this section; and  (b) pursuant to a written joint protocol issued by the Board of Medical Examiners and the Board of Pharmacy.  (2) Not later than six months after passage of this act, the Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a community distributor to distribute an opioid antidote without a patient-specific written order or prescription to a person at risk of experiencing an opioid-related overdose or to a caregiver of such a person, and without the requirement for a pharmacist to dispense the opioid antidote.  (3) The Board of Medical Examiners and the Board of Pharmacy must appoint an advisory committee to advise and assist in the development of the joint protocol for their consideration. The membership of the committee must include, but not be limited to, a representative of the Department of Health and Environmental Control, a representative of the Department of Alcohol and Other Drug Abuse Services, and health care professionals licensed in the State.  (4) For purposes of this subsection, "caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of the community distributor, may be in a position to assist another individual during an overdose.  (D) A community distributor that distributes an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability.  HISTORY: 2018 Act No. 169 (H.4600), Section 1, eff May 3, 2018.
 (A) A hospital, by and through a health care provider employed by the hospital, may distribute an opioid antidote to:  (1) a person at risk of experiencing an opiate-related overdose; or  (2) a caregiver of a person at risk of experiencing an opiate-related overdose.  (B) A hospital that distributes an opioid antidote in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability. A health care provider employed by a hospital that distributes an opioid antidote for the hospital in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability or subject to disciplinary action by the health care provider's licensing board.  HISTORY: 2022 Act No. 211 (S.1011), Section 3.A, eff May 23, 2022.
 (A) If a person is administered an opioid antidote in a hospital emergency department or other health care facility and the supervising physician diagnoses the patient as having experienced an opioid overdose, the health care facility, as defined in Section 44-7-130, shall report to the department's Bureau of Drug Control information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:  (1) date the opioid antidote was administered; and  (2) name, address, and date of birth of the person to whom the opioid antidote was administered.  (B) The health care facility, as defined in Section 44-7-130, shall submit the information required pursuant to subsection (A) electronically or by facsimile to Drug Control within thirty days after a discharge diagnosis of an opioid overdose and administration of an opioid antidote.  (C)(1) After a health care facility, as defined in Section 44-7-130, submits the name, address, and date of birth of a person to whom an opioid antidote was administered as required by subsection (A), Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person.  (2) Drug Control also shall maintain data on the administering of opioid antidotes as required by this section including, but not limited to, the frequency with which opioid antidotes are administered in hospital emergency departments as required pursuant to subsection (A) and other health care facilities by geographic location.  HISTORY: 2019 Act No. 65 (H.3728), Section 1, eff January 1, 2021.  Editor's Note  2019 Act No. 65, preamble, provides as follows:  "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and  "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and  "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and  "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and  "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and  "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]."  
 Except as provided in Section 44-132-20, no person licensed to practice in this State as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.  HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
 A person who is licensed to practice medicine in this State or the professional legal entity of which the person is a shareholder, partner, employee, or owner, may submit a bill for outpatient anatomic pathology services only to:  (1) the patient directly;  (2) the responsible insurer or other third-party payor;  (3) the hospital, public health clinic, or nonprofit health clinic; or  (4) the referral laboratory or the primary laboratory.  HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
 The health professional licensing boards of this State which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under state law, may revoke, suspend, or deny the renewal of the license of any practitioner who violates the provisions of this chapter. In addition, no patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic is required to reimburse these practitioners for charges or bills submitted in violation of this chapter.  HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
 The provisions of this chapter do not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.  HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.
 For purposes of this chapter, the term "anatomic pathology services" means:  (1) histopathology or surgical pathology meaning the gross and microscopic examination of organ tissue performed by a physician or osteopath or under the supervision of a physician or osteopath;  (2) cytopathology meaning the examination of cells, from fluids, washings, brushings, or smears, including the Pap test examination performed by a physician or osteopath or under the supervision of a physician or osteopath;  (3) hematology meaning the microscopic evaluation of bone marrow aspirations and biopsies performed by a physician or osteopath, or under the supervision of a physician or osteopath, and peripheral blood smears when the attending or treating physician or osteopath, or technologist requests that a blood smear be reviewed by a pathologist;  (4) sub-cellular pathology and molecular pathology; and  (5) blood-banking services performed by pathologists. This chapter does not apply to any clinical laboratory service that is not included in the definition of anatomic pathology as set forth in this section. Nothing contained in this chapter may be construed to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services. Nothing in this chapter may be construed to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter.  HISTORY: 2005 Act No. 10, Section 5, eff January 13, 2005.  
 This act may be cited as the "Asbestos and Silica Claims Procedure Act of 2006".  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 (A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or claimant is physically impaired as set forth in this chapter by an asbestos- or silica-related condition.  (B) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Section 44-135-50 or 44-135-60.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.  
 (A) The General Assembly finds that:  (1) asbestos is a mineral that was widely used prior to the 1980's for insulation, fire-proofing, and other purposes;  (2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards such as those that operated in the South Carolina Lowcountry, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970's;  (3) exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;  (4) diseases caused by asbestos exposure often have long latency periods;  (5) while the cases currently filed in South Carolina are manageable by the courts and the litigants, it is proper for the legislature to support and protect the South Carolina courts from the potential of massive litigation expense and the crowding of trial dockets;  (6) silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks;  (7) silica-related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago;  (8) concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; and  (9) several states, including Texas, Georgia, Ohio, and Florida have enacted legislation setting medical criteria governing asbestos and silica cases and tolling statutes of limitations and requiring persons alleging nonmalignant disease claims to demonstrate physical impairment as a prerequisite to setting such cases for trial.  (B) The purpose of this chapter is to:  (1) provide a procedural remedy allowing efficient judicial supervision and control of asbestos and silica litigation by giving priority for the purposes of trial and resolution to asbestos and silica claimants with demonstrable physical impairment caused by exposure to asbestos or silica; and  (2) preserve the legal rights of claimants who were exposed to asbestos or silica, but have no physical impairment from asbestos or silica exposure, until such time as the claimant can demonstrate physical impairment.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 For purposes of this chapter:  (1) "Asbestos" means all minerals defined as " asbestos" in 29 CFR 1910, as and if amended.  (2) "Asbestos claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person.  (3) "Asbestos-related injury" means personal injury or death allegedly caused, in whole or in part, by inhalation or ingestion of asbestos.  (4) "Asbestosis" means bilateral interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.  (5) "Certified B-reader" means a person who has successfully completed the x-ray interpretation course sponsored by the National Institute for Occupational Safety and Health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this chapter.  (6) "Chest x-ray" means chest films that are taken in accordance with accepted medical standards in effect at the time the x-ray was taken.  (7) "Claimant" means an exposed person and any person who is seeking recovery of damages for or arising from the injury or death of an exposed person.  (8) "Defendant" means a person against whom a claim arising from an asbestos-related injury or a silica-related injury is made.  (9) "Exposed person" means a person who is alleged to have suffered an asbestos-related injury or a silica-related injury.  (10) "FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.  (11) "FVC" means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration.  (12) "ILO system of classification" means the radiological rating system of the International Labor Office in "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses", 2000 edition, as amended from time to time by the International Labor Office.  (13) "Mesothelioma" means a rare form of cancer allegedly caused in some instances by exposure to asbestos in which the cancer invades cells in the membrane lining of the:  (a) lungs and chest cavity (the pleural region);  (b) abdominal cavity (the peritoneal region); or  (c) heart (the pericardial region).  (14) "Nonmalignant asbestos-related injury" means an asbestos-related injury other than mesothelioma or other asbestos-related malignancy.  (15) "Physician board certified in internal medicine" means a physician who is certified by the American Board of Internal Medicine.  (16) "Physician board certified in occupational medicine" means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine.  (17) "Physician board certified in oncology" means a physician who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine.  (18) "Physician board certified in pathology" means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology and whose professional practice:  (a) is principally in the field of pathology; and  (b) involves regular evaluation of pathology materials obtained from surgical or postmortem specimens.  (19) "Physician board certified in pulmonary medicine" means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine.  (20) "Physician board certified in radiology" means a physician who is certified by the American Board of Radiology.  (21) "Plethysmography" means the test for determining lung volume, also known as "body plethysmography", in which the subject of the test is enclosed in a chamber that is equipped to measure pressure, flow, or volume change.  (22) "Predicted lower limit of normal" for any test means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) (dated November 2000).  (23) "Pulmonary function testing" means spirometry and lung volume testing performed in accordance with Section 44-135-40 using equipment, methods of calibration, and techniques that materially comply with:  (a) the criteria incorporated in the American Medical Association Guides to the Evaluation of Permanent Impairment and reported in 20 C.F.R. Part 404, Subpart P, Appendix 1, Part (A), Sections 3.00(E) and (F)(2003), as amended from time to time by the American Medical Association; and  (b) the interpretative standards in the Official Statement of the American Thoracic Society entitled "Lung Function Testing: Selection of Reference Values and Interpretative Strategies", as published in 144 American Review of Respiratory Disease 1202-1218 (1991), as amended from time to time by the American Thoracic Society.  (24) "Radiological evidence" of asbestosis or pleural thickening means a chest x-ray evaluated by a certified B-reader, a radiologist, a physician board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology using the ILO System of classification. The chest x-ray shall be a quality 1 x-ray according to that ILO System, although if the certified B-reader, board certified pulmonologist, or board certified radiologist confirms that a quality 2 x-ray film is of sufficient quality to render an accurate reading under the ILO System of classification and no quality 1 x-ray films are available, then the necessary radiologic findings may be made with the quality 2 x-ray film which is the subject of the confirmation above. Also, in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 x-ray film if a quality 1 x-ray film is not available.  (25) "Report" means a report required by Section 44-135-50 or 44-135-60.  (26) "Respirable" with respect to silica, means particles that are less than ten microns in diameter.  (27) "Serve" means to serve notice on a party in compliance with the South Carolina Rules of Civil Procedure.  (28) "Silica" means a naturally occurring, respirable form of crystalline silicon dioxide, including quartz, cristobalite, and tridymite.  (29) "Silica claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to silica, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person.  (30) "Silica-related injury" means personal injury or death allegedly caused, in whole or in part, by inhalation of silica.  (31) "Silicosis" means fibrosis of the lungs caused by inhalation of silica, including:  (a) acute silicosis, which may occur after exposure to very high levels of silica within a period of months to five years after the initial exposure;  (b) accelerated silicosis; and  (c) chronic silicosis.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 Pulmonary function testing required by this chapter must be interpreted by a physician who is:  (1) licensed in this State or another state of the United States; and  (2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 (A) No person shall have an asbestos claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in an asbestos claim in this State, in the absence of a prima facie showing of asbestos-related malignancy or impairment as shown by service on each defendant of the information listed in either subsection (1) or (2) of this section:  (1) a report by a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report concluding:  (a) the exposed person has been diagnosed with mesothelioma or other asbestos-related malignancy; and  (b) to a reasonable degree of medical certainty, exposure to asbestos was a proximate cause of the diagnosed mesothelioma or other asbestos-related malignancy, accompanied by a conclusion that the exposed person's medical findings were not more probably the result of other causes revealed by the exposed person's employment and medical history. A conclusion that the exposed person's physical impairment(s) is/are "consistent with" or " compatible with" mesothelioma or other asbestos-related malignancy does not meet the requirements of this section; and  (c) for malignant asbestos-related conditions other than mesothelioma, that the exposed person has an underlying nonmalignant asbestos-related condition and that at least fifteen years have elapsed between the date of first exposure to asbestos and the date of diagnosis of the malignancy; or  (2) a report by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:  (a) the exposed person has been diagnosed with a nonmalignant asbestos- related condition; and  (b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:  (i) performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;  (ii) took an occupational and exposure history from the exposed person or from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and  (iii) took a medical and smoking history that includes a review of the exposed person's significant past and present medical problems relevant to the exposed person's impairment or disease;  (c) sets out sufficient details of the exposed person's occupational, exposure, medical, and smoking history to form the basis for a medical diagnosis of an asbestos-related condition and confirms that at least fifteen years have elapsed between the exposed person's first exposure to asbestos and the date of diagnosis;  (d) confirms that the exposed person has a pathological diagnosis of asbestosis graded 1(B) or higher under the criteria published in "Asbestos-Associated Diseases", 106 Archives of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), as amended from time to time; or  (e) confirms that the exposed person's chest x-ray shows bilateral small irregular opacities (s, t, or u) with a profusion grading of 2/2 or higher on the ILO system of classification; or  (f) confirms that the exposed person has radiological evidence of asbestosis and/or pleural thickening showing:  (i) bilateral small irregular opacities (s, t, or u) with a profusion grading of 1/1 or higher; or  (ii) bilateral diffuse pleural thickening graded extent b2 or higher, including blunting of the costophrenic angle; and  (g) confirms that in cases described in subsections (d) or (f) above, the exposed person has or had physical impairment rated at least Class 2 pursuant to the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) (dated November 2000) demonstrating:  (i) forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; or  (ii) total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal; or  (iii) if the claimant's medical condition or process prevents the pulmonary function test from being performed or makes the results of such test an unreliable indicator of physical impairment, a board certified physician in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology, independent from the physician providing the report required herein must provide a report which states to a reasonable degree of medical certainty that the claimant has a nonmalignant asbestos-related condition causing physical impairment equivalent to (g)(i) or (g)(ii) above and states the reasons why the pulmonary function test would be an unreliable indicator of physical impairment.  (h) alternatively and not to be used in conjunction with subsection (g) (iii), if an exposed person's medical conditions or processes prevent a physician from being able to diagnose or evaluate that exposed person sufficiently to make a determination as to whether that exposed person meets the requirements of subsection (2)(f) above, the claimant may serve on each defendant a report by a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time the report was made that:  (i) verifies that the physician has or had a doctor-patient relationship with the exposed person; and  (ii) verifies that the exposed person has asbestos-related pulmonary impairment as demonstrated by pulmonary function testing showing:  (aa) forced vital capacity below the lower limit of normal and total lung capacity, by plethysmography, below the lower limit of normal; or  (bb) forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; and  (iii) verifies that the exposed person has a chest x-ray and computed tomography scan or high-resolution computed tomography scan read by the physician or a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, pathology, or radiology showing either bilateral pleural disease or bilateral parenchymal disease diagnosed and reported as being a consequence of asbestos exposure;  (i) confirms that the physician has concluded that the exposed person's medical findings and impairment were not more probably the result of causes other than asbestos exposure as revealed by the exposed person's occupational, exposure, medical, and smoking history; and  (j) is accompanied by the relevant radiologist's reports, pulmonary function tests, including printouts of all data, flow volume loops, and other information to the extent such has been performed demonstrating compliance with the equipment, quality, interpretation, and reporting standards set out in this chapter, lung volume tests, diagnostic imaging of the chest, pathology reports, or other testing reviewed by the physician in reaching the physician's conclusions. Upon request, the relevant computed tomography scans and/or chest x-rays will be made available for review.  (B) The detailed occupational and exposure history required herein must describe:  (1) the exposed person's principal employments where it was likely there was exposure to airborne contaminants (including asbestos, silica, and other disease causing dusts, mists, fumes, and airborne contaminants) that can cause pulmonary injury; and  (2) identification of the general nature, duration, and frequency of the exposed person's exposure to airborne contaminants, including asbestos and other dusts that can cause pulmonary injury.  (C) All evidence and reports used in presenting the prima facie showing required in this section, including pulmonary function testing and diffusing studies, if any:  (1) must comply with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the AMA's Guidelines to the Evaluation of Permanent Impairment and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the State in which the facility is located is presumed to meet the requirements of this act. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed, or providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed;  (2) must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice;  (3) must not be obtained under the condition that the exposed person retains legal services in exchange for the examination, testing, or screening;  (4) shall not result in any presumption at trial that the exposed person is impaired by an asbestos- or silica-related condition; and  (5) shall not be conclusive as to the liability of any defendant.  (D) The conclusion that a prima facie showing has been made is not admissible at trial.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 (A) No person shall have a silica claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in a silica claim in this State, in the absence of a prima facie showing of impairment as shown by service on each defendant of a report by a physician who is board certified in pulmonary medicine, internal medicine, oncology, pathology, or occupational medicine at the time of issuing the relevant medical report.  (B) In a case alleging silicosis, the medical report must:  (1) be issued by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:  (a) the exposed person has been diagnosed with a silica-related condition; and  (b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:  (i) performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;  (ii) took a detailed occupational and exposure history from the exposed person or, if the exposed person is deceased, from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and  (iii) took a detailed medical and smoking history that includes a thorough review of the exposed person's significant past and present medical problems and the most probable cause of any such problem that is relevant to the exposed person's impairment or disease.  (C) The medical report must set out the details of the exposed person's occupational, exposure, medical, and smoking history, and set forth that there has been a sufficient latency period for the applicable type of silicosis.  (D) The medical report must confirm, on the basis of medical examination, chest x-ray and pulmonary function testing, that the exposed person has permanent respiratory impairment:  (1) rated at least Class 2 pursuant to the AMA Guides to the Evaluation of Permanent Impairment; and  (2) accompanied by:  (a) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher under the ILO system of classification; or  (b) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing large opacities (A, B, or C) in addition to the small opacities referred to in the preceding section; or  (c) a chest x-ray that is an ILO quality 1 film showing acute silicosis as described in Occupational Lung Diseases, Third Edition, as amended from time to time; or  (d) pathological demonstration of classic silicotic nodules exceeding one centimeter in diameter as published in 112 Archive of Pathology and Laboratory Medicine 7 (July 1988), as amended from time to time; or  (e) pathological demonstration of acute silicosis.  (E) For all other silica-related claims, other than silicosis, the medical report must:  (1) be issued by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:  (a) the exposed person has been diagnosed with a silica-related condition; and  (b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:  (i) stating a diagnosis of silica-related lung cancer based on a sufficient latency period which is not less than fifteen years and a statement that to a reasonable degree of medical certainty exposure to silica was a proximate cause of the exposed person's physical impairment, accompanied by a conclusion that the exposed person's silica-related lung cancer was not more probably the result of causes other than exposure to silica revealed by the exposed person's occupational, exposure, medical, and smoking history; or  (ii) stating a diagnosis of silicosis complicated by documented tuberculosis; or  (iii) stating a diagnosis of any other silica-related disease, accompanied by a diagnosis of silicosis as defined herein, based on a sufficient latency period and a statement that to a reasonable degree of medical certainty exposure to silica was a proximate cause of the exposed person's physical impairment, accompanied by a conclusion that the exposed person's silica-related disease was not more probably the result of causes other than exposure to silica revealed by the exposed person's occupational, exposure, medical, and smoking history; and  (2) be accompanied by:  (a) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher under the ILO system of classification;  (b) chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing large opacities (A, B, or C) in addition to the small opacities referred to in subitem (E)(2)(a) of this section;  (c) chest x-ray that is an ILO quality 1 film showing acute silicosis as described in Occupational Lung Diseases, Third Edition, as amended from time to time;  (d) pathological demonstration of classic silicotic nodules exceeding one centimeter in diameter as published in 112 Archive of Pathology and Laboratory Medicine 7 (July 1988), as amended from time to time; or  (e) pathological demonstration of acute silicosis.  (F) All evidence and reports used in presenting the prima facie showing required in this section, including pulmonary function testing and diffusing studies, if any:  (1) must comply with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the AMA's Guidelines to the Evaluation of Permanent Impairment and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing, including general considerations for lung function testing, standardization of spirometry, standardization of the measurement of lung volumes, standardization of the single breath determination of carbon monoxide uptake in the lung, and interpretive strategies of lung testing in effect at the time of the performance of any examination or test on the exposed person required by this act. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located, is presumed to meet the requirements of this subsection. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed, or providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed;  (2) must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice;  (3) must not be obtained under the condition that the exposed person retains legal services in exchange for the examination, test, or screening;  (4) shall not result in any presumption at trial that the exposed person is impaired by an asbestos- or silica-related condition; and  (5) shall not be conclusive as to the liability of any defendant.  (G) The conclusion that a prima facie showing has been made is not admissible at trial.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 (A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act.  (B) In an action pending on the date this chapter becomes law, the case shall not be allowed to be called for or proceed to trial until ninety days after a report has been served on each defendant.  (C) This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in South Carolina shall manage trial settings for all asbestos- and/or silica-related claims.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 (A) In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or provides inadequate prima facie evidence, the defendant may, without waiving any defenses otherwise available to him, file within the time allotted for his Answer, a Notice of Appearance rather than an Answer to the Complaint. The claimant shall, within ninety days of receipt of such Answer or Notice of Appearance, provide such prima facie evidence as is called for by the provisions of this act. The defendant in any case shall then be afforded a reasonable opportunity to challenge the adequacy of the proffered prima facie evidence of asbestos-related or silica-related impairment as referenced in this section and Section 44-135-70(B). Upon a finding of failure to make the required prima facie showing, the claimant's action shall not be placed on any trial docket nor be the subject of any discovery other than discovery on the issue of prima facie evidence of impairment. Upon the finding of the required prima facie showing, no defendant shall be allowed to challenge such prima facie showing absent a showing of misrepresentation, fraud, and/or good cause.  (B) In any action covered by the provisions of this act in which the exposed person has received a diagnosis of mesothelioma which meets the requirements of Section 44-135-50(A)(1), the claimant may petition the court requesting that a trial date be set on an expedited basis. The court may, in its discretion, provide for an expedited trial setting, if the claimant demonstrates good cause for such an expedited trial setting and the defendant(s) is/are not prejudiced by such an expedited trial setting. In no event shall a trial date be set less than one hundred twenty days from the date of an order granting such a motion and in no event shall a case be called for trial unless six months have passed between the date of the initial filing of the case and the date of trial.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 Nothing in this act is intended to, and nothing in this act shall be interpreted to:  (1) affect the rights of any party in bankruptcy proceedings; or  (2) affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established under a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.  HISTORY: 2006 Act No. 303, Section 1, eff May 24, 2006.
 As used in this chapter:  (1) "Eligible patient" means an individual who:  (a) has a terminal illness, attested to by a treating physician;  (b) has, in consultation with a treating physician, considered and exhausted all other treatment options currently approved by the United States Food and Drug Administration;  (c) has received a recommendation from the treating physician for use of an investigational drug, biological product, or device for treatment of the terminal illness;  (d) has given informed consent in writing to use the investigational drug, biological product, or device for treatment of the terminal illness or, if the individual is a minor or is otherwise incapable of providing informed consent, the parent or legal guardian has given informed consent in writing to use the investigational drug, biological product, or device; and  (e) has documentation from the treating physician that the individual meets all of the criteria for this definition, including an attestation from the treating physician that the treating physician was consulted in the creation of the written, informed consent required under this chapter.  (2) "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed Phase I of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration.  (3) "Terminal illness" means a progressive disease or medical or surgical condition that:  (a) entails significant functional impairment;  (b) is not considered by a treating physician to be reversible even with administration of available treatments approved by the United States Food and Drug Administration; and  (c) will result in death without life-sustaining procedures.  (4) "Informed consent" means a written document that is signed by an eligible patient; or if the patient is a minor, by a parent or legal guardian; or if the patient is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:  (a) an explanation of the currently approved products and treatments for the eligible patient's terminal illness;  (b) an attestation that the eligible patient concurs with the treating physician in believing that all currently approved treatments are unlikely to prolong the eligible patient's life;  (c) clear identification of the specific investigational drug, biological product, or device proposed for treatment of the eligible patient's terminal illness;  (d) a description of the potentially best and worst outcomes resulting from use of the investigational drug, biological product, or device to treat the eligible patient's terminal illness, along with a realistic description of the most likely outcome. The description shall be based on the treating physician's knowledge of the proposed treatment in conjunction with an awareness of the eligible patient's terminal illness and shall include a statement acknowledging that new, unanticipated, different, or worse symptoms might result from, and that death could be hastened by, the proposed treatment;  (e) a statement that eligibility for hospice care may be withdrawn if the eligible patient begins treatment of the terminal illness with an investigational drug, biological product, or device and that hospice care may be reinstated if such treatment ends and the eligible patient meets hospice eligibility requirements;  (f) a statement that the eligible patient's health benefit plan or third-party administrator and provider are not obligated or required to pay for any cost of any investigational drug, biological product, or device or for any care or treatments consequent to the use of such investigational drug, biological product, or device; and  (g) a statement that the eligible patient understands that he is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that this liability extends to the eligible patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product, or device states otherwise.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 (A) A manufacturer of an investigational drug, biological product, or device may make available to an eligible patient, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device. Nothing in this article shall be construed to require a manufacturer of an investigational drug, biological product, or device to make such investigational drug, biological product, or device available to an eligible patient.  (B) A manufacturer of an investigational drug, biological product, or device may provide the investigational drug, biological product, or device to an eligible patient without receiving compensation or may require the eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 If an eligible patient dies while being treated with an investigational drug, biological product, or device, the eligible patient's heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage for the treatment.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 (A) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a health care provider licensed in this State, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.  (B) An entity responsible for Medicare certification shall not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 No official, employee, or agent of this State shall block or attempt to block an eligible patient's lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 No private right of action may be brought against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device, for any harm caused to the eligible patient resulting from the use of the investigational drug, biological product, or device as long as the manufacturer or other person or entity has made a good-faith effort to comply with the provisions of this chapter and has exercised reasonable care in actions undertaken pursuant to this chapter.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.
 (A) This chapter does not expand coverage an insurer must provide pursuant to Title 38.  (B) This chapter does not require:  (1) a governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device; or  (2) a hospital or other health care facility licensed pursuant to Chapter 7, Title 44 to provide new or additional services, unless approved or required by the hospital or facility.  (C) A health plan, third party administrator, or governmental agency is not required to, but may, provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this chapter.  HISTORY: 2016 Act No. 230 (H.4542), Section 2, eff June 3, 2016.  
 (A) The General Assembly finds that the right of conscience is a fundamental and unalienable right. It was central to the founding of the United States, has been deeply rooted in our Nation's history and tradition for centuries, and has been central to the practice of medicine, through the Hippocratic Oath, for millennia.  (B) Despite its preeminent importance, however, threats to the right of conscience of medical practitioners, health care institutions, and health care payers have become increasingly more common and severe in recent years. The swift pace of scientific advancement and the expansion of medical capabilities, along with the mistaken notion that medical practitioners, health care institutions, and health care payers are mere public utilities, promise only to make the current crisis worse, unless something is done to restore conscience to its rightful place.  (C) With this purpose in mind, the General Assembly declares that it is the public policy of the State of South Carolina to protect the right of conscience for medical practitioners, health care institutions, and health care payers.  (D) As the right of conscience is fundamental, no medical practitioner, health care institutions, and health care payers should be compelled to participate in or pay for any medical procedure or prescribe or pay for any medication to which the practitioner or entity objects on the basis of conscience, whether such conscience is informed by religious, moral, or ethical beliefs or principles.  (E) It is the purpose of this chapter to protect medical practitioners, health care institutions, and health care payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 For the purposes of this chapter:  (1) "Conscience" means the religious, moral, or ethical beliefs or principles held by any medical practitioner, health care institutions, and health care payers. Conscience with respect to institutional entities or corporate bodies, as opposed to individual persons, is determined by reference to that entity or body's governing documents including, but not limited to, any published religious, moral, or ethical guidelines or directives; mission statements; constitutions; articles of incorporation; bylaws; policies; or regulations.  (2) "Disclosure" means a formal or informal communication or transmission, but does not include a communication or transmission concerning policy decisions that lawfully exercise discretionary authority unless the medical practitioner providing the disclosure or transmission reasonably believes that the disclosure or transmission evinces:  (a) any violation of any law, rule, or regulation;  (b) any violation of any standard of care or other ethical guidelines for the provision of any health care service; or  (c) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.  (3) "Discrimination" means any adverse action taken against, or any threat of adverse action communicated to, any medical practitioner, health care institutions, and health care payers as a result of the practitioner's or entity's decision to decline to participate in a health care service on the basis of conscience. Discrimination includes, but is not limited to, termination of employment; demotion from current position; adverse administrative action; increased administrative duties; refusal of staff privileges; refusal of board certification; loss of career specialty; reduction of wages, benefits, or privileges; refusal to award a grant, contract, or other program; refusal to provide residency training opportunities; denial, deprivation, or disqualification of licensure; withholding or disqualifying from financial aid and other assistance; impediments to creating any health care institution or payer or expanding or improving said health care institution or payer; impediments to acquiring, associating with, or merging with any other health care institution or payer; the threat thereof with regard to any of the preceding; or any other penalty, disciplinary, or retaliatory action, whether executed or threatened. For the purposes of this chapter, "discrimination" does not include reassignment to a comparable role for which the employee is duly qualified, if under the same working conditions and without pecuniary impact to the practitioner.  (4) "Health care service" means medical care provided to any patient at any time over the entire course of treatment. This includes, but is not limited to, examination; testing; diagnosis; dispensing and/or administering any drug, medication, or device; psychological therapy or counseling; research; prognosis; therapy; any other care or necessary services performed or provided by any medical practitioner.  (5) "Health care institution" means any public or private hospital, clinic, medical center, physician organization, professional association, ambulatory surgical center, private physician's office, pharmacy, nursing home, medical school, nursing school, medical training facility, or any other entity or location in which health care services are performed on behalf of any person. Health care institutions may include, but are not limited to, organizations, corporations, partnerships, associations, agencies, networks, sole proprietorships, joint ventures, or any other entity that provides health care services.  (6) "Health care payer" means any employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for, or arranges for the payment of, any health care service provided to any patient, whether that payment is made in whole or in part, and that either:  (a) is a heath care sharing ministry as defined in 26 U.S.C. Section 5000A(d)(2)(B)(ii); or  (b) holds itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs.  (7) "Medical practitioner" means any person or individual who may be or is asked to participate in any health care service. This includes, but is not limited to, doctors, nurse practitioners, physician's assistants, nurses, nurses' aides, allied health professionals, medical assistants, pharmacists, pharmacy technicians, medical school faculty and students, nursing school faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, or social workers.  (8) "Participate" in a health care service means to provide, perform, assist with, facilitate, counsel for, advise with regard to, admit for the purposes of providing, or take part in providing, any health care service or any form of such service.  (9) "Pay" or "payment" means to pay for, contract for, arrange for the payment of (whether in whole or in part), reimburse, or remunerate.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 (A) A medical practitioner, health care institutions, and health care payers have the right not to participate in or pay for any health care service which violates the practitioner's or entity's conscience.  (B) No medical practitioner, health care institutions, and health care payers may be civilly, criminally, or administratively liable for exercising the practitioner's or entity's right of conscience with respect to a health care service. No health care institution may be civilly, criminally, or administratively liable for any claims related to or arising out of the exercise of conscience rights protected by this chapter by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution.  (C) No medical practitioner, health care institutions, and health care payers may be discriminated against in any manner as a primary result of the practitioner's or entity's decision to decline to participate in a health care service on the basis of conscience.  (D) Notwithstanding any other provision of this chapter to the contrary, a religious medical practitioner, health care institutions, and health care payers that hold themselves out to the public as religious, state in their governing documents that they have a religious purpose or mission, and have internal operating policies or procedures that implement their religious beliefs, have the right to make employment, staffing, contracting, and admitting privilege decisions consistent with their religious beliefs.  (E) Nothing in this chapter may be construed to override either the requirement to provide emergency medical treatment to all patients as set forth in 42 U.S.C. Section 1395dd or any other federal law or regulation.  (F) Exercise of the right of conscience is limited to conscience-based objections to a particular health care service. This section may not be construed to waive or modify any duty a health care practitioner, health care institutions, and health care payers may have to provide other medical services that do not violate the practitioner's, institution's, or payer's conscience.  (G) A medical practitioner exercising his right of conscience to abstain from providing certain health care services pursuant to this chapter may, at his sole discretion and if requested by the patient or legal representative of the patient:  (1) refer the patient to;  (2) transfer the patient to; or  (3) provide information to the patient about other medical practitioners or health care institutions who they reasonably believe may offer the health care service that the medical practitioner or health care institution does not to permit, perform, or participate in because of a conscience-based objection to a health care service.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 (A) No medical practitioner may be discriminated against in any manner because the medical practitioner:  (1) provided, caused to be provided, or is about to provide or cause to be provided to the practitioner's employer, the Attorney General of South Carolina, the Department of Health and Environmental Control, the South Carolina Board of Medical Examiners, any state agency charged with protecting health care rights of conscience, the U.S. Department of Health and Human Services Office of Civil Rights, or any other federal agency charged with protecting health care rights of conscience information relating to any violation of, or any act or omission the medical practitioner reasonably believes to be a violation of, any provision of this chapter;  (2) testified or is about to testify in a proceeding concerning such violation;  (3) assisted or participated, or is about to assist or participate, in such a proceeding; or  (4) refused to participate in an abortion.  (B) Unless the disclosure is specifically prohibited by law, no medical practitioner may be discriminated against in any manner because the medical practitioner disclosed any information that the medical practitioner reasonably believes evinces:  (1) any violation of any law, rule, or regulation;  (2) any violation of any standard of care or other ethical guidelines for the provision of any health care service; or  (3) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.  (C) A medical practitioner shall disclose his objection to a health care service to his employer and the entity where the health care service is to be performed within a reasonable amount of time from when he knew or should have known that such a service may be performed. A health care institution or employer shall make every reasonable effort to properly document the objection status of a disclosing practitioner.  (D) No provision of this chapter shall be construed as to limit an employer's or contractee's authority to make employment, staffing, contracting, disciplinary, credentialing, privileging, or other related decisions for reasons that are not directly related to individual expressions of conscience that are expressly protected by this chapter.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 (A) A medical practitioner or health care institution may, pursuant to Section 1-13-90, file a complaint with the State Human Affairs Commission for any alleged violation of any provision of this chapter.  (B) The State Human Affairs Commission must investigate reports of alleged violations of this chapter. If the State Human Affairs Commission finds that a respondent has engaged in an unlawful discriminatory practice pursuant to this chapter, the State Human Affairs Commission will assist respondent with appropriate corrective action. If, despite assistance, corrective action is not satisfactory, the State Human Affairs Commission shall consult other public officers as the commission deems proper regarding options to overcome the effects of such violations. At a minimum, the State Human Affairs Commission must provide a copy of its report to:  (1) the Director of the Department of Health and Environmental Control, if the respondent is a health care facility;  (2) the Director of the Department of Labor, Licensing and Regulation, if the respondent is a medical practitioner.  (C) If the State Human Affairs Commission does not remedy a complaint, then a health care practitioner, health care institution, or health care payer may file suit for injunctive relief, damages, and reasonable attorney's fees in a court of competent jurisdiction. If the notice provisions of Section 44-139-90 are violated, then the patient may file suit for injunctive relief, damages, and reasonable attorney's fees in a court of competent jurisdiction.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 The licensing and regulation of medical practitioners and the provision of health care services, as defined in Section 44-139-20, is expressly preempted by the State. A county, municipality, or other political subdivision may not adopt or enforce an ordinance, resolution, rule, or policy that restricts, limits, controls, directs, or otherwise interferes with the type and scope of health care services provided by a medical practitioner or the professional conduct and judgment of a medical practitioner when providing health care services.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 A health care practitioner may not be scheduled for or assigned to directly or indirectly perform, facilitate, or participate in an abortion unless the practitioner first affirmatively consents in writing to perform, facilitate, or participate in the abortion.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 A medical practitioner may not refuse to provide any health care service to a person based on his race.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.
 The contract, policy, or other documentation executed between a health care payer and a person that requires the health care payer to pay for or arranges for the payment of any health care services provided to the person must contain a statement in bold type face providing the person with notice that some health care services may not be provided by the health care payer because the provision of those services violates the health care payer's conscience as defined in Section 44-139-20(1). The notice must further provide that a list of the health care services that the health care payer will not pay for or arrange payment for may be found on the health care payer's website or otherwise be made available to the person upon request.  HISTORY: 2022 Act No. 235 (H.4776), Section 2, eff June 17, 2022.  
 Any county, city, town, political subdivision, or any combination thereof, of over one hundred thousand population, and upon consent of the South Carolina Department of Mental Health, any city, county, town, or political subdivision, or combination thereof, with less than one hundred thousand population, may establish a community mental health services program and may establish clinics and staff them with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a county, city, town, political subdivision or nonprofit corporation or a community mental health board established pursuant to this article.  HISTORY: 1962 Code Section 32-1034.21; 1961 (52) 110.
 The Department of Mental Health may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation of local mental health programs to provide the following services:  (1) Collaborative and cooperative services with public health, education, welfare and other groups for programs of prevention of mental illness, intellectual disability and other psychiatric disabilities;  (2) Informational and educational services to the general public and lay and professional groups;  (3) Consultative services to schools, courts and health and welfare agencies, both public and private;  (4) Diagnostic and treatment services; and  (5) After care services for patients suffering from mental or emotional disorders, intellectual disability and other psychiatric conditions, particularly those who have received prior treatment in an in-patient facility.  HISTORY: 1962 Code Section 32-1034.22; 1961 (52) 110.
 Any county, city, town, political subdivision, nonprofit corporation or community mental health board administering a mental health services program may apply for the assistance provided by this article by submitting annually to the Department of Mental Health its plan and budget for the next fiscal year together with the recommendations of the community mental health board. No program shall be eligible for such assistance unless its plan and budget have been approved by the Department.  HISTORY: 1962 Code Section 32-1034.23; 1961 (52) 110.
 At the beginning of each fiscal year the Department shall allocate available funds to the mental health programs for disbursement during the fiscal year in accordance with such approved plans and budgets. The Department shall, from time to time during the fiscal year, review the budgets and expenditures of the various programs, and if funds are not needed for a program to which they were allocated, it may, after reasonable notice and opportunity for hearing, withdraw such funds as are unencumbered and reallocate them to other programs. It may withdraw funds from any program which is not being administered in accordance with its approved plan and budget.  HISTORY: 1962 Code Section 32-1034.24; 1961 (52) 110.
 Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.  HISTORY: 1962 Code Section 32-1034.25; 1961 (52) 110; 1966 (54) 2593; 1969 (56) 630; 1971 (57) 519; 1974 (58) 1980, 2331; 2000 Act No. 253, Section 4.
 Every county, city, town, or political subdivision, or combination of them, establishing a community mental health services program, before it may come within this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. The legislative delegations and the Governor shall consider consumer and family representation, including parents of emotionally disturbed children and adolescents, when recommending and appointing members to the board. By resolution a county legislative delegation may delegate to the governing body of the county they represent the authority to recommend board members to the Governor. The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department of Mental Health, and the governing bodies of the counties concerned. The number of members representing each county must be proportional to its population. The term of office of each member of the community mental health board is four years and until the member's successor is appointed. Vacancies must be filled for the unexpired term in the same manner as original appointments. A member of a board may be removed by the Governor pursuant to the provisions of Section 1-3-240. A person may serve consecutive terms.  In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.  In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.  In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.  HISTORY: 1962 Code Section 32-1034.26; 1961 (52) 110; 1964 (53) 1875; 1979 Act No. 30; 1983 Act No. 100; 1991 Act No. 88, Section 2; 1992 Act No. 382, Section 1; 1993 Act No. 27, Section 1; 1993 Act No. 181, Section 1076.
 Subject to the provisions of this article and the rules and regulations of the Department of Mental Health, each community mental health board shall:  (1) Be the administrative agency for the community mental health services program; and it shall be a body corporate in deed and in law with all the powers incident to corporation, including the power to purchase, lease or sell real and personal property;  (2) Employ personnel necessary to carry out the community mental health services program, who shall meet the job specifications as prescribed by the Department and its merit system;  (3) Review and evaluate community mental health services provided pursuant to this article and report its findings and recommendations to the Department, the administrator of the local program and, when indicated, the public;  (4) Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies and other lawful sources, and promote public support for municipal and county appropriations;  (5) Promote, arrange and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies;  (6) Advise the administrator of the local program on the adoption and implementation of policies to stimulate effective community relations; and  (7) Review the annual plan and budget of the local program and make recommendations thereon.  HISTORY: 1962 Code Section 32-1034.27; 1961 (52) 110; 1964 (53) 1875; 1974 (58) 2219.
 In addition to the powers and duties already conferred by law, the Department of Mental Health 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 Director of the Department 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.
 If any balances of appropriations for the program authorized by this article are unexpended during any fiscal year, the Department of Mental Health may carry such balances forward to the next fiscal year; provided, that not more than five per cent of the amount appropriated during any fiscal year shall be carried forward.  HISTORY: 1962 Code Section 32-1034.29; 1961 (52) 110.  
 If in the judgment of the director of a state hospital the person is a proper subject for voluntary admission, the director of the hospital shall admit for treatment an individual who is eighteen years of age or over and applies for admission.  HISTORY: 1962 Code Section 32-951; 1952 Code Section 32-959; 1942 Code Section 6228; 1932 Code Section 6228; Civ. C. '22 Section 5081; 1920 (31) 704; 1952 (47) 2042; 1966 (54) 2259; 1974 (58) 2642; 1977 Act No. 99 Section 2; 1993 Act No. 39, Section 1.
 The superintendent of a hospital shall discharge any voluntary patient who has recovered or whose detention he determines to be no longer advisable.  HISTORY: 1962 Code Section 32-952; 1952 (47) 2042; 1974 (58) 2642.
 A voluntary patient who requests to be discharged or whose discharge is requested, in writing, by the patient's parent or legal guardian or other interested person must be discharged, except that:  (1) if the patient was admitted on the patient's own application and the request for discharge is made by a person other than the patient, discharge must be conditioned upon the agreement of the patient;  (2) if the director of the hospital, within three days, excluding Saturdays, Sundays, and legal holidays, after the patient or other interested person requests the patient's discharge, files with the probate court of the county in which the patient resided or was present immediately before admission a certificate that in the director's opinion, the patient desiring discharge is mentally ill and should be hospitalized, discharge may be postponed on application for as long as the court determines by order to be necessary for conducting proceedings for judicial admission, but in no event for more than fifteen days. Upon the filing of a certificate, the proceedings for judicial admission must be conducted pursuant to Sections 44-17-510 through 44-17-610.  HISTORY: 1962 Code Section 32-953; 1952 Code Section 32-959; 1942 Code Section 6228; 1932 Code Section 6228; Civ. C. '22 Section 5081; 1920 (31) 704; 1952 (47) 2042; 1974 (58) 2642; 1993 Act No. 40, Section 1.
 At the time of his admission to the hospital and once during the first six months of hospitalization and annually thereafter a voluntary patient shall be informed in writing of his right to release. The patient's spouse, parent, legal guardian or other interested person shall also be so informed and shall sign a statement to that effect which shall become a part of the patient's record. The patient shall also acknowledge deliverance of the notice in writing or an affidavit that he was so informed shall be attached to his record. Where no spouse, parent, legal guardian or other interested person is known to exist, documentation in the patient's record of this finding will be deemed to be in compliance with the notification requirements.  HISTORY: 1962 Code Section 32-954; 1974 (58) 2642; 1977 Act No. 99 Section 3.
 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 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.  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.  If the court appoints these two designated examiners, the examination must be performed at the treatment facility and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent designated examiners who shall submit a report to the court within the time allotted above. In the process of examination by the designated examiners, previous hospitalization records must be considered. At least one of the examiners appointed by the court must be a licensed physician. The examiners' reports must include the grounds for the examiners' conclusions.  If the report of the designated examiners is that the patient is not mentally ill to the extent that involuntary treatment is required and reasons have been set forth in the report, the court shall dismiss the petition and the patient must be discharged immediately by the facility unless the designated examiners report that the patient is a chemically dependent person in need of emergency commitment and that procedures have been initiated pursuant to Section 44-52-50. In which case, emergency commitment procedures must be complied with in accordance with Chapter 52, and the facility shall transfer the patient to an appropriate treatment facility as defined by Section 44-52-10, provided that confirmation has been obtained from the facility that a bed is available; transportation must be provided by the department.  If the report of the designated examiners is that the patient is mentally ill and involuntary treatment is required, the court may order that the person be detained, appoint counsel for the patient if counsel has not been retained, and fix a date for a full hearing to be held pursuant to Section 44-17-570 within fifteen days from the date of admission. The court shall give notice of the hearing pursuant to Section 44-17-420.  The examiners' report must be available to the person's counsel before the full hearing. The person must be given the opportunity to request an independent designated examiner pursuant to Section 44-17-530.  If before the hearing, the designated examiners determine that the patient is no longer mentally ill to the extent that involuntary treatment is required, they shall cause a supplemental report to be submitted to the court. If the court receives a supplemental report at least forty-eight hours before the hearing stating that the patient is no longer mentally ill to the extent involuntary treatment is required, and setting forth the reasons for the examiners' conclusions, the court shall dismiss the petition and the patient must be discharged immediately by the facility.  HISTORY: 1962 Code Section 32-955; 1952 Code Section 32-958; 1942 Code Section 6227; 1932 Code Section 6227; Civ. C. '22 Section 5080; 1920 (31) 704; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 4; 1986 Act No. 435; 1990 Act No. 383, Section 1; 1991 Act No. 30, Section 1; 1992 Act No. 296, Section 1; 2000 Act No. 253, Section 6; 2005 Act No. 120, Section 1, eff June 3, 2005; 2016 Act No. 225 (H.3952), Section 2, eff June 3, 2016.
 Any certification for an emergency admission of a person fifty-five years of age or older who, at the time of the petition, is a patient in a hospital or a resident of a nursing care facility pursuant to Section 44-17-410 must be accompanied by the results of the most recent physical examination, including appropriate laboratory work as contained in the medical record which must be furnished by the hospital or nursing care facility except as otherwise prohibited by federal law. The physician evaluating the mental condition of the patient shall take into consideration the results of the physical examination to ascertain how the mental and physical treatment needs of the person may best be provided.  HISTORY: 1987 Act No. 158 Section 1.
 At least five days before the hearing scheduled by the court pursuant to Section 44-17-410(3), the clerk or other officer of the probate court shall give written notice of the hearing to the person, his counsel, the applicant, and other interested persons. The notice must include the date, time, and place of the hearing, the basis for the person's detention, conclusions and underlying facts, and the standard upon which he has been detained. The notice of hearing also must include a statement advising the recipient that the person may request the names of designated examiners and other persons who may testify in favor of his continued detention and the substance of their proposed testimony.  HISTORY: 1962 Code Section 32-956; 1974 (58) 2642; 1977 Act No. 99 Section 5; 1992 Act No. 365, Section 1.
 If a person believed to be mentally ill and because of this condition likely to cause serious harm if not immediately hospitalized cannot be examined by at least one licensed physician pursuant to Section 44-17-410 because the person's whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-17-410 shall execute an affidavit stating a belief that the individual is mentally ill and because of this condition likely to cause serious harm if not hospitalized, the ground for this belief and that the usual procedure for examination cannot be followed and the reason why. Upon presentation of an affidavit, the judge of probate for the county in which the individual is present may issue an order requiring a state or local law enforcement officer to take the individual into custody for a period not exceeding twenty-four hours. The order expires seventy-two hours after it was issued, and if the person is not taken into custody within those seventy-two hours, the order is no longer valid. During the person's detention the person must be examined by at least one licensed physician as provided for in Section 44-17-410(2). The individual taken into custody has the right to representation by an attorney. If within the twenty-four hours the person in custody is not examined by a licensed physician or, if upon examination the physician does not execute the certification provided for in Section 44-17-410(2), the proceedings must be terminated and the individual in custody must be released immediately. Otherwise, proceedings must be held pursuant to Section 44-17-410(3).  HISTORY: 1962 Code Section 32-957; 1962 (52) 1703; 1974 (58) 2642; 1992 Act No. 296, Section 2; 2005 Act No. 120, Section 2, eff June 3, 2005.
 (A) The certificate required by Section 44-17-410, emergency admission, must authorize and require a state or local law enforcement officer, preferably in civilian clothes and preferably with crisis intervention training, to take into custody and transport the person to the hospital designated by the certification. No person may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the mental health facility designated in the application or engage the services of an emergency medical technician as defined by Section 44-61-310, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a state or local law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume that responsibility and liability. A friend or relative who chooses to transport the patient is not entitled to reimbursement from the State for the cost of the transportation. An officer or an emergency medical technician acting in accordance with this article is immune from civil liability. Upon entering a written agreement between the local law enforcement agency, the governing body of the local government, the emergency medical service providers, and the directors of the community mental health centers, an alternative transportation program utilizing peer supporters and case managers may be arranged for nonviolent persons requiring mental health treatment. The agreement clearly must define the responsibilities of each party and the requirements for program participation.  (B) An individual who has been certified for an involuntary emergency admission but not yet admitted to a facility and needs to be transported from a mental health center or an emergency department of a hospital to another facility for admission may be transported by an emergency medical technician.  HISTORY: 1962 Code Section 32-958; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1982 Act No. 389; 1992 Act No. 296, Section 3; 1994 Act No. 290, Section 1; 2016 Act No. 225 (H.3952), Section 3, eff June 3, 2016.
 The Department of Mental Health, in conjunction with its local mental health centers acting as the preadmission facilities, must develop and maintain a preadmission screening and evaluation service for all psychiatric emergencies at the local community level utilizing available local resources for mentally ill persons. The preadmission screening services must act as the public mental health system's entry point in order (1) to provide to the examining physician information about accessible crisis intervention, evaluation, and referral services in the community; (2) to offer to mentally ill persons clinically appropriate alternatives to inpatient care, if any; and when necessary (3) to provide a means for involuntary commitment.  HISTORY: 1988 Act No. 397, Section 1.
 Prior to the emergency admission of any person to a psychiatric facility of the Department of Mental Health, the person must be examined by a licensed physician. The physician must inform the mental health center in the county where the person resides or where the examination takes place of the mental and physical treatment needs of the patient. The physician must consult with the center regarding the commitment/admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.  The examining physician must complete a statement that he has consulted with the local mental health center prior to the admission of the person to a state psychiatric facility. If the physician does not consult with the center, he must state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a patient to its facility if the physician fails to complete the statement required by this section.  HISTORY: 1988 Act No. 397, Section 2.
 Proceedings for involuntary hospitalization by judicial procedure may be commenced by filing a written petition with the probate court of the county where he is present or where he is a resident by any interested person or the superintendent of any public or private mental institution in which he may be. The petition shall be served on the person and his attorney and if he has no attorney then on him and a member of his immediate family.  The petition shall be accompanied by a certificate of a designated examiner stating that he has examined the person and is of the opinion that he is mentally ill and should be hospitalized or a written statement by the petitioner that the person has refused to submit to an examination by a designated examiner. The certificate or the written statement shall state the underlying facts upon which the examiner or petitioner, if the person has refused to submit to an examination, bases his conclusions and not merely the conclusions themselves.  HISTORY: 1962 Code Section 32-959; 1952 Code Sections 32-961, 32-962; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 6.
 Upon receipt of a petition the court shall give notice thereof to the proposed patient, to his legal guardian, if any, and to any other interested person. This notice shall also indicate the proposed patient's right to counsel.  HISTORY: 1962 Code Section 32-960; 1952 (47) 2047; 1974 (58) 2642.
 Within three days after the petition for judicial commitment set forth in Section 44-17-510 is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the person if counsel has not been retained and the court shall appoint two designated examiners, one of whom must be a licensed physician, to examine the person and report to the court their findings as to the person's mental condition and need for treatment. The examination must be made at a suitable place not likely to have a harmful effect upon the person's health. On a report of the designated examiners of refusal to submit to examination, the court shall order the person to submit to examination. If the person refuses to obey the court's order the court may require a state or local law enforcement officer to take the person into custody for a period not exceeding twenty-four hours during which time the person must be examined by the two designated examiners. The person's attorney must be notified before the person's confinement. If the examiners do not execute the certification provided for in this section within twenty-four hours, the proceeding must be terminated and the person must be released. An adequate record of the examination must be made and offered to the person's counsel. If the conclusions of the examination are that the person is mentally ill the underlying facts must be recorded as well as the conclusions. The person must be given the opportunity to request an additional examination by an independent designated examiner. If the court determines that the person is indigent the examination must be conducted at public expense.  HISTORY: 1962 Code Section 32-961; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1974 (58) 2642. 1977 Act No. 99 Section 7; 1992 Act No. 296, Section 4.
 If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill to the extent that involuntary treatment is required, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within five days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill and involuntary treatment is required, the court shall conduct a hearing. For persons admitted pursuant to Section 44-17-410, the hearing may be held on the same day as the designated examinations unless the person or his counsel objects. Upon objection by the person or his counsel, the court shall delay the hearing. For persons whose admission is sought under Section 44-17-510, the court immediately shall fix a date for and give notice of a hearing, to be held not less than five nor more than seven days, excluding Saturdays, Sundays, and legal holidays, from receipt of the report.  HISTORY: 1962 Code Section 32-962; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1953 (48) 504; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 8; 1982 Act No. 412; 1991 Act No. 34, Section 1; 2000 Act No. 253, Section 7.
 Notice of the hearing must be given to the person, his counsel, and other interested persons at least five days before the hearing. Notice must include the time, date, and place of the hearing, the underlying facts, and the standards under which the person is sought to be committed. A copy of the designated examiners report must be provided to the person's counsel. The notice of hearing also must include a statement advising the recipient that the person may request the names of the designated examiners and other persons who may testify in favor of his commitment and the substance of their proposed testimony.  HISTORY: 1962 Code Section 32-963; 1974 (58) 2642; 1977 Act No. 99 Section 9; 1992 Act No. 365, Section 2.
 The individual shall have the right to demand removal of the proceedings to any other county of the State when the convenience of the witnesses and the ends of justice so require. When the place of the proceedings is changed all other proceedings shall be had in the county to which the place of hearing is changed, unless otherwise provided by the consent of the parties in writing, duly filed, or order of the court. And the papers shall be filed or transferred accordingly.  HISTORY: 1962 Code Section 32-964; 1974 (58) 2642.
 All persons to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses and the court may receive the testimony of any other person. The court may exclude all persons not necessary for the conduct of the proceedings. The person for whom the hearing is being held shall have the right to be present at the commitment hearing and such right may be waived only by him or his attorney. The court may in its discretion cause the hearing to be held in any suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the person concerned is best served by conducting the hearing in a location other than the probate court. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person. The court shall in receiving evidence follow the rules of evidence applicable to the probate courts of this State. If the person is indigent he shall have the right to a free transcript of the record of the proceedings.  HISTORY: 1962 Code Section 32-965; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1942 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 10.
 (A) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition:  (1) lacks sufficient insight or capacity to make responsible decisions with respect to his treatment; or  (2) there is a likelihood of serious harm to himself or others, the court shall order in-patient or out-patient treatment at a mental health facility, public or private, designated by the Department of Mental Health and may order out-patient treatment following in-patient treatment. If the court finds that the person is not mentally ill and not in need of involuntary treatment, the court shall dismiss the proceedings.  (B) If the court orders out-patient treatment and the respondent fails to adhere to the prescribed out-patient treatment order or program, the treatment facility shall report the failure to the court and the court upon notice to the respondent and his counsel shall order a supplemental hearing and may further order in-patient treatment in a designated facility as needed. The probate court issuing the order for out-patient treatment shall maintain jurisdiction over the person for the purpose of supplemental proceedings as set forth in this chapter and every order issued pursuant to this subsection must be so conditioned. An order for in-patient treatment at a mental health facility does not raise a presumption of incompetency and no rights may be denied a person unless specifically ordered by the court.  HISTORY: 1962 Code Section 32-966; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 11; 2000 Act No. 253, Section 8; 2005 Act No. 120, Section 4, eff June 3, 2005.
 Any individual with respect to whom such order of hospitalization has been issued shall not be admitted to any public or private mental health facility or hospital on the basis thereof at any time after the expiration of thirty days following the date of the judicial order, unless the judge of probate issuing such order extends this date.  HISTORY: 1962 Code Section 32-968; 1954 (48) 1732; 1974 (58) 2642.
 Upon request by the individual, his relatives, spouse or guardian and agreement by the superintendent of the hospital concerned, the court may order the hospitalization of the patient in any private, county, Veterans' Administration or other suitable institution. Neither the State, any county nor any municipality shall be liable for any costs of or charges for sending an individual to a private institution or connected with or arising out of his being sent there.  HISTORY: 1962 Code Section 32-969; 1952 (47) 2042; 1974 (58) 2642.
 The petitioner or the person shall have the right to appeal from any order of the probate court issued pursuant to Section 44-17-580 to the court of common pleas of the county where the probate court is situated. The notice of intention to appeal together with the grounds for the appeal shall be filed in the probate court and the court of common pleas within fifteen days of the date of the order issued pursuant to Section 44-17-580. The appeal shall be heard by any circuit judge having jurisdiction in the county upon the record of the probate court. The judge may require that additional evidence be presented in the hearing if notice is given to both appellant and respondent.  The probate court shall be responsible for certifying the record on the proceedings before the probate court to the circuit court judge within thirty days of filing of the notice of intention to appeal. The circuit judge shall hold the hearing and render a decision affirming or reversing the order of the probate court within fifteen days of receipt of the record of the probate court.  The costs shall be borne by the applicant unless the court determines that he cannot afford them.  Any appeal from the order of the circuit judge shall be taken in the manner provided by the South Carolina Appellate Court Rules. An order of a circuit judge requiring release of the person shall be of force and effect unless it is reversed on appeal.  HISTORY: 1962 Code Section 32-970; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 12; 1999 Act No. 55, Section 46.
 A patient is entitled to a reexamination on the patient's own petition or that of any other interested person to the probate court of the county from which the patient was admitted. The treatment facility shall inform every patient and at least one other interested person of this right to petition for reexamination. Notice of this right must be given in writing upon admission to the hospital, once during the first six months of hospitalization, and every six months thereafter during the treatment of the patient. If no spouse, parent, legal guardian, or other interested person is known to exist, documentation in the patient's record of this finding is considered compliance with the notice requirement of this section.  Upon receipt of the petition the court shall conduct proceedings in accordance with this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27 of this title, except that the proceedings may not be required to be conducted if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than three months after the holding of a hearing pursuant to this section. The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs.  HISTORY: 1962 Code Section 32-971; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 13; 1992 Act No. 323, Section 1.
 If any person ordered to be admitted to an institution pursuant to this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, and Chapter 27, is eligible for institutional care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing the facilities are available and that the person is eligible for care or treatment there, may order him to be placed in the custody of the agency for admittance. Jurisdiction shall be retained in the appropriate courts to inquire into the mental condition of the person admitted and to determine the necessity for continuance of his confinement. Every order of admittance issued pursuant to this section is so conditioned.  HISTORY: 1962 Code Section 32-973; 1974 (58) 2642; 1977 Act No. 99 Section 14.
 Monies appropriated to implement the provisions of this article may be paid to a state employee if the employee is not performing his duties as a state employee and is not a full-time state employee.  HISTORY: 1986 Act No. 483.
 Unless in the opinion of the attending physician a person is incapable of caring for himself once released or discharged from a mental health facility, he shall be released or discharged upon his own recognizance. No other party shall sign for his release or discharge unless that party shall be the person who is to care for the released or discharged individual.  HISTORY: 1962 Code Section 32-985; 1974 (58) 2642.
 It shall be unlawful for any person, without prior authorization from the patient's attending physician, to take or cause to be taken any patient away from the grounds of any facility under the jurisdiction of the Department of Mental Health. Any person violating the provisions of this section shall be fined in a sum of not more than one thousand dollars or imprisoned for not exceeding one year, or both.  HISTORY: 1962 Code Section 32-989; 1974 (58) 2642.
 If any person involuntarily committed to a facility under the jurisdiction of the Department of Mental Health is absent without proper authorization, the Department shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered.  HISTORY: 1980 Act No. 459, Section 2.
 If a patient involuntarily committed to a facility under the jurisdiction of the State Department of Mental Health is absent without proper authorization, a state or local law enforcement officer or employee of the department appointed pursuant to Section 44-11-70, upon the request of the facility superintendent or director or a designee and without the necessity of a warrant or a court order, may take the patient into custody and return the patient to a facility designated by the department. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the department for at least one year unless criminal charges are still pending against the patient or unless he was committed to a facility of the department pursuant to Chapter 24, Title 17.  HISTORY: 1962 Code Section 32-990; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 19; 1980 Act No. 459, Section 1; 1992 Act No. 296, Section 5.
 Notwithstanding any other provisions of this chapter, no person with respect to whom proceedings for judicial confinement have been commenced shall be granted leave of absence, or discharged during the pendency of such proceedings unless ordered by the court upon the application of the patient or his legal guardian, parent, spouse or next of kin or upon the report of the superintendent of the facility that the person may be discharged with safety.  HISTORY: 1962 Code Section 32-992; 1974 (58) 2642; 1977 Act No. 99 Section 20.
 Neither the superintendent of a mental health facility nor any other person legally participating in the release or discharge of a patient shall be liable either civilly or criminally on account of such participation.  HISTORY: 1962 Code Section 32-993; 1974 (58) 2642.
 This chapter is known and may be cited as the State Underground Petroleum Environmental Response Bank Act of 1988.  HISTORY: 1988 Act No. 486, Section 2.
 All releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified for expenditure of funds from the Superb Account, provided that a written report is filed with respect to it. All usual, customary, and reasonable site rehabilitation costs are eligible and any funds expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:  (1) The provisions of this section do not apply to a release at a site where the department has initiated an administrative or civil enforcement action before December 31, 1987.  (2) The provisions of this section do not apply to a release at a site where the department has been denied site access to implement the provisions of this chapter.  (3) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for any costs expended at a release at a site which was either reported to the department or where rehabilitation commenced before December 31, 1987.  (4) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for costs incurred at a release at a site reported to the department between January 1, 1990, and July 1, 1991, unless the costs are in excess of the minimum financial responsibility required of the owner under the applicable provision of Section 44-2-70(A) which was in effect at the time the release was reported.  For all releases reported during the time period established in this section, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approval must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter.  HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 6; 1991 Act No. 171, Part II, Section 18C; 1992 Act No. 501, Part II, Section 43F; 1994 Act No. 497, Part II, Section 80G; 1995 Act No. 145, Part II, Section 2E.
 The department shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the department determines that a release at a site qualifies for compensation from the Superb Account, coverage for that release shall continue to be provided, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account. If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge.  HISTORY: 1994 Act No. 497, Part II, Section 80A; 1995 Act No. 145, Part II, Section 2F.
 (A) The department shall promulgate regulations relating to the evaluation and approval of site rehabilitation contractors to perform work pursuant to this chapter. In doing so, the department, where appropriate, may utilize or incorporate national or state licensing or certification programs that may assist in this endeavor. The department in these regulations may distinguish between different types of site rehabilitation contractors. The regulations promulgated pursuant to this section shall include the following requirements for site rehabilitation contractors:  (1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities;  (2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors;  (3) requirements for public notice of requests for approval applications, evaluation of applications, and subsequent publication of a list of approved contractors;  (4) requirements for actions to be taken in the event that an approved contractor fails to maintain the approval;  (5) requirements for use of an owner or operator's personnel or equipment in performing site rehabilitation activities.  (B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.  (C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who:  (1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation;  (2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years;  (3) has demonstrated repeated noncompliance with requirements for compensation established by the department under Section 44-2-50(B);  (4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards;  (5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section.  HISTORY: 1988 Act No. 486, Section 2; 1992 Act No. 501, Part II, Section 43G; 1995 Act No. 145, Part II, Section 2L.
 (A) For releases reported subsequent to June 30, 1993, and so long as funds are available in the Superb Account and except as otherwise provided in Sections 44-2-40 and 44-2-110, an owner or operator or his agent is eligible for compensation for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted.  (B) For all releases reported after June 30, 1993, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approvals must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter.  (C)(1) No owner or operator or his agent is entitled to compensation from the Superb Account for site rehabilitation unless rehabilitation is conducted in accordance with criteria established by the department and regulations promulgated by the department pursuant to Section 44-2-50(B).  (2) No owner or operator or his agent is entitled to compensation from the Superb Account for the costs of repair or replacement of any tank or equipment.  (D) Compensation from the Superb Account by an owner or operator or his agent conducting site rehabilitation through his own personnel or through contractors or subcontractors is not considered a state contract for purposes of procurement or subject to state bid requirements.  (E)(1) An owner or operator of an underground storage tank or his agent seeking to qualify for compensation from the Superb Account for site rehabilitation shall submit a written application to the department. The written application must be on a form specified by the department and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The department shall accept certification that the release at the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the department shall provide written notice to the applicant of its findings including detailed reasons for any denial. Any denial of an application must be appealable to the Board of Health and Environmental Control. The department is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110.  (2) The owner or operator responsible for conducting the site rehabilitation or his agents shall keep and preserve suitable records of hydrological and other site assessments, site plans, contracts, accounts, invoices, or other transactions related to the cleanup and rehabilitation and the records must be accessible to the department during regular business hours.  (F) An owner or operator of an underground storage tank or his agent seeking compensation from the Superb Account must submit to the department a written request consisting of a plan for site rehabilitation and an associated cost proposal in accordance with regulations established by the department. The department shall make payments as expeditiously as possible for invoices submitted in accordance with regulations. However, payment for any properly justified invoice after ninety days of receipt shall include interest compounded daily for the amount of approved costs at the same legal interest rate provided by Section 34-31-20(A). For invoices submitted to the department after July 1, 1994, no interest may be paid pursuant to this paragraph. Interest continues to accrue and must be paid for invoices submitted to the department before July 1, 1994, which meet the requirements of this paragraph.  (G) The provisions of this section do not apply to rehabilitation of a release at a site owned or operated by the federal government.  HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Sections 5, 7-10; 1991 Act No. 171, Part II, Section 18D; 1992 Act No. 501, Part II, Section 43H; 1995 Act No. 145, Part II, Sections 2G, 2H, 2I.
 (A) Whenever the department finds that any person is in violation of any provision of this chapter, any regulation promulgated under this chapter, or prior order of the department, the department may issue an order requiring the person to comply with the provision, regulation, or prior order, or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. An order issued by the department or court may include civil penalties as provided for in this chapter. The department immediately may suspend an underground storage tank permit to operate or registration certificate or may order other action as may be necessary and proper when it is determined that the operation of the underground storage tank constitutes an imminent hazard to human health or the environment. Following immediate permit or registration certificate suspension, all dispensing from the underground storage tank upon which this action was taken shall cease and the owner or operator shall properly empty the tank.  (B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.  (C) Any person who wilfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.  HISTORY: 1988 Act No. 486, Section 2; 1997 Act No. 88, Section 5.
 (A) There is established a Superb Advisory Committee to study the implementation and administration of the Superb program, including the Superb Account, the Superb Financial Responsibility Fund, and the regulatory requirements applicable to underground storage tanks; to make recommendations to the department and the General Assembly on ways to improve the efficiency of the program and to maximize available funds; and to advise the department on administration of the program.  (B) The members of the committee must be appointed before August 1, 1994.  (C) The committee shall consist of fourteen members, appointed by the commissioner of the department as follows:  (1) one member representing the general public;  (2) two members representing environmental organizations;  (3) one member representing the South Carolina Petroleum Council;  (4) one member representing the South Carolina Petroleum Marketers Association;  (5) one member representing the South Carolina Service Station Dealers Association;  (6) one member representing the South Carolina Chamber of Commerce;  (7) one member representing the South Carolina Bankers Association;  (8) one member representing a business that specializes in the assessment or remediation, or both, of contamination resulting from leaking underground storage tanks;  (9) one member representing the South Carolina Department of Insurance;  (10) one member representing the Department of Health and Environmental Control;  (11) one member representing the State Department of Administration, Division of General Services;  (12) one member representing the Municipal Association of South Carolina; and  (13) one member representing the South Carolina Association of Counties.  (D) The committee shall have the following duties and responsibilities:  (1) to conduct an initial review of the management of the Superb Program and the Superb Financial Responsibility Fund and the availability of funds in the account and the fund and thereafter to monitor the management of the account and the fund;  (2) to determine the success of the Superb program in achieving its statutory purpose of providing a means for the investigation and cleanup of spills, leaks, and other discharges from underground storage tanks without delay, which determination shall include a list of all sites cleaned up pursuant to the Superb program;  (3) to review the administration of the Superb program and to determine the feasibility and desirability of maintaining or separating the function of environmental regulation from the function of administering the Superb Account and Superb Financial Responsibility Fund;  (4) to make recommendations on the development of regulations for prioritizing sites;  (5) to make recommendations on the development of regulations establishing reasonable site-specific cleanup goals and utilizing risk-based goals for corrective action;  (6) to review the financial solvency of the Superb Account and to examine and make recommendations regarding alternative funding mechanisms;  (7) to review the interaction between the Federal Trust Fund and the Superb Account;  (8) to review and provide recommendations on standards and procedures to reduce time and costs to achieve site cleanup in a high quality and efficient manner;  (9) to study and make recommendations regarding the feasibility of utilizing a competitive bidding process in any or all stages of the Superb program;  (10) to study and make recommendations regarding the feasibility of the State's contracting with private entities to provide services for the program, such as having private insurers process compensation applications;  (11) to make recommendations regarding actions the department could take to facilitate commercial lending activity involving Superb-qualified sites and;  (12) to make recommendations regarding the development of an appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B).  (E) Members of the committee shall serve for terms of two years and until their successors are appointed and qualify. The committee shall selection a chairman and vice-chairman. The committee shall adopt operating procedures, including attendance requirements. A majority of the members constitute a quorum to do business. The committee shall meet on the call of the chairman or of a majority of the members; however, the committee shall meet at least monthly before the date that its initial report required by subsection (F) is due. The department shall provide the necessary staff and the administrative facilities and services to the committee and shall cooperate fully with the committee, including providing information necessary for the committee to perform its functions.  (F) Not later than December 16, 1994, the committee shall submit a report to the department and General Assembly addressing the issues identified in subsection (D) of this section. The report shall include recommendations for any statutory changes that the committee determines should be made in the Superb program and recommendations regarding regulations required to be promulgated pursuant to Section 44-2-50(B).  (G) Following its initial report, the committee shall submit to the department and the General Assembly by the end of each calendar year an annual report which, at a minimum, shall address the financial status and viability of the Superb Account and the Superb Financial Responsibility Fund, the number of sites successfully remediated pursuant to the Superb program, the number of sites remaining to be remediated, and any statutory or regulatory changes that the committee recommends.  HISTORY: 1994 Act No. 497, Part II, Section 80B.  
 When used in this chapter, the listed terms have the following meanings unless the context clearly requires otherwise:  (1) "Affiliate" means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interest among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or exclusion of a person, under applicable regulation, where the person has the same or similar management, ownership, or principal employees as the suspended, debarred, or excluded person.  (2) "Bodily injury" means actual medically documented costs and medically documentable future costs of adverse health effects that have resulted from exposure to a release of petroleum or petroleum products from an underground storage tank. Bodily injury does not mean pain and suffering.  (3) "Committed funds" means that portion of the Superb Account reserved as a result of action by the Department of Health and Environmental Control to approve costs for planned site rehabilitation activities.  (4) "Compensation" means billing the Superb Account for costs associated with site rehabilitation after receiving prior approval from the department and in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter. All compensation is considered committed funds.  (5) "Department" means the Department of Health and Environmental Control.  (6) "Familial relationship" means a connection or association by family or relatives, in which a family member or relative has a material interest. Family or relatives include father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, or fiancee.  (7) "Financial relationship" means a connection or association through a material interest or sources of income which exceed five percent of annual gross income from a business entity.  (8) "Fund" means the funds provided for under this chapter and deposited in the Superb Account or the Superb Financial Responsibility Fund hereinafter created.  (9) "Occurrence" means an accident, including continuous or repeated exposure to conditions which results in a release from an underground storage tank.  (10) "Operator" means any person in control of, or having responsibility for the daily operation of an underground storage tank.  (11) "Orphan site" means a site where there has been a release from an underground storage tank but responsible party issues have not been resolved, and site rehabilitation has not been undertaken.  (12) "Owner" means:  (a) in the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank system used for storage, use, or dispensing of regulated substances;  (b) in the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, a person who owned such an underground storage tank immediately before the discontinuation of its use; or  (c) a person who has assumed legal ownership of the underground storage tank through the provisions of a contract of sale or other legally binding transfer of ownership.  (13) "Person" means any individual, partner, corporation organized or united for a business purpose, or a governmental agency.  (14) "Petroleum" and "petroleum product" means crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any such liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel. The terms "petroleum" and "petroleum product" do not include any:  (a) hazardous substance as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);  (b) substance, other than used oils, regulated as a hazardous waste under Subtitle C of Title II of the Federal Resource Conservation and Recovery Act of 1976 (RCRA); or  (c) mixture of petroleum or a petroleum product containing any such hazardous substance or hazardous waste in greater than de minimis quantities.  (15) "Property damage" means a documented adverse physical impact to structures or property as a result of a release of petroleum or petroleum products from an underground storage tank. The total damage is limited to the difference between the original fair market value of the property or structure and the residual value or the depreciated replacement cost of the property or structure, whichever is less. The documented presence of petroleum or petroleum products at levels not posing an unacceptable risk to human health or environment shall not be grounds for a claim or suit.  (16) "Punitive damages" means damages awarded by a court to an injured party to punish the defendant for a serious wrong. This award only is in addition to actual damages awarded for bodily injury or property damage.  (17) "Regulated substance" means:  (a) a substance defined in Section 101(14) of CERCLA, but not including any substance regulated as a hazardous waste under Subtitle C of RCRA; and  (b) petroleum and petroleum products. The term "regulated substance" includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.  (18) "Related interest" means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other.  (19) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into subsurface soils, groundwater, or surface water.  (20) "Site rehabilitation" means cleanup actions taken in response to a release from an underground, storage tank which includes, but is not limited to, investigation, evaluation, planning, design, engineering, construction, or other services put forth to investigate or clean up affected subsurface soils, groundwater, or surface water.  (21) "Site rehabilitation contractor" means any person who carries out site rehabilitation actions, including persons retained or hired by these persons to provide services related to site rehabilitation.  (22) "Substantial compliance" means that an underground storage tank owner or operator has demonstrated a good faith effort to comply with regulations necessary and essential in preventing releases, in facilitating their early detection, and in mitigating their impact on public health and the environment.  (23) "Third party claim" means a civil action brought or asserted by an injured party against an owner or operator of an underground storage tank for bodily injury or property damages resulting from a release of petroleum or petroleum products from an underground storage tank. The underground storage tank owner or operator, the owner of the property where the underground storage tank is located, a person to whom properties are transferred in anticipation of damage due to a release, employees or agents of an owner or operator, or employees or agents of the property owner must not be considered a third party.  (24) "Underground storage tank" means any one or combination of tanks, including underground pipes connected to it, which is used to contain an accumulation of regulated substance, and the volume of which is ten percent or more beneath the surface of the ground. The term does not include any:  (a) farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;  (b) tank used for storing heating oil for consumptive use on the premises where stored;  (c) septic tank;  (d) pipeline facility, including gathering line, regulated under the Federal Natural Gas Pipeline Safety Act of 1968 or the Federal Hazardous Liquid Pipeline Safety Act of 1979, or any pipeline facility regulated under state laws comparable to the provisions of these federal provisions of law;  (e) surface impoundment, pit, pond or lagoon;  (f) storm water or wastewater collection system;  (g) flow-through process tank;  (h) liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;  (i) storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the petroleum storage tank is situated upon or above the surface of the floor;  (j) hydraulic lift reservoirs, such as for automobile hoists and elevators, containing hydraulic oil; or  (k) any pipes connected to any tank which is described in subitems (a) through (j).  HISTORY: 1988 Act No. 486, Section 2; 1992 Act No. 501, Part II Section 43A; 1993 Act No. 164, Part II, Section 36A; 1994 Act No. 497, Part II, Section 80C; 1995 Act No. 145, Part II, Section 2A; 1995 Act No. 146, Section 8A.
 (A) There is created within the state treasury two separate and distinct accounts which are to be administered by the Department of Health and Environmental Control. The "Superb Account" and the "Superb Financial Responsibility Fund" are created to assist owners and operators of underground storage tanks containing petroleum and petroleum products to the extent provided for in this chapter but not to relieve the owner or operator of any liability that cannot be satisfied by the provisions of this chapter.  The Superb Account must be used for payment of usual, customary, and reasonable costs for site rehabilitation of releases from underground storage tanks containing petroleum or petroleum products.  The Superb Financial Responsibility Fund must be used for compensating third parties for actual costs for bodily injury and property damage caused by accidental releases from underground storage tanks containing petroleum or petroleum products. The Superb Financial Responsibility Fund must not be used for reimbursing claims for punitive damages.  Except for releases reported before July 1, 1994, sites where the underground storage tank, at the time of discovery and reporting of the release to the department, is not in substantial compliance with regulations promulgated pursuant to Section 44-2-50(A), are not eligible for compensation from the Superb Account, and no third party claims resulting from that release may be paid from the Superb Financial Responsibility Fund.  (B) The Superb Account is established to ensure the availability of funds for the rehabilitation of releases at sites contaminated with petroleum or petroleum products released from an underground storage tank and for administration of the underground storage tank regulatory program established in this chapter. The department shall use the fund to pay the usual, customary, and reasonable costs of site rehabilitation up to a maximum of one million dollars per occurrence as a result of a release from an underground storage tank containing petroleum or petroleum products for releases that were reported to the department before July 1, 1993, and in excess of twenty-five thousand dollars and up to a maximum of one million dollars per occurrence for site rehabilitation for releases reported to the department on or after July 1, 1993. The department shall use the fund to pay these costs of site rehabilitation by owners or operators who qualify for compensation. The department may use the fund to clean up a release at a site where the underground storage tank owner or operator does not qualify for compensation or a site which does qualify but the owner or operator is unwilling or unable to undertake site rehabilitation, and the department shall diligently pursue the recovery of any sum so incurred from the owner or operator responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The fund must be further used for the payment of costs incurred by the department in providing field and laboratory services and other assistance by the department in the investigation of alleged contamination. This fund must not be used for the cleanup of any other pollutant. Funds in the Superb Account also may not be used to pay any liability claims against the owners or operators of underground storage tanks. The Superb Account must be credited with all fees, charges, commitments, and judgments allowable under this chapter. Charges against the Superb Account only may be made in accordance with the provisions of this chapter. Beginning November 1, 1994, the department shall transfer on a monthly basis one hundred thousand dollars of the funds generated by the environmental impact fee from the Superb Account to the Superb Financial Responsibility Fund until the balance of the Superb Financial Responsibility Fund reaches two million dollars. Subsequently, monthly transfers of one hundred thousand dollars from the Superb Account to the Superb Financial Responsibility Fund shall only occur when the balance of the Superb Financial Responsibility Fund becomes less than one million dollars, and the monthly transfers shall continue until the balance of the Superb Financial Responsibility Fund reaches two million dollars. Committed funds for site rehabilitation activity revert to uncommitted status after four months of initiation of commitment if no invoices for that commitment have been received by the department.  (C) The Superb Financial Responsibility Fund must be used to reimburse owners or operators who compensate third parties or compensate third parties directly, only for bodily injury and property damages caused by releases from underground storage tanks containing petroleum or petroleum products, exclusive of any legal costs of the parties, and only when there are judgments, settlements, alternative dispute resolution outcomes, or consent orders for damages for bodily injury or property damage, or both, that are approved by a court of competent jurisdiction within the State of South Carolina. To seek payment from the Superb Financial Responsibility Fund, the owner or operator must notify the department in writing by registered mail within sixty days of receipt of the third party claim or suit and must defend in good faith against the claim or suit. At its discretion, the department may intervene in the claim or suit to protect the Superb Financial Responsibility Fund. Intervention includes, but is not limited to, defending the claim, approving the claim, or participating in the settlement of the claim.  The costs of claim or suit intervention by the department must be recoverable from the Superb Financial Responsibility Fund. These intervention costs must not affect the per occurrence assurance amounts provided by the Superb Account or the Superb Financial Responsibility Fund.  The Superb Financial Responsibility Fund is not liable for any claims where no owner or operator exists.  The amount of money in the Superb Financial Responsibility Fund, the method of collection, or information regarding the administration of the fund is not admissible as evidence in a trial for damages potentially payable by the Superb Financial Responsibility Fund.  (D) The Superb Account and the Superb Financial Responsibility Fund shall provide combined coverage for site rehabilitation and third party claims, respectively, not to exceed one million dollars per occurrence. The estimated cost of site rehabilitation must be reserved from the combined coverage before payment of third party claims.  The underground storage tank owner or operator must be responsible for the first twenty-five thousand dollars per occurrence for releases of petroleum and petroleum products from underground storage tanks reported to the department subsequent to July 1, 1993.  Nothing in this chapter establishes or creates any liability or responsibility on the part of the department or the State as administrators of the Superb Account and the Superb Financial Responsibility Fund to pay any costs for site rehabilitation or third party claims from any source other than the Superb Account and the Superb Financial Responsibility Fund created by this chapter, and the department and the State as administrators of the Superb Account and the Superb Financial Responsibility Fund have no liability or responsibility to make payments for cleanup costs or third party claims if the funds are insufficient. If the funds are insufficient to make the payments at the time the claim is filed, these claims must be paid in the order of filing at such time as monies accrue in each account, respectively.  The one hundred dollar underground storage tank registration and annual renewal fee may be used by the department for the administration of the underground storage tank program established by this chapter and its activities as trustees of the Superb Account and the Superb Financial Responsibility Fund, exclusive of legal costs outlined in subsection (C).  HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 1; 1991 Act No. 171, Part II, Section 18A; 1992 Act No. 501, Part II Section 43B; 1993 Act No. 164, Part II, Section 36B; 1994 Act No. 497, Part II, Section 80D; 1995 Act No. 145, Part II, Section 2B; 1997 Act No. 88, Section 1.
 (A) The department shall promulgate regulations relating to permitting, release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section must include the following requirements for underground storage tanks:  (1) requirements for submitting a permit application and obtaining permits before the installation and operation of an underground storage tank;  (2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;  (3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;  (4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;  (5) requirements for taking corrective action in response to a release from an underground storage tank. The requirements mandated by this item, other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, do not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing; and  (6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment.  (B) The department shall keep an accurate record of costs and expenses incurred under the provisions of this chapter for the rehabilitation of sites contaminated with petroleum or petroleum products released from underground storage tanks and to make this record public on a quarterly basis, and, except as otherwise provided in Section 44-2-110, the department thereafter shall diligently pursue the recovery of any sum so incurred from the person responsible or from the United States government under any applicable federal law, unless the department finds the amount involved too small or the likelihood of success too uncertain. The department shall provide the forms necessary for an application for compensation of site rehabilitation costs to the Superb Account and for compensation of rehabilitation costs from the Superb Account. By March 10, 1996, the department shall submit to the General Assembly regulations addressing the following:  (1) General procedures that response action contractors must follow during site rehabilitation.  (2) General requirements that identify allowable costs for site rehabilitation activities, procedures for payment, provisions for auditing of claims paid, provisions for recovery of costs for ineligible or inappropriate activities, and procedures for addressing related disputes.  (3) Prioritizing expenditures from the Superb fund for site rehabilitation activities. This system for prioritizing releases must be based on available technical information and shall consider the potential risk to human health and the environment. Releases at sites that present an imminent threat to human health and the environment shall receive first priority for receiving Superb funds to eliminate the imminent threat. All other releases at sites must be prioritized based on the available technical information so that the appropriate level of assessment is performed at the site. The assessment should adequately define the extent and severity of contamination at each site so that a determination of appropriate actions can be made. A proper assessment includes, but is not limited to, the following:  (a) site specific geology;  (b) distance to drinking water sources or Wellhead Protection Areas;  (c) concentrations in soil and ground water;  (d) depth to ground water; and  (e) potential for an emergency situation, including fire or explosion hazard.  (4) Develop a system to determine the appropriate actions for releases at sites based on the results of the assessment. This system also shall determine standards in the soil and ground water. The standards must be based on the potential risk to human health and the environment and take into account the current and reasonably potential use of the ground water as drinking water. The standards shall provide that no additional site rehabilitation is required if site-specific concentrations in soil and ground water are below applicable standards.  (5) Procedures for determining site-specific corrective actions. If contaminant concentrations are above the standards set forth pursuant to item (4), a site-specific evaluation must be conducted utilizing site-specific risk assessment. The procedures to determine acceptable levels of risk must include, but not be limited to, the following:  (a) identification and elimination of sources of soil and ground water contamination;  (b) identification of transport mechanisms and exposure pathways;  (c) evaluation of exposure scenarios and potential receptors;  (d) consideration of land use and surrounding land use;  (e) evaluation of other appropriate scientific data;  (f) use of appropriate statistical procedures and modeling protocols;  (g) evaluation of the use of institutional and engineering controls; and  (h) consideration of technological limitations.  The regulations shall further provide that determination of completion of site rehabilitation must be based on achievement of corrective action standards.  (6) Procedures for coordinating all permits necessary to implement a corrective action plan.  (7) An appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(A).  (C) For purposes of enforcing this chapter and any regulations promulgated pursuant thereto, any representative or employee of the department is authorized:  (1) to enter at reasonable times any establishment or other place where an underground storage tank is located;  (2) to inspect and obtain samples of any regulated substance contained in the tank; and  (3) to copy any records, reports, information, or test results relating to the purpose of this chapter.  HISTORY: 1988 Act No. 486, Section 2; 1994 Act No. 497, Part II, Section 80E; 1995 Act No. 145, Part II, Section 2J; 1995 Act No. 146, Section 8B; 1997 Act No. 88, Section 2.
 (A) The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. Beginning January 1, 2012, the annual renewal fee for each tank will be as follows:  (1) 2012-two hundred dollars;  (2) 2013-three hundred dollars;  (3) 2014-four hundred dollars; and  (4) 2015-five hundred dollars.  The additional revenue generated from the tank fee increases listed above must be deposited into the Superb Account. No portion of the increases may be used by the department for administration of the program or for orphan sites as defined in Section 44-2-20(11).  When the Superb Account is credited with an additional thirty-six million dollars from the increase in tank fees, general appropriations, settlements, or other sources of funds including federal funds designated for cleanup, or declared insolvent, the tank registration fee shall revert to one hundred dollars annually for each tank beginning January first of the next year.  (B) No person may place a regulated substance and no owner or operator may cause a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The department may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The department may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 44-2-140.  (1) All fees are due to the department within thirty days of billing. The department shall issue a late notice, with no penalty due, to an underground storage tank owner or operator who has unpaid fees thirty days after billing. An owner or operator who fails to pay the fees within sixty days of the initial billing must pay a ten percent penalty in addition to the ten percent penalty for any fees remaining unpaid ninety days after the initial billing. An owner or operator with unpaid fees ninety days after the initial billing is subject to additional enforcement action as provided for in Section 44-2-140.  (2) The department may not disburse Superb Account or Superb Financial Fund monies to any person or persons for the rehabilitation of a petroleum or petroleum product release from any underground storage tank or underground storage tank system where all past and present fees and penalties owed on the applicable tank have not been paid.  (3) The funds generated by the registration and late penalty fees may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed the amount collected from funds received from federal grants specifically designated for administrative use, interest, the first one hundred dollars for tank registration and late penalty fees.  (C) In addition to the inspection fee of one-fourth cent a gallon imposed pursuant to Section 39-41-120, an environmental impact fee of one-half cent a gallon is imposed which must be used by the department for the purposes of carrying out the provisions of this chapter. This one-half cent a gallon environmental impact fee must be paid and collected in the same manner that the one-fourth cent a gallon inspection fee is paid and collected except that the monies generated from these environmental impact fees must be transmitted by the Department of Agriculture to the Department of Health and Environmental Control which shall deposit the fees as provided for in Section 44-2-40.  HISTORY: 1988 Act No. 486, Section 2; 1989 Act No. 189, Part II, Section 40B; 1990 Act No. 473, Section 2; 1992 Act No 501, Part II Section 43C; 1995 Act No 145, Part II, Section 2K; 1997 Act No. 88, Section 3; 2010 Act No. 177, Section 1, eff May 19, 2010.
 (A) At the time the federal government mandates financial responsibility for underground storage tank owners or operators, the owner or operator of an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the lesser amount of that required by the federal government or in the amount of twenty-five thousand dollars for site rehabilitation and for compensating third parties for property damage and bodily injury arising from the operation of petroleum underground storage tanks per occurrence with an annual aggregate of twenty-five thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, risk retention group, or any other method satisfactory to the department. No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted. The owner or operator shall demonstrate evidence of financial responsibility to the department.  (B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility, consistent with the provisions of this chapter, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank. The funds established in Section 44-2-40, for the purposes of these regulations, are acceptable mechanisms for maintaining this financial responsibility by owners and operators of underground storage tanks above twenty-five thousand dollars.  (C) The funds established in Section 44-2-40, combined with the financial responsibility required by this section, may be used by owners and operators of underground storage tanks to demonstrate their compliance with any financial responsibility requirements promulgated under federal regulation.  HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 3; 1992 Act No. 501, Part II Section 43D; 1995 Act No. 145, Part II, Section 2C.
 (A) Any person who owns an underground storage tank containing petroleum or petroleum products who is unable to demonstrate financial responsibility in the minimum amounts specified in Section 44-2-70(A) may establish an insurance pool in order to demonstrate this financial responsibility. The pool may purchase insurance or reinsurance on a group or individual basis, self-insure its members, or form, or join a purchasing group as defined in Section 38-87-20(10). Any contract establishing an insurance pool shall provide for:  (1) the election by pool members of a governing authority for the pool, which may be a board of directors, a majority of whom must be elected or appointed officials of pool members;  (2) a financial plan setting forth in general terms:  (a) the insurance coverages to be offered by the insurance pool, applicable deductible levels, and the maximum levels of claims which the pool will self-insure;  (b) the amount of cash reserves to be set aside for the payment of claims;  (c) the amount of insurance to be purchased by the pool to provide coverage over and above the claims which are not to be satisfied directly from the pool's resources; and  (d) the amount, if any, of aggregate excess insurance coverage to be purchased and maintained in the event that the insurance pool's resources are exhausted in a given fiscal period;  (3) a plan of management which provides for the following:  (a) the means of establishing the governing authority of the pool;  (b) the responsibility of the governing authority for fixing contributions to the pool, maintaining reserves, levying and collecting assessments for deficiencies, disposing of surpluses, and administration of the pool in the event of termination or insolvency;  (c) the basis upon which new members may be admitted to, and existing members may leave, the pool;  (d) the identification of funds and reserves by exposure areas; and  (e) those other provisions as are necessary or desirable for the operation of the pool.  (B) The formation and operation of an insurance pool under this section is subject to approval by the Director of the Department of Insurance who may, after notice and hearing, establish reasonable requirements by regulation for the approval and monitoring of these pools, including prior approval of pool administrators and provisions for periodic examinations of financial condition.  (C) The Department of Insurance may disapprove an application for the formation of an insurance pool and may suspend or withdraw approval whenever he finds that the applicant or pool:  (1) has refused to submit its books, papers, accounts, or affairs to the reasonable inspection of the Director of the Department of Insurance or his representative;  (2) has refused, or its officers or agents have refused, to furnish satisfactory evidence of its financial and business standing or solvency;  (3) is insolvent or is in such condition that its further transaction of business in this State is hazardous to its members and creditors in this State, and to the public;  (4) has refused or neglected to pay a valid final judgment against it within sixty days after its rendition;  (5) has violated any law of this State or has violated or exceeded the powers granted by its members;  (6) has failed to pay any fees, taxes, or charges imposed in this State within sixty days after they are due and payable, or within sixty days after final disposition or any legal contest with respect to liability therefor; or  (7) has been found insolvent by a court of any other state, or by the insurance commissioner or other proper officer or agency of any other state, and has been prohibited from doing business in that state.  HISTORY: 1988 Act No. 486, Section 2; 1993 Act No. 181, Sections 1034, 1035; 1995 Act No. 145, Part II, Section 2D.
 (A) Any person who releases a regulated substance from an underground storage tank immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct site rehabilitation.  (B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.  (C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:  (1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.  (2) The person allows for reasonable access by the underground storage tank owner or operator or the department to perform site rehabilitation activities.  HISTORY: 1988 Act No. 486, Section 2; 1995 Act No. 146, Section 8C; 1997 Act No. 88, Section 4.
 Any interest accruing on the Superb Account and the Superb Financial Responsibility Fund must be credited to each respective account.  HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 4; 1991 Act No. 171, Part II, Section 18B; 1992 Act No. 501, Part II, Section 43E; 1994 Act No. 497, Part II, Section 80F; 2020 Act No. 120 (S.525), Section 1, eff March 24, 2020.  Effect of Amendment  2020 Act No. 120, Section 1, deleted the (A) designator, and deleted (B), which had related to the prospective abolition of the environmental interest fee and the use of residual funds for site rehabilitation.
 This chapter may be cited as the "South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act".  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Licensing by the department must be done in conjunction with and not in place of licensing by an agency having responsibilities outside the department's jurisdiction. However, nothing in this section prevents the department from entering into cooperative agreements or contracts with an agency which has or may have licensing responsibilities in order to accomplish the licensing of programs.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department has authority for all of the state's disabilities and special needs services and programs.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The commission may raise monies for the construction of improvements under the terms and conditions of this article.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the commission may not exceed twenty million dollars.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 If the commission determines that improvements are required for a residential regional center or community facility, it may make application for them to the State Fiscal Accountability Authority or Department of Administration, as appropriate. The application must contain:  (1) a description of the improvements sought and their estimated cost;  (2) the number of paying clients receiving services from the department, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year;  (3) the revenues derived from the paying clients during the preceding three fiscal years;  (4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of monies to be made available to the commission for state capital improvement bonds;  (5) a statement showing the debt service requirements of other outstanding obligations.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The State Fiscal Accountability Authority or Department of Administration, as appropriate, may approve, in whole or in part, or may modify an application received from the commission. If it finds that a need for the improvements sought by the commission exists, it may contract to make available to the commission funds to be realized from the sale of state capital improvements bonds if it finds that the revenues for the preceding fiscal year, if multiplied by the number of years, which may not exceed twenty, contemplated by the suggested or revised maturity schedule for the repayment of the monies to be made available to the commission, result in the production of a sum equal to not less than one hundred twenty-five percent of the aggregate principal and interest requirement of all outstanding obligations and all obligations to be incurred by the commission.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Upon receiving the approval of the State Fiscal Accountability Authority or Department of Administration, as appropriate, the commission shall obligate itself to apply all monies derived from its revenues to the payment of the principal and interest of its outstanding obligations and those to be issued and to deliver to the board its obligations.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) Following the execution and delivery of its obligations, the commission shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the commission under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds.  (B) If the accumulation of revenues of the commission in the special fund exceeds the payment due or to become due during the then current fiscal year and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Fiscal Accountability Authority or the Department of Administration, as applicable, may permit the commission to withdraw the excess and apply it to improvements that have received the approval of the authority or department, as applicable, or to transfer the excess out of the special fund for contract awards to local disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 164, Part II, Section 3; 1993 Act No. 181, Section 1078; 1994 Act No. 497, Part II, Section 5; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The State of South Carolina recognizes that a person with intellectual disability, a related disability, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries by providing services to enable them to participate as valued members of their communities to the maximum extent practical and to live with their families or in family settings in the community in the least restrictive environment available.  When persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical.  In order to plan and coordinate state and locally funded services for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries, a statewide network of local boards of disabilities and special needs is established. Services will be delivered to clients in their homes or communities through these boards and other local providers.  It is recognized that persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities.  South Carolina recognizes the value of preventing intellectual disability, related disabilities, head injuries, and spinal cord injuries through education and research and supports efforts to this end.  The State recognizes the importance of the role of parents and families in shaping services for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries as well as the importance of providing services to families to enable them to care for a family member with these disabilities.  Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 There is created the South Carolina Commission on Disabilities and Special Needs. The commission consists of seven members. One member must be a resident of each congressional district appointed by the Governor upon the advice and consent of the Senate. They shall serve for four years and until their successors are appointed and qualify. Members of the commission are subject to removal by the Governor pursuant to the provisions of Section 1-3-240. A vacancy may be filled by the Governor for the unexpired portion of the term.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011; 2012 Act No. 222, Section 13, eff June 7, 2012.  Editor's Note  2012 Act No. 222, Section 15, provides as follows:  "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
 The commission shall determine the policy and promulgate regulations governing the operation of the department and the employment of professional staff and personnel. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission shall appoint and in its discretion remove a South Carolina Director of Disabilities and Special Needs who is the chief executive officer of the department. The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its responsibilities. The commission may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. The commission is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to intellectual disability, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the commission must consult with the advisory committee of the division for which the regulations shall apply.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Subject to the supervision, direction, and control of the commission, the director shall administer the policies and regulations established by the commission. The director may appoint and in his discretion remove all other officers and employees of the department subject to the approval of the commission.  HISTORY: 1990, Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 There is created the South Carolina Department of Disabilities and Special Needs which has authority over all of the state's services and programs for the treatment and training of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department must be comprised of an Intellectual Disability Division, an Autism Division, and a Head and Spinal Cord Injuries Division. The department may be divided into additional divisions as may be determined by the director and approved and named by the commission. Responsibility for all autistic services is transferred from the Department of Mental Health to the Department of Disabilities and Special Needs.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department shall coordinate services and programs with other state and local agencies for persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. The department may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental services. The department shall develop service standards for programs of the department and for programs for which the department may contract and shall review and evaluate these programs on a periodic basis.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the South Carolina Department of Disabilities and Special Needs as the successor agency to the South Carolina Department of Mental Retardation.  (B) The State Department of Administration shall cause to be executed and recorded an appropriate deed conveying the tract to the South Carolina Department of Disabilities and Special Needs.  (C) Proceeds of a subsequent sale of the tract that is the subject of this section may be retained by the South Carolina Department of Disabilities and Special Needs.  HISTORY: 2003 Act No. 29, Section 1, eff May 14, 2003; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of intellectual disability, related disabilities, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180.  HISTORY: 1990 Act No. 496, Section 1; 1992 Act No. 366, Section 2; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department is designated as the state's intellectual disability, related disabilities, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for intellectual disability programs, related disability programs, head injury programs, and spinal cord injury programs. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control or to the South Carolina Department of Vocational Rehabilitation or the administration of the "State Hospital Construction and Franchising Act".  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and may expend the grants under the terms and conditions of the award.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The director or his designee may employ at regional centers security guards who are vested and charged with the powers and the duties of peace officers. They may arrest felons and misdemeanants, eject trespassers, and, without warrant, arrest persons for disorderly conduct who are trespassers on the grounds of the regional center and have them tried in a court of competent jurisdiction. Officers so employed must be bonded and under the direct supervision of the South Carolina Law Enforcement Division and shall report directly to the director or his designee.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 As used in this chapter:  (1) "Applicant" means a person who is believed to have intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs.  (2) "Client" is a person who is determined by the Department of Disabilities and Special Needs to have intellectual disability, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.  (3) "Commission" means the South Carolina Commission on Disabilities and Special Needs, the policy-making and governing body of the Department of Disabilities and Special Needs.  (4) "County disabilities and special needs boards" means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and recognized by the department.  (5) "Day programs" are programs provided to persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department of Disabilities and Special Needs.  (6) "Department" means the South Carolina Department of Disabilities and Special Needs.  (7) "Director" means the South Carolina Director of the Department of Disabilities and Special Needs, the chief executive director appointed by the commission.  (8) "Disabilities and special needs services" are activities designed to achieve the results specified in an individual client's plan.  (9) "High risk infant" means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that for the general population.  (10) "Least restrictive environment" means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible.  (11) "Improvements" means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the department directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment.  (12) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.  (13) "Obligations" means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the commission pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Fiscal Accountability Authority.  (14) "Regional residential center" is a twenty-four hour residential facility serving a multicounty area and designated by the department.  (15) "Related disability" is a severe, chronic condition found to be closely related to intellectual disability or to require treatment similar to that required for persons with intellectual disability and must meet the following conditions:  (a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with intellectual disability and requires treatment or services similar to those required for these persons.  (b) It is manifested before twenty-two years of age.  (c) It is likely to continue indefinitely.  (d) It results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living.  (16) "Residential programs" are services providing dwelling places to clients for an extended period of time with assistance for activities of daily living ranging from constant to intermittent supervision as required by the individual client's needs.  (17) "Revenues" or "its revenues" means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients.  (18) "State capital improvement bonds" means bonds issued pursuant to Act 1377 of 1968.  (19) "Department" shall mean the State Department of Administration as constituted pursuant to Chapter 11, Title 1.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department may acquire motor vehicle liability insurance for employees operating department vehicles or private vehicles in connection with their official departmental duties to protect against liability.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the Department of Administration shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the department.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department for services rendered. The commission may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department they must remain and be used for that program only or to its successor program.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department for the construction of water, sewer, drainage, natural gas, telephone, telegraph, and electric power lines.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) A person, hospital, or other organization may provide information, interviews, reports, statements, written memoranda, documents, or other data related to the condition and treatment of a client or applicant to the department, and no liability for damages or other relief arises against the person, hospital, or organization for providing the information or material.  (B) All records pertaining to the identity of a person whose condition or treatment has been studied by the department are confidential and privileged information. However, upon the written request of the client, the client's or applicant's parent with legal custody, legal guardian, or spouse with the written permission of the client or applicant or under subpoena by a court of law, the department may furnish pertinent records in its possession to appropriate parties.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department or any other agency authorized by the department to offer services to clients is a just obligation of the person with intellectual disability, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section.  (B) The department or an agency authorized by the department to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the department's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the department initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The commission shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon its findings.  (C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the department for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The department with the approval of the commission may determine for which services it charges.  (D) The department shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the department information or evidence to be considered in establishing charges. The department may utilize legal procedures to collect lawful claims.  (E) The department may establish by regulation charges for other services it renders.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department shall assess and collect a fee on all Intermediate Care Facilities for the persons with intellectual disability, as defined in Section 44-7-130(19). Providers holding licenses on these facilities shall pay to the department a fee equal to eight dollars and fifty cents a patient day in these facilities. The department shall pay all proceeds from the fee into the general fund of the State.  HISTORY: 1993 Act No. 164, Part II, Section 17B; 1994 Act No. 497, Part II, Section 14; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent school districts in general.  (B) The commission operates as the board of trustees for these districts for administrative purposes, including the receipt and expenditure of funds granted to these districts for any purpose.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 No regional center of the department may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed.  HISTORY: 2000 Act No. 343, Section 1; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) The department shall:  (1) notify applicants when they have qualified under the provisions of this chapter;  (2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the department or through other fiscal resources under its control;  (3) review service plans submitted by county boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds;  (4) review county programs covered in this chapter;  (5) offer consultation and direction to county boards;  (6) take other action not inconsistent with the law to promote a high quality of services to persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and their families.  (B) The department shall seek to develop and utilize the most current and promising methods for the training of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The department shall disseminate these methods to county boards and programs providing related services.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) Before July 1, 1992, county boards of disabilities and special needs must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their powers and duties in compliance with state law and the process for appointing board members which existed on January 1, 1991, must be preserved in the ordinance. However, where the county legislative delegation or county council recommends board members to the appointing authority, the delegation may transfer its authority to recommend to the council or the council may transfer its authority to the delegation. If there is a transfer, preservation of the authority to recommend existing on January 1, 1991, is not required, and the new recommending authority must be contained in the ordinance.  (B) County boards of disabilities and special needs established before January 1, 1991, shall continue to exist, operate, and function as they existed on January 1, 1991, until created by ordinance pursuant to subsection (A).  (C) After June 30, 1992, the department shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A).  (D) A county board of disabilities and special needs is a public entity.  (E) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.  (F) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.  HISTORY: 1990 Act No. 496, Section 1; 1991 Act No. 32, Section 1; 1992 Act No. 381, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 A county board of disabilities and special needs established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total population of the counties served by the board. However, a county participating in a multicounty board must not have less than two members. The term of the members is four years and until their successors are appointed and qualify. Vacancies for unexpired terms must be filled in the same manner as the original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.  HISTORY: 1990 Act No. 496, Section 1; 1991 Act No. 32, Section 2; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and their families.  (B) County boards may apply to the department for funds for community services development under the terms and conditions as may be prescribed by the department. The department shall review the applications and, subject to state appropriations to the department or to other funds under the department's control, may fund the programs it considers in the best interest of service delivery to the citizens of the State with intellectual disability, related disabilities, head injuries, or spinal cord injuries.  (C) Subject to the approval of the department, county boards may seek state or federal funds administered by state agencies other than the department, funds from local governments or from private sources, or funds available from agencies of the federal government. The county boards may not apply directly to the General Assembly for funding or receive funds directly from the General Assembly.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Subject to the provisions of this chapter and the regulations of the department each county disabilities and special needs board:  (1) is the administrative, planning, coordinating, and service delivery body for county disabilities and special needs services funded in whole or in part by state appropriations to the department or funded from other sources under the department's control. It is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real and mortgage property and erect and maintain buildings. The department shall approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State. However, the department has no responsibility for the debt so approved;  (2) shall submit an annual plan and projected budget to the department for approval and consideration of funding;  (3) shall review and evaluate on at least an annual basis the county disabilities and special needs services provided pursuant to this chapter and report its findings and recommendations to the department;  (4) shall promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources;  (5) shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county intellectual disability, related disabilities, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department;  (6) shall plan, arrange, implement, and monitor working agreements with other human service agencies, public and private, and with other educational and judicial agencies;  (7) shall provide the department records, reports, and access to its sponsored services and facilities the department may require and submit its sponsored services and facilities to licensing requirements of the department or to the licensing requirements of other state or local agencies having this legal authority;  (8) shall represent the best interest of persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations.  HISTORY: 1991 Act No. 8, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) In order to provide assistance to families and individuals the department shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the department. If upon completion of the assessment, the applicant is determined to have intellectual disability, a related disability, head injury, or spinal cord injury and be in need of services, he may become a client of the department and eligible for services. A service plan must be designated for each person assessed. A person determined to have intellectual disability, a related disability, head injury, or spinal cord injury and who chooses to become a client of the department, must be provided with the delivery or coordination of services by the department. A person determined not to have intellectual disability, a related disability, head injury, or spinal cord injury may be provided by the department with referral and assistance in obtaining appropriate services or further evaluation.  (B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The department shall determine the "least restrictive environment" and may contract with individuals or organizations for a reasonable sum as determined by the department to provide the services. The department shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The department shall develop standards prescribing the service plan review.  (C) No individual believed to have intellectual disability, a related disability, head injury, or spinal cord injury may be admitted to the services of the department until he has been examined at a diagnostic center of the department or a diagnostic center approved by the department and certified by the department on the basis of acceptable data to have intellectual disability, a related disability, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's services.  (D) The applicant shall meet residency requirements in at least one of the following categories:  (1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina.  (2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the department's satisfaction his intent to return to South Carolina.  (3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with intellectual disability, a related disability, head injury, or spinal cord injury may be admitted to the services of the department for evaluation and diagnosis and shall remain in the residential services of the department for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental policies as regular admissions. The department may prescribe the form of the written application for diagnostic services.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 A person who is determined to be eligible for services is subject to the following considerations regarding his order of admission to services and programs:  (1) relative need of the person for special training, supervision, treatment, or care;  (2) availability of services suitable to the needs of the applicant.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The director or his designee may designate the service or program in which a client is placed. The appropriate services and programs must be determined by the evaluation and assessment of the needs, interests, and goals of the client.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The director or his designee has the final authority over applicant eligibility, determination, or services and admission order, subject to policies adopted by the commission.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Subject to the availability of suitable services and programs and subject to the provisions of "Requirement for Admission to Services", "Order in which Person May be Admitted", and "Final Authority over Eligibility", the director or his designee may admit a client to the services of the department upon the written request of the parents of the person with intellectual disability, a related disability, head injury, or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with intellectual disability, a related disability, head injury, or spinal cord injury seeking to be admitted to the department's services if the person is twenty-one years of age or over and competent to make the decision. The department shall prescribe the form of the application for services.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) Proceedings for the involuntary admission of a person with intellectual disability or a related disability to the services of the department may be initiated by the filing of a verified petition with the probate or the family court by:  (1) the spouse;  (2) a relative;  (3) the parents;  (4) a parent with legal custody;  (5) the legal guardian of the person;  (6) the person in charge of a public or private institution in which the individual is residing at the time;  (7) the director of the county department of social services of the county in which the person resides; or  (8) a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).  Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have intellectual disability or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have intellectual disability or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have intellectual disability or a related disability is found, the court shall appoint a guardian ad litem to represent the person alleged to have intellectual disability or a related disability, and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have intellectual disability or a related disability is found, he must be notified of the right to an attorney at the hearing.  (B) The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have intellectual disability or a related disability or at another place considered appropriate by the court. The person alleged to have intellectual disability or a related disability does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have intellectual disability or a related disability or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present.  (C) A report of the person in charge of the examination of the person alleged to have intellectual disability or a related disability at the diagnostic center referred to in "Requirement for Admission" must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced.  (D) If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have intellectual disability or a related disability to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition.  (E) If the person is found by the court to have intellectual disability or a related disability and be in need of placement in a facility or service program of the department, the court shall order that he be admitted to the jurisdiction of the department as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court.  (F) The department shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with intellectual disability or a related disability. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with intellectual disability or a related disability to a program the department designates.  (G) A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with intellectual disability or a related disability must be placed in protective custody in either a facility of the department or in some other suitable place designated by the court. No person with intellectual disability or a related disability must be confined in jail unless there is a criminal charge pending against him.  HISTORY: 1990 Act No. 496, Section 1; 1997 Act No. 52, Section 1; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) A person admitted or committed to the services of the department remains a client and is eligible for services until discharged. When the department determines that a client admitted to services is no longer in need of them, the director or his designee may discharge him. When the only basis of the department's provision of services to a client is that he is a person with intellectual disability or a related disability and it is determined that he is no longer in that condition, the director or his designee shall discharge him as soon as practical. A client of the department who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the director or his designee may prescribe.  (B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's services requests discharge in writing, the client may be detained by the department for no more than ninety-six hours. However, if the condition of the person is considered by the director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the Probate Court or Family Court of the county in which the facility where the person with intellectual disability or a related disability resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with intellectual disability or a related disability placed in protective custody in either a facility of the department or in some other suitable place designated by the court.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) The department may return a nonresident person with intellectual disability or a related disability admitted to a service or program in this State to the proper agency of the state of his residence.  (B) The department is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with intellectual disability or a related disability in this State or other states.  (C) The department may detain a person with intellectual disability or a related disability returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State.  (D) The expense of returning persons with intellectual disability or a related disability to other states must be paid by this State, and the expense of returning residents of this State with intellectual disability or a related disability must be paid by the state making the return when interstate agreements to that effect have been negotiated.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 When the department determines that the welfare of a client would be facilitated by his placement out of the home, the client must be evaluated by the department, and the least restrictive level of care possible for the client must be recommended and provided when available. The department shall determine which levels of care are more restrictive and is responsible for providing a range of placements offering various levels of supervision. The department may pay an individual or organization furnishing residential alternatives to clients under this section a reasonable sum for services rendered, as determined by the department.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) When the department determines that a client may benefit from being placed in an employment situation, the department shall regulate the terms and conditions of employment, shall supervise persons with intellectual disability, a related disability, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served.  (B) The department may operate sheltered employment and training programs at its various facilities and in communities and may pay clients employed in these settings from earnings of the program or from other funds available for this purpose.  (C) Clients who receive job training and employment services from the department must be compensated in accordance with applicable state and federal laws and regulations.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 When a client is absent from a facility or program and there is probable cause the client may be in danger, the director or his designee may issue an order of confinement for the client. This order, when endorsed by the judge of the probate, family, or Circuit Court of the county in which the client is present or residing, authorizes a peace officer to take the client into custody for not more than twenty-four hours and to return him or cause him to be returned to the place designated by the director or his designee.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Placement of a person with intellectual disability, a related disability, head injury, or spinal cord injury in a program of the department does not preclude his attendance in community-based public school classes when the individual qualifies for the classes.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 No day program in part or in full for the care, training, or treatment of a person with intellectual disability, a related disability, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department. For the purpose of this article "in part" means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department shall establish minimum standards of operation and license programs provided for in "Facilities and Programs must be Licensed".  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 In determining whether a license may be issued, the department shall consider if the program for which the license is applied conforms with the local and state service plans and if the proposed location conforms to use.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 No day program may accept a person with intellectual disability, a related disability, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department in a form and under conditions the department may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department shall make day program inspections as it may prescribe by regulation. The day programs subject to this article may be visited and inspected by the director or his designees no less than annually and before the issuance of a license. Upon request, each program shall file with the department a copy of its bylaws, regulations, and rates of charges. The records of each licensed program are open to the inspection of the director or his designees.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 Information received by the department through licensing inspections or as otherwise authorized may be disclosed publicly upon written request to the department. The reports may not identify individuals receiving services from the department.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The department shall deny, suspend, or revoke a license on any of the following grounds:  (1) failure to establish or maintain proper standards of care and service as prescribed by the department;  (2) conduct or practices detrimental to the health or safety of residents or employees of the day program. This item does not apply to healing practices authorized by law;  (3) violation of the provisions of this article or regulations promulgated under it.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) The department shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the department determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant.  (B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with intellectual disability, a related disability, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in "Injunctions; Penalties".  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 The procedures governing hearings authorized by "Notice of Deficiencies .." must be in accordance with regulations promulgated by the department. The director may appoint a review team, including consumers, to assist in the collection of information pertinent to the hearing.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 An applicant or licensee who is dissatisfied with the decision of the department as a result of the hearing provided for by "Procedures Governing Disciplinary Hearings .." may appeal to a South Carolina administrative law judge as provided in Article 5, Chapter 23, Title 1.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with intellectual disability, a related disability, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge.  (B) A person violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and two thousand dollars for a subsequent offense. Each day the day program operates after a first conviction is considered a subsequent offense.  HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
 (A) It is the intent of the General Assembly that individuals with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles. One way to do this is to recognize that families are the greatest resource available to individuals with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities and that families must be supported in their role as primary caregivers. The General Assembly finds that supporting individuals and families in their effort to care for themselves or their family members at home is more efficient, cost-effective, and sensitive than maintaining people with intellectual disability or related disabilities in out-of-home residential settings.  (B) The intent of the Family Support Services Program provided for in this chapter is to assist individuals with disabilities and their families who desire or choose to support a family member with intellectual disability or a related disability or head injury, spinal cord injury, or similar disability in their home. The program is not meant to create a hardship on a family by supplanting or diverting access from other appropriate or necessary services. It is recognized that persons with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities. It is the position of this State that children and adults have the right to live with their families. The individual's and family's circumstances and desires must be taken into account when considering the appropriate types of services or supports which can best meet the needs of the individual and family.  (C) In recognition of the importance of families, the following principles must be used as guidelines in developing services to support families:  (1) Families and individuals with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities are best able to determine their own needs and should be able to make decisions concerning necessary, desirable, and appropriate services.  (2) Individuals and families should receive the support necessary to care for themselves or their family member at home.  (3) Family support is needed throughout the lifespan of an individual with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities.  (4) Family support services should be sensitive to the unique needs, strengths, and values of the individuals and the family and should be responsive to the needs of the entire family.  (5) Family support should build on existing social networks and natural sources of support and should encourage community integration.  (6) Family support services should be provided in a manner that develop comprehensive, responsive, and flexible support to individuals and families as their needs evolve over time.  (7) Family support services should be coordinated across the numerous agencies likely to provide resources and services to individuals and families and should be provided equitably across the State.  (8) Family, individual, and community-based services should be based on the principles of sharing ordinary places, developing meaningful relationships, learning things that are useful, making choices, as well as promoting an individual's self-esteem.  (9) Family support services should be sufficient to enable families to keep their family members with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities at home or be sufficient to enable the individual with a disability to remain at home.  (10) Services provided through the Family Support Program must be coordinated closely with services received from public and other agencies and shall foster collaboration and cooperation with all agencies providing services to individuals with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities.  (D) The General Assembly recognizes that the South Carolina Department of Disabilities and Special Needs for several years has developed and maintained a family support program that provides support services to some families with members with intellectual disability. The success of this program demonstrates the need and value of family support services. More families in the State should be able to receive appropriate services and assistance needed to stabilize the family unit.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 As used in this chapter:  (1) "Department" means the Department of Disabilities and Special Needs.  (2) "Family support" means goods and services needed by individuals or families to care for themselves or their family members with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities and to enjoy a quality of life comparable to other community members.  (3) "Family Support Program" means a coordinated system of family support services administered by the department directly or through contracts with private nonprofit or governmental agencies across the State, or both.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 The department may contract with or make grants to agencies or individuals to provide for a Family Support Program in accordance with this chapter. Services and supports developed must be flexible to address individual and family needs.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 The focus of the Family Support Program is supporting:  (1) families with children with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities, twenty-one years of age and younger;  (2) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who choose to live with their families;  (3) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who are residing in the community in an unsupported setting, not a state or federally funded program.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 The contracted agency shall assist each individual or family for whom services will be provided in assessing its needs and shall prepare a written plan with the person and family. The needs and preferences of the individual and family will be the basis for determining what goods and services will be provided within the resources available.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 The services in the Family Support Program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services such as:  (1) respite care;  (2) personal assistance services;  (3) child care;  (4) homemaker services;  (5) minor home and work site modifications and vehicular modifications;  (6) specialized equipment and maintenance and repair;  (7) specialized nutrition and clothing and supplies;  (8) transportation services;  (9) health-related costs not otherwise covered;  (10) licensed nursing and nurses' aid services;  (11) family counseling, training, and support groups;  (12) financial assistance;  (13) emergency services;  (14) recreation and leisure needs.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 Implementation of this chapter and the Family Support Program is contingent upon annual appropriation of sufficient funding for the program and benefits. This chapter does not establish or authorize creation of an entitlement program or benefit.  HISTORY: 1993 Act No. 38, Section 1; 1994 Act No. 344, Section 2; 2011 Act No. 47, Section 3, eff June 7, 2011.
 (A) The Medical University of South Carolina, the Prisma Health-University of South Carolina Medical Group, and the Prisma Health-University Medical Group are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers providing comprehensive developmental assessment and treatment services for children with developmental disabilities, significant developmental delays, or behavioral or learning disorders.  (B) As developmental evaluation centers, the above named institutions shall provide a seamless continuum of developmental services, including medically necessary diagnostic and treatment services for the purpose of correcting or ameliorating physical or mental illnesses and conditions which, left untreated, would negatively impact the health and quality of life of South Carolina's children. Further, these centers shall work collectively with the teaching, training, and research entities of each institution, extending the state's efforts to prepare professionals to work in the field of developmental medicine, while lending expertise to the research efforts in this field.  (C) The developmental evaluation centers shall be involved in research, planning, and needs assessment of issues related to developmental disabilities and shall be committed to develop a regionalized system of community-based, family-centered care for children with developmental and behavioral disabilities. In so doing, the centers shall serve as primary points of entry for developmental evaluation services and as regional coordinators for the delivery of the services and are encouraged to affiliate with other providers thus enhancing the availability of high quality services for the children of South Carolina.  HISTORY: 1996 Act No. 458, Part II, Section 86; 2011 Act No. 47, Section 3, eff June 7, 2011; 2021 Act No. 49 (S.431), Section 1, eff May 17, 2021.  Effect of Amendment  2021 Act No. 49, Section 1, in (A), substituted "Medical University of South Carolina, the Prisma Health-University of South Carolina Medical Group, and the Prisma Health-University Medical Group" for "Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System,".  
 As used in this chapter:  (1) "Authorized health care provider" means advanced practice registered nurses and physician assistants licensed in South Carolina and authorized to provide specific treatments, care, or services pursuant to their respective practice acts in Title 40.  (2) "Director" means the Director of the Department of Mental Health.  (3) "Court" means probate court.  (4) "Department" means the State Department of Mental Health.  (5) "Facility" means a residential program operated by the department.  (6) "Independent examination" means an examination of a patient by a qualified employee of the department.  (7) "Individual plan of treatment" means a plan written by a multi-disciplinary team setting forth measurable goals and objectives in prescribing an integrated program of individual designed activities or therapies necessary to achieve the goals and objectives.  (8) "Major medical treatment" means a medical, surgical, or diagnostic intervention or procedure where a general anesthetic is used or which involves significant invasions of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include a routine diagnosis or treatment such as the administration of medications or nutrition or the extraction of bodily fluids for analysis, dental care performed with local anesthetic, procedures which are provided under emergency circumstances, or the withdrawal or discontinuance of medical treatment which is sustaining life functions.  (9) "Mental disability" means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable, which reasonably is expected to limit the person's functional ability.  (10) "Multi-disciplinary team" means persons drawn from or representing the professional disciplines or service areas included in the treatment plan.  (11) "Patient" means an individual undergoing treatment in the department; however, the term does not include a person committed to the department pursuant to Chapter 48 of Title 44.  (12) "Patient unable to consent" means a patient unable to appreciate the nature and implications of his condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include a person under eighteen years of age, and this chapter does not affect the delivery of health care to that person unless he is married or has been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for his care if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to his health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration.  (13) "Reasonably available" means that a person to be contacted may be contacted with diligent efforts by the attending physician or another person acting on behalf of the attending physician.  (14) "Treatment" means the attempted correction or facilitation of a mental illness or alcohol and drug abuse.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 1; 1993 Act No. 181, Section 1079; 1998 Act No. 321, Section 5; 2015 Act No. 32 (S.474), Section 1, eff June 1, 2015.
 (A) Certificates, applications, records, and reports made for the purpose of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52, and directly or indirectly identifying a mentally ill or alcohol and drug abuse patient or former patient or individual whose commitment has been sought, must be kept confidential, and must not be disclosed unless:  (1) the individual identified or the individual's guardian consents;  (2) a court directs that disclosure is necessary for the conduct of proceedings before the court and that failure to make the disclosure is contrary to public interest;  (3) disclosure is required for research conducted or authorized by the department or the Department of Alcohol and Other Drug Abuse Services and with the patient's consent;  (4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state or federal agencies, or when furthering the welfare of the patient or the patient's family;  (5) disclosure to a court of competent jurisdiction is necessary for the limited purpose of providing a court order to SLED in order to submit information to the federal National Instant Criminal Background Check System (NICS), established pursuant to the Brady Handgun Violence Prevention Act of 1993, Pub.L. 103-159, and in accordance with Article 10, Chapter 31, Title 23; or  (6) disclosure is necessary to carry out the provisions of this chapter or Chapter 9, Chapter 11, Chapter 13, Chapter 15, Chapter 17, Chapter 20, Chapter 23, Chapter 24, Chapter 25, Chapter 27, or Chapter 52.  (B) Nothing in this section:  (1) precludes disclosure, upon proper inquiry, of information as to a patient's current medical condition to members of the patient's family, or the Governor's Office of Ombudsman; or  (2) requires the release of records of which disclosure is prohibited or regulated by federal law.  (C) A person who violates this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 4; 1993 Act No. 181, Section 1081; 2013 Act No. 22, Section 2, eff August 1, 2013.  Editor's Note  2013 Act No. 22, Section 3, provides as follows:  "SECTION 3. A court required to submit information to SLED pursuant to this act concerning individuals who have been adjudicated as a mental defective or who have been committed to a mental institution shall, from the effective date of this act forward, submit information by court order within five days from the filing of each order and in accordance with procedures developed as required by this act and have one year from this act's effective date to submit retroactive information by court order on such individuals going back a minimum of ten years or, if records are not available as far back as ten years, as far back as records exist."
 (A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff.  (B) Patients or guardians of patients may be refused access to:  (1) information in medical records provided by a third party under assurance that the information remains confidential;  (2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information.  (C) Patients and guardians denied access to medical records may appeal the refusal to the Director of the Department of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal.  HISTORY: 1991 Act No. 127, Section 1; 1993 Act No. 181, Section 1082.
 (A) Except to the extent the director of the facility determines it is required by the medical needs or safety of the patient to impose restrictions, a patient may:  (1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, and envelopes must be provided. Reasonable access to telephones including funds or means in which to use telephones must be provided. The head of a residential program determines what constitutes reasonable access;  (2) receive visitors including unrestricted visits by legal counsel, private physicians, or members of the clergy or an advocate of the South Carolina Protection and Advocacy System for the Handicapped, Inc., if the visits take place at reasonable hours or by appointment, or both. Each facility must have a designated area where patients and visitors may speak privately if they desire;  (3) wear his own clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his own money, and keep and use his own personal possessions including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental health professional to be dangerous or otherwise inappropriate to the treatment regimen. If clothing is provided by the facility, patients may select from neat, clean, seasonal clothing that allows the patient to appear normal in the community. To the extent staff determines a patient is able and willing to care for and maintain the patient's own clothing, the patient must be assisted in maintaining this clothing during the patient's stay in the facility;  (4) have access to secure individual storage space for his private use. Personal property of a patient brought into the hospital and placed in storage by the hospital must be inventoried. Receipts must be given to the patient and at least one other interested person. The personal property may be reclaimed only by the patient, his spouse, or his parent or guardian as long as he is living unless otherwise ordered by the court. If property belonging to a patient is not reclaimed within ninety days following the patient's discharge or death, the property may be utilized by the department for the benefit of other patients or programs ten days after written notice is sent to the individual or the individual's family at the last known address;  (5) follow religious practices. Religious practices may be prohibited by the facility director if they lead to physical harm to the patient or to others, harassment of other patients, or damage to property.  (B) All limitations imposed by the director of a residential program on the exercise of these rights by the patient and the reasons for the limitations must be made part of the clinical record of the patient. These limitations are valid for no more than thirty days.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Sections 5, 6.
 Patients involuntarily committed to a facility may have a physical examination to rule out physical conditions which may mimic mental illness.  HISTORY: 1991 Act No. 127, Section 1.
 (A) The attending physician, the physician on call, or the authorized health care provider, is responsible for and shall authorize medications and treatment given or administered to a patient. The physician's or authorized health care provider's authorization and the medical reasons for it must be entered into the patient's clinical record. The authorization is not valid for more than ninety days. Medication must not be used as punishment, for the convenience of staff, or as a substitute to or in quantities that interfere with the patient's treatment program. The patient or his legal guardian may refuse treatment not recognized as standard psychiatric treatment. He may refuse electro-convulsive therapy, aversive reinforcement conditioning, or other unusual or hazardous treatment procedures. If the attending physician or the physician on call decides electro-convulsive therapy is necessary and a statement of the reasons for electro-convulsive therapy is entered in the treatment record of a patient who is considered unable to consent pursuant to Section 44-22-10, permission for the treatment may be given in writing by the persons in order of priority specified in Section 44-22-40(A)(1-10).  (B) Competent patients may not receive treatment or medication in the absence of their express and informed consent in writing except treatment:  (1) during an emergency situation if the treatment is pursuant to or documented contemporaneously by written order of a physician or authorized health care provider; or  (2) as permitted under applicable law for a person committed by a court to a treatment program or facility.  HISTORY: 1991 Act No. 127, Section 1; 2015 Act No. 32 (S.474), Section 3, eff June 1, 2015; 2022 Act No. 192 (H.4600), Section 2, eff May 16, 2022.  Effect of Amendment  2022 Act No. 192, Section 2, in (A), substituted "electro-convulsive" for "electroconvulsive" in three places, and in the seventh sentence, substituted "Section 44-22-10" for "Section 44-22-10(13)" and "Section 44-22-40(A)(1-10)" for "Section 44-22-40(A)(1-8)".
 (A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment.  (B) Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward.  (C) "Restraint" shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 7; 2000 Act No. 253, Section 9.
 (A) Each patient may refuse nontherapeutic employment within the facility. The department shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act.  (B) Personal living skills or household tasks not involving maintenance of the facility are not considered employment and are uncompensated.  HISTORY: 1991 Act No. 127, Section 1.
 (A) The State Department of Education shall ensure that each school-aged resident of a state-owned, operated, or another designated facility shall receive an appropriate education geared toward the unique capabilities of that person.  (B) If a school-aged resident is unable to assemble in a public school setting, the Department of Education shall implement the appropriate course of instruction.  HISTORY: 1991 Act No. 127, Section 1.
 Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.  HISTORY: 1991 Act No. 127, Section 1, eff June 5, 1991.
 The employment division of the South Carolina Department of Employment and Workforce and the Department of Vocational Rehabilitation shall work with the department in a coordinated effort to find employment for mentally disabled citizens. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the employment division and the Department of Vocational Rehabilitation.  HISTORY: 1991 Act No. 127, Section 1.
 Patients have the right to the writ of habeas corpus.  HISTORY: 1991 Act No. 127, Section 1.
 The head of a treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the goals and objectives of the individualized treatment plan. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.  HISTORY: 1991 Act No. 127, Section 1.
 (A) The head of a treatment facility or unit may permit the patient to leave the facility on a temporary leave of absence for no longer than ninety days.  (B) The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions on the patient while he is absent from the facility as are proper and in the best interest of the patient and public welfare.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 8.
 (A) The department shall develop a system for documenting and addressing grievances concerning patient rights. Grievances concerning patient rights must be reviewed by the department and a determination made concerning whether or not corrective action is warranted. A copy of the written grievance must be forwarded to the Client Advocacy Program and Protection and Advocacy for People with Disabilities.  (B) The department shall develop procedures with time lines to process the grievances in a timely manner. The procedures must be made known to patients.  (C) A person who wilfully causes, or conspires with or assists another to cause, the denial to a patient of rights accorded to the patient under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, either upon actual knowledge or information thought to be reliable, is immune from criminal liability under the provisions of this subsection.  HISTORY: 1991 Act No. 127, Section 1; 2008 Act No. 266, Section 6, eff June 4, 2008.  
 Persons suffering from mental illness or chemical dependency have the right to be represented by counsel when involuntarily committed to the department pursuant to Sections 44-17-530 and 44-52-110.  HISTORY: 1991 Act No. 127, Section 1.
 (A) A patient in need of electro-convulsive therapy or major medical treatment must be examined by a qualified physician to determine if the patient is able to consent to electro-convulsive therapy or major medical treatment. Where a patient is determined unable to consent to surgery or electro-convulsive therapy or major medical therapy or treatment, decisions concerning the need for treatment may be made by the following persons in the following order of priority:  (1) a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;  (2) an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;  (3) a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:  (a) entry of a pendente lite order in a divorce or separate maintenance action;  (b) formal signing of a written property or marital settlement agreement; or  (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;  (4) an adult child of the patient, or if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation;  (5) a parent of the patient;  (6) an adult sibling of the patient, or if the patient has more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation;  (7) a grandparent of the patient, or if the patient has more than one grandparent, a majority of the grandparents who are reasonably available for consultation;  (8) any other adult relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient, or if the patient has more than one other adult relative, a majority of those other adult relatives who are reasonably available for consultation;  (9) a person given authority to make health care decisions for the patient by another statutory provision;  (10) if, after good faith efforts, the hospital or other health care facility determines that the persons listed in items (1) through (9) are unavailable to consent on behalf of the patient, a person who has an established relationship with the patient, who is acting in good faith on behalf of the patient, and who can reliably convey the patient's wishes but who is not a paid caregiver or a provider of health care services to the patient. For the purposes of this item, a person with an established relationship is an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The person with an established relationship shall sign and date a notarized acknowledgement form, provided by the hospital or other health care facility in which the patient is located, for placement in the patient's records, setting forth the nature and length of the relationship and certifying that he meets such criteria. Along with the notarized acknowledgment form, the hospital or other health care facility shall include in the patient's medical record documentation of its effort to locate persons with higher priority under this statute as required by subsection (B).  (B) Documentation of efforts to locate a decision maker who is a person identified in subsection (A) must be recorded in the patient's medical record.  (C) If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or another person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.  (D) Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is a patient unable to consent as defined in Section 44-22-10.  (E) An attending physician or other health care professional responsible for the care of a patient who is unable to consent may not give priority or authority under subsection (A)(4) through (10) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.  (F) This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.  (G) This section does not affect the application of the Adult Health Care Consent Act, Chapter 66, Title 44, to a patient in need of health care.  HISTORY: 1991 Act No. 127, Section 1; 2022 Act No. 192 (H.4600), Section 1, eff May 16, 2022.  Effect of Amendment  2022 Act No. 192, Section 1, rewrote the section.
 (A) A patient receiving services for mental illness or alcohol and drug abuse shall receive care and treatment that is suited to his needs and which is the least restrictive appropriate care and treatment. The care and treatment must be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.  (B) Persons who operate facilities of the department shall ensure that restrictions on a residential patient's liberty are confined to those minimally necessary to establish the therapeutic objectives for the patient. The department and the Department of Alcohol and Other Drug Abuse Services shall make every effort to ensure that no patient is admitted to a facility unless a prior determination has been made that residence in the facility is the least restrictive setting feasible for the patient.  (C) In cases of emergency admissions, when the least restrictive setting is not available, patients must be admitted to the nearest appropriate facility until the patient may be moved to the least restrictive setting.  (D) No patient may remain at a level of care that is more expensive and restrictive than is warranted to meet his needs when the appropriate setting is available.  (E) Patients have a right to the least restrictive conditions necessary to achieve the purposes of treatment. The facility shall make every attempt to move residents from:  (1) more to less structured living;  (2) larger to smaller facilities;  (3) larger to smaller living units;  (4) group to individual residences;  (5) segregated from the community to integrated into the community living;  (6) dependent to independent living.  HISTORY: 1991 Act No. 127, Section 1; 1993 Act No. 181, Section 1080.
 (A) Before or when admitted to a facility, a patient or his guardian or parent must be provided with an explanation, in terms and language appropriate to the person's ability to understand, of the rights of the patient while under the care of the facility.  (B) Within six hours of admission a patient must be examined by a physician or authorized health care provider. Within fourteen days of admission, a patient or his parent or guardian must be provided with a written individualized plan of treatment formulated by a multidisciplinary team and the patient's attending physician. Each patient or his parent or guardian shall participate in an appropriate manner in the planning of services. An interim treatment program based on the preadmission evaluation of the patient must be implemented promptly upon admission. An individualized treatment plan must contain:  (1) a statement of the nature and degree of the patient's mental illness or chemical dependency and his needs;  (2) if a physical examination has been conducted, the patient's physical condition;  (3) a description of intermediate and long-range treatment goals and, if possible, future available services;  (4) criteria for release to a less restrictive environment, including criteria for discharge and a description of services that may be needed after discharge;  (5) a statement as to whether or not the patient may be permitted outdoors on a daily basis and, if not, the reasons why. Treatment plans must be updated upon periodic review as provided in Section 44-22-70.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 2; 2015 Act No. 32 (S.474), Section 2, eff June 1, 2015.
 (A) The individualized plan of treatment must be reviewed every thirty days by the multi-disciplinary team during the first two months of inpatient treatment. After two months of inpatient treatment, the plan must be reviewed every sixty days, except in long-term nursing care facilities the plan must be reviewed every ninety days. This section does not prohibit review of the plan on a more frequent basis.  (B) After review by the attending physician or multi-disciplinary team, if the results of the examination determine the conditions justifying confinement no longer exist, a notice of intent to discharge must be made immediately to the probate judge having jurisdiction. Notice must be given before discharge to a person who has made a written request to be notified.  (C) For patients committed after a hearing by the probate court for the involuntary inpatient treatment for mental illness or chemical dependency, an appropriate and comprehensive discharge plan must be developed. Planning for a patient's discharge must begin within seventy-two hours of admission, must include input from the patient, and must address community treatment, financial resources, and housing. The facility and community treatment staff must be involved in developing the discharge plan. Representatives of all entities which provide services pursuant to the plan must be consulted and informed about the plan. Based on available resources, the department shall make every effort to implement the discharge plan when the patient, in the opinion of the multi-disciplinary team, is ready for discharge.  HISTORY: 1991 Act No. 127, Section 1; 1992 Act No. 279, Section 3; 1992 Act No. 324, Section 1.
 Unless a patient has been adjudicated incompetent, no patient may be denied the right to:  (1) dispose of property, real and personal;  (2) execute instruments;  (3) make purchases;  (4) enter into contractual relationships;  (5) hold a driver's license;  (6) marry or divorce;  (7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with department facilities reasonably shall assist patients who express a desire to vote to:  (a) obtain voter registration forms, applications for absentee ballots, and absentee ballots;  (b) comply with other requirements which are prerequisite for voting;  (c) vote by absentee ballot if necessary.  HISTORY: 1991 Act No. 127, Section 1.
 (A) Communications between patients and mental health professionals including general physicians, psychiatrists, psychologists, psychotherapists, nurses, social workers, or other staff members employed in a patient therapist capacity or employees under supervision of them are considered privileged. The patient may refuse to disclose and may prevent a witness from disclosing privileged information except as follows:  (1) communications between facility staff so long as the information is provided on a "need-to-know" basis;  (2) in involuntary commitment proceedings, when a patient is diagnosed by a qualified professional as in need of commitment to a mental health facility for care of the patient's mental illness;  (3) in an emergency where information about the patient is needed to prevent the patient from causing harm to himself or others;  (4) information related through the course of a court-ordered psychiatric examination if the information is admissible only on issues involving the patient's mental condition;  (5) in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when the condition is introduced by a party claiming or defending through or as a beneficiary of the patient, and the court finds that it is more important to the interests of justice that the communication be disclosed than the relationship between the patient and psychiatrist be protected;  (6) when a competent patient gives consent or the guardian of a patient adjudicated as incompetent gives consent for disclosure;  (7) as otherwise authorized or permitted to be disclosed by statute.  (B) This does not preclude disclosure of information to the Governor's ombudsman office or to the South Carolina Protection and Advocacy System for the Handicapped, Inc.  HISTORY: 1991 Act No. 127, Section 1.
 When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7, and 9 of Chapter 17, Chapter 24, Chapter 27, Chapter 48, and Chapter 52, unless the context clearly indicates a different meaning:  (1) "Attending physician" means the staff physician charged with primary responsibility for the treatment of a patient.  (2) "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.  (3) "Department" means the South Carolina Department of Mental Health.  (4) "Designated examiner" means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses.  (5) "Director" means the Director of the South Carolina Department of Mental Health.  (6) "Discharge" means an absolute release or dismissal from an institution or a hospital.  (7) "Gravely disabled" means a person who, due to mental illness, lacks sufficient insight or capacity to make responsible decisions with respect to his treatment and because of this condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury, or otherwise.  (8) "Guardian" or "legal guardian" means a person who legally has the care and management of the person of one who is not sui juris.  (9) "Hospital" means a public or private hospital.  (10) "Interested person" means a parent, guardian, spouse, adult next of kin, or nearest friend.  (11) "Leave of absence" means a qualified release from an institution or a hospital.  (12) "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 official duties.  (13) "Likelihood of serious harm" means because of mental illness there is:  (a) 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;  (b) 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  (c) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that the person is gravely disabled and that reasonable provision for the person's protection is not available in the community.  (14) "Mental health clinic" means an institution, or part of an institution, maintained by the department for the treatment and care on an outpatient basis.  (15) "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.  (16) "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 official duties in that state.  (17) "Observation" means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition.  (18) "Officer of the peace" means any state, county, or city police officer, officer of the State Highway Patrol, sheriff, or deputy sheriff.  (19) "Parent" means natural parent, adoptive parent, stepparent, or person with legal custody.  (20) "Patient" means a 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, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought.  (21) "Person with a mental illness" means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization.  (22) "Person with intellectual disability" means a person, other than a person with a mental illness primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for the person's benefit, or that of the public, special training, education, supervision, treatment, care, or control in the person's home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs.  (23) "Restoration treatment" means treatment provided to a person who has been determined unfit to stand trial but likely to become fit in the foreseeable future, and which has as part of its goals assisting the person to gain the capacity to understand the proceedings against him and to assist in his own defense.  (24) "State hospital" means a hospital, or part of a hospital, equipped to provide inpatient care and treatment and maintained by the department.  (25) "State mental health facility" or "facility" means any hospital, clinic, or other institution maintained by the department.  (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 from such hospitals and institutions and of time spent in service in any of the Armed Forces of the United States; the residence of a person must be determined by the actual physical presence, not by the expressed intent of the person.  (27) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling.  HISTORY: 1962 Code Section 32-911; 1952 (47) 2042; 1954 (48) 1732; 1958 (50) 1634; 1960 (51) 1701, 1944; 1961 (52) 110, 550; 1965 (54) 570; 1966 (54) 2259; 1969 (56) 653; 1974 (58) 2642; 1977 Act No. 99 Section 1; 1986 Act No. 539, Section 3(1)(G); 1993 Act No. 181, Section 1083; 2008 Act No. 266, Section 7, eff June 4, 2008; 2011 Act No. 47, Section 4, eff June 7, 2011; 2016 Act No. 225 (H.3952), Section 1, eff June 3, 2016; 2022 Act No. 145 (H.3773), Section 1, eff April 25, 2022.  Effect of Amendment  2022 Act No. 145, Section 1, inserted (23), relating to the definition of "restoration treatment" and redesignated former (23) to (26) as (24) to (27).
 No patient or prisoner under the jurisdiction of the South Carolina Department of Mental Health is allowed access to alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. Any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to furnish these items to patients or prisoners of the department is guilty:  (1) in the case of alcoholic beverages or controlled substances, of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars or imprisonment for not less than thirty days nor more than ten years, or both; and  (2) in the case of firearms or dangerous weapons, of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both.  HISTORY: 1962 Code Section 32-1000.1; 1974 (58) 2642; 1984 Act No. 426, Section 1; 1988 Act No. 311, Section 1.
 Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.  HISTORY: 1962 Code Section 32-1023; 1952 (47) 2042; 1958 (50) 1634; 2000 Act No. 253, Section 10.
 The Department of Mental Health shall establish the charges for maintenance and medical care for patients, other than beneficiary, of State mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the Department of Mental Health considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.  HISTORY: 1962 Code Section 32-1026; 1952 Code Section 32-954; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042.
 Upon the death of a person who is or has been a patient or trainee of a State mental health facility the executor or administrator and the judge of probate shall notify the Department of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.  HISTORY: 1962 Code Section 32-1027; 1952 Code Section 32-975; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
 The Department of Mental Health shall make investigations and ascertain which of the patients or trainees of State mental health facilities or which of the parents, guardians, trustees, committees or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Department of Mental Health may require any county or State agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid the Department of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost.  HISTORY: 1962 Code Section 32-1028; 1952 Code Section 32-974; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
 There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training or treatment. The Department of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead.  HISTORY: 1962 Code Section 32-1029; 1952 (47) 2042; 1953 (48) 504; 1954 (48) 1732; 1956 (49) 1604; 1997 Act No. 34, Section 1.
 (A) As used in this section:  (1) "Actor" means an employee, volunteer, agent, or contractor of a public entity that has statutory or contractual responsibility for inmates or patients confined in a prison, jail, or mental health facility. Actor includes individuals who supervise inmate labor details outside of an institution or who have supervisory responsibility for offenders on parole, probation, or other community supervision programs.  (2) "Victim" means an inmate or patient who is confined in or lawfully or unlawfully absent from a prison, jail, or mental health facility, or who is an offender on parole, probation, or other community supervision programs. A victim is not capable of providing consent for sexual intercourse or sexual contact with an actor.  (B) An actor is guilty of sexual misconduct when the actor, knowing that the victim is an inmate, offender, or patient voluntarily engages with the victim in an act of sexual intercourse, whether vaginal, oral, or anal, or other sexual contact for the purpose of sexual gratification.  (C)(1) When the sexual misconduct involves an act of sexual intercourse, whether vaginal, oral, or anal, the actor is guilty of the felony of sexual misconduct, first degree and, upon conviction, must be imprisoned for not more than ten years.  (2) When the sexual misconduct does not involve sexual intercourse but involves other sexual contact which is engaged in for sexual gratification, the actor is guilty of the felony of sexual misconduct, second degree and, upon conviction, must be imprisoned for not more than five years. The term sexual contact, as used in this subsection, refers to an intrusion of any part of a person's body or of any object into the "intimate parts", as defined in Section 16-3-651(d), of another person's body, or to the fondling of the "intimate parts" of another person's body, which is done in a manner not required by professional duties, but instead is done to demonstrate affection, sexually stimulate that person or another person, or harass that person.  (D) A person who knowingly or wilfully submits inaccurate or untruthful information concerning sexual misconduct as defined in this section is guilty of the misdemeanor of falsely reporting sexual misconduct and, upon conviction, must be imprisoned for not more than one year.  (E) A person who has knowledge of sexual misconduct who has received information in the person's professional capacity and fails to report it to the appropriate law enforcement authority, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more then five hundred dollars or imprisoned for not more than six months, or both.  HISTORY: 1962 Code Section 32-1030; 1952 (47) 2042; 1960 (51) 1602; 1993 Act No. 184, Section 71; 1997 Act No. 136, Section 9; 2001 Act No. 68, Section 1, eff July 11, 2001.  Editor's Note  2001 Act No. 68, Section 2, provides, in pertinent part, as follows:  "A person arrested, charged, or indicted under the provision of law amended by this act must be tried and sentenced as provided by the law in force at the time of the commission of the offense."
 The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying to Whitten Center.  HISTORY: 1962 Code Section 32-912; 1957 (50) 248; 1979 Act No. 60 Section 1.
 A person confined in a state institution or a person confined in a state or private mental health or intellectual disability facility may be transferred to another mental health or intellectual disability facility if:  (1) the director of a state institution not under the jurisdiction of the Department of Mental Health requests the admission of a person confined there to a state mental health facility if the person is suspected of having a mental illness. If after full examination by two designated examiners, one of whom must be a licensed physician, the director of the mental health facility is of the opinion that the person has a mental illness, the director shall notify the director of the institution or the facility to which the person was admitted who shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610;  (2) the director of a facility in which the patient resides determines that it would be consistent with the medical needs of the person, the Department of Mental Health may transfer or authorize the transfer of the patient from one facility to another. If the transfer is from a less restricted facility to a substantially more secure facility and the patient objects to the transfer, a hearing to give the patient a reasonable opportunity to contest the transfer must be held pursuant to Sections 44-17-540 through 44-17-570. When a patient is transferred, written notice must be given to the patient's legal guardian, attorney, parents, or spouse or, if none be known, to the patient's nearest known relative or friend. This section may not be construed to apply to transfers of a patient within a mental health facility; or  (3) the legal guardian, parent, spouse, relative, or friend of an involuntary patient submits a request for the transfer of the patient from one Department of Mental Health facility to another and the reasons for desiring the transfer and unless the Department of Mental Health reasonably determines that it would be inconsistent with the medical needs of the person, the transfer must be made. If the transfer is from a less restricted to a substantially more secure facility, item (2) governs.  HISTORY: 1962 Code Section 32-974; 1974 (58) 2642; 1977 Act No. 99 Section 15; 1993 Act No. 34, Section 1; 1993 Act No. 181, Section 1084; 2008 Act No. 266, Section 8, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
 No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Department of Mental Health or the Department of Disabilities and Special Needs, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility.  HISTORY: 1962 Code Section 32-975; 1974 (58) 2642; 1993 Act No. 181, Section 1085; 2011 Act No. 47, Section 5, eff June 7, 2011.
 Any person who wilfully causes, or conspires with or assists another to cause the unwarranted confinement of any individual under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1, of Chapter 15, Chapter 17, or Chapter 27, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding one year, or both.  HISTORY: 1962 Code Section 32-916; 1952 (47) 2042; 1974 (58) 2642; 2011 Act No. 47, Section 5, eff June 7, 2011.
 Whenever reference is made requiring the signature of the director of any state mental health facility, the reference means the director of the facility or the director's designee.  HISTORY: 1962 Code Section 32-916.1; 1967 (55) 317; 2008 Act No. 266, Section 9, eff June 4, 2008; 2011 Act No. 47, Section 5, eff June 7, 2011.
 Any person affected by the rules and regulations of the Department adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record.  HISTORY: 1962 Code Section 32-914; 1952 Code Section 32-985; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042; 1958 (50) 1634.
 (A) Whenever a judge of the circuit court or family court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall:  (1) order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of having intellectual disability or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and intellectual disability or a related disability. The examination must be made within thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or  (2) order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days.  (B) Before the expiration of the examination period or the examination and observation period, the Department of Mental Health or the Department of Disabilities and Special Needs, as appropriate, may apply to a judge designated by the Chief Justice of the South Carolina Supreme Court for an extension of time up to fifteen days to complete the examination or the examination and observation.  (C) If the person or the person's counsel requests, the court may authorize the person to be examined additionally by a designated examiner of the person's choice. However, the court may prescribe the time and conditions under which the independent examination is conducted.  (D) If the examiners designated by the Department of Mental Health find indications of intellectual disability or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is "not mentally ill" and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not intellectual disability or a related disability, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does "not have intellectual disability or a related disability" and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and intellectual disability or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on the person's mental capacity.  HISTORY: 1962 Code Section 32-977; 1974 (58) 2642; 1990 Act No. 419, Section 1; 1990 Act No. 431, Section 1; 1993 Act No. 181, Section 1086; 2006 Act No. 400, Section 1, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011.
 (A) Within ten days of examination under Section 44-23-410(A)(1) or at the conclusion of the observation period under Section 44-23-410(A)(2), the designated examiners shall make a written report to the court which shall include:  (1) a diagnosis of the person's mental condition; and  (2) clinical findings bearing on the issues of whether or not the person is capable of understanding the proceedings against him and assisting in his own defense, and if there is a substantial probability that he will attain that capacity in the foreseeable future.  (B) The report of the designated examiners shall not contain any findings nor shall the examiners testify on the question of insanity should it be raised as a defense unless further examination on the question of insanity is ordered by the court.  (C) The report is admissible as evidence in subsequent hearings pursuant to Section 44-23-430.  HISTORY: 1962 Code Section 32-978; 1974 (58) 2642; 2006 Act No. 400, Section 2, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011.
 (A) Upon receiving the report of the designated examiners, the court shall set a date for and notify the person and his counsel of a hearing on the issue of his fitness to stand trial. If, in the judgment of the designated examiners or the superintendent of the facility if the person has been detained, the person is in need of hospitalization, the court with criminal jurisdiction over the person may authorize his detention in a suitable facility until the hearing. The person shall be entitled to be present at the hearings and to be represented by counsel. If upon completion of the hearing and consideration of the evidence the court finds that:  (1) the person is fit to stand trial, it shall order the criminal proceedings resumed; or  (2) the person is unfit to stand trial for the reasons set forth in Section 44-23-410 and is unlikely to become fit to stand trial in the foreseeable future, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays, during which time the court may order the person hospitalized, may order the person to continue in detention if detained, or, if on bond, may permit the person to remain on bond; or  (3) the person is unfit to stand trial but likely to become fit in the foreseeable future, the court shall order him to undergo restoration treatment by the Department of Mental Health for up to one hundred eighty days from the commencement of restoration treatment. If the person is in detention, the Department of Mental Health has the discretion to provide the restoration treatment in a hospital or detention facility. Restoration treatment shall only occur in a detention facility with the consent and approval of the sheriff or local government, whichever has lawful custody of the detention facility. If the person is on bond, the Department of Mental Health has the discretion to provide the restoration treatment in a hospital or on an outpatient basis. If the person is found to be unfit at the conclusion of the period of restoration treatment, the solicitor responsible for the criminal prosecution shall initiate judicial admission proceedings pursuant to Sections 44-17-510 through 44-17-610 or Section 44-20-450 within fourteen days, excluding Saturdays, Sundays, and holidays.  (B) Subject to the provisions of Section 44-23-460, persons against whom criminal charges are pending and who are hospitalized in accordance with this article shall have all the rights and privileges of other involuntarily hospitalized persons.  (C) Persons against whom criminal charges are pending but who are not involuntarily committed following judicial admission proceedings shall be released unless: (1) the person is charged with a violent crime or (2) the person is charged with a nonviolent crime and the solicitor files a motion to require bond for release. If the pending charge is a violent crime, a hearing must be held by the court in which the charges are pending, prior to release, on the issue of whether the person shall be released on bond with terms and conditions appropriate for the safety of the community and the well-being of the person. If the pending charge is a nonviolent crime, and the solicitor files a motion to require bond for release, a hearing may be held by the court in which the charges are pending to determine whether the person poses such a risk of danger to the community that he must not be released without bond. In addition to any terms or conditions of bond allowed under Section 17-15-10, the court must include terms or conditions of bond that are therapeutic in nature. Therapeutic terms and conditions may include, but not be limited to, a requirement that the person cooperate in any treatment indicated for their psychiatric or intellectual impairments, including the keeping of scheduled appointments, the taking of all prescribed medications, the abstaining from alcohol or illegal drug use, and a requirement that the person comply with random or scheduled drug screens to insure sobriety and medication compliance. For purposes of this subsection, "violent crime" means any offense included in Section 16-1-60.  HISTORY: 1962 Code Section 32-979; 1974 (58) 2642; 1977 Act No. 99, Section 16; 1997 Act No. 52, Section 2; 2006 Act No. 400, Section 3, eff September 29, 2006; 2011 Act No. 47, Section 5, eff June 7, 2011; 2022 Act No. 145 (H.3773), Section 2, eff April 25, 2022.  Effect of Amendment  2022 Act No. 145, Section 2, rewrote the section.
 A finding of unfitness to stand trial under Section 44-23-430 does not preclude any legal objection to the prosecution of the individual which is susceptible of fair determination prior to trial and without the personal participation of the defendant.  If either the person found unfit to stand trial or his counsel believes he can establish a defense of not guilty to the charges other than the defense of insanity, he may request an opportunity to offer a defense on the merits to the court. The court may require affidavits and evidence in support of such request. If the court grants such request, the evidence of the State and the defendant shall be heard before the court sitting without a jury. If after hearing such petition the court finds the evidence is such as would entitle the defendant to a directed verdict of acquittal, it shall dismiss the indictment or other charges.  HISTORY: 1962 Code Section 32-981; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
 A finding of unfitness to stand trial under Section 44-23-430 may be reexamined by the court upon its own motion, or that of the prosecuting attorney, the person found unfit to stand trial, his legal guardian, or his counsel. Upon receipt of the petition, the court shall order an examination by two designated examiners whose report shall be submitted to the court and shall include underlying facts and conclusions. The court shall notify the individual, his legal guardian, and his counsel of a hearing at least ten days prior to such hearing. The court shall conduct the proceedings in accordance with Section 44-23-430, except that any petition that is filed within six months after the initial finding of unfitness or within six months after the filing of a previous petition under this section shall be dismissed by the court without a hearing.  HISTORY: 1962 Code Section 32-982; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
 When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel:  (1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and  (2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or  (3) the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.  HISTORY: 1962 Code Section 32-983; 1974 (58) 2642; 1977 Act No. 99, Section 17; 2011 Act No. 47, Section 5, eff June 7, 2011.
 As used in this chapter:  (1) "Child" means a person under the age of eighteen years.  (2) "Child in need of emergency admission" means a child who is in need of treatment, who poses an imminent danger of seriously harming himself or others if not immediately hospitalized, and for whom immediate hospitalization can be obtained only through an involuntary emergency admission.  (3) "Child in need of judicial admission" means a child who is in need of treatment and for whom treatment can be obtained only through an involuntary judicial admission.  (4) "Child in need of treatment" means a child in need of mental health treatment who manifests a substantial disorder of cognitive or emotional processes, which lessens or impairs to a marked degree that child's capacity either to develop or to exercise age appropriate or age adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, or serious disturbances in the ability to care for and relate to others. The presence of epilepsy, intellectual disability, organic brain syndrome, physical or sensory handicaps, or brief periods of intoxication caused by alcohol or other substances is not sufficient to meet the criteria for a child in need of treatment but does not exclude a child otherwise determined to fulfill the above criteria.  (5) "Court" means the probate court unless otherwise specified.  (6) "Crisis stabilization" means a short term placement to enable a child who has lost control to regain control in order to be returned to his previous placement or to an appropriate treatment facility or program.  (7) "Department" means the State Department of Mental Health.  (8) "Diagnostic evaluation" means the systematic appraisal of a child's functional level in various domains such as educational, social, and psychological to determine the nature and extent of treatment or services which may be required to meet the needs of the child.  (9) "In-home intervention" means comprehensive, individualized in-home family services which are designed to intervene at times when there is a possibility that the child will have to be removed from the home to a more restrictive environment or to prepare a family for a child's transition back into the home.  (10) "Law enforcement officer" means a state, county, or city police officer, officer of the South Carolina Highway Patrol, sheriff, or deputy sheriff.  (11) "Outpatient counseling" means a regularly scheduled goal-oriented intervention by a competent professional responsive to the needs of the child, for the purposes of assisting the child in solving problems related to educational, vocational, emotional, familial, and social issues through cognitive and affective modes.  (12) "Psychiatric assessment and evaluation" means a systematic appraisal, in accordance with generally accepted medical practices, for the following purposes: specialized psychiatric review of physiological phenomena, psychiatric diagnostic evaluation, psychiatric therapeutic evaluative services, and assessment of the appropriateness of initiating or continuing the use of psychotropic medications in treatment of a child.  (13) "Residential treatment program or facility" means a structured, supportive, and therapeutic residential program for a child in need of treatment.  (14) "Treatment team" means persons drawn from or representing the professional disciplines or service areas included in the development and implementation of a treatment plan.  (15) "Twenty-four hour emergency assessment" means diagnostic evaluation capabilities when necessary to determine a child's clinical status and needs.  HISTORY: 1991 Act No. 88, Section 1.
 Notice of the hearing for an emergency admission or a judicial admission must be given to the child or his guardian, his counsel, and other interested persons at least five days before the hearing, exclusive of Saturdays, Sundays, and legal holidays. The notice must include the time, date, and place of the hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary admission is sought and a copy of the petition or affidavit and supporting certificates of the examining physician.  HISTORY: 1991 Act No. 88, Section 1.
 (A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available.  (B) If the report of the examiners is that the child is not in need of judicial admission, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program.  (C) If the report of the examiners is that the child is a child in need of judicial admission, the court may order that the child be detained at the place of his admission or in another treatment facility or program.  (D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 7.
 The child or the child's guardian may request removal of the proceedings to another county of the State when the convenience of witnesses and the ends of justice require it. When the place of the proceedings is changed, all other proceedings must be held in the county to which the place of hearing is changed, unless otherwise provided by the filed consent of the parties in writing or order of the court. The papers must be filed or transferred accordingly.  HISTORY: 1991 Act No. 88, Section 1.
 A person to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses, and the court may receive the testimony of other persons. The court may hold the hearing in a suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the child concerned is best served by conducting the hearing in a location other than the court. The hearing may be conducted in an informal manner consistent with orderly procedure. The court shall follow the rules of evidence applicable to the probate courts in receiving evidence. The child or his legal guardian may have a free transcript of the record of the proceedings.  HISTORY: 1991 Act No. 88, Section 1.
 (A) If the court finds, after presentation of all the evidence, that the child is not in need of judicial admission, the court shall order that he must be discharged if he has been hospitalized before the hearing.  (B) If upon completion of the hearing and consideration of the record the court finds upon clear and convincing evidence that the child is in need of judicial admission, the court may order treatment in the department or at another program or facility that agrees to accept the child.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 8.
 (A) A family court may order that a child, who is otherwise before the court on another matter, be given a psychiatric evaluation by the appropriate community mental health center. The community mental health center shall schedule the child for the ordered evaluation as soon as possible and shall provide the family court with a written report of the results of the evaluation within five working days following the evaluation.  (B) If the community mental health center reports to the family court that the child is in need of an inpatient psychiatric evaluation, the family court may commit the child to a hospital designated by the department for a psychiatric evaluation. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days. Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the hospital.  (C) If a psychiatric evaluation indicates a child is in need of judicial admission, the family court may:  (1) defer to the probate court for purposes of commitment to a range of services; or  (2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and Sections 44-24-90 through 44-24-140.  (D) Any victim of a child charged with a crime and held in detention who is ordered to a mental health facility for a psychiatric evaluation must be notified pursuant to Article 15, Chapter 3, Title 16 of the child's transfer to or discharge from a mental health facility.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 9; 2005 Act No. 120, Section 5, eff June 3, 2005.
 A child admitted to an inpatient treatment program must be examined by a member of the professional staff of the program promptly after his admission and must be reviewed by the treatment team within seven days after admission. Promptly after the treatment team review, a formal program of care and treatment designed to meet the needs of the child must be instigated. Results of all examinations and an outline of the child's treatment program must be entered in his clinical record. Unless the child or his legal guardian consents in writing, no treatment may be given which is not recognized as standard mental health treatment.  HISTORY: 1991 Act No. 88, Section 1.
 (A) A child is entitled to have a reexamination on his own petition or that of another interested person to the court of the county from which he was admitted. The treatment program must inform every child and the child's guardian of the right to petition for reexamination. The notice must be given in writing upon admission to the program and once during the first month of treatment and six months thereafter during the treatment of the child in age appropriate language and in writing.  (B) Upon receipt of the petition the court shall conduct proceedings in accordance with applicable provisions of Sections 44-24-90 through 44-24-140. The proceedings are not required if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than six months after the holding of a hearing pursuant to this section. The costs must be borne by the State.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 10.
 (A) A child in need of treatment admitted involuntarily to a mental health service which removes him from home, must have his case reviewed by the court within twenty days of admission and every six months. If the review determines the child is no longer in need of mental health services or alternative services, he must be discharged immediately.  (B) A child in need of treatment admitted involuntarily to a mental health service where he remains at home, must have the case reviewed sixty days after admission and every six months. If the review determines the child is no longer in need of mental health services or in need of alternative services, the child must be discharged immediately, or, if necessary, the court shall request the mental health center in which the child is being treated to refer the child to the proper alternative services for the child.  (C) The treatment team may petition the court for review after the initial review.  HISTORY: 1991 Act No. 88, Section 1.
 (A) No child who has been admitted involuntarily to a treatment facility or program may be moved from a less restrictive program to a more restrictive program without court approval. Court approval is not mandatory for moves from more restrictive to less restrictive programs. The court must be notified within twenty-four hours when a child is moved from one program to another.  (B) A child who has been admitted involuntarily to a treatment facility or program may be placed in community crisis stabilization without court approval for not more than five days. The head of the facility in which the child is placed shall inform the court within three days of placement. Court approval is mandatory to extend the period of crisis stabilization beyond the five days and for each successive five- day extension.  (C) If the child has not been returned to an appropriate treatment program or facility within ten days of being placed in crisis stabilization, the court shall hold a review hearing within fifteen days of the crisis stabilization placement to determine and order the appropriate program for the child.  HISTORY: 1991 Act No. 88, Section 1.
 (A) If a child is found to be a proper subject for voluntary admission, the director of a treatment program or facility shall admit for treatment an individual who is:  (1) sixteen years of age or older and who applies for admission;  (2) under sixteen years of age if his parent or legal guardian applies for admission on his behalf.  (B) A governmental agency, acting as legal guardian, admitting a child voluntarily, shall notify the child's guardian ad litem within forty-eight hours. If a guardian ad litem has not been appointed, the agency shall petition the court for appointment within seventy-two hours.  HISTORY: 1991 Act No. 88, Section 1.
 (A) If a child committed to an inpatient facility or a residential treatment program is absent without proper authorization, the facility or program director immediately shall notify the appropriate state and local law enforcement officials and the parent or legal guardian of the absence by telephone. The notice also must be confirmed in writing and mailed to the law enforcement officials, parent, or legal guardian within twenty-four hours after the absence is discovered.  (B) A law enforcement officer, upon the request of the facility director or his designee and without necessity of a warrant or a court order, may take the child into custody and return him to the program or facility.  HISTORY: 1991 Act No. 88, Section 1.
 It is unlawful for a person, without prior authorization from the child's attending physician or his designee, to take a child away or cause him to be taken away from the grounds of an inpatient facility or residential treatment program. A person violating the provisions of this section, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.  HISTORY: 1991 Act No. 88, Section 1.
 No child may be discharged by the department or private hospital without appropriate discharge planning. A member of the child's treatment team shall coordinate in advance with the child's parent or legal guardian as well as other service providers to ensure continuity in service for the child in the community.  HISTORY: 1991 Act No. 88, Section 1.
 In order to provide community-based treatment as an alternative to hospitalization, the department shall provide or cause to be provided a range of mental health programs for children in each mental health center recognized by the State. Based on available resources and to the extent funds are made available to the department by the General Assembly, the programs must include, but are not limited to:  (1) twenty-four hour emergency assessment;  (2) crisis stabilization;  (3) in-home intervention;  (4) therapeutic foster care;  (5) outpatient counseling, diagnostic evaluation, including psychological testing when required, and psychiatric assessment and evaluation;  (6) consultation with other agencies serving the child.  HISTORY: 1991 Act No. 88, Section 1.
 Agencies providing services to children or holding legal custody of children are accountable within their legislative mandate to participate in the planning and service provision to a child determined to be in need of treatment. Agencies shall exchange and share records of services to the child and the child's background.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 11.
 A parent or guardian of a child admitted to a treatment program or facility is entitled and expected to confer at reasonable intervals with the treating physician, psychologist, or other members of the treatment team concerning the child's condition, treatment, or diagnosis. The treatment facility may request that the parent or guardian of a child hospitalized or treated must be available for consultation and cooperation in connection with the treatment process. The treatment facility may request that the court, as part of the relief ordered in the commitment proceedings, order the guardian or parents to cooperate with the treatment process if they have been party to the action.  HISTORY: 1991 Act No. 88, Section 1.
 A child who is a patient of a treatment facility at all reasonable times may:  (1) communicate and consult with the agency or individual having legal custody of him;  (2) communicate, consult, and visit with legal counsel and private mental health service providers of his parent's or guardian's choice at his own expense. With the consent of the child, and upon request, legal counsel must be provided with copies of the child's treatment records.  HISTORY: 1991 Act No. 88, Section 1.
 (A) A child who is a patient of a treatment program has the right to:  (1) receive special education and vocational training in addition to other forms of treatment from the State Department of Education as required by law;  (2) participate in play, recreation, physical exercise, and outdoor activity on a regular basis, in accordance with his needs;  (3) keep and use his own clothing and personal possessions under appropriate supervision;  (4) participate in religious worship;  (5) receive assistance as needed in sending and receiving correspondence and in making telephone calls at his own expense;  (6) receive visitors, under appropriate supervision;  (7) have access to individual storage space for his own use.  (B) No right enumerated in subsection (A) may be restricted without a written statement in the child's treatment record by a member of the child's treatment team. This statement must indicate the detailed reason for the restrictions. A written restriction is effective for not more than sixty days and may be renewed only by the child's attending physician. Reason for renewal must be entered in the child's treatment records. Renewed restrictions may not exceed thirty days.  (C) Except as otherwise provided by law, no child may be denied the right to:  (1) hold a driver's license;  (2) marry or divorce.  (D) Unless adjudicated incompetent, no child may be denied any other rights specified by law.  HISTORY: 1991 Act No. 88, Section 1.
 No child may be subjected to mechanical or chemical restraints, seclusion, or another form of physical coercion or restraint unless the action is authorized by a physician as being required to prevent a child from taking actions which are dangerous to himself or to others or prevent an imminent and substantial disruption of the therapeutic setting of the facility. The authorization for the action must be entered in the child's record within one hour of the action. The authorizations are not valid for more than eight hours unless approved by the facility director or his designee. No child in an inpatient treatment facility of the department may be subjected to corporal punishment.  HISTORY: 1991 Act No. 88, Section 1.  
 When a child sixteen years of age or older is admitted to an inpatient facility at the department, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in the guardian ad litem's opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of the child. If the guardian ad litem suspects the application was involuntary, the guardian ad litem shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the:  (1) application was voluntary or involuntary and no need for commitment exists, the child must be discharged immediately;  (2) application was voluntary and admission is necessary, there must be no further action before periodic review;  (3) application was involuntary and admission is necessary, the court shall order the facility to file, within three days exclusive of Saturdays, Sundays, and legal holidays after the date of the order, a petition for judicial admission and to retain the child pending a hearing which must be conducted within fifteen days of the filing of the petition;  (4) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 84, Section 1.
 The director of a treatment program or facility immediately shall discharge to the parent, legal guardian, or agency a voluntarily admitted child who:  (1) is no longer in need of that treatment program or facility; or  (2) requests his own discharge or whose discharge is requested, in writing, by his parent or legal guardian, or other interested person, unless at least one of the following exists:  (a) the child was admitted on his application if sixteen years of age or older, and the request for discharge is made by a person other than the child, in which case, discharge is conditioned upon agreement of the child;  (b) the child, by reason of age, was admitted on the application of another person, in which case, discharge, before becoming sixteen years of age, is conditioned upon three days' notice, exclusive of Saturdays, Sundays, and legal holidays, being given to and consent being obtained from his parent or legal guardian;  (c) the director of the treatment program or facility, within three days, exclusive of Saturdays, Sundays, and legal holidays, after the child or other interested person requests the child's discharge, files with the court of the county in which the child resided or was present immediately before his admission, a petition for judicial commitment pursuant to Section 44-24-90.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 1.
 When admitted to the residential program or facility, thirty days after the date of admission, and every six months after, a voluntarily admitted child must be informed in writing of his right to release in language which is appropriate for his age. The child shall sign a statement to that effect which becomes a part of that child's record. The child's parent or legal guardian or other interested person must be informed also and shall sign a statement to that effect which becomes a part of the child's record.  HISTORY: 1991 Act No. 88, Section 1.
 (A) A child may be admitted to an inpatient hospital for emergency admission upon:  (1) written application under oath by an interested person stating:  (a) belief that the child is in need of treatment and in danger of harming himself or others as a result of his need for treatment;  (b) the specific type of serious harm thought probable if the child is not hospitalized immediately;  (c) the factual basis for this belief;  (d) the reason why the child cannot obtain treatment voluntarily.  (2) a certification in triplicate by a licensed physician stating that he has examined the child and is of the opinion that he is a child in need of treatment and in need of emergency admission. The certification must contain the grounds for the opinion.  (B) A child for whom a certificate has been issued must not be admitted on the basis of the certificate after the expiration of three calendar days after the date of his examination.  (C) Before the emergency admission of a child to a treatment program or facility of the department, the child must be examined by a licensed physician. The physician shall inform the mental health center in the county where the child resides or where the examination takes place of the mental and physical treatment needs of the child. The physician shall consult with the center regarding the commitment and admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.  (D) The examining physician shall complete a statement that he has consulted with the local mental health center before the admission of the child to a state psychiatric facility. If the physician does not consult with the center, he shall state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a child to its facility if the physician fails to complete the statement required by this chapter.  (E) Within twenty-four hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the court of the county in which the child resides or where the acts or conduct leading to his admission occurred.  (F) Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct a preliminary review of the evidence to determine if probable cause exists to continue the emergency detention of the child. If the court finds that probable cause does not exist, it shall issue an order of release for the child. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the child. The court shall appoint counsel for the child if he has not retained counsel and fix a date for a full hearing to be held within fifteen days from the date of his admission.  (G) With each application and certification, the place of admission also shall provide the court with an examiner appointment form listing the names of two examiners.  (H) If the court appoints these two examiners, the examination must be performed at the place of admission and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent examiners who shall submit a report to the court within five days. In the process of the examination by the examiners, available previous treatment records must be considered. At least one of the examiners appointed by the court must be a licensed physician.  (I) The examiner's report must be available to the child's counsel before the full hearing.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Sections 2, 3.
 If a child in need of emergency admission cannot be examined by a licensed physician pursuant to Section 44-24-60 because his whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-24-60 shall execute an affidavit stating that he believes the child is in need of emergency admission. The grounds for the belief must be included and a statement that the usual procedure for examination cannot be followed and the reason. Upon presentation of the affidavit, the court may require a law enforcement officer to take the child into custody and transport him for an examination by a licensed physician as provided for in Section 44-24-60. If within the twenty-four hours the child is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided in Section 44-24-60, the proceedings must be terminated and the child immediately released. Otherwise, proceedings must be held pursuant to Section 44-24-60.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 4.
 The certificate provided for in Section 44-24-60(A)(2) requires a law enforcement officer, preferably in civilian clothes, to take the child into custody and transport him to the hospital designated by the certification. Upon request, a law enforcement officer shall transport the child's parent, legal guardian, or other adult family member to accompany the child to the hospital. No child may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the hospital designated in the application, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume the responsibility. A friend or relative who chooses to transport the patient is not entitled to reimbursements from the State for the cost of the transportation. No child may be subjected to mechanical restraints during transportation except upon the determination by the law enforcement officer that restraints are necessary to prevent the child's escape or harm to himself or others. An officer acting in accordance with this chapter is immune from civil liability.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 5.
 (A) Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that:  (1) the child is in need of treatment;  (2) treatment may be obtained only through an involuntary admission.  (B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions.  (C) Upon receiving a petition the court shall give the child and his legal guardian, the guardian ad litem, if one has been appointed, and other interested persons notice by certified mail of the petition and of the child's right to counsel. Every reasonable effort must be made to notify the child's natural parents of the petition.  (D) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom must be a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need, if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 6.
 The Interstate Compact on Mental Health as set out in Section 44-25-20 is enacted into law and entered into by this State with all other states legally joining therein.  HISTORY: 1962 Code Section 32-1051; 1959 (51) 325.
 The contracting states solemnly agree that:  ARTICLE I. The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.  ARTICLE II. As used in this compact:  (a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.  (b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.  (c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.  (d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment or supervision pursuant to the provisions of this compact.  (e) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.  (f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare or the welfare of others or of the community.  (g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.  (h) "State" shall mean any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.  ARTICLE III. (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.  (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof and such other factors as shall be considered appropriate.  (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient and given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if such authorities so wish and unless the receiving state shall agree to accept the patient.  (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.  (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.  ARTICLE IV. (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in such receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.  (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.  (c) In supervising, treating or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.  ARTICLE V. Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.  ARTICLE VI. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.  ARTICLE VII. (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.  (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.  (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.  (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.  (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient or any statutory authority pursuant to which such agreements may be made.  ARTICLE VIII. (a) Nothing in this compact shall be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment, and the court which appointed the previous guardian shall upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.  (b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.  ARTICLE IX. (a) No provision of this compact except article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, such person would be subject to incarceration in a penal or correctional institution.  (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.  ARTICLE X. (a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.  (b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.  ARTICLE XI. The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.  ARTICLE XII. This compact shall enter into full force and effect as to any state when enacted by it into law, and such state shall thereafter be a party thereto with any and all states legally joining therein.  ARTICLE XIII. (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to such state or sent out of such state pursuant to the provisions of the compact.  (b) Withdrawal from any agreement permitted by article VII (b) as to costs or from any supplementary agreement made pursuant to article XI shall be in accordance with the terms of such agreement.  ARTICLE XIV. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be effected thereby. If this compact shall be held contrary to the Constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.  HISTORY: 1962 Code Section 32-1052; 1959 (51) 325.
 Pursuant to the compact, the State Directors of the Departments of Mental Health and Disabilities and Special Needs shall be the compact administrators for the mentally ill and persons with intellectual disability, or those with a related disability, respectively, and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrators shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement or agreements entered into by this State and thereunder.  HISTORY: 1962 Code Section 32-1053; 1959 (51) 325; 1969 (56) 631; 1993 Act No. 181, Section 1087.
 The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service.  HISTORY: 1962 Code Section 32-1054; 1959 (51) 325.
 The compact administrator shall consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this State to an institution in another party state, shall take no final action without approval of the probate court having jurisdiction of such transferee. Provided, that no person, a legal resident of this State, shall be transferred to another state without written consent of at least one of the following: His or her adult next of kin, committee, custodian or legal guardian; provided, further, that if there is no adult next of kin, committee, custodian or legal guardian, the compact administrator is authorized to initiate transfer proceedings.  HISTORY: 1962 Code Section 32-1055; 1959 (51) 325; 1964 (53) 1875.
 The compact administrator, subject to the approval of the State Fiscal Accountability Authority, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.  HISTORY: 1962 Code Section 32-1056; 1959 (51) 325.  
 As used in this chapter:  (1) "Aversive stimuli" means a clinical procedure which staff apply, contingent upon the exhibition of maladapted behavior, startling, unpleasant, or painful stimuli or stimuli that have a potentially noxious effect.  (2) "Client" means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services.  (3) "Client's representative" means the client's parent, guardian, legal counsel, or other person who acts on behalf or in the best interest of a person with intellectual disability or a related disability.  (4) "Director" means the South Carolina Director of Disabilities and Special Needs.  (5) "Court" means a probate court of appropriate jurisdiction unless specified otherwise.  (6) "Department" means the South Carolina Department of Disabilities and Special Needs.  (7) "Facility" means a residential setting operated, assisted, or contracted out by the department that provides twenty-four hour care and supervision.  (8) "Habilitation" means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills.  (9) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.  (10) "Intellectual disability professional" means a person responsible for supervising a client's plan of care, integrating various aspects of the program, recording progress, and initiating periodic review of each individual plan of habilitation.  (11) "Interdisciplinary team" means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan.  (12) "Major medical treatment" means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include routine diagnosis or treatment such as the administration of medications or nutrition or the extractions of bodily fluids for analysis or dental care performed with a local anesthetic or a nonpermanent procedure designed for the prevention of pregnancy.  (13) "Plan of habilitation" means a written plan setting forth measurable goals or behaviorally stated objectives in prescribing an integrated program of individually designed activities or therapies necessary to achieve the goals and objectives.  (14) "Planned exclusionary time-out" means the technique of behavior modification in which a client is removed from the immediate environment to a physically safe, lighted, and normal temperature room for a specific period of time not to exceed one hour under the direct continued observation of staff.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1088; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) Except to the extent an interdisciplinary team of a residential program determines that it is required by the medical needs, safety, or habilitative goals of the client to impose restrictions, a client may:  (1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, envelopes, and telephones, including reasonable funds or means by which to use telephones, must be provided;  (2) receive visitors. A facility must have a designated area where clients and visitors may speak privately;  (3) wear his clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his money, and keep and use his personal possessions, including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by an intellectual disability professional or physician to be dangerous or otherwise inappropriate to the habilitation regimen. If clothing is provided by the facility, clients must have the opportunity to select from neat, clean, seasonal clothing that allows the client to appear normal in the community. The clothing must be considered to be the client's throughout his stay in the facility;  (4) have access to individual storage space for private use. Personal property of a client brought into the facility and placed in storage by the facility must be inventoried. Receipts must be given to the client and at least one other interested person. The personal property may be reclaimed only by the client or his guardian as long as he is living unless otherwise ordered by the court;  (5) follow or abstain from religious practices. Religious practices may be prohibited by the facility supervisor if they lead to physical harm to the client or to others, harassment of other clients, or damage to property.  (B) The department shall determine what constitutes reasonable access for the rights provided in this section. Limitations imposed on the exercise of the rights by the client and the reasons for the limitations must be made part of the client's record. The limitations are valid for no more than thirty days. The time may be extended an additional thirty days if, upon review, it is determined the client's safety or habilitation warrants limitations of the rights. If the department restricts rights, the reasons for the restriction and why the condition cannot be resolved in a less restrictive manner must be recorded in the client's record.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 Clients have the right to daily physical exercise. Operators of a facility shall provide indoor and outdoor areas and equipment for this purpose. Clients determined able to be outdoors on a daily basis pursuant to Section 44-26-150 must be allowed this privilege in the absence of contrary medical considerations or during periods of inclement weather.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) A client or his representative with the appropriate permission may have reasonable access to the client's medical and habilitative records. The requests must be made in writing.  (B) A client or his representative may be refused access to information in the medical and habilitative records if:  (1) provided by a third party under assurance that the information remains confidential;  (2) the attending physician has determined in writing that the information would be detrimental to the client's habilitation regimen. The determination must be placed in the client's records and is considered part of restricted information.  (C) A client or his representative refused access to medical or habilitative records may appeal the refusal to the department director. The director of the residential program shall notify the client or his representative of the right to appeal.  (D) Persons granted access to client records shall sign a disclosure form. Disclosure forms are considered part of a client's confidential record.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1091; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) Communications between clients and intellectual disability professionals, including general physicians, psychiatrists, psychologists, nurses, social workers, members of interdisciplinary teams, or other staff members employed in a client-therapist capacity or an employee under supervision of them are considered confidential. Certificates, applications, records, and reports made for the purpose of this chapter that directly or indirectly identify a client, as well as privileged communications, must be kept confidential and must not be disclosed by a person unless:  (1) the identified client or his representative consents;  (2) a court directs disclosure upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make the disclosure is contrary to the public interest;  (3) disclosure is required for research conducted or authorized by the department;  (4) disclosure is necessary to cooperate with law enforcement, health, welfare, and other state agencies, schools, and county entities;  (5) disclosure is necessary to carry out this chapter.  (B) Nothing in this section precludes disclosure:  (1) upon proper inquiry, of information as to a client's current medical condition, to appropriate next of kin;  (2) if the information is used in an educational or informational capacity if the identity of the client is concealed;  (3) of information to the Governor's ombudsman office or the South Carolina Protection and Advocacy System for the Handicapped, Inc., as consistent with state law.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) Clients receiving services for intellectual disability shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients.  (B) In emergency admissions when the least restrictive setting is not available a client must be admitted to the nearest proper facility until he may be moved to the least restrictive setting.  (C) In judicial or emergency admissions to the department every attempt must be made by the court to ensure a client's placement in the least restrictive alternative of services available.  (D) No client may remain at a level of care that is more restrictive than is warranted to meet his needs if alternative care is available. A residential program must attempt to move clients from:  (1) more to less structured living;  (2) larger to smaller facilities;  (3) larger to smaller living units;  (4) group to individual residence;  (5) segregated from the community to integrated into the community;  (6) dependent to independent living.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 2; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (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.
 (A) No client residing in an intellectual disability facility may be subjected to chemical or mechanical restraint or a form of physical coercion or restraint unless the action is authorized in writing by an intellectual disability professional or attending physician as being required by the habilitation or medical needs of the client and it is the least restrictive alternative possible to meet the needs of the client. Emergency restraints require the written authorization of the attending physician or designated staff member and must be noted in the client's record.  (B) Each use of a restraint and justification for it must be entered into the client's record. The authorization is not valid for more than twelve hours during which the client's condition must be charted at thirty-minute intervals. If the orders are extended beyond the twelve hours, the extension must have written authorization by an intellectual disability professional or attending physician. Within twenty-four hours a copy of the authorization must be forwarded to the facility supervisor for review. Clients under a form of restraint must be allowed no less than ten minutes every two hours for motion and exercise. Mechanical restraint must be employed in a manner that lessens the possibility of physical injury and ensures the least possible discomfort.  (C) No form of restraint may be used for the convenience of staff, as punishment, as a substitute for a habilitation program or in a manner that interferes with the client's habilitation program.  (D) In an emergency such as a serious threat of extreme violence, injury to others, personal injury, or attempted suicide, if the attending physician or an intellectual disability professional is not available, staff may authorize mechanical restraint or physical restraint, in conjunction with state and federal regulations, when these means are necessary for as long as the behavior that warrants restraint persists. The use must be reported immediately to the attending physician or an intellectual disability professional who shall authorize its continuance or cessation and make a written record of the reasons for its use and his review. The records and review must be entered into the client's record. The facility must have written policies and procedures governing the use of mechanical and physical restraints.  (E) The client's family or his representative, or both, must be notified immediately of the use of restraints.  (F) The appropriate human rights committees must be notified of the use of emergency restraints.  (G) Documentation of less restrictive methods that have failed must be entered into the client's record when applicable.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) Behavior modification programs involving the use of aversive stimuli are discouraged and may be used only in extraordinary cases where all other efforts have proven ineffective. Clients must not be subjected to aversive stimuli in the absence of:  (1) prior written approval for the technique by the director;  (2) the informed consent of the client on whom the aversive stimuli is to be used or his representative. Each use of aversive stimuli and justification for it must be entered into the client's record;  (3) documentation of less restrictive methods that have failed must be entered into the client's record.  (B) Seclusion must not be used on clients with intellectual disability.  (C) Planned exclusionary time-out procedures may be utilized under close and direct professional supervision as a technique in behavior shaping.  (D) Behavior modification plans must be reviewed by the interdisciplinary team periodically for continued appropriateness.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1092; 2011 Act No. 47, Section 6, eff June 7, 2011.
 A client or his representative shall give informed consent in every case before participation in research conducted by, for, or in cooperation with the department. The department shall promulgate regulations to obtain informed consent and to protect the dignity of the individual.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies.  (B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the department does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 Clients have the right to a writ of habeas corpus.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 The South Carolina State Employment Service Division of the South Carolina Department of Employment and Workforce and the State Agency of Vocational Rehabilitation shall work together to find employment for citizens with intellectual disability. Services must include, but are not limited to, counseling, referral, timely notification of job listings, and other services of the division and the agency.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 A person who wilfully causes, or conspires with or assists another to cause, the denial to a client of rights accorded to him under this chapter, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. A person acting in good faith, upon actual knowledge or information thought by him to be reliable, is exempt from criminal liability.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 (A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision.  (B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment.  (C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.  (D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.  
 A person with intellectual disability has the right to be represented by counsel when involuntarily committed to the department pursuant to Section 44-20-450.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 If a client resides in a facility operated by or contracted to by the department, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20 of the Adult Health Care Consent Act. The department shall abide by the decision of a client found competent to consent.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 2, eff May 24, 2019.  Effect of Amendment  2019 Act No. 85, Section 2, in the first sentence, substituted "Section 44-66-20" for "Section 44-66-20(6)".
 If the client is found incompetent to consent to or refuse major medical treatment, the decisions concerning his health care must be made pursuant to Section 44-66-30 of the Adult Health Care Consent Act. An authorized designee of the department may make a health care decision pursuant to Section 44-66-30(A)(9) of the Adult Health Care Consent Act. The person making the decision must be informed of the need for major medical treatment, alternative treatments, and the nature and implications of the proposed health care and shall consult the attending physician before making decisions. When feasible, the person making the decision shall observe or consult with the client found to be incompetent.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 3, eff May 24, 2019.  Effect of Amendment  2019 Act No. 85, Section 3, in the second sentence, substituted "Section 44-66-30(A)(9)" for "Section 44-66-30(8)".
 (A) If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority:  (1) legal guardian;  (2) parent;  (3) grandparent or adult sibling;  (4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client;  (5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client;  (6) authorized designee of the department.  (B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.  (C) Priority under this section must not be given to a person if a health care provider, responsible for the care of a client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in Section 44-66-20 of the Adult Health Care Consent Act.  (D) In an emergency health care may be provided without consent pursuant to Section 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011; 2019 Act No. 85 (H.3602), Section 4, eff May 24, 2019.  Effect of Amendment  2019 Act No. 85, Section 4, in (C), substituted "Section 44-66-20" for "Section 44-66-20(6)".
 (A) Human rights committees must be established for each regional center and for each county/multicounty program to:  (1) review and advise the regional center or the county/multicounty board on the policies pertaining to clients' rights policies;  (2) hear and make recommendations to the regional center or county/multicounty board on research proposals which involve individuals receiving services as research participants pursuant to Section 44-20-260;  (3) review and advise the regional center or county/multicounty board on program plans for behavior management which may restrict personal freedoms or rights of clients;  (4) advise the regional center or county/multicounty board on other matters as requested pertaining to the rights of clients.  (B) Human rights committees must be appointed by the director or his designee. Each committee consists of not less than the following five persons, except employees or former employees of the regional center or county/multicounty board must not be appointed:  (1) a family member of a person with intellectual disability or a related disability;  (2) a client of the department, if appropriate;  (3) a representative of the community at large with expertise or a demonstrated interest in the care and treatment of persons with intellectual disability or related disabilities.  (C) The department shall establish policy and procedures for the operations of the committees.  (D) Members of the committees serve in an advisory capacity only and are exempt from liability.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 1; 1993 Act No. 181, Section 1089; 2011 Act No. 47, Section 6, eff June 7, 2011.
 A client or his representative has the right to appeal decisions concerning the services or treatment provided by the department, county/multicounty board, or contracted service provider. A human rights committee established in Section 44-26-70 shall review and advise on grievances concerning applicants or clients receiving services. The department shall establish policies and procedures for the review of grievances and the appeal of decisions. The director has final authority.  HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 181, Section 1090; 2011 Act No. 47, Section 6, eff June 7, 2011.
 Unless a client has been adjudicated incompetent, he must not be denied the right to:  (1) dispose of property, real and personal;  (2) execute instruments;  (3) make purchases;  (4) enter into contractual relationships;  (5) hold a driver's license;  (6) marry or divorce;  (7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with department facilities reasonably shall assist clients who express a desire to vote to:  (a) obtain voter registration forms, applications for absentee ballots, and absentee ballots;  (b) comply with other requirements which are prerequisite for voting;  (c) vote by absentee ballot if necessary;  (8) exercise rights of citizenship in the same manner as a person without intellectual disability or a related disability.  HISTORY: 1992 Act No. 366, Section 1; 2011 Act No. 47, Section 6, eff June 7, 2011.
 When the individual is admitted to any institution operated by any agency of the United States within or without this State, he shall be subject to the rules and regulations of the agency. The superintendent of any institution operated by the agency and in which the individual is confined shall, with respect to the individual, be vested with the same powers as the superintendents of institutions or the Department of Mental Health within this State with respect to detention, custody, transfer, conditional discharge or discharge of patients.  HISTORY: 1962 Code Section 32-1003; 1952 (47) 2042; 1961 (52) 411.
 An order of a court of competent jurisdiction of another state or of the District of Columbia authorizing admittance of an individual by any agency of the United States shall have the same force and effect as to the individual while in this State as in the jurisdiction in which is situated the court entering the order, and such court shall be deemed to have retained jurisdiction of the individual admitted for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his confinement. Consent is hereby given to the application of the law of the state or district in which is located the court issuing the order for admittance with respect to the authority of the superintendent of any hospital or institution operated in this State by any agency of the United States to retain custody, transfer, conditionally discharge or discharge the individual confined.  HISTORY: 1962 Code Section 32-1005; 1952 (47) 2042.
 Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual confined pursuant to law in any State mental health facility and that such individual is eligible for care or treatment in an institution of the agency, the Department of Mental Health may cause his transfer to the agency of the United States for confinement. Upon effecting the transfer, the court ordering confinement, the legal guardian, spouse and parents or, if none be known, his nearest known relative or friend shall be notified thereof immediately by the Department of Mental Health. No person shall be transferred to an agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court originally ordering his confinement shall enter an order for transfer after appropriate motion and hearing. Any person transferred as provided in this section to an agency of the United States shall be deemed to be confined by the agency pursuant to the original order of confinement.  HISTORY: 1962 Code Section 32-1006; 1952 (47) 2042.  
 There is established the Self-Sufficiency Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities in order to enable parents and families to plan a more secure future for their disabled dependents without fear of loss of benefits or invasion of trust principal.  HISTORY: 1992 Act No. 385, Section 1.
 For the purpose of this chapter "a self-sufficiency trust" means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1093.
 (A) The State Treasurer is the custodian of the Self-Sufficiency Trust Fund and pursuant to an agreement with the trustee of a self-sufficiency trust may accept money from a self-sufficiency trust in the name of a beneficiary for deposit in the Self-Sufficiency Trust Fund. The treasurer shall maintain a separate account in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit the account of a beneficiary with money received from a self-sufficiency trust on behalf of that beneficiary.  (B) The agreement, naming one or more beneficiaries residing in this State who are developmentally disabled, mentally ill, or physically handicapped, must specify the supplemental care or treatment to be provided for each named beneficiary with the money deposited in the Self-Sufficiency Trust Fund.  HISTORY: 1992 Act No. 385, Section 1.
 There is established the Disability Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Disability Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.  HISTORY: 1992 Act No. 385, Section 1.
 The State Treasurer may accept for deposit in the Disability Trust Fund:  (1) monies left to the Disability Trust Fund by donors of a self-sufficiency trust defined in Article 1 of this chapter at the death of the disabled beneficiary; and  (2) bequests and contributions from private donors, corporations, or foundations.  HISTORY: 1992 Act No. 385, Section 1.
 Monies in the Disability Trust Fund must be expended solely to provide supplemental services to meet the need for care or treatment for low income or indigent individuals with developmental disabilities, mental illness, or physical handicaps.  HISTORY: 1992 Act No. 385, Section 1.
 The State Treasurer shall credit earned interest on the Disability Trust Fund to the fund.  HISTORY: 1992 Act No. 385, Section 1.
 The receipt by a beneficiary of money from the trust fund or of supplemental care or treatment provided with money from the trust fund does not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.  HISTORY: 1992 Act No. 385, Section 1.
 The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1097.
 The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Department of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1098.
 (A) The South Carolina Department of Disabilities and Special Needs, State Department of Mental Health, or the State Agency of Vocational Rehabilitation must provide care or treatment for a beneficiary from monies available from the beneficiary's account maintained in the Self-Sufficiency Trust Fund.  (B) Upon proper certification by the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1094.
 The receipt by a beneficiary of money from the Self-Sufficiency Trust Fund or of supplemental care or treatment provided with money from the fund may in no way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.  HISTORY: 1992 Act No. 385, Section 1.
 If the State Treasurer after consultation with the South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1095.
 The State Treasurer shall credit interest earned on the Self-Sufficiency Trust Fund to the fund and shall allocate the interest pro rata to the accounts of the named beneficiaries of the fund.  HISTORY: 1992 Act No. 385, Section 1.
 The South Carolina Department of Disabilities and Special Needs, the State Department of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Self-Sufficiency Trust Fund.  HISTORY: 1992 Act No. 385, Section 1; 1993 Act No. 181, Section 1096.
 (A) In all cases of known or suspected contagious or infectious diseases occurring within this State the attending physician must report these diseases to the county health department within twenty-four hours, stating the name and address of the patient and the nature of the disease. The county health department must report to the Department of Health and Environmental Control all such cases of infectious and contagious diseases as have been reported during the preceding month, these reports to be made upon blanks furnished by the Department of Health and Environmental Control. The Department of Health and Environmental Control must designate the diseases it considers contagious and infectious. The Department of Health and Environmental Control may also designate other diseases for mandatory reporting by physicians. Any physician who fails to comply with the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not exceeding thirty days.  (B) A health care provider, coroner, medical examiner, or any person or entity that maintains a database containing health care data must report all cases of persons who harbor any illness or health condition that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The Department of Health and Environmental Control must designate reportable illnesses and health conditions as set forth in subsection (A).  (C) A pharmacist must report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by chemical terrorism, bioterrorism, radiological terrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Prescription-related events that require a report include, but are not limited to:  (1) an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints;  (2) an unusual increase in the number of prescriptions for antibiotics;  (3) an unusual increase in the number of requests for information on over- the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and  (4) any prescription that treats a disease that is relatively uncommon and has bioterrorism potential.  (D) The reports of conditions must be made in the form and manner as prescribed by DHEC in regulations concerning infectious diseases. The reports must be made to the Bureau of Disease Control in the manner required in the regulations. When available, clinical information supporting the diagnoses, including results of specific diagnostic tests, must be included.  (E) For purposes of this section, the terms chemical terrorism, bioterrorism, and radiological terrorism have the same meanings as provided in Section 44-4-130.  HISTORY: 1962 Code Section 32-552; 1952 Code Section 32-552; 1942 Code Section 5031; 1932 Code Sections 1502, 5008; Civ. C. '22 Section 2319; Cr. C. '22 Section 450; Civ. C. '12 Section 1578; Cr. C. '12 Section 440; 1900 (23) 444; 1910 (26) 728; 1972 (57) 2496; 2002 Act No. 339, Section 25, eff July 2, 2002.
 Any person who is confined or imprisoned in any state, county, or city prison of this State may be examined and treated for a sexually transmitted disease by the health authorities or their deputies. The state, county, and municipal boards of health may take over a portion of any state, county, or city prison for use as a board of health hospital. Persons who are confined or imprisoned and who are suffering with a sexually transmitted disease at the time of expiration of their terms of imprisonment must be isolated and treated at public expense as provided in Section 44-29-90 until, in the judgment of the local health officer, the prisoner may be medically discharged. In lieu of isolation, the person, in the discretion of the board of health, may be required to report for treatment to a licensed physician or submit for treatment provided at public expense by the Department of Health and Environmental Control as provided in Section 44-29-90.  HISTORY: 1962 Code Section 32-595; 1952 Code Section 32-595; 1942 Code Section 5044-3; 1932 Code Section 1496; Cr. C. '22 Section 441; 1919 (31) 30; 1988 Act No. 490, Section 7.
 No person suffering from any of the sexually transmitted diseases described in Section 44-29-60 may be discharged from confinement unless he is pronounced cured of the disease by a state, county, or municipal health officer or, if no cure is available, upon the recommendation of the Department of Health and Environmental Control. If any person is released before a complete cure of the sexually transmitted disease of which he is suffering, the department shall direct the individual as to whom to report for further treatment, and failure to report at the stated intervals as directed, in each instance, constitutes a violation of the provisions of Sections 44-29-60 to 44-29-140 and subjects him, upon conviction, to the penalty set forth in Section 44-29-140.  HISTORY: 1962 Code Section 32-595.1; 1952 Code Section 32-595.1; 1942 Code Section 5044-5; 1932 Code Section 1498; Cr. C. '22 Section 443; 1919 (31) 30; 1941 (42) 97; 1988 Act No. 490, Section 8.
 If the Department of Health and Environmental Control believes that a person must be isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110, it shall file a petition with the probate court of the county where the person is located or where the person resides. The complaint must state the specific harm thought probable and the factual basis for this belief. If the court, after due notice and hearing, is satisfied that the petition is well-founded, it may order that the person must be isolated.  Any person isolated pursuant to Section 44-29-90, 44-29-100, or 44-29-110 has the right to appeal to any court having jurisdiction for review of the evidence under which he was isolated.  A court may not order isolation for more than ninety days. If the department determines that the grounds for isolation no longer exist, it shall file a notice of intent to discharge with the court before the person isolated is released.  The person for whom isolation is sought must be represented by counsel at all proceedings and, if he cannot afford to hire an attorney, the court shall appoint an attorney to represent him. The attorney for the person isolated must have access to any documents regarding the isolation.  HISTORY: 1988 Act No. 490, Section 15.
 Every physician attending a pregnant woman in the State for conditions relating to her pregnancy during the period of gestation or at delivery shall, in the case of every woman so attended, take or cause to be taken a sample of blood of such woman at the time of his first examination or within three days thereafter and shall submit such sample to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Such an approved laboratory must participate in an appropriate proficiency testing program approved by the Department of Health and Environmental Control. Every person, other than a physician, permitted by law to attend pregnant women in the State, but not permitted by law to take blood samples, shall cause a sample of blood of each such pregnant woman to be taken by a physician duly licensed to practice medicine and surgery, registered nurse, laboratory technician or other person authorized to take blood for blood tests and have such sample submitted to an approved laboratory for a standard serological test for syphilis, rubella, Rh factor and a hemoglobin determination, if the latter test is not performed by the physician's staff. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days. The provisions of this section shall not apply to any person who submits a sworn affidavit stating that she objects to the tests herein required on grounds such tests conflict with her religious tenets or beliefs.  HISTORY: 1962 Code Section 32-596; 1952 Code Section 32-596; 1946 (44) 1542; 1972 (57) 2806.
 The Department of Health and Environmental Control shall promulgate regulations necessary to carry out the purposes of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, including regulations providing for labor on the part of isolated persons considered necessary to provide in whole or in part for their subsistence and to safeguard their general health and regulations concerning sexually transmitted diseases as it considers advisable. All regulations so made are binding upon all county and municipal health officers and other persons affected by Sections 44-29-60 to 44-29-140.  HISTORY: 1962 Code Section 32-599; 1952 Code Section 32-599; 1942 Code Section 5044-4; 1932 Code Section 1497; Cr. C. '22 Section 442; 1919 (31) 30; 1988 Act No. 490, Section 9.
 All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:  (a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified;  (b) release is made of medical or epidemiological information with the consent of all persons identified in the information released;  (c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;  (d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person;  (e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report of abuse or neglect is required by Section 63-7-310; or  (f) if a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending a public school in kindergarten through fifth grade, the department shall notify the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends. This notification and information contained in the notification must not be recorded in the child's permanent record. However, if this information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade.  HISTORY: 1978 Act No. 542 Section 2; 1988 Act No. 490, Section 10; 2011 Act No. 34, Section 1, eff June 7, 2011.
 (A) A portion of a person's sexually transmitted disease test results disclosed to a solicitor or state criminal law enforcement agency pursuant to Section 44-29-135(c) must be obtained by court order upon a finding by the court that the request is valid under Section 44-29-135(c) and that there is a compelling need for the test results. In determining a compelling need, the court must weigh the need for disclosure against both the privacy interest of the test subject and the potential harm to the public interest if disclosure deters future Human Immunodeficiency Virus-related testing and counselling or blood, organ, and semen donation. No information regarding persons other than the subject of the test results must be released. The court shall provide the department and the person who is the subject of the test results with notice and an opportunity to participate in the court hearing.  (B) No court may issue an order solely on the basis of anonymous tips or anonymous information. A person who provides information relied upon by a law enforcement agency or solicitor to obtain records under Section 44-29-135(c) shall sign a sworn affidavit setting forth the facts upon which he bases his allegations. This person shall appear and be subject to examination and cross-examination at the hearing to determine whether an order requiring disclosure should be granted.  (C) Pleadings pertaining to disclosure of test results must substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name must be communicated in documents sealed by the court. Court proceedings must be conducted in camera unless the subject of the test results requests a hearing in open court. All files regarding the court proceedings must be sealed unless waived by the subject of the test results.  (D) Upon issuance of an order to disclose the test results pursuant to Section 44-29-135(c), the court may impose appropriate safeguards against the unauthorized disclosure of the information including, but not limited to, specifying who may have access to the information, the purposes for which the information must be used, and prohibitions against further disclosure of the information.  HISTORY: 1990 Act No. 523, Section 1.
 Any person who violates any of the provisions of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, or any regulation made by the Department of Health and Environmental Control pursuant to the authority granted by law, or fails or refuses to obey any lawful order issued by any state, county, or municipal health officer, pursuant to Sections 44-29-60 to 44-29-140, or any other law or the regulations prescribed by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.  HISTORY: 1962 Code Section 32-600; 1952 Code Section 32-600; 1942 Code Section 5044-5; 1932 Code Section 1498; Cr. C. '22 Section 443; 1919 (31) 30; 1941 (42) 97; 1988 Act No. 490, Section 11.
 It is unlawful for a person who knows that he is infected with Human Immunodeficiency Virus (HIV) to:  (1) knowingly engage in sexual intercourse, vaginal, anal, or oral, with another person without first informing that person of his HIV infection;  (2) knowingly commit an act of prostitution with another person;  (3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids;  (4) forcibly engage in sexual intercourse, vaginal, anal, or oral, without the consent of the other person, including one's legal spouse; or  (5) knowingly share with another person a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from the other person's body without first informing that person that the needle, syringe, or both, has been used by someone infected with HIV.  A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than ten years.  HISTORY: 1988 Act No. 490, Section 1; 1990 Act No. 523, Section 2.
 A physician or state agency identifying and notifying a spouse or known contact of a person having Human Immunodeficiency Virus (HIV) infection or Acquired Immunodeficiency Syndrome (AIDS) is not liable for damages resulting from the disclosure.  "Contact" means the exchange of body products or body fluids by sexual acts or percutaneous transmission.  HISTORY: 1988 Act No. 490, Section 1.
 (A) A laboratory, within or outside the State, responsible for performing a test for any of the infectious or other diseases required by the Department of Health and Environmental Control to be reported pursuant to Section 44-29-10, shall report positive or reactive tests to the department. This includes, but is not limited to, all laboratories, within or outside the State, which collect specimens in South Carolina or which receive the initial order for testing from a practitioner, blood bank, plasmapheresis center, or other health care provider located in South Carolina. The department also may require that all results of certain, specifically identified laboratory tests be reported. All reports must be submitted within the time frame and in the form and manner designated by the department.  (B) Laboratories, within or outside the State, which perform tests as described in subsection (A) and which determine positive or reactive test results, shall, if required by the department, provide clinical specimens and isolates to the department or another laboratory designated by the department for further testing to determine incidence and other epidemiological information. These clinical specimens and isolates must be submitted within the time frame and in the form and manner designated by the department. The testing must be performed for epidemiological surveillance only; source consent is not required, and results are not required to be returned to the source patient or physician. The clinical specimens and isolates must be destroyed after tests are successfully completed, unless otherwise directed by the department.  (C) Persons and entities, which are required to report test results to the department pursuant to this section and which send clinical specimens and isolates out of state for testing, are responsible for ensuring that results are reported and clinical specimens and isolates are submitted to the department, or a laboratory designated by the department, as required under this section and related regulations.  (D) If a laboratory forwards clinical specimens and isolates out of state for testing, the originating laboratory retains the duty to comply with this section and related regulations, either by:  (1) reporting the results, providing the name and address of the testing laboratory, and submitting the clinical specimens and isolates to the department; or  (2) ensuring that the results are reported and that the clinical specimens and isolates are submitted to the department or another laboratory designated by the department.  (E) A person, laboratory, or other entity violating a provision of this section or related regulations is subject to a civil monetary penalty of not more than one thousand dollars for the first offense and not more than five thousand dollars for each subsequent offense. Each instance of noncompliance constitutes a separate violation and offense.  HISTORY: 2010 Act No. 166, Section 1, eff May 12, 2010.
 No person will be initially hired to work in any public or private school, kindergarten, nursery or day care center for infants and children until appropriately evaluated for tuberculosis according to guidelines approved by the Board of Health and Environmental Control. Re-evaluation will not be required for employment in consecutive years unless otherwise indicated by such guidelines.  HISTORY: 1962 Code Section 32-691; 1952 Code Section 32-691; 1942 Code Section 5033; 1932 Code Section 5044; Civ. C. '22 Section 2352; 1920 (31) 941; 1979 Act No. 53 Section 1.
 Any person applying for a position in any of the public or private schools, kindergartens, nurseries, or day care centers for infants and children of the State shall, as a prerequisite to employment, secure a health certificate from a licensed physician certifying that such person does not have tuberculosis in an active stage.  HISTORY: 1962 Code Section 32-692; 1952 Code Section 32-692; 1942 Code Section 5034, 1932 Code Section 5045; Civ. C. '22 Section 2353; 1920 (31) 941; 1979 Act No. 53 Section 2.
 The physician shall make the aforesaid certificate on a form supplied by the Department of Health and Environmental Control, whose duty it shall be to provide such forms upon request of the applicant.  HISTORY: 1962 Code Section 32-693; 1952 Code Section 32-693; 1942 Code Section 5035; 1932 Code Section 5046; Civ. C. '22 Section 2354; 1920 (31) 941.
 (A) No superintendent of an institution of learning, no school board or principal of a school, and no owner or operator of a public or private childcare facility as defined in Section 63-13-20 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Health and Environmental Control. Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted.  (B) The Department of Health and Environmental Control shall monitor the immunization status of each child who is enrolled or retained in a licensed child day care facility or a registered church or religious child day care facility. The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Health and Environmental Control for all infants and children.  (C) South Carolina Department of Health and Environmental Control Regulation 61-8, as amended, "Vaccination, Screening and Immunization Regarding Contagious Diseases", and its exemptions apply to this section.  (D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received. A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment. At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, or a valid South Carolina Certificate of Religious Exemption.  (E) Registered family day care homes are exempt from requirements of this section.  HISTORY: 1962 Code Section 32-694; 1952 Code Section 32-694; 1942 Code Section 5040; 1932 Code Sections 5012, 7363; Civ. C. '22 Sections 2323, 4495; Civ. C. '12 Sections 1582, 3061; 1905 (24) 869, 871; 1972 (57) 2767; 1993 Act No. 35, Section 1.
 (A)(1) Beginning with the 2016-2017 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students. Adolescent students include children enrolling in the seventh grade in any school, public, private, or home schooling program in this State.  (2) No student is required to have the cervical cancer vaccination series before enrolling in or attending school. Consent of a parent or guardian is required for a student to receive the cervical cancer vaccination from the department, except as provided under Section 63-5-340.  (B)(1) The department may develop and provide, to each school and home schooling program whose grade levels include grade six, informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically must state the benefits and side effects of the cervical cancer vaccination series and that the vaccination series is optional. The brochure must encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated. At the beginning of the school year, each school and home schooling program may provide this informational brochure to the parents or guardians of all students in the sixth grade.  (2) The department shall disclose the benefits, adverse risks, and side effects of the adolescent vaccination series offered, which must take into account medical findings by the health care profession in this State, another state, or any other country. The department shall encourage the parent or guardian of a student to take the child to the child's own health care provider for a full discussion of the benefits and side effects of receiving any adolescent vaccination series.  (C) For the purposes of this section "cervical cancer vaccination series" means the human papillomavirus vaccination series.  (D) Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccination series to eligible students as well as the availability of funds to produce the informational brochure provided for in subsection (B)(1).  (E) The department may not contract with a health care provider to offer the vaccination series if the health care provider performs abortions.  HISTORY: 2016 Act No. 151 (H.3204), Section 2, eff April 21, 2016.  Editor's Note  2016 Act No. 151, Section 1, provides as follows:  "SECTION 1. This act may be cited as the 'Cervical Cancer Prevention Act'."
 Any person who violates the provisions of Section 44-29-180 is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days.  HISTORY: 1962 Code Section 32-696; 1952 Code Section 32-696; 1942 Code Section 5036; 1932 Code Section 5047; Civ. C. '22 Section 2355; Cr. C. '22 Section 445; 1920 (31) 941; 1972 (57) 2767; 1988 Act No. 490, Section 12.
 (A) A student sent home from school for having pediculosis (head lice) only may return to school upon presentation of evidence of treatment and upon a physical screening conducted by the school nurse or other person designated by the principal indicating an absence of pediculosis.  (B) The department shall make available to eligible families, through the county health departments, products or vouchers for products for the treatment of pediculosis.  For purposes of this subsection, a family is eligible if a child in the family is a student in the public school system and the child receives Medicaid or free or reduced school meals.  HISTORY: 1998 Act No. 302, Section 1.
 Prior to transportation of human remains known to be infected by any dangerous, contagious, or infectious disease into, through, or out of this State or any city, town, or county within this State, the hospital, health or medical clinic, physician, medical facility, person, or other entity in possession of the human remains shall inform any funeral director, ambulance driver, or any other person or entity who is to transport the remains that the remains are infected by a dangerous, contagious, or infectious disease.  In the event that human remains as described above are not to be moved immediately but are to be operated on for purposes of autopsy or otherwise handled, any doctor, technician, or other person charged with the responsibility of handling the remains known to be infected by any dangerous, contagious, or infectious disease must be informed that the remains are so infected.  For the purpose of enforcing this section, the Department of Health and Environmental Control (department) shall make and distribute, at intervals considered necessary by the department, to all hospitals, health or medical clinics, other medical facilities, persons, or other entities who may normally be in possession of human remains a list declaring what diseases are regarded as dangerous, contagious, or infectious and shall classify these diseases and shall designate the diseases as are of so dangerous a character that transportation of human remains infected by them is forbidden except under conditions as prescribed by the department which it considers proper for the transportation of those remains.  HISTORY: 1962 Code Section 32-556; 1952 Code Section 32-556; 1942 Code Section 5046; 1932 Code Section 5024; Civ. C. '22 Section 2334; Civ. C. '12 Section 1588; Civ. C. '02 Section 1094; 1900 (23) 408; 1972 (57) 2496; 1985 Act No. 81, Section 1.
 Any board of education, school trustees, or other body having control of a school, on account of the prevalence of any contagious or infectious diseases or to prevent the spread of disease, may prohibit or limit the attendance of any employee or student at any school or school-related activities under its control. The decision to prohibit or limit attendance must be based on sound medical evidence and must comply with the official procedures adopted by the board for this purpose. Before lifting a prohibition or restriction on attendance, the board may require a satisfactory certificate from one or more licensed physicians that attendance is no longer a risk to others attending school.  Any board acting in good faith and in compliance with the provisions of this section is not liable for damages which may result from its decision. Nothing in this section relieves a board from its responsibilities to provide a student with educational programs and services appropriate to his needs as required by Section 59-20-30.  HISTORY: 1962 Code Section 32-695; 1952 Code Section 32-695; 1942 Code Section 5032; 1932 Code Section 5043; Civ. C. '22 Section 2351; Civ. C. '12 Section 1607; Civ. C. '02 Section 1110; R. S. 965; 1883 (18) 292; 1972 (57) 2806; 1988 Act No. 490, Section 13.
 (A) If the Board of the Department of Health and Environmental Control or the Director of the Department of Health and Environmental Control approves in writing a mass immunization project to be administered in any part of this State in cooperation with an official or volunteer medical or health agency, any authorized employee of the agency, any physician who does not receive compensation for his services in the project, and any licensed nurse who participates in the project, except as provided in subsection (B), is not liable to any person for illness, reaction, or adverse effect arising from or out of the use of any drug or vaccine administered in the project by the employee, physician, or nurse. Neither the board nor the director may approve the project unless either finds that the project conforms to good medical and public health practice.  For purposes of this section, a person is considered to be an authorized employee of an official or volunteer medical or health agency if he has received the necessary training for and approval of the department for participation in the project.  (B) Nothing in this section exempts any physician, licensed nurse, or authorized public health employee participating in any mass immunization project from liability for gross negligence, and the provisions of this section do not exempt any drug manufacturer from any liability for any drug or vaccine used in the project.  HISTORY: 1976 Act No. 703, Sections 1, 2; 1988 Act No. 490, Section 14; 1993 Act No. 181, Section 1099; 2010 Act No. 210, Section 1, eff upon approval (became law without the Governor's signature on June 1, 2010).
 (A) While working with a person or a person's blood or body fluids, if a health care worker or emergency response employee is involved in an incident resulting in possible exposure to bloodborne diseases, and a health care professional based on reasonable medical judgment has cause to believe that the incident may pose a significant risk to the health care worker or emergency response employee, the health care professional may require the person, the health care worker, or the emergency response employee to be tested without his consent.  (B) The test results must be given to the health care professional who shall report the results and assure the provision of post-test counseling to the health care worker or emergency response employee, and the person who is tested. The test results also shall be reported to the Department of Health and Environmental Control in a manner prescribed by law.  (C) No physician, hospital, or other health care provider may be held liable for conducting the test or the reporting of test results under this section.  (D) For purposes of this section:  (1) "Person" means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.  (2) "Emergency response employee" means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies.  (3) "Bloodborne diseases" means Hepatitis B or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.  (4) "Significant risk" means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:  (a) nature of the risk;  (b) duration of the risk;  (c) severity of the risk;  (d) probabilities the disease will be transmitted and will cause varying degrees of harm.  (5) "Health care professional" means a physician, an epidemiologist, or infection control practitioner.  (6) "Health care worker" means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.  (E) The cost of any test conducted under this section must be paid by the:  (1) person being tested;  (2) State in the case of indigents; or  (3) public or private entity employing the health care worker or emergency response employee if the cost is not paid pursuant to subitems (1) and (2) above.  HISTORY: 1988 Act No. 490, Section 2; 1994 Act No. 468, Section 7.
 A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, is encouraged to know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, is encouraged to have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care.  HISTORY: 1996 Act No. 321, Section 2.
 Notwithstanding any other provision of this chapter or a regulation promulgated under this chapter, a person who collects and anonymously submits a sample of the person's own body fluid or tissue for Human Immunodeficiency Virus (HIV) infection testing is not required to report a positive test result, and the test results are confidential. However, the person or laboratory performing the test on an anonymous sample shall report a positive HIV infection test result to the Department of Health and Environmental Control, as well as certification to the Department of Health and Environmental Control that counseling options, including community-based resources, and referrals to appropriate medical providers have been made or offered to the positive subject, but the report must not contain any information identifying the subject of the report or any information that may lead to the identification of the subject of the report.  HISTORY: 1996 Act No. 321, Section 1.  
 Whenever any animal or poultry shall die from any natural or other cause, except from being slaughtered or killed for the use of man, or the dead body thereof be found upon the premises of any person, be he the owner or tenant thereof, the owner of such dead animal or poultry, or the owner or tenant of the lands or premises upon which such dead bodies may be found, shall immediately burn or bury or cause to be burned or buried such dead animal or poultry. When buried, an animal shall be put not less than three feet and poultry not less than one foot under the ground. Any owner of any such dead animal or poultry, knowing that such dead animal or poultry is lying dead upon his premises, or any tenant on premises having such knowledge or having notice thereof, who refuses or fails to bury or burn such dead animal or poultry as aforesaid shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than five dollars or more than one hundred dollars, or be imprisoned for a period of not more than thirty days.  HISTORY: 1962 Code Section 32-557; 1952 Code Section 32-557; 1942 Code Section 5046-1; 1932 Code Section 1492; Cr. C. '22 Sections 434, 437; Cr. C. '12 Section 444; Cr. C. '02 Section 332; 1900 (23) 447; 1912 (27) 704; 1967 (55) 231.
 (A) The Department of Health and Environmental Control shall have general direction and supervision of vaccination, screening, and immunization in this State. The Department of Health and Environmental Control has the authority to promulgate regulations concerning vaccination, screening, and immunization requirements.  (B) The department shall establish a statewide immunization registry and shall promulgate regulations for the implementation and operation of the registry. All health care providers shall report to the department the administration of any immunization in a manner and including such data as specified by the department. The department may make immunization information available to persons and organizations in accordance with state and federal disclosure and reporting laws. The department may seek enforcement of this section and issue civil penalties in accordance with Section 44-1-150.  HISTORY: 1962 Code Section 32-574; 1952 Code Section 32-574; 1942 Code Section 5038; 1932 Code Sections 5010, 7361; Civ. C. '22 Sections 2321, 4493; Civ. C. '12 Sections 1580, 3059; 1905 (24) 869, 871; 1972 (57) 2497; 2010 Act No. 210, Section 2, eff upon approval (became law without the Governor's signature on June 1, 2010).
 Any person who shall fail, neglect or refuse to comply with any regulation of the Department of Health and Environmental Control relating to vaccination, screening or immunization shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.  HISTORY: 1962 Code Section 32-578; 1952 Code Section 32-578; 1942 Code Section 5042; 1932 Code Section 1503; Cr. C. '22 Section 451; Cr. C. '12 Section 441; 1905 (24) 871; 1972 (57) 2523.
 Sexually transmitted diseases which are included in the annual Department of Health and Environmental Control List of Reportable Diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases include all venereal diseases. It is unlawful for anyone infected with these diseases to knowingly expose another to infection.  HISTORY: 1962 Code Section 32-591; 1952 Code Section 32-591; 1942 Code Section 5044; 1932 Code Section 1493; Cr. C. '22 Section 438; 1919 (31) 30; 1988 Act No. 490, Section 3.
 Any physician or other person who makes a diagnosis of or treats a case of a sexually transmitted disease and any superintendent or manager of a hospital, dispensary, health care related facility, or charitable or penal institution in which there is a case of a sexually transmitted disease shall report it to the health authorities according to the form and manner as the Department of Health and Environmental Control directs.  HISTORY: 1962 Code Section 32-593; 1952 Code Section 32-593; 1942 Code Section 5044-1; 1932 Code Section 1494; Cr. C. '22 Section 439; 1919 (31) 30; 1962 (52) 2180; 1988 Act No. 490, Section 4.
 Any laboratory performing a positive laboratory test for a sexually transmitted disease shall make a report of the case or positive laboratory test for a sexually transmitted disease to the Department of Health and Environmental Control in the form and manner as the department directs and shall cooperate with the Department of Health and Environmental Control and local boards of health in preventing the spread of sexually transmitted diseases.  HISTORY: 1962 Code Section 32-593.1; 1962 (52) 1923; 1988 Act No. 490, Section 5.
 State, district, county, and municipal health officers, in their respective jurisdictions, when in their judgment it is necessary to protect the public health, shall make examination of persons infected or suspected of being infected with a sexually transmitted disease, require persons infected with a sexually transmitted disease to report for treatment appropriate for their particular disease provided at public expense, and request the identification of persons with whom they have had sexual contact or intravenous drug use contact, or both. The health officer may isolate persons infected or reasonably suspected of being infected with a sexually transmitted disease. To the extent resources are available to the Department of Health and Environmental Control for this purpose, when a person is identified as being infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency Syndrome (AIDS), his known sexual contacts or intravenous drug use contacts, or both, must be notified but the identity of the person infected must not be revealed. Efforts to notify these contacts may be limited to the extent of information provided by the person infected with HIV. Public monies appropriated for treatment of persons infected with a sexually transmitted disease must be expended in accordance with priorities established by the department, taking into account the cost effectiveness, curative capacity of the treatment, and the public health benefit to the population of the State.  HISTORY: 1962 Code Section 32-594; 1952 Code Section 32-594; 1942 Code Section 5044-2; 1932 Code Section 1495; Cr. C. '22 Section 440; 1919 (31) 30; 1988 Act No. 490, Section 6.
 Municipal corporations of this State may establish and maintain a board of health which shall be authorized by the governing body of the municipality. The composition and method of selection of the board shall be within the discretion of the governing body of the municipality. The duties and powers of the board shall be designated by such governing body. However, the board and its employees shall function under the administration, control, guidance and direction of the Department of Health and Environmental Control. The rules and regulations or operational procedures of any board established hereunder shall not be in conflict with any rule, regulation, or procedure of the Department of Health and Environmental Control, and in the event of any conflict, the rules, regulations and procedures of the Department of Health and Environmental Control shall prevail. Municipal boards of health shall, when requested by the Department of Health and Environmental Control, make reports on their activities to the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-61; 1952 Code Section 32-61; 1942 Code Sections 5027, 5028-1; 1932 Code Sections 1501, 5005; Civ. C. '22 Section 2316; Cr. C. '22 Section 449; Civ. C. '12 Section 1575; Cr. C. '12 Section 439; 1905 (24) 903; 1972 (57) 2288.
 There is hereby created the Catawba Health District consisting of Chester, Lancaster and York Counties. The Catawba Health District shall be a subdivision of the Department of Health and Environmental Control and shall be under the direction and control of the Department of Health and Environmental Control. The Director of the Department of Health and Environmental Control shall appoint, after consultation with the District Advisory Council, a district medical director whose duty it shall be to protect the public health in the district.  HISTORY: 1962 Code Section 32-481; 1973 (58) 226; 1993 Act No. 181, Section 1036.
 There is also hereby created the Catawba Health District Advisory Council. Membership of the Advisory Council shall consist of sixteen members and shall be based upon population and community needs of the district. The initial membership shall consist of three members from Chester County, five members from Lancaster County and eight members from York County, who shall be appointed by the Governor upon the recommendation of the legislative delegations of the respective counties. The members of the Advisory Council shall serve for a term of four years or until their successors are appointed and qualify, except that eight of the sixteen members of the initial Board shall serve for an initial term of two years. The eight members having two-year terms shall be chosen by lot. Advisory Council members shall be appointed for terms commencing July 1, 1973.  HISTORY: 1962 Code Section 32-482; 1973 (58) 226.
 The Catawba Health District Advisory Council shall be subject to the supervisory and advisory control of the Department of Health and Environmental Control. The District Advisory Council shall be charged with the duty of advising the district medical director in all matters of sanitary interest and scientific importance bearing upon the protection of the public health.  HISTORY: 1962 Code Section 32-483; 1973 (58) 226.
 The Advisory Council shall elect a chairman annually from its membership. The district medical director shall be secretary of the Advisory Council.  HISTORY: 1962 Code Section 32-484; 1973 (58) 226.
 The Chester County Health Department, the Lancaster County Health Department and the York County Health Department, including county health officers, medical directors and county administrators, shall be directly responsible to and under the direction and control of the district medical director who shall be responsible to and under the direction and control of the Director of the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-485; 1973 (58) 226; 1993 Act No. 181, Section 1037.
 This article may be cited as the "South Carolina Health Care Professional Compliance Act".  HISTORY: 1992 Act No. 403, Section 8; 1993 Act No. 181, Section 1100.
 As used in this article:  (1) "CDC" means the Centers for Disease Control of the Public Health Service.  (2) "CDC recommendations" means the July 12, 1991, CDC document (MMWR, Volume 40, No. RR-8) entitled "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures" or equivalent guidelines developed by the department and approved by the CDC and any appropriate supplements or revisions thereto.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Educational institutions" means the health professional schools of dentistry, medicine, and nursing and any other educational program or institution providing training for health care professionals.  (5) "Expert review panel" means a panel of experts in composition and function as defined in the CDC recommendations and appointed or approved by the department.  (6) "Health care professional" means a physician, physician's assistant, dentist, dental hygienist, registered nurse, licensed practical nurse, or podiatrist practicing or licensed to practice in South Carolina.  (7) "Licensing board" means these health professional licensing boards which are state agencies and which license and regulate specific health care professions: the State Board of Medical Examiners, the State Board of Nursing for South Carolina, the South Carolina State Board of Dentistry, and the State Board of Podiatry Examiners.  (8) "Public law" means Public Law 102-141, Section 633, enacted October 28, 1991, applicable to health care professionals.  (9) "State public health official" means the director of the department or the director's designee.  HISTORY: 1992 Act No. 403, Section 8; 1993 Act No. 181, Section 1100.
 (A) The department is authorized to ensure and oversee the implementation of Public Law 102-141, Section 633, and applicable CDC recommendations and any appropriate supplements and revisions to the CDC recommendations which apply to health care professionals.  (B) The department shall provide consultation and assistance to licensing boards, as appropriate, to ensure compliance with CDC recommendations.  (C) The department shall appoint at least one or approve an existing expert review panel, consistent with the CDC recommendations in composition and function, whose recommendations must be considered requirements and must be binding upon the affected health care professionals.  HISTORY: 1992 Act No. 403, Section 8.
 If a health care provider, licensed pursuant to the laws of this State, informs his or her patient in writing, which may include use of an electronic medical record device, before treatment that the treatment to be rendered by the health care provider will be provided free of charge, the health care provider is not liable for any civil damages for any personal injury as a result of any act or omission by the health care provider rendering treatment free of charge or failure to act to provide or arrange for further treatment, except acts or omission amounting to gross negligence or wilful or wanton misconduct. For purposes of this section, a health care provider includes a dentist maintaining a restricted volunteer license pursuant to Section 40-15-177, a practitioner maintaining a special volunteer license pursuant to Section 40-47-34, and a chiropractor maintaining a special volunteer license pursuant to Section 40-9-85.  HISTORY: 2016 Act No. 189 (H.4999), Section 1, eff May 25, 2016.
 (A) By October 1, 1992, each licensing board shall adopt the CDC recommendations and shall communicate with its respective health care professionals by written notice of their adoption. This written notice must include information that noncompliance may subject the licensee to disciplinary proceedings before the licensing board. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques.  (B) Each licensing board shall institute disciplinary or other action for violations by its respective health care professionals of the CDC recommendations and any other requirements adopted pursuant to this article.  HISTORY: 1992 Act No. 403, Section 8.
 No member of an expert review panel or licensing board and no person or organization providing consultation to an expert review panel or licensing board may be subject to civil or criminal liability for actions or omissions made during investigations or hearings or made in rulings or decisions when acting within the scope of official duties and while carrying out the responsibilities of this article. No other person providing written or oral information to an expert review panel or a licensing board may be subject to civil or criminal liability for actions taken or statements made in good faith during an investigation or hearing.  HISTORY: 1992 Act No. 403, Section 8.
 (A) An expert review panel is considered a professional committee pursuant to Chapter 71, Title 40, "Liability of Members of Professional Committees". Proceedings, records, and information acquired or produced by the panel are confidential pursuant to Section 40-71-20, except that the expert review panel may notify a person or entity charged with supervision or monitoring of the requirements set forth in Section 44-30-30(3) and must notify the appropriate licensing board and the department of any occurrence of noncompliance by the health care professional with the requirements of the expert review panel.  (B) Nothing in this section affects the duty of a facility or activity licensed by the department to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A).  HISTORY: 1992 Act No. 403, Section 8; 2006 Act No. 372, Section 2, eff June 9, 2006.
 A health care professional who violates a recommendation of the expert review panel as set forth in Section 44-30-40 and related regulations is subject to disciplinary action by the appropriate licensing board. Nothing in this article prohibits the department from taking any action it considers necessary to protect the public health pursuant to Section 44-1-140.  HISTORY: 1992 Act No. 403, Section 8.
 An educational institution providing basic training programs for health care professionals in preparation for licensure in the State shall certify annually to the department that it provides curricula for infection control, universal precautions, and sterilization and disinfection techniques appropriate for health care professionals participating in its education programs.  HISTORY: 1992 Act No. 403, Section 8.
 The department and each licensing board shall promulgate regulations necessary to accomplish the purposes set forth in this article and to comply with public law no later than October 1, 1992. All orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time, and name of persons who gave the order, and the signature of the person taking the order. The Department of Health and Environmental Control shall promulgate regulations consistent with this provision.  HISTORY: 1992 Act No. 403, Section 8; 1999 Act No. 85, Section 2.
 Every attending physician and chief administrative officer having charge of any hospital, clinic, dispensary or other similar private or public institution in the State shall make a report in writing, on a form to be furnished by the Department of Health and Environmental Control, on every person known by the physician to have tuberculosis or on every patient in the care of such administrator. Such report shall be filed within twenty-four hours after the patient is known by the physician to have tuberculosis or after such patient comes into the care of the administrator.  The report shall contain the name, age, sex, race, occupation, place where last employed if known, and the address or previous address in the case of a patient reported on, and the reporting physician or officer shall also give evidence upon which the diagnosis of tuberculosis has been made, the part of the body affected, and the stage of the disease. All cases in which sputum, urine, feces, pus, or any other bodily discharge, secretion, or excretion contains the tubercle bacillus, shall be regarded as active infectious cases of tuberculosis.  HISTORY: 1962 Code Section 32-640; 1970 (56) 2044.
 (A) The General Assembly finds that:  (1) Pulmonary tuberculosis is a life-threatening airborne disease. Tuberculosis has reemerged as an epidemic disease nationally. The number and types of cases in South Carolina each year, including drug-resistant tuberculosis, demonstrate that timely, effective public health intervention is necessary to prevent an epidemic and to protect the residents of this State.  (2) In order to limit the spread of tuberculosis, it is essential that persons with the disease are diagnosed and treated before they infect others. Diagnosis requires a variety of methodologies, including skin tests, x-rays, blood tests, and laboratory analysis of sputum samples.  (3) A person with tuberculosis who does not voluntarily submit to appropriate testing, treatment, or infection control methods poses an unreasonable risk of spreading the disease to those who come into contact with the person.  (4) Although the recommended course of treatment for tuberculosis varies somewhat from one individual to another, at a minimum, effective treatment requires a long-term regimen of multiple drug therapy. The development of the appropriate course of treatment for any one individual may require trying different combinations of drugs and repeated drug susceptibility testing. The course of treatment may require as long as several years to complete.  (5) A noninfectious person who begins a course of treatment for tuberculosis and fails to follow the recommended course through to completion is highly likely to become infectious. The person can infect others and possibly develop drug-resistant tuberculosis, which is more difficult to treat, and more likely to result in death. A person who is infectious with multi-drug resistant tuberculosis poses a significant risk of transmitting drug-resistant tuberculosis to other persons, unless appropriate treatment and infection control methods are followed. It is therefore critical that individuals with tuberculosis, whether infectious or not, complete a course of treatment to avoid relapse, infectiousness, and drug resistance.  (B) The purposes of this article are to:  (1) assure the timely diagnosis, treatment, and prevention of tuberculosis;  (2) provide appropriate individualized preventive and curative treatment to the people of South Carolina in the least restrictive setting; and  (3) protect the public from the spread of infectious tuberculosis.  HISTORY: 2011 Act No. 53, Section 1, eff June 14, 2011.
 (A) If the Department of Health and Environmental Control determines that the public health or the health of any individual is endangered by a case of tuberculosis, or a suspected case of tuberculosis, the commissioner, or his or her designee, may issue an emergency order he or she considers necessary to protect the public health or the health of any person, and law enforcement shall aid and assist the department in accordance with Section 44-1-100.  (B) An emergency order issued pursuant to this section may include, but is not limited to:  (1) authorizing the emergency removal to and detention in a hospital or other treatment facility for examination of a person who is unable or unwilling to voluntarily submit to an examination by a physician or by the department for the purpose of determining whether the person is infected with active tuberculosis and presents a danger to himself or others;  (2) requiring compliance with an appropriate, prescribed course of medication for tuberculosis and contagion precautions;  (3) requiring compliance with a course of directly observed therapy in which the prescribed antituberculosis medication is administered under direct observation as specified by the department;  (4) authorizing the emergency removal to and isolation in a hospital or other treatment facility of a person who fails to comply with an emergency order issued by the department, fails to comply with a medically ordered treatment regimen, and presents a substantial risk and likelihood of exposure of active tuberculosis to other persons;  (5) requiring the emergency detention and isolation by a hospital of a hospital patient with active tuberculosis disease who is threatening or attempting to leave the hospital against medical advice.  (C) An emergency order issued pursuant to this section must include:  (1) an individualized assessment of the person's circumstances or behavior, or both, constituting the basis for the issuance of the order;  (2) the purposes of the isolation or detention;  (3) notice that the respondent has the right to request release from isolation and detention by contacting a person designated in the order; and  (4) in the absence of a court order, that the detention must not continue for more than thirty days.  (D) The probate court shall enforce the provisions of an emergency order issued pursuant to this section. If a person being isolated or detained pursuant to an emergency order requests release from isolation or detention, the department, within three working days of the request for release, shall file a petition in the probate court of the county in which the person is being held seeking continued isolation or detention. The probate court must schedule a hearing to review the request for continued isolation or detention within ten days of the filing of the petition.  HISTORY: 2011 Act No. 53, Section 1, eff June 14, 2011.
 (A) When it is brought to the attention of a Department of Health and Environmental Control health officer that a person with active tuberculosis is unable or unwilling to conduct himself so as not to expose others to danger, the department shall issue an emergency order pursuant to Section 44-31-105 or file a petition in the probate court of the county in which the person resides or is situated seeking commitment of the person to a facility for isolation and treatment. In case of the absence of the health officer or the department's failure to act, any other interested person may petition the probate court for commitment of the person for isolation and treatment. A petition seeking commitment must be based on proper records and affidavits.  (B) The probate court may waive the requirement of notice to the person who is the subject of the emergency order or petition seeking commitment if the health officer demonstrates that the person is:  (1) hiding from the health department staff;  (2) evading attempts by health department staff or law enforcement to serve notice of the proceedings; or  (3) refusing to accept service of pleadings or motions.  HISTORY: 1962 Code Section 32-631; 1952 Code Section 32-631; 1948 (45) 1934; 2011 Act No. 53, Section 1, eff June 14, 2011.
 If the judge of probate, after notice and hearing, is satisfied that the petition is well founded, the judge may commit the person to a facility designated by the department, and the commitment continues until the department notifies the probate judge that the person is no longer a threat to the public's health.  HISTORY: 1962 Code Section 32-632; 1952 Code Section 32-632; 1948 (45) 1934; 1953 (48) 149; 1973 (58) 240; 2011 Act No. 53, Section 1, eff June 14, 2011.
 A person committed to a facility under the terms of this article has the right to appeal to a court having jurisdiction for review of the evidence under which the person was committed. The order of commitment must not be stayed pending appeal.  HISTORY: 1962 Code Section 32-633; 1952 Code Section 32-633; 1948 (45) 1934; 2011 Act No. 53, Section 1, eff June 14, 2011.
 If a person committed to a facility pursuant to this article leaves without permission or, in the opinion of the department, endangers the public, staff, or other patients, the department is empowered to isolate and forceably detain the person if necessary until such time as the person no longer poses a risk to others.  HISTORY: 1962 Code Section 32-634; 1952 Code Section 32-634; 1948 (45) 1934; 1953 (48) 149; 1972 (57) 2605; 2011 Act No. 53, Section 1, eff June 14, 2011.
 A person committed under the provisions of this article who is detained solely for treatment or isolation in a facility designated by the department may not be committed to a local detention facility.  HISTORY: 1962 Code Section 32-637; 1952 Code Section 32-637; 1948 (45) 1934; 1953 (48) 149; 1972 (57) 2289; 2011 Act No. 53, Section 1, eff June 14, 2011.
 If a person lawfully detained or committed pursuant to this article to a facility leaves the facility without permission of the attending physician, the department shall report this information to the judge of probate of the county from which the patient was committed, and the judge of probate shall call upon the sheriff of the county to return the patient to the facility or to a secure prison facility if necessary.  HISTORY: 1962 Code Section 32-635; 1952 Code Section 32-635; 1948 (45) 1934; 1953 (48) 149; 1972 (57) 2604; 2011 Act No. 53, Section 1, eff June 14, 2011.
 A person must not be required to take compulsory treatment under the provisions of this article until two physicians licensed to practice in this State certify that the person sought to be confined for treatment has tuberculosis in a contagious state and constitutes a danger to the health of others unless the person is hospitalized and given treatment. An examination conducted pursuant to Section 44-31-105 of a person with suspected tuberculosis is not compulsory treatment.  HISTORY: 1962 Code Section 32-636; 1952 Code Section 32-636; 1948 (45) 1934; 1973 (58) 259; 2011 Act No. 53, Section 1, eff June 14, 2011.
 No provision of this article may be construed as interfering with the ordinary admission of tuberculosis patients to a facility through channels that have customarily been followed in the past, and this article applies only to cases that have proved to be beyond ordinary, reasonable methods of control. This article does not apply to persons suffering from mental illness; these persons must be treated by the Department of Mental Health.  HISTORY: 1962 Code Section 32-638; 1952 Code Section 32-638; 1948 (45) 1934; 1953 (48) 149; 1972 (57) 2605; 2011 Act No. 53, Section 1, eff June 14, 2011.
 (1) All bacteriological and pathological laboratories rendering diagnostic service shall report to the Department of Health and Environmental Control, within twenty-four hours after diagnosis, the full name and other available data relating to the person whose sputa, gastric contents, or other specimens submitted for examination reveal the presence of tubercle bacilli. Such report shall include the name and address of the physician or of any other person or agency referring such positive specimen for clinical diagnosis.  (2) All reports and records of clinical or laboratory examination, for the presence of tuberculosis, shall be confidential and recorded in a register maintained by the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-641; 1970 (56) 2044.
 The department may promulgate regulations to carry out the purposes and provisions of this chapter.  HISTORY: 2011 Act No. 53, Section 1, eff June 14, 2011.
 Authorized personnel of the Department of Health and Environmental Control may inspect all medical records of all public and private institutions and clinics where tuberculosis patients are treated, and shall provide consultation services to officers of State educational, correctional, and medical institutions regarding the control of tuberculosis and the care of patients or inmates having tuberculosis.  HISTORY: 1962 Code Section 32-642; 1970 (56) 2044.
 The county supervisors and governing bodies of the respective counties shall provide in the jails or places of confinement where prisoners are committed for keeping or sentenced to a term of imprisonment separate cells, rooms or places in which shall be confined all prisoners who may be committed for keeping or sentenced to a term of imprisonment who are affected with tuberculosis.  HISTORY: 1962 Code Section 32-651; 1952 Code Section 32-651; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196.
 The county supervisor or sheriff of any county, when a prisoner or inmate is placed in his custody who the official has reason to suspect is suffering with tuberculosis, shall have such prisoner or inmate examined by a physician and if such prisoner or inmate shall be pronounced by the examining physician as a tuberculous person, then the prisoner or inmate shall be placed in the separate cell, room or place provided for by Section 44-31-310.  HISTORY: 1962 Code Section 32-652; 1952 Code Section 32-652; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196.
 The jailer, keeper or warden of every place of confinement designated in this article shall have all prisoners and inmates who are suspected to be suffering with tuberculosis examined within five days after they have been committed.  HISTORY: 1962 Code Section 32-653; 1952 Code Section 32-653; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196.
 Superintendents and boards of directors of all State penal and charitable institutions shall provide separate places of confinement for all prisoners and inmates who have been pronounced by the physician in charge as tuberculous persons.  HISTORY: 1962 Code Section 32-654; 1952 Code Section 32-654; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196.
 Nothing in this article shall be so construed as to interfere with or prevent the county authorities from working or housing together all prisoners on public works as provided by law.  HISTORY: 1962 Code Section 32-656; 1952 Code Section 32-656; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196.
 A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years.  HISTORY: 1962 Code Section 32-657; 1952 Code Section 32-657; 1942 Code Section 5045; 1932 Code Section 1499; Cr. C. '22 Section 444; 1915 (29) 196; 1993 Act No. 184, Section 235.
 All powers, duties, personnel, funds and personal property of the State Park Health Center are hereby transferred to the Department of Health and Environmental Control. The title to all real property is hereby vested in the State of South Carolina, to be administered by the State Department of Administration.  HISTORY: 1962 Code Section 32-885.1; 1972 (57) 2807.
 Patients who are able to pay for their medical care and hospitalization shall be required to do so.  HISTORY: 1962 Code Section 32-891; 1953 (48) 149.
 There is hereby created the Tuberculosis Control Advisory Committee to be appointed by the Governor, upon the recommendation of the Department of Health and Environmental Control.  The Committee shall consist of six members who shall serve for terms of two years and until their successors are appointed and qualify. The present chairman of the South Carolina Sanatorium Board shall be appointed as an original member of the Committee.  The other five members shall consist of: two practicing physicians (one from the South Carolina Thoracic Society and one from the South Carolina Medical Association); one representative from the South Carolina Department of Social Services; one representative from the South Carolina Vocational Rehabilitation Department; and one representative from the South Carolina Tuberculosis Association.  The Committee shall advise the Department of Health and Environmental Control in all matters relating to the control, prevention and treatment of tuberculosis and chronic respiratory diseases.  HISTORY: 1962 Code Section 32-11; 1968 (55) 2453.
 As used in this chapter:  (1) "Body piercing" means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" for the purpose of this chapter does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.  (2) "Department" means the Department of Health and Environmental Control.  (3) "Body piercing facility" means any room, space, location, area, structure, or business, or any part of any of these places, where body piercing is practiced or where the business of body piercing is conducted.  (4) "Body piercing technician" means a person who practices body piercing and who meets the requirements of this chapter.  HISTORY: 2000 Act No. 249, Section 1.
 On or after October 1, 2000, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.  HISTORY: 2000 Act No. 249, Section 1.
 This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.  HISTORY: 2000 Act No. 249, Section 1.
 (A) It is unlawful for a person to perform or offer to perform body piercing upon a person under the age of eighteen years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.  (B) This section does not apply to the body piercing of an emancipated minor.  (C) The minor upon whom body piercing is performed, or the parent or legal guardian of that minor or any other minor, is not liable for punishment pursuant to this section.  (D) Body piercing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to body piercing and incapable of understanding body piercing procedures and aftercare suggestions.  (E) Body piercing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.  (F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.  (G) All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter.  HISTORY: 2000 Act No. 249, Section 1.  
 (A) The Department of Health and Environmental Control shall establish sterilization, sanitation, and safety standards for persons engaged in the business of body piercing. The department shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.  (B) Prior to applying to the department for a permit, a body piercing facility must ensure that all body piercing technicians obtain a certificate attesting to the successful completion of a course in blood- borne pathogens and body piercing infection control as approved by the department; the body piercing facility must then apply for and obtain a permit issued by the department, who shall issue such permits, renewable annually, upon presentation of a certificate of each body piercing technician's initial and annual certification of successful completion of a course in blood-borne pathogens and body piercing infection control and payment of an annual permitting fee of three hundred dollars per body piercing facility.  HISTORY: 2000 Act No. 249, Section 1.
 A body piercing technician must observe the following infection control precautions at all times:  (1) The technician must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure.  (2) When necessary for the technician to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.  (3) The technician must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect.  (4) All needles, instruments and other surgical equipment, and body piercing items or jewelry must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.  (5) Prior to any direct contact with the client, the technician must sterilely place all sterile instruments and body piercing items or jewelry on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Re-gloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments, jewelry, or field must immediately result in cessation of the procedure and nonuse of all equipment until re-sterilized.  (6) The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction.  (7) The use of gauze, alum, styptic pencils, or medical supplies deemed necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.  (8) The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department.  (9) All used surgical equipment intended for reuse must be properly scrubbed clean of visible materials and soaked for a minimum of twenty minutes in a germicidal solution approved by the department and used in accordance with the manufacturer's direction prior to being re-sterilized by autoclave.  (10) Each body piercing facility must keep a written log for two years of autoclave use, to include (but not be limited to) date and time of use and sterilization spore test strip results done at least monthly.  (11) The technician must allow and cooperate with on-site inspections as deemed necessary by the department.  (12) A body piercing facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for body piercing procedures to avoid cross-contamination of equipment.  HISTORY: 2000 Act No. 249, Section 1.
 (A) Every person engaged in the business of body piercing shall register by October 1, 2000, with the department. Upon completion of all the requirements of permitting, the body piercing facility shall receive a body piercing permit. A permitted facility shall:  (1) obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;  (2) provide the department with its business address and the address at which the permittee performs any activity regulated by this chapter;  (3) pay an annual permit fee of three hundred dollars to the department;  (4) post the body piercing facility permit in a conspicuous place on the premises of a licensed body piercing facility.  (B) The department may charge an additional amount if necessary to cover the cost of inspection.  (C) Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.  HISTORY: 2000 Act No. 249, Section 1.
 (A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display:  (1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and  (2) the annual permit issued by the department.  (B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.  (C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department.  HISTORY: 2000 Act No. 249, Section 1; 2008 Act No. 206, Section 2, eff May 14, 2008.
 (A) The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:  (1) an initial inspection which must be successfully completed as a condition of permitting;  (2) an inspection after any complaint is filed with the department; and  (3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility.  (B) Each body piercing location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which body piercing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a body piercer uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific piercing site.  (C) A body piercing technician shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, "picture identification" means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.  (D) A person who has his or her body pierced while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.  HISTORY: 2000 Act No. 249, Section 1.
 (A) A department may adopt regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department and promulgated by regulations by the department.  (B) This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.  HISTORY: 2000 Act No. 249, Section 1.
 The department may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a body piercing facility on probation upon proof that the operator of the facility under this chapter has:  (1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;  (2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;  (3) obtained a body piercing facility license through fraud or deceit; or  (4) violated any applicable law or regulation.  HISTORY: 2000 Act No. 249, Section 1.
 The Department of Health and Environmental Control is hereby authorized to initiate a sickle cell education and prevention program based entirely upon voluntary cooperation of the individuals involved. The program shall provide:  (1) laboratory testing of citizens in the reproductive ages to determine the presence of the sickle cell gene;  (2) counselling for persons identified as carriers of the sickle cell gene, for the purpose of educating these persons about the risk of a child of the person inheriting sickle cell disease;  (3) referral of persons with sickle cell disease, as necessary, so that they may obtain proper medical care and treatment, to include pain management; and  (4) basic education to the general public about sickle cell disease, so as to eradicate the stigma attached to the disease.  HISTORY: 1962 Code Section 32-562; 1972 (57) 3013; 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.  Effect of Amendment  2022 Act No. 206, Section 2, redesignated (a) to (d) as (1) to (4); in (1), substituted "citizens" for "black citizens"; in (2), substituted "educating these persons about the risk of a child of the person inheriting sickle cell disease" for "preventing sickle cell anemia in the future offspring of such carriers"; in (3), substituted "disease" for "anemia" and inserted ", to included pain management; and" at the end; in (4), substituted "the disease" for "this malady"; and made nonsubstantive changes throughout.
 The South Carolina Department of Health and Environmental Control shall develop and maintain the Sickle Cell Disease Voluntary Patient Registry for residents of the State who have been diagnosed with sickle cell disease. The purpose of the registry is to:  (1) enable individuals diagnosed with sickle cell disease to register so that physicians and other health care practitioners providing care to the patient may confirm whether the individual has been diagnosed with sickle cell disease; and  (2) collect and study data on the incidence and nature of sickle cell disease in the State to improve patient care and access to services.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 (A) If a physician diagnoses a patient with sickle cell disease, the physician shall notify the patient of the Sickle Cell Disease Voluntary Patient Registry and the right to register as a person having sickle cell disease. The physician shall provide the patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, a form on which to request registration. Upon receipt of a patient registration request, the physician shall register the patient.  (B) To register a patient, the physician shall submit electronically on a form developed by the department the name, mailing address, and date of birth of the patient. If the patient is a minor or is incapacitated, the physician also shall submit the name and mailing address of the patient's parent or caregiver.  (C) By submitting the form to the registry, the physician is affirming that the patient has a diagnosis of sickle cell disease and that the diagnosis was made by the physician or that the physician has reviewed the patient's medical records which reflect a past diagnosis of sickle cell disease by another physician.  (D) The department may issue a waiver to a physician who is unable to submit the information by electronic means and permit registration by paper form or other means if all information required pursuant to subsection (B) is submitted in this alternative format.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 (A) The information submitted to the department to register a patient with the Sickle Cell Disease Voluntary Patient Registry is confidential and not subject to public disclosure under the Freedom of Information Act or any other provision of law, except as provided in subsection (C).  (B) The department shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in subsection (C).  (C) The department may provide a copy of the registration to:  (1) a physician or other health care practitioner licensed and in good standing in South Carolina or another state who is treating a patient and who requests the information after certifying that the patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, has indicated that the patient has submitted a registration and would like the physician or other health care practitioner to verify the registration;  (2) a patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, who requests the patient's own sickle cell patient registry registration information in accordance with procedures established by the department;  (3) personnel of the department for purposes of administration and implementation of this article; and  (4) qualified health care researchers and other personnel for the purpose of bona fide research or education to promote the purposes of this article; however, data elements that would reasonably identify a specific patient, physician, or other health care practitioner, must be deleted or redacted from such information before disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this item.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 The information maintained in the Sickle Cell Disease Voluntary Patient Registry may not be released to or used by an entity responsible for the licensure, regulation, or discipline of physicians or other health care practitioners for any purpose.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 A patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, may revoke the registration at any time by notifying the department in accordance with procedures established by the department.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 A physician or other health care practitioner is prohibited from accessing the registry if a patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, has not requested the physician or other health care practitioner to verify the patient's registration.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 A patient is obligated to update contact information that is maintained in the registry after initial registration by a physician in accordance with procedures established by the department.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 The department shall promulgate regulations and develop procedures and guidelines to implement the provisions of this article.  HISTORY: 2022 Act No. 206 (H.3166), Section 2, eff May 23, 2022.
 As used in this chapter:  (1) "Department" means the Department of Health and Environmental Control.  (2) "Tattoo facility" means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.  (3) "Tattoo artist" means a person who practices body tattooing and who meets the requirements of this chapter.  (4) "Tattoo or tattooing" means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of eighteen years.  (B) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.  (C) Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.  (D) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions.  (E) It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.  (F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.  (G) All licensing fees and monetary penalties collected must be remitted to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004; 2010 Act No. 133, Section 2, eff March 30, 2010.
 (A)(1) The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.  (2) As used in this subsection:  (a) "Church" means an establishment, other than a private dwelling, where religious services are usually conducted.  (b) "School" means an establishment, other than a private dwelling where the usual processes of education are usually conducted.  (c) "Playground" means a place, other than grounds at a private dwelling that is provided by the public or members of a community for recreation.  (3) The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department.  (B) An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.  (C) A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection. The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.  
 (A) The Department of Health and Environmental Control must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department must provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified in accordance with the Administrative Procedures Act as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.  (B) Prior to performing tattooing procedures, a tattoo facility must apply for and obtain a license issued by the department that shall be effective for a specified time period following the date of issue as determined by the department. To obtain a license, the tattoo facility must:  (1) obtain a copy of the department's standards and commit on the application to meet those standards;  (2) provide the department with its business address and the address at which the licensee would perform any activity regulated by this chapter;  (3) provide to the department a certificate of each tattoo artist's initial certification of successful completion of courses in bloodborne pathogens and tattoo infection control as approved by the department and a current American Red Cross First Aid Certificate and an Adult Cardiopulmonary Resuscitation (CPR) Certification obtained from the American Red Cross or the American Heart Association;  (4) remit to the department an initial and subsequently an annual license renewal fee of an amount set by the department;  (5) provide to the department a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction;  (6) be in substantial compliance with department standards as determined by an initial license inspection conducted by the department.  (C) A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 (A) A tattoo artist must comply with the following infection control measures or standards at all times:  (1) wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure;  (2) when necessary to perform a procedure on certain individuals who must undergo shaving of hair, use only a single-use disposable razor and clean the skin with a liquid germicidal solution approved by the department and used in accordance with the manufacturer's directions;  (3) use single-use sterile disposable gloves when setting up equipment and single-use sterile disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect;  (4) when conducting a procedure, use single-use disposable needles and injection equipment which are designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client;  (5) properly sterilize by autoclave all reusable instruments and other tattooing items other than inks and sterilely packaged and labeled with the date of sterilization and a sterile indicator;  (6) prior to any direct contact with the client, place in a sterile manner all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized;  (7) scrub the skin of the client in a sterile surgical manner with a liquid germicidal solution approved by the department and used in accordance with the manufacturer's direction; and  (8) dispose of single-use needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department.  (B) The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.  (C) The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.  (D) Each tattoo facility must keep a current written log for the previous two years of autoclave use including, but not limited to, the date and time of use and results of sterilization spore test strip tests performed at least monthly.  (E) A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment, and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment. Flooring in each room must be composed of material which is sanitizable.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 (A) The department may charge an additional amount if necessary to cover the cost of inspection.  (B) Fees and monetary penalties established by this chapter must be used exclusively in support of activities pursuant to this chapter.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 (A) A tattoo artist must be at least twenty-one years old and must possess a certificate of successful completion, on an annual basis, of a course in blood borne pathology and tattoo infection control as approved by the department, a current American Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification obtained either from the American Red Cross or the American Heart Association. A tattoo artist must conspicuously display in a public area on the premises of the tattoo facility the certificates of successful completion of a course in CPR, first aid, blood borne pathogens, and tattoo infection control.  (B) A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.  (C) The tattoo artist must allow and cooperate with on-site inspections and investigations as considered necessary by the department and must address by corrective action the noncompliance items as identified by the department.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 (A) The department may conduct unannounced inspections or complaint investigations of the locations at which tattooing, as applicable to this chapter, is being performed.  (B) Each tattoo facility location must conspicuously display in a public area on the premises of the licensed tattoo facility:  (1) a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form utilized by a tattoo artist. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site;  (2) the tattoo facility license issued by the department.  (C) A tattoo artist must verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, "picture identification" means:  (1) a valid driver's license; or  (2) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.  (D) A person who has his or her body tattooed while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004; 2010 Act No. 133, Section 1, eff March 30, 2010.
 (A) The department must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter.  (B) This chapter does not limit the department's ability to require a potential licensee to obtain any business license or permit that the department finds appropriate.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 The department may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke a monetary penalty upon evidence as determined by the department that the licensee of the facility under this chapter has:  (1) failed to maintain a business address or telephone number at which the tattoo facility may be reached during business hours;  (2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;  (3) obtained a tattoo facility license through fraud or deceit; or  (4) violated any applicable law or regulation.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.  HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.
 The Department of Health and Environmental Control, in conjunction with hospitals and entities throughout the State, shall formulate a plan for cancer prevention, detection, and surveillance programs and for care of persons suffering from cancer to meet standards of care set forth by nationally recognized and approved accrediting bodies.  HISTORY: 1962 Code Section 32-611; 1952 Code Section 32-611; 1942 Code Section 5008; 1939 (41) 464; 1972 (57) 2498; 1996 Act No. 352, Section 2.
 The reporting requirements provided for in Section 44-35-30 are suspended if adequate funding is not provided to the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-620; 1952 Code Section 32-620; 1942 Code Section 5008; 1939 (41) 464; 1972 (57) 2499; 1996 Act No. 352, Section 2.  
 (A) There is established the South Carolina Central Cancer Registry and, to the extent funds are available, the Department of Health and Environmental Control shall administer this as a statewide population-based registry of cancer cases with a diagnosis date after December 31, 1995.  (B) The purpose of the registry is to provide statistical information that will reduce morbidity and mortality of cancer in South Carolina. This information must be used to guide cancer control effort in the State by assisting in prevention and early detection of cancer, extending the life of the cancer patient, identifying high-risk groups or areas in the State with cluster of cancer cases, and improving cancer treatment.  (C) The registry shall receive, compile, analyze, and make available epidemiological and aggregate clinical cancer case information collected from all health care providers who diagnose and/or treat cancer patients in this State. The registry shall meet national standards of completeness and timeliness of case reporting and quality of data. Annual reports of aggregate cancer data must be provided to reporting facilities and physicians in the State.  HISTORY: 1962 Code Section 32-612; 1952 Code Section 32-612; 1947 (45) 539; 1952 (47) 1875; 1996 Act No. 352, Section 2.
 (A) A provider who diagnoses and/or treats cancer patients and does not report to a regional cancer registry shall report specific case information to the registry in accordance with regulations promulgated by the Department of Health and Environmental Control. These regulations shall include, but are not limited to, the reportable case listing, data elements to be collected, the content and design of forms and reports required by this section, the procedures for disclosure of information gathered by the registry, and other matters necessary to the administration of this section. The regulations shall include these data elements:  (1) complete demographic information;  (2) occupational and industrial information to the extent available;  (3) date and confirmation of initial diagnosis;  (4) pathological information characterizing the cancer, including cancer site and cell type, stage of disease, and initial treatment information, to the extent available, in the medical record.  A provider participating in a regional registry is not required to report to the Central Cancer Registry. Reporting providers must not incur additional expense in providing information to the registry.  (B) Regional registries shall report data on behalf of providers in their area to the Central Cancer Registry.  HISTORY: 1962 Code Section 32-613; 1952 Code Section 32-613; 1947 (45) 539; 1952 (47) 1875; 1980 Act No. 303, Section 1; 1996 Act No. 352, Section 2.
 Information that could identify the cancer patient must be kept strictly confidential in accordance with the administrative policy of the Department of Health and Environmental Control. This information must not be open for inspection except by the individual patient or the patient's authorized representative. Procedures for the disclosure of confidential information to researchers for the purposes of cancer prevention, control, and research must be promulgated in regulations. The data release protocol developed in coordination with the Revenue and Fiscal Affairs Office, must be utilized by the registry to determine appropriate use and release of cancer registry data.  HISTORY: 1962 Code Section 32-614; 1952 Code Section 32-614; 1947 (45) 539; 1980 Act No. 303, Section 2; 1996 Act No. 352, Section 2.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
 Sections 44-35-10 through 44-35-100 may be cited as the Central Cancer Registry.  HISTORY: 1996 Act No. 352, Section 2.
 The registry shall coordinate, to the fullest extent possible, with the Revenue and Fiscal Affairs Office, for the complete, timely, and accurate collection and reporting of cancer data.  HISTORY: 1962 Code Section 32-615; 1952 Code Section 32-615; 1947 (45) 539; 1972 (57) 2289; 1980 Act No. 301, Section 1; 1996 Act No. 352, Section 2.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
 A provider or regional registry making a case report or providing access to cancer case information to the registry is immune from any civil or criminal liability that might otherwise be incurred or imposed.  HISTORY: 1962 Code Section 32-616; 1952 Code Section 32-616; 1947 (45) 539; 1972 (57) 2500; 1980 Act No. 303, Section 3; 1996 Act No. 352, Section 2.
 The Department of Health and Environmental Control may, to the extent of and within the available funds which may be provided, acquire laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the department considers advisable to afford proper treatment and care to cancer patients in this State and to carry out the intent and purpose of this chapter.  HISTORY: 1962 Code Section 32-617; 1952 Code Section 32-617; 1947 (45) 539; 1980 Act No. 303, Section 4; 1996 Act No. 352, Section 2.
 The Department of Health and Environmental Control may furnish aid to cancer patients who are residents of this State to the extent of and within the available funds as the department considers proper. The department may administer this aid in any manner which, in its judgment and with the approval of the Cancer Control Advisory Committee, provided for in Section 44-35-90, will afford greater benefit for the prevention, detection, and control of cancer throughout the State.  HISTORY: 1962 Code Section 32-618; 1952 Code Section 32-618; 1947 (45) 539; 1996 Act No. 352, Section 2.
 There is established within the Department of Health and Environmental Control the Cancer Control Advisory Committee. The department shall appoint the members of the committee which must consist of qualified physicians, researchers, other experts engaged professionally in cancer prevention and care in South Carolina, and health care consumers. The committee shall advise and make recommendations to the department about the formulation and implementation of a comprehensive cancer prevention and control program through its review of cancer control services throughout the State. The committee shall:  (1) advise the department on professional issues pertaining to cancer prevention, detection, care and surveillance;  (2) participate in the evaluation of cancer programs and services offered through the department;  (3) serve as advocates for the poor and underserved patients through support of the state-aid cancer clinics;  (4) assist the department in maintaining liaison with the community and other health care providers; and  (5) advise the department on the administration of available funds for the prevention, detection, care, and surveillance of cancer.  HISTORY: 1962 Code Section 32-619; 1952 Code Section 32-619; 1942 Code Section 5008; 1939 (41) 464; 1996 Act No. 352, Section 2.
 (A) There is established within the University of South Carolina School of Public Health the Alzheimer's Disease Registry to provide a central information data base on individuals with Alzheimer's disease or related disorders to assist in the development of public policy and planning.  (B) The functions of the registry include, but are not limited to:  (1) collecting data to evaluate the incidence, prevalence, and causes of Alzheimer's disease and related disorders in South Carolina;  (2) providing information for policy planning purposes; and  (3) providing nonidentifying data to support research on Alzheimer's disease and related disorders.  (C) In gathering data the registry shall rely upon, to the extent possible, data from existing sources; however, the registry may contact families and physicians of persons reported to the registry for the purpose of gathering additional data and providing information on available public and private resources. The registry is authorized to conduct follow-back studies, prospective studies of the progression and treatment of Alzheimer's disease and related disorders, and research on caregiving for individuals with Alzheimer's disease or a related disorder, on services used by individuals with Alzheimer's disease or a related disorder, and on causes of Alzheimer's disease and related disorders that examine risks associated with area of residence. Patient contact following data received from the Revenue and Fiscal Affairs Office must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Revenue and Fiscal Affairs Office. Caregivers must provide informed consent to participate in research on caregiving.  HISTORY: 1990 Act No. 532, Section 1; 1995 Act No. 75, Section 1; 2009 Act No. 31, Section 1, eff June 2, 2009.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
 (A) The School of Public Health shall appoint an advisory committee to assist in maintaining this registry which must include, but is not limited to, a representative of:  (1) South Carolina Alzheimer's Association chapters;  (2) American Association of Retired Persons, South Carolina Chapters;  (3) Clemson University;  (4) Department of Disabilities and Special Needs;  (5) Department of Health and Environmental Control;  (6) Department of Mental Health;  (7) Department of Social Services;  (8) Department of Health and Human Services;  (9) Medical University of South Carolina;  (10) National Association of Social Workers, South Carolina Chapter;  (11) South Carolina Adult Day Care Association;  (12) South Carolina Association of Area Agencies on Aging;  (13) South Carolina Association of Council on Aging Directors;  (14) South Carolina Association of Nonprofit Homes for the Aging;  (15) South Carolina Association of Residential Care Homes;  (16) South Carolina Health Care Association;  (17) South Carolina Home Care Association;  (18) South Carolina Hospital Association;  (19) South Carolina Medical Association;  (20) South Carolina Nurses' Association;  (21) Alzheimer's Disease and Related Disorders Resource Coordination Center of the Department on Aging;  (22) University of South Carolina;  (23) South Carolina State University.  (B) The advisory committee shall assist the registry in:  (1) defining the population to be included in the registry including, but not limited to, establishing criteria for identifying patient subjects;  (2) developing procedures and forms for collecting, recording, analyzing, and disseminating data;  (3) developing protocols and procedures to be disseminated to and used by health care providers in identifying subjects for the registry;  (4) developing procedures for approving research projects or participation in research projects.  (C) Members of the advisory committee are not entitled to mileage, per diem, subsistence, or any other form of compensation.  HISTORY: 1990 Act No. 532, Section 1; 1993 Act No. 181, Section 1101; 1995 Act No. 75, Section 1; 2018 Act No. 261 (S.107), Pt I, Section 14, eff January 1, 2019.  Effect of Amendment  2018 Act No. 261, Section 14, in (A), in (21), substituted "of the Department on Aging" for ", Office of the Governor, Division on Aging".
 (A) The School of Public Health and all persons to whom data is released shall keep all patient information confidential. No publication of information, biomedical research, or medical data may be made which identifies the patients. For purposes of maintaining this registry, the School of Public Health may access appropriate confidential data reported to the Revenue and Fiscal Affairs Office in accordance with Section 44-6-170.  (B) Except for use in collecting data on deaths from the Bureau of Vital Statistics, Department of Health and Environmental Control, no identifying information collected or maintained by the registry may be released unless consent is obtained from the subject or the subject's legal representative.  HISTORY: 1990 Act No. 532, Section 1; 1995 Act No. 75, Section 1.
 In the Department on Aging, there is created the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals with Alzheimer's disease and related disorders, their families, and caregivers.  HISTORY: 1994 Act No. 326, Section 1; 2012 Act No. 218, Section 1, eff June 7, 2012; 2018 Act No. 261 (S.107), Pt I, Section 16, eff January 1, 2019.  Effect of Amendment  2018 Act No. 261, Section 16, substituted "In the Department on Aging, there is created" for "There is created in the Office of the Lieutenant Governor, Division on Aging,".
 The center shall:  (1) initiate the development of systems which coordinate the delivery of programs and services;  (2) facilitate the coordination and integration of research, program development, planning, and quality assurance;  (3) identify potential users of services and gaps in the service delivery system and expand methods and resources to enhance statewide services;  (4) serve as a resource for education, research, and training and provide information and referral services;  (5) provide technical assistance for the development of support groups and other local initiatives to serve individuals, families, and caregivers;  (6) recommend public policy concerning Alzheimer's disease and related disorders to state policymakers;  (7) submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Governor's website;  (8) facilitate the coordination and integration of educational initiatives for health care providers on the importance and value of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, and increasing understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia and how to reduce the risk of cognitive decline.  HISTORY: 1994 Act No. 326, Section 1; 2012 Act No. 218, Section 1, eff June 7, 2012; 2018 Act No. 261 (S.107), Pt I, Section 17, eff January 1, 2019; 2019 Act No. 20 (S.205), Section 1, eff April 26, 2019.  Effect of Amendment  2018 Act No. 261, Section 17, in (7), substituted "Governor's website" for "Lieutenant Governor's website".  2019 Act No. 20, Section 1, added (8), providing for an additional duty to facilitate and coordinate early detection educational initiatives for health care providers.
 (A) The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Governor including, but not limited to, representatives of:  (1) Alzheimer's Association Chapters;  (2) American Association of Retired Persons;  (3) Clemson University;  (4) Department of Disabilities and Special Needs;  (5) Department of Health and Environmental Control;  (6) Department of Mental Health;  (7) Department of Social Services;  (8) Department of Health and Human Services;  (9) Medical University of South Carolina;  (10) National Association of Social Workers, South Carolina Chapter;  (11) South Carolina Adult Day Care Association;  (12) South Carolina Association of Area Agencies on Aging;  (13) South Carolina Association of Council on Aging Directors;  (14) South Carolina Association of Nonprofit Homes for the Aging;  (15) South Carolina Association of Residential Care Homes;  (16) South Carolina Health Care Association;  (17) South Carolina Home Care Association;  (18) South Carolina Hospital Association;  (19) South Carolina Medical Association;  (20) South Carolina Nurses' Association;  (21) Statewide Alzheimer's Disease and Related Disorders Registry;  (22) University of South Carolina;  (23) South Carolina State University.  (B) Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation.  HISTORY: 1994 Act No. 326, Section 1; 1994 Act No. 326, Section 3; 2012 Act No. 218, Section 1, eff June 7, 2012; 2018 Act No. 261 (S.107), Pt I, Section 18, eff January 1, 2019.  Effect of Amendment  2018 Act No. 261, Section 18, in (A), substituted "Governor" for "Lieutenant Governor".
 Neither the registry or the School of Public Health nor a person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the person or organization acted in bad faith or with malicious purpose.  HISTORY: 1995 Act No. 75, Section 1.
 The registry shall submit an annual report to the Alzheimer's Disease and Related Disorders Resource Coordination Center of the Department on Aging, the Department of Health and Environmental Control, and the Revenue and Fiscal Affairs Office.  HISTORY: 1995 Act No. 75, Section 1; 2018 Act No. 261 (S.107), Pt I, Section 15, eff January 1, 2019.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".  Effect of Amendment  2018 Act No. 261, Section 15, deleted "Office of the Governor, Division on Aging," following "annual report to", and inserted "of the Department on Aging" following "Coordination Center".
 This article may be cited as the "Alzheimer's Special Care Disclosure Act"  HISTORY: 1996 Act No. 336, Section 2.
 A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery.  HISTORY: 1996 Act No. 336, Section 2.
 Should one or both eyes of an infant become reddened or inflamed at any time after birth, the midwife, nurse or person having charge of such infant shall report such condition at once to the county health department. Any person who fails to comply with the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days.  HISTORY: 1962 Code Section 32-554; 1952 Code Section 32-554; 1942 Code Section 5043; 1932 Code Section 1489; Cr. C. '22 Section 433; Cr. C. '12 Section 443; Cr. C. '02 Section 331; 1896 (22) 225; 1973 (58) 239.
 Every doctor, midwife, nurse or other person attending the delivery at birth of a child in this State shall instill, or have instilled, into the eyes of the baby, within one hour after birth, some effective prophylactic approved by the Department of Health and Environmental Control, for prevention of blindness from ophthalmia neonatorum. A record of such administration or instillation shall be reported on the birth certificate, showing the time with respect to the birth and the kind of prophylactic administered.  HISTORY: 1962 Code Section 32-555; 1952 Code Section 32-555; 1942 Code Section 5043-1; 1939 (41) 159; 1954 (48) 1763.
 (A) A child born in this State, except a child born of a parent who objects on religious grounds and indicates this objection before testing on a form promulgated in regulation by the Department of Health and Environmental Control, shall have neonatal testing to detect inborn metabolic errors and hemoglobinopathies.  (B) Information obtained as a result of the tests conducted pursuant to this section is confidential and may be released only to a parent or legal guardian of the child, the child's physician, and the child when eighteen years of age or older when requested on a form promulgated in regulation by the department.  (C) A blood sample obtained pursuant to this section is confidential and may be released only as the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, directs the department at the time of testing or at any time after that on a form promulgated in regulation by the department.  (D)(1) Unless otherwise directed pursuant to this subsection, a blood sample obtained pursuant to this section must be stored by the department at minus 20 centigrade and may be released for purposes of confidential, anonymous scientific study. The release of a blood sample must conform with regulations promulgated by the department. At the time of testing or at any time after that, on a form promulgated in regulation by the department, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to:  (a) return a blood sample in its entirety and any test results not less than two years after the date of testing;  (b) destroy a blood sample in a scientifically acceptable manner not less than two years after the date of the testing; or  (c) store a blood sample at minus 20 centigrade but not release the blood sample for confidential, anonymous scientific study.  (2) A blood sample released for confidential, anonymous study pursuant to this section must not contain information which may be used to determine the identity of the donor. A blood sample released pursuant to this section may contain demographic or other statistical information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.  (E)(1) A blood sample that has not been stored at minus 20 centigrade before the effective date of this section must be destroyed in a scientifically acceptable manner six months from the effective date of this section unless a parent or legal guardian of a child from whom a blood sample was obtained, or the child if eighteen years of age or older, requests return of the blood sample on a form provided by the department.  (2) A blood sample stored at minus 20 centigrade pursuant to this section before the effective date of this section must be retained as prescribed in subsection (D) unless directed by the parent or legal guardian of the child from whom a blood sample was obtained to destroy or return the blood sample.  (F) The department shall promulgate regulations necessary for the implementation of this section. All forms must include information concerning the benefits of neonatal testing and storage of a blood sample.  (G) A person who violates this section or the regulations promulgated pursuant to this section or who provides or obtains or otherwise tampers with a blood sample collected pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined not more than fifty thousand dollars or imprisoned for not more than three years.  (H) The department shall establish the Newborn Screening Advisory Committee to review the feasibility and advisability of including additional metabolic, genetic, and congenital disorders in the neonatal testing conducted pursuant to this section. The committee must be multidisciplinary and composed of members deemed appropriate by the department.  HISTORY: 1962 Code Section 32-655.1; 1965 (54) 641; 1978 Act No. 514, Section 1; 1986 Act No. 484, Section 1; 1994 Act No. 418, Section 1; 2002 Act No. 225, Section 2, eff May 1, 2002; 2019 Act No. 55 (H.3036), Section 2, eff May 16, 2019.  Editor's Note  2019 Act No. 55, Section 3, provides as follows:  "SECTION 3. This act takes effect upon approval by the Governor. Implementation of the act is contingent upon available funding from public sources."  Effect of Amendment  2019 Act No. 55, Section 2, added (H), establishing the Newborn Screening Advisory Committee.
 (A) Neonatal testing conducted pursuant to Section 44-37-30 must include testing for the following:  (1) Krabbe disease;  (2) Pompe disease; and  (3) Hurler syndrome.  (B) The department shall require additional lysosomal storage disorders to be tested upon the recommendations of the Newborn Screening Advisory Committee and in accordance with Section 44-37-30 pursuant to a duly promulgated regulation as testing for such disorders becomes available.  HISTORY: 2019 Act No. 55 (H.3036), Section 1, eff May 16, 2019.  Editor's Note  2019 Act No. 55, Section 3, provides as follows:  "SECTION 3. This act takes effect upon approval by the Governor. Implementation of the act is contingent upon available funding from public sources."
 (A) This section may be cited as the "Universal Newborn Hearing Screening and Intervention Act".  (B) For purposes of this section:  (1) "Advisory council" means the Newborn Hearing Screening and Intervention Advisory Council.  (2) "Audiologist" means an individual licensed to practice audiology by the South Carolina Board of Examiners in Speech-Language Pathology and Audiology.  (3) "Audiologic evaluation" means an evaluation consisting of procedures to assess the status of the auditory system; to establish the site of an auditory disorder; the type and degree of hearing loss, and the potential effects of hearing loss on communication; and to identify appropriate treatment and referral options. Referral options for evaluation should include linkage to state Part C "Individuals with Disabilities Education Act" coordinating agencies or other appropriate agencies, medical evaluation, hearing aid/sensory aid assessment, audiologic rehabilitation treatment, national and local consumer, self-help, parent and education organizations, and other family centered services.  (4) "Auditory habilitation" means intervention which includes the use of procedures, techniques, and technologies to facilitate the receptive and expressive communication abilities of a child with hearing loss.  (5) "Birth admission" means the time after birth that the newborn remains in the hospital nursery before discharge.  (6) "Commissioner" means the Commissioner of the South Carolina Department of Health and Environmental Control.  (7) "Department" means the South Carolina Department of Health and Environmental Control.  (8) "Early intervention" means providing appropriate services for a child with hearing loss and ensuring that the family of the child is provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and communication options and is given the opportunity to consider the full range of educational and program placements and options for this child.  (9) "Hearing loss" for newborns and neonates means failure to pass the brainstem auditory evoked response performed at the audiologic evaluation. Current hearing screening technology detects levels of hearing loss as low as 35 decibels.  (10) "Hearing screening" means newborn and infant hearing screening consisting of objective physiologic procedures to detect possible hearing loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations.  (11) "Infant" means a child twenty-nine days to twenty-four months old.  (12) "Medical intervention" means the process by which a physician provides medical diagnosis and direction for medical or surgical treatment options for hearing loss or related medical disorders associated with hearing loss.  (13) "Newborn" means a child up to twenty-eight days old.  (14) "Normal hearing" for newborns and infants is 0-15 decibels hearing level. Any hearing level greater than 15 decibels can adversely affect speech and language development. The greater the hearing level the greater the adverse impact on speech and language development.  (15) "Parent" means a natural parent, step-parent, adoptive parent, legal guardian, or other legal custodian of a child.  (16) Part C of "Individuals with Disabilities Education Act" means the federal "Early Intervention Program for Infants and Toddlers with Disabilities and Developmental Delay Act" which encourages exemplary practices that lead to improved teaching and learning experiences for children with developmental delay, and that can result in more productive independent adult lives, including employment.  (C)(1) Beginning no later than June 30, 2001, newborn hearing screenings must be conducted during birth admission on all newborns born in hospitals in this State using procedures recommended or approved by the department. However, when a newborn is delivered in a hospital with an average of less than one hundred deliveries a year, the screening is not required, but the parents must be given the information required pursuant to subsection (C)(3).  (2) Beginning no later than April 1, 2001, every hospital in this State shall provide educational information for the parents of newborns born in that hospital concerning the hearing screening procedure and the importance of the screening. Education may not be considered a substitute for the hearing screening.  (3) When a newborn is delivered in a hospital where the hearing screening is not required pursuant to subsection (C)(1) or somewhere other than a hospital, the parents must be instructed on the importance of a hearing screening and of having the screening performed within one month of the child' s birth date. Parents also must be given information to assist them in having the screening performed. The department shall determine the appropriate screening venue for newborns not receiving a hospital-conducted screening.  (D)(1) Newborns referred as a result of the screening process shall receive an audiologic evaluation by an audiologist and a medical evaluation by a physician or otolaryngologist, or both, as indicated.  (2) Newborns and infants referred as a result of the evaluation process shall receive medical intervention, audiologic habilitation, early intervention services, and augmentative hearing devices.  (3)(a) The department, upon consultation with the South Carolina Health Alliance, shall establish newborn hearing screening reporting procedures which must be followed by hospitals, audiologists, and early interventionists.  (b) The department also shall establish procedures to monitor and measure the effectiveness of newborn and infant hearing screening and intervention and shall report annually to the General Assembly and to participating hospitals.  (c) Subject to available appropriations, the department shall make reports required pursuant to this subsection available throughout the State, specifically to physicians whose practice includes the practice of obstetrics, neonatology, or the care of newborns and infants, to consumer groups, managed care organizations, other third party payers, and the media.  (E) The department shall establish the Newborn Hearing Screening and Intervention Advisory Council, consisting of representatives of agencies, professional disciplines, hospitals, and consumers to advise the department on matters related to the implementation of this section and duties of the department under this section.  (F) The department may promulgate regulations to the extent necessary to implement the provisions of this section.  (G) The department and the Department of Health and Human Services shall establish procedures for providing reimbursement for expenses incurred by entities providing newborn hearing screenings under this section.  (H) Responsibilities of the department under this section including, but not limited to, reimbursements authorized pursuant to subsection (G) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.  HISTORY: 2000 Act No. 387, Part II, Section 48A.
 (A) Every hospital in this State must make available to the parents of each newborn baby delivered in the hospital a video presentation on safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the dangers associated with shaking infants and young children. Every hospital also must make available information on the importance of parents and caregivers learning infant CPR. The hospital must request that the maternity patient, the father, or the primary caregiver view the video. Those persons whom the hospital requested to view the video shall sign a document prescribed by the Department of Health and Environmental Control stating that they have been offered an opportunity to view the video.  (B) The director, or his designee, of the Department of Health and Environmental Control must approve the video to be utilized by a hospital, pursuant to subsection (A). Upon the request of a hospital, the Director of the Department of Health and Environmental Control, or his designee, shall review a hospital's proposed video for possible approval. The Department of Health and Environmental Control may not require a hospital to use a video that would require the hospital to pay royalties for use of the video, restrict viewing in order to comply with public viewing or other restrictions, or be subject to other costs or restrictions associated with copyrights. The department must provide a copy of any approved video, at cost, to a hospital or any interested individual.  (C) The Department of Health and Environmental Control shall make available to all childcare facilities and childcare providers, regulated pursuant to Chapter 13, Title 63, a video presentation on safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the dangers associated with shaking infants and young children. Childcare facilities, as defined in Section 63-13-20, shall include this video presentation in the initial and ongoing training of caregivers in the childcare facility. Caregivers in a registered family childcare home or church or religious childcare facility may participate in presentations offered pursuant to this subsection. The Department of Health and Environmental Control must provide a copy of any approved video, at cost, to a childcare facility or childcare provider or any interested individual.  (D) The Department of Health and Environmental Control shall establish a protocol for health care providers to educate parents or primary caregivers about safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the dangers associated with shaking infants and young children. The Department of Health and Environmental Control shall request family medicine physicians, pediatricians, and other pediatric health care providers to review these dangers with the parent or primary caregiver, who are present, of infants and young children up to the age of one at each well-baby visit.  (E) The Department of Social Services, Adoption Services must make available to all adopting parents a video presentation, approved by the Department of Health and Environmental Control, on safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, the dangers associated with shaking infants and young children, and the importance of parents and caregivers learning infant CPR. The department must request that the adopting parents view the video. The adopting parents must sign a document prescribed by the department stating that they have been offered an opportunity to view the video. This subsection only applies to adoptive placements administered by the Department of Social Services, Adoption Services.  (F) Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a health care facility or health care provider for any acts or omissions relating to compliance with this section.  HISTORY: 2007 Act No. 55, Section 1, eff January 1, 2008; 2018 Act No. 199 (S.891), Section 1, eff November 15, 2018.  Effect of Amendment  2018 Act No. 199, Section 1, in (A), in the first sentence, inserted "safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the" following "a video presentation on"; in (C), in the first sentence, substituted "Title 63" for "title 63" and inserted "safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the" following "a video presentation on"; in (D), in the first sentence, inserted "safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, and the" following "primary caregivers about"; and in (E), in the first sentence, inserted "safe sleep practices, the causes of Sudden Unexpected Infant Death Syndrome, the" following "Department of Health and Environmental Control, on" and made a nonsubstantive change.
 (A) During the postpartum period and prior to discharge each hospital shall provide parents of newborns educational information on pertussis disease and the availability of a vaccine to protect against pertussis. This educational information must include, but is not limited to, information on the Center for Disease Control's recommendation that parents receive the tetanus, diphtheria, and pertussis vaccine during the postpartum period to protect their newborns from the transmission of pertussis.  (B) Nothing in this section requires a hospital to provide or pay for a vaccination against pertussis.  HISTORY: 2012 Act No. 191, Section 1, eff June 7, 2012.
 Every hospital and birth center in this State shall provide the parents of each newborn baby who is at high risk for sickle cell disease or sickle cell trait delivered in the hospital or birth center, educational information on sickle cell disease and sickle cell trait and associated complications.  HISTORY: 2015 Act No. 76 (S.341), Section 1, eff June 8, 2015.
 (A) The Department of Health and Environmental Control shall require each birthing facility licensed by the department to perform on every newborn in its care a pulse oximetry or other department-approved screening to detect critical congenital heart defects when the baby is twenty-four to forty-eight hours of age, or as late as possible if the baby is discharged from the hospital before reaching twenty-four hours of age. A department-approved screening must be based on standards set forth by the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, the American Heart Association, and the American Academy of Pediatrics. If a parent of a newborn objects, in writing, to the screening, for reasons pertaining to religious beliefs only, the newborn is exempt from the screening required by this subsection.  (B) The Department of Health and Human Services shall work with birthing facilities through its partnership with the Birth Outcomes Initiative to recommend policies for critical congenital heart defect screening. The Department of Health and Human Services shall provide reimbursement for services provided pursuant to this section.  (C) For purposes of this section, "birthing facility" means an inpatient or ambulatory health care facility licensed by the Department of Health and Environmental Control that provides birthing and newborn care services.  (D) The department with advice from the Birth Outcome Initiative Leadership Team under the Department of Health and Human Services shall promulgate regulations necessary to implement the provisions of this section. In promulgating the regulations, the department must consider the best practices in screening, current scientific guidelines and recommendations, and advances in medical technology.  HISTORY: 2013 Act No. 64, Section 3, eff September 11, 2013.  Editor's Note  2013 Act No. 64, Section 1, provide as follows:  "SECTION 1. This act may be cited as the 'Emerson Rose Act'."  
 There is created the South Carolina Head and Spinal Cord Injury Information System to provide a central information surveillance system and registry for head and spinal cord injuries.  HISTORY: 1992 Act No. 457, Section 1.
 As used in this article:  (1) "Council" means the South Carolina Head and Spinal Cord Injury Information System Council established pursuant to this article.  (2) "Head injury" means an insult to the skull or brain, not of a degenerative or congenital nature, but one caused by an external physical force that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning and possibly in behavioral or emotional functioning. It does not include cerebral vascular accidents and aneurysms.  (3) "Spinal cord injury" means an acute, traumatic lesion of neural elements in the spinal canal resulting in any degree of sensory deficit, motor deficit, or major life functions. The deficit or dysfunction may be temporary or permanent.  (4) "System" means the South Carolina Head and Spinal Cord Injury Information System established pursuant to this article.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 (A) There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system which shall be under the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Director of the State Department of Mental Health, the Commissioner of the Department of Vocational Rehabilitation, the Director of the State Department of Disabilities and Special Needs, the Director of the South Carolina Department of Health and Environmental Control, the Director of the South Carolina Department of Health and Human Services, Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector.  (B) Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 181, Section 1102.
 There is established within the Department of Disabilities and Special Needs the South Carolina Head and Spinal Cord Injury Service Delivery System. The system shall operate as a division of the department to be known as the Head and Spinal Cord Injury Division. The department must develop, coordinate, and enhance the delivery of services to persons with head and spinal cord injuries. The department must coordinate case management services provided pursuant to this article with the Department of Vocational Rehabilitation. Services provided pursuant to this article supplement and do not supplant existing services or the development of new services.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 As used in this article:  (1) "System" means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article;  (2) "State plan" means the plan developed by the State Department of Disabilities and Special Needs pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries.  (3) "Department" means the Department of Disabilities and Special Needs.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 The primary functions of the system are planning, intake and referral, case management, and education and prevention. The department is responsible for these functions.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 The department shall:  (1) develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan;  (2) receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population;  (3) identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery;  (4) develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies;  (5) in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan;  (6) seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan;  (7) evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community;  (8) promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation;  (9) promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries;  (10) serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources;  (11) determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct an assessment of services needed, and provide appropriate case management based on an individualized treatment plan designed to meet the specific needs of the person;  (12) develop policies and procedures to be used by the case managers to ensure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy;  (13) develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries;  (14) coordinate the delivery of services and ensure that services are appropriate and delivered in a timely manner;  (15) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that:  (1) is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging;  (2) is likely to continue indefinitely without intervention;  (3) results in substantial functional limitations in at least two of these life activities:  (a) self-care;  (b) receptive and expressive communication;  (c) learning;  (d) mobility;  (e) self-direction;  (f) capacity for independent living;  (g) economic self-sufficiency; and  (4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 (A) There is created an Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System composed of:  (1) the following members or a designee, who shall serve ex officio:  (a) Chairperson for the Joint Legislative Committee for the Disabled;  (b) Director of the State Department of Disabilities and Special Needs;  (c) Commissioner of the State Agency for Vocational Rehabilitation;  (d) Director of the University Affiliated Program of the University of South Carolina;  (e) Director of the South Carolina Developmental Disabilities Council;  (f) Director of Special Education of the State Department of Education;  (g) Director of the Interagency Office of Disability Prevention;  (h) Director of the Continuum of Care for Emotionally Disturbed Children;  (i) Executive Director of the South Carolina Health and Human Services Finance Commission;  (j) Director of the State Department of Mental Health;  (k) Commissioner of the South Carolina Department of Health and Environmental Control;  (l) Commissioner of the South Carolina Commission for the Blind;  (2) the following members or a designee:  (a) President of the South Carolina Head Injury Association;  (b) President of the South Carolina Association of Independent Head Injury Groups;  (c) President of the South Carolina Spinal Cord Injury Association;  (d) Director of the South Carolina Disabilities Research Commission;  (3) the following members to be appointed by the Governor for four-year terms and until their successors are appointed and qualified:  (a) three health care providers knowledgeable in head injuries and spinal cord injuries;  (b) three consumers of case management services or family members or legal guardians of consumers of case management services;  (c) of those members first appointed, two of the health care providers and two of the consumers or family members of consumers shall serve four-year terms and one health care provider and one consumer or family member of a consumer shall serve two-year terms.  (B) The Governor, with recommendation from the Chairperson of the Joint Legislative Committee for the Disabled, shall appoint a primary or secondary consumer of services of the system as chairperson of the council for a two-year term; no person may serve more than one term as chairperson.  (C) Members of the Advisory Council shall serve at no expense to the State.  (D) The Advisory Council shall work with the State Department of Disabilities and Special Needs and the State Agency of Vocational Rehabilitation in carrying out their responsibilities under this article. In working with these agencies the council shall, but is not limited to:  (1) provide oversight for the implementation of the state plan and operation of the system;  (2) review budget matters related to the system and the responsibilities of the agencies within the system;  (3) monitor effectiveness of the state plan.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103; 2014 Act No. 121 (S.22), Pt V, Section 7.MM.1, eff July 1, 2015.
 Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit.  HISTORY: 1993 Act No. 159, Section 1; 1993 Act No. 181, Section 1103.
 In carrying out the purposes of this article the council shall:  (1) determine and implement the most cost effective method:  (a) to collect, record, analyze, and disseminate data on the incidence and causes of head and spinal cord injuries;  (b) to gather such other data as needed from existing sources of the South Carolina Statewide Hospital Data System and the Trauma Registry of the Division of Emergency Medical Services;  (2) provide information for initiation of case management services and preventive programs for head and spinal cord injured persons in this State;  (3) develop and promote primary prevention programs related to preventing head and spinal cord injuries;  (4) perform other duties and functions as determined by the council to be necessary for implementation of this article.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 The council shall develop:  (1) reporting forms and procedures for reporting the information required by this article;  (2) a system to provide follow up to individuals entered in the registry;  (3) procedures for gathering information from other states in which a South Carolina resident may be admitted for a head or spinal cord injury, or both; and  (4) procedures for approving research projects or participation in research activities.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 (A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this State and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.  (B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two-year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two-year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two-year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three-year term. All subsequent appointments shall be for four-year terms.  (C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four-year terms shall not be reappointed for two years after completion of those terms.  (D) A majority of the membership of the board shall constitute a quorum.  (E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.  (F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.  (G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.  (H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.  (I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.  (J) The board shall set forth guidelines and standards for allocation of these funds.  (K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State.  HISTORY: 2000 Act No. 390, Section 2.
 (A) All reports and records made pursuant to this article and maintained by the system, any agency, hospital, institution, other facility, or person pursuant to this article are confidential and may not be disclosed under the Freedom of Information Act. Information must not be released except to:  (1) appropriate staff of the system;  (2) submitting hospitals or their designees;  (3) a person engaged in a research project approved pursuant to Section 44-38-50 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section;  (4) a member of the council except that no information identifying a subject of a report or a reporter may be made to the council unless consent is obtained pursuant to this section.  (B) The identity of a patient, physician, or hospital is confidential and may not be released, except that the identity of a patient may be released upon informed written consent of the patient, or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 There is created the South Carolina Brain Injury Leadership Council, within the Department of Disabilities and Special Needs, to provide statewide coordination in promoting support services to persons with brain injuries, their families, and caregivers, and to identify emerging issues and innovations, foster education and advocacy, and build consensus to support necessary policies and programs.  HISTORY: 2013 Act No. 63, Section 1, eff June 13, 2013.
 The South Carolina Brain Injury Leadership Council shall:  (1) advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury;  (2) encourage citizen participation through the establishment of public hearings and other types of community outreach programs;  (3) identify emerging issues and expand methods and resources to enhance statewide services;  (4) serve as a resource for education, research, and training and provide information and referral services;  (5) provide technical assistance for the development of support groups and other local initiatives to serve individuals, families, and caregivers;  (6) consult with federal, state, and local government agencies and with citizens' groups and other private entities to recommend public policy concerning brain injuries to state policymakers; and  (7) serve as the statewide advisory board for implementing the federal Traumatic Brain Injury Act and applying for federal traumatic brain injury funding.  HISTORY: 2013 Act No. 63, Section 1, eff June 13, 2013.
 (A) The members of the South Carolina Brain Injury Leadership Council should have knowledge or expertise in the area of brain injury or related services. The council shall be comprised of representatives of the following agencies and organizations, shall be appointed by the director of the agency or organization and shall serve ex officio:  (1) South Carolina Department of Education;  (2) South Carolina Department of Health and Human Services;  (3) South Carolina Department of Mental Health;  (4) South Carolina Department of Social Services;  (5) South Carolina Department of Health and Environmental Control;  (6) South Carolina Vocational Rehabilitation Department;  (7) South Carolina Department of Disabilities and Special Needs;  (8) Head and Spinal Cord Injury Division within the South Carolina Department of Disabilities and Special Needs;  (9) Medical University of South Carolina;  (10) University Center for Excellence in Developmental Disabilities within the University of South Carolina School of Medicine;  (11) South Carolina Statewide Independent Living Council;  (12) South Carolina Developmental Disabilities Council;  (13) Protection and Advocacy for People with Disabilities, Inc.; and  (14) Brain Injury Association of South Carolina.  (B) Council members shall include persons who are survivors of traumatic brain injury, family members or legal guardians of these persons, health care professionals, representatives of service provider entities, or other interested parties knowledgeable about brain injuries. Membership shall meet requirements of the State Advisory Board designated by the federal Traumatic Brain Injury Act.  (C) Officers of the council shall be as follows: chairperson, vice chairperson, and secretary. Council officers are to be elected at the final quarterly council meeting of the year, and shall serve a two year term starting the next calendar year.  (D) Council members shall be appointed with consideration given to statewide geographic and demographic representation. When an appointed vacancy on the council exists, nominations to fill the vacancy may be received from members of the council by the secretary.  (E) Members and officers of the council are not entitled to mileage, per diem, subsistence, or any other form of compensation.  HISTORY: 2013 Act No. 63, Section 1, eff June 13, 2013.
 The South Carolina Brain Injury Leadership Council shall have the authority to apply for grants for the purposes of carrying out the responsibilities and duties of the council.  HISTORY: 2013 Act No. 63, Section 1, eff June 13, 2013.
 The council shall submit an annual report to the Joint Committee to Study Problems of Persons with Disabilities including, but not limited to, the incidence and status of head and spinal cord injuries in South Carolina, the administration of the system and recommendations for modifications in the system, and for improving the delivery of services to persons with these injuries.  HISTORY: 1992 Act No. 457, Section 1.
 No person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 A person subject to this article who intentionally fails to comply with reporting or confidentiality and disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a violation the first time a person fails to comply and not more than five thousand dollars for a subsequent violation.  HISTORY: 1992 Act No. 457, Section 1; 1993 Act No. 159, Section 4.
 This chapter may be cited as the "Diabetes Initiative of South Carolina Act".  HISTORY: 1994 Act No. 497, Part II, Section 46A.
 (A) There is established within the Medical University of South Carolina the Diabetes Initiative of South Carolina Board. The purpose of this board is to establish a statewide program of education, surveillance, clinical research, and translation of new diabetes treatment methods to serve the needs of South Carolina residents with diabetes mellitus. The provisions of this chapter and the initiatives undertaken by the board supplement and do not supplant existing programs and services provided to this population.  (B) The board consists of:  (1) the following officials or their designees:  (a) the President of the Medical University of South Carolina;  (b) the Dean of the University of South Carolina School of Medicine;  (c) the Director of the Department of Health and Environmental Control;  (d) the Director of the State Department of Health and Human Services;  (e) the President of the South Carolina Medical Association;  (f) the Vice President of the Southeastern Division of the American Diabetes Association;  (g) the President of the American Association of Diabetes Educators;  (h) the President of the South Carolina Academy of Family Physicians;  (i) the Head of the Office of Minority Health in the Department of Health and Environmental Control;  (j) the Governor of the South Carolina Chapter of the American College of Physicians;  (k) the Chair of the Division of Endocrinology at the Medical University of South Carolina;  (l) the President of the South Carolina Hospital Association;  (2) a representative of the Office of the Governor, to be appointed by the Governor; and  (3) six representatives appointed by the President of the Medical University of South Carolina, three of whom must be from the general public and one each from the Centers of Excellence Council, the Outreach Council, and the Surveillance Council, all of whom must be persons knowledgeable about diabetes and its complications.  (C) The board may elect nonvoting members and honorary members.  (D) A member of the board is elected for a three-year term. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of original appointment.  (E) The board shall elect from its members a chair for a term of three years.  (F) The board shall meet at least quarterly or more frequently upon the call of the chairman. A member of the board not employed by the State or a political subdivision of the State must receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the board.  HISTORY: 1994 Act No. 497, Part II, Section 46A; 2008 Act No. 256, Section 1, eff June 4, 2008; 2010 Act No. 195, Section 1, eff May 28, 2010.
 The powers and duties of the Diabetes Initiative of South Carolina Board are to:  (1) annually assess the effects of diabetes mellitus in South Carolina, and the status of education, clinical research, and translation of new diabetes treatment methods in South Carolina;  (2) oversee all operations of the Center of Excellence Advisory Committees, and the Diabetes Outreach Council including:  (a) reviewing annual reports;  (b) establishing annual budgets;  (c) setting annual priorities;  (3) make annual budget requests to the General Assembly to support the activities of the Diabetes Initiative of South Carolina Board;  (4) conduct diabetes surveillance activities including:  (a) obtaining data and maintaining a statewide data base  (b) analyzing data and reviewing trends on mortality and morbidity in diabetes;  (c) developing means to and disseminating important data to professionals and the public;  (d) developing proposals for grant funding.  (5) submit an annual report to the Governor and the General Assembly;  (6) other activities necessary to carry out the provisions of this chapter.  HISTORY: 1994 Act No. 497, Part II, Section 46A.
 (A) A Diabetes Center of Excellence is established at the Medical University of South Carolina. The center shall develop and implement programs of professional education, specialized care, and clinical research in diabetes and its complications, in accordance with priorities established by the Diabetes Initiative of South Carolina Board. The Center of Excellence must submit an annual report to the Diabetes Initiative of South Carolina Board.  (B) The activities of the center must be overseen and directed by the Center of Excellence Advisory Committee. The council consists of members appointed by the president of the Medical University of South Carolina. The functions of the council include:  (1) reviewing programs in professional education, specialized care, and clinical research developed by the Center;  (2) assisting in the development of proposals for grant funding for the center's activities;  (3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board.  HISTORY: 1994 Act No. 497, Part II, Section 46A.
 (A) There is created in the Medical University of South Carolina the Diabetes Outreach Council with three members appointed by the president of the university.  (B) The Diabetes Outreach Council shall oversee and direct efforts in patient education and primary care including:  (1) promoting adherence to national standards of education and care;  (2) ongoing assessment of patient care costs and reimbursement issues for persons with diabetes in South Carolina;  (3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board.  HISTORY: 1994 Act No. 497, Part II, Section 46A.  
 This act may be cited as the "Emergency Health Powers Act."  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 The General Assembly finds that:  (1) the government must do more to protect the health, safety, and general well being of our citizens;  (2) new and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose serious and immediate threats;  (3) a renewed focus on the prevention, detection, management, and containment of public health emergencies is called for;  (4) emergency health threats, including those caused by chemical terrorism, radiological terrorism, bioterrorism, and epidemics, require the exercise of extraordinary government functions. Chemical terrorism and bioterrorism pose especial threats to the food supply of the State;  (5) this State must have the ability to respond, rapidly and effectively, to potential or actual public health emergencies;  (6) the exercise of emergency health powers must promote the common good;  (7) emergency health powers must be grounded in a thorough scientific understanding of public health threats and disease transmission;  (8) guided by principles of justice, it is the duty of this State to act with fairness and tolerance toward individuals and groups;  (9) the rights of people to liberty, bodily integrity, and privacy must be respected to the fullest extent possible consistent with the overriding importance of the public's health and security; and  (10) this act is necessary to protect the health and safety of the citizens of this State.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 The purposes of this act are:  (1) to authorize the collection of data and records, the control of property, the management of persons, and access to communications as may be strictly necessary to accomplish the purposes of this act;  (2) to facilitate the early detection of a qualifying health event or public health emergency, and allow for immediate investigation of such an emergency by granting access to individuals' health information under specified circumstances;  (3) to grant state officials the authority to use and appropriate property as necessary for the care, treatment, and housing of patients, and for the destruction or decontamination of contaminated materials;  (4) to grant state officials the authority to provide care and treatment to persons who are ill or who have been exposed to infection, and to separate affected individuals from the population at large for the purpose of interrupting the transmission of infectious disease;  (5) to ensure that the needs of infected or exposed persons will be addressed to the fullest extent possible, given the primary goal of controlling serious health threats;  (6) to provide state officials with the ability to prevent, detect, manage, and contain emergency health threats without unduly interfering with civil rights and liberties; and  (7) to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 As used in the chapter:  (A) "Biological agent" means a microorganism, virus, infectious substance, naturally occurring or bioengineered product, or other biological material that could cause death, disease, or other harm to a human, an animal, a plant, or another living organism.  (B) "Bioterrorism" means the intentional use or threatened use of a biological agent to harm or endanger members of the public.  (C) "Chemical agent" means a poisonous chemical agent that has the capacity to cause death, disease, or other harm to a human, an animal, a plant, or another living organism.  (D) "Chemical terrorism" means the intentional use or threatened use of a chemical agent to harm or endanger members of the public.  (E) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing, and transporting the specimens and reporting test results.  (F) "Commissioner" means the Commissioner of the Department of Health and Environmental Control.  (G) "Contagious disease" is an infectious disease that can be transmitted from person to person, animal to person, or insect to person.  (H) "Coroners, medical examiners, and funeral directors" have the same meanings as provided in Sections 17-5-5 and 40-19-10, respectively.  (I) "DHEC" means the Department of Health and Environmental Control or any person authorized to act on behalf of the Department of Health and Environmental Control.  (J) "Facility" means any real property, building, structure, or other improvement to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation.  (K) "Health care facility" means any nonfederal institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories, research facilities, pharmacies, laundry facilities, health personnel training and lodging facilities, and patient, guest, and health personnel food service facilities, and offices and office buildings for persons engaged in health care professions or services.  (L) "Health care provider" means any person or entity who provides health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, firefighters who provide emergency medical care, emergency medical or laboratory technicians, and ambulance and emergency medical workers. This includes out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of South Carolina. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.  (M) "Infectious disease" is a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.  (N) "Isolation" and "quarantine" mean the compulsory physical separation (including the restriction of movement or confinement) of individuals and/or groups believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others; if the context so requires, "quarantine" means compulsory physical separation, including restriction of movement, of populations or groups of healthy people who have been potentially exposed to a contagious disease, or to efforts to segregate these persons within specified geographic areas. "Isolation" means the separation and confinement of individuals known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease to prevent them from transmitting disease to others.  (O) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either alone or with other information that is, or reasonably should be known to be, available to predictable recipients of such information) to reveal the identity of that individual.  (P) "Public health emergency" means the occurrence or imminent risk of a qualifying health condition.  (Q) "Public safety authority" means the Department of Public Safety, the State Law Enforcement Division, or designated persons authorized to act on behalf of the Department of Public Safety, the State Law Enforcement Division including, but not limited to, local governmental agencies that act principally to protect or preserve the public safety, or full-time commissioned law enforcement persons.  (R) "Qualifying health condition" means:  (1) a natural disaster; or  (2) an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, or serious economic impact to the agricultural sector, including food supply.  (S) "Radioactive material" means a radioactive substance that has the capacity to cause bodily injury or death to a human, an animal, a plant, or another living organism.  (T) "Radiological terrorism" means the intentional use or threatened use of a radioactive material to harm or endanger members of the public.  (U) "Specimens" include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests, and environmental samples or other samples needed to diagnose potential chemical, biological, or radiological contamination.  (V) "Tests" include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare.  (W) "Trial court" is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for the county in which a public health emergency has been declared. If that court is unable to function because of the isolation, quarantine, or public health emergency, the trial court is a circuit court designated by the Chief Justice upon petition and proper showing by the Department of Health and Environmental Control.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002; 2008 Act No. 341, Section 1, eff June 11, 2008.
 After the declaration of a state of public health emergency, DHEC may exercise, in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials:  (1) to close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health; and  (2) to decontaminate or cause to be decontaminated, any material of which there is reasonable cause to believe that it may endanger the public health.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 DHEC, in coordination with the guidelines of the State Emergency Operations Plan, may, for such period as the state of public health emergency exists and as may be reasonable and necessary for emergency response, require a health care facility to provide services or the use of its facility if the services are reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business in the State as a health care facility. When DHEC needs the use or services of the facility to isolate or quarantine individuals during a public health emergency, the management and supervision of the health care facility must be coordinated with DHEC to ensure protection of existing patients and compliance with the terms of this act.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A) DHEC must coordinate with coroners, medical examiners, and funeral directors, for such period as the state of public health emergency exists, to exercise, in addition to existing powers, the following powers regarding the safe disposal of human remains:  (1) to take possession or control of any human remains which cannot be safely handled otherwise;  (2) to order the disposal of human remains of a person who has died of an infectious disease through burial or cremation within twenty-four hours after death;  (3) to require any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State to accept any human remains or provide the use of its business or facility if these actions are reasonable and necessary for emergency response. When necessary during the period of time of the public health emergency, DHEC must coordinate with the business or facility on the management or supervision of the business or facility; and  (4) to procure, by order or otherwise, any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.  (B) Where possible, existing provisions set forth in the State Emergency Operations Plan for the safe disposal of human remains must be used in a public health emergency. Where the State Emergency Operations Plan is not sufficient to handle the safe disposal of human remains for a public health emergency, DHEC, in coordination with coroners, medical examiners, and funeral directors, must adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary for emergency response. These measures may be related to procedures including, but not limited to, death certificates, autopsies, embalming, burial, cremation, interment, disinterment, transportation, and disposal of human remains.  (C) All human remains prior to disposal must be clearly labeled with all available information to identify the decedent and the circumstances of death. Any human remains of a deceased person with an infectious disease must have an external, clearly visible tag indicating that the human remains are infected and, if known, the infectious disease.  (D) Every person in charge of disposing of any human remains must maintain a written record of each set of human remains and all available information to identify the decedent and the circumstances of death and disposal. If the human remains cannot be identified, prior to disposal, a qualified person must, to the extent possible, take fingerprints and one or more photographs of the human remains, and collect a DNA specimen. All information gathered under this paragraph must be promptly forwarded to DHEC. Identification must be handled by the agencies that have laboratories suitable for DNA identification.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002; 2008 Act No. 341, Section 2, eff June 11, 2008.
 (A) After the declaration of a public health emergency, DHEC may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.  (B)(1) If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC, DHEC may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC must give preference to health care providers, disaster response personnel, and mortuary staff.  (2) During a state of public health emergency, DHEC may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.  (3) If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this article, DHEC in coordination with the applicable law enforcement agency must institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this State or any such rules that may be developed by the courts for use during a state of public health emergency. Any property acquired by DHEC through such proceedings must, after entry of the decree, be disposed of by destruction as the court may direct.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A)(1) During a state of public health emergency, DHEC may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.  (2) DHEC may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health.  (B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHEC.  (2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A) During a state of public health emergency, DHEC may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:  (1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;  (2) to treat persons exposed to or infected with disease; and  (3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, persons who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.  (B) Vaccinations or treatment, or both, must be provided only to those individuals who agree to the vaccinations or treatment, or both.  (C)(1) Vaccination may be performed by any qualified person authorized by DHEC.  (2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.  (D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC.  (2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A) During a public health emergency, DHEC may isolate or quarantine an individual or groups of individuals. This includes individuals or groups who have not been vaccinated, treated, tested, or examined pursuant to Sections 44-4-510 and 44-4-520. DHEC may also establish and maintain places of isolation and quarantine, and set rules and make orders.  (B) DHEC must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:  (1) isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;  (2) individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;  (3) the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;  (4) if a quarantined individual becomes infected or is reasonably believed to be infected with a contagious or possibly contagious disease, he or she must be promptly removed to isolation;  (5) isolated and quarantined individuals must be immediately released when they pose no substantial risk of transmitting a contagious or possibly contagious disease to others;  (6) the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;  (7) premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined; and  (8) to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises.  (C) A person subject to isolation or quarantine must comply with DHEC's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.  (D)(1) DHEC may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.  (2) No person, other than a person authorized by DHEC, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.  (3) A person entering an isolation or quarantine premises with or without authorization of DHEC may be isolated or quarantined as provided for in this chapter.  (4) The public safety authority and other law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of an isolation or quarantine order after the order is given to the individual pursuant to Section 44-4-540(B)(3) or after the individual is provided notice of the order. In a case where an individual is not the subject of an isolation or quarantine order under Section 44-4-540, law enforcement officers may provide written or verbal notice of the order. Law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of isolation or quarantine rules after the rules are established and the individual is given written or verbal notice of the rules. An arrest warrant or an additional isolation or quarantine order is not required for arrest, isolation, or quarantine under Section 44-4-530(D)(4).  (E) An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order issued pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002; 2008 Act No. 341, Sections 3, 4, eff June 11, 2008.
 (A) During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section.  (B)(1) DHEC may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.  (2) The emergency order must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a copy of Article V of this act and relevant definitions of this act.  (3) A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.  (4) Within ten days after issuing the emergency order, DHEC must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.  (C)(1) DHEC may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.  (2) A petition under subsection (C)(1) must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-530(B); and (vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit of DHEC attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.  (3) Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.  (4) A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary circumstances and for good cause shown, DHEC may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.  (5)(a) The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.  (b) An order authorizing isolation or quarantine may do so for a period not to exceed thirty days.  (c) The order must: (i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances; (ii) specify factual findings warranting isolation or quarantine pursuant to this act; (iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and (iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.  (d) Prior to the expiration of an order issued pursuant to this item, DHEC may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.  (D)(1) An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.  (2)(a) An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.  (b) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.  (c) Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.  (3) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC may move the court to extend the time for a hearing, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.  (E) A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allow all parties to fully participate.  (F) The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.  (G) In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:  (1) the number of individuals involved or to be affected is so large as to render individual participation impractical;  (2) there are questions of law or fact common to the individual claims or rights to be determined;  (3) the group claims or rights to be determined are typical of the affected individuals' claims or rights; and  (4) the entire group will be adequately represented in the consolidation.  (H) Notwithstanding the provisions of subsection (A), prior to the Governor declaring a public health emergency, as defined in Section 44-4-130, the isolation and quarantine of an individual or groups of individuals pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540 must be undertaken in accordance with the procedures provided in this section.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002; 2008 Act No. 341, Section 5, eff June 11, 2008.
 (A)(1) DHEC may, for such period as the state of public health emergency exists, collect or cause to be collected specimens and perform tests on any person or animal, living or deceased, and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.  (2) Specimens shall be collected only from those individuals who agree to have specimens collected or who agree to have tests performed.  (3) All specimens must be clearly marked.  (4) Specimen collection, handling, storage, and transport to the testing site must be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling, and transport of the specimen.  (5) Any person authorized to collect specimens or perform tests must use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.  (B) Any business, facility, or agency authorized to collect specimens or perform tests must provide such support as is reasonable and necessary to aid in a relevant criminal investigation.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A) Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to:  (1) provide treatment to the individual who is the subject of the health information;  (2) conduct epidemiological research; or  (3) investigate the causes of transmission.  (B) Protected health information held by DHEC must not be disclosed to others without individual specific informed authorization except for disclosures made:  (1) directly to the individual;  (2) to the individual's immediate family members or life partners;  (3) to appropriate state or federal agencies or authorities when necessary to protect public health;  (4) to health care personnel where needed to protect the health or life of the individual who is the subject of the information;  (5) pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or  (6) to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
 (A) DHEC, in coordination with the appropriate licensing authority and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:  (1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;  (2) to accept the volunteer services of in-state and out-of-state health care providers consistent with Title 8, Chapter 25, to appoint such in-state and out-of-state health care providers as emergency support function volunteers, and to prescribe the duties as may be reasonable and necessary for emergency response; and  (3) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.  (B)(1) The appointment of in-state and out-of-state health care providers pursuant to this section may be for a limited or unlimited time but must not exceed the termination of the state of public health emergency. DHEC may terminate the in-state and out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.  (2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.  (C)(1) Any health care provider appointed by the department pursuant to this section must not be held liable for any civil damages as a result of medical care or treatment including, but not limited to, trauma care and triage assessment, related to the appointment of the health care provider and the prescribed duties unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.  (2) This subsection applies if the health care provider does not receive payment from the State other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the health care provider is an employee of the State, the health care provider may continue to receive compensation from the health care provider's employer. This subsection applies whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from sources including, but not limited to, Medicaid, Medicare, reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512, et seq., or private health insurance.  (D)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, if the termination will not impede the performance of the duties of the office.  (2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.  (3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment unless the damages result from providing, or failing to provide, services under circumstances demonstrating a reckless disregard for the consequences.  HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002; 2008 Act No. 341, Section 6, eff June 11, 2008.
 This chapter may be cited as the "South Carolina Agent Orange Information and Assistance Act".  HISTORY: 1986 Act No. 521, Section 1.
 As used in this chapter:  (1) "Agent Orange" means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD).  (2) "Chemical agent" means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents.  (3) "Council" means the South Carolina Agent Orange Advisory Council.  (4) "Program" means the Agent Orange Information and Assistance Program.  (5) "Veteran" means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975.  HISTORY: 1986 Act No. 521, Section 1.
 There is created the South Carolina Agent Orange Advisory Council to assist and advise the South Carolina Department of Health and Environmental Control in its duties and functions as provided in this chapter and to assist and advise the Veterans' Affairs Department of the Governor's Office in its duties and functions as provided in Section 25-11-70. The council is composed of five voting members and five nonvoting ex officio members. The voting members must be veterans who served in Vietnam, Cambodia, Laos, or Thailand. Voting members are appointed by the Governor for terms of four years and until their successors are appointed and qualify. The Governor shall designate a chairman who shall serve for a term of two years. Vacancies on the council are filled by appointment in the same manner as the original appointment for the remainder of the unexpired term. Voting members of the council are paid the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. The following shall serve as ex officio members without voting rights:  (1) the Director of the Department of Health and Environmental Control;  (2) the Director of Veterans' Affairs Department or his designee;  (3) one faculty member of the Medical University of South Carolina with expertise in a field relevant to the purpose of the council;  (4) one faculty member of the University of South Carolina with expertise in a field relevant to the purpose of the council.  HISTORY: 1986 Act No. 521, Section 1; 1991 Act No. 248, Section 6; 1993 Act No. 181, Section 1104.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.  Editor's Note  The 2019 amendment to Section 25-11-20 provided that the Governor shall appoint a Secretary, rather than a Director, to lead the Department of Veterans' Affairs.
 With the advice of council, the program shall:  (1) seek out, study, evaluate, and provide information regarding epidemiological, genetic, and other studies, investigations, and research that pertain to use of chemical agents, including Agent Orange, and adverse health conditions which may be associated with exposure to such agents;  (2) provide medical information to health professionals in the State regarding the detection, diagnosis, and treatment of acute and chronic symptoms which may be associated with exposure to chemical agents, including Agent Orange;  (3) monitor and report on the activities and policies of the United States Government and other states relating to the exposure of veterans to chemical agents, including Agent Orange;  (4) monitor existing programs for Vietnam veterans at the state or local level to determine if adequate services and resources exist, identify additional areas of concern, and make recommendations on behalf of Vietnam veterans to address these needs;  (5) provide, in cooperation with the health facilities of the University of South Carolina and the Medical University of South Carolina, genetic information, screening, and counseling to veterans who have concerns regarding the possible genetic effects which may be associated with exposure to chemical agents, including Agent Orange;  (6) establish, promote, and maintain a public information service on Agent Orange. The services shall include, but not be limited to, efforts to contact Vietnam veterans who may have been exposed to Agent Orange;  (7) maintain a central state registry of information on Vietnam veterans in South Carolina who may have been exposed to Agent Orange, dioxin, or other chemical substances. The registry also shall include information obtained under the provisions of Section 44-40-50.  HISTORY: 1986 Act No. 521, Section 1.
 (A) At the request of a veteran, or his next of kin if the veteran is deceased, who believes that he may have been exposed to chemical agents, including Agent Orange, while serving in the armed forces of the United States, any physician or other health care provider who has the primary responsibility for treating the veteran must report the following information to the program:  (1) symptoms of the veteran which may be related to exposure to a chemical agent, including Agent Orange;  (2) diagnosis;  (3) methods of treatment prescribed;  (4) other information as determined by the program.  If there is no physician or other health care provider with the responsibility, the hospital treating the veteran shall make the report. If there is no health care provider or hospital treating the veteran, the veteran or his next of kin may submit the report directly to the program.  (B) The identity of a veteran about whom information is received by the program under this section is confidential information and may not be disclosed without the consent of the veteran or his personal representative. Summary data based on information received under this section is not confidential. No action or proceeding, civil or criminal, shall lie against any health care provider or hospital who provides information to the program pursuant to this section.  HISTORY: 1986 Act No. 521, Section 1.
 With the cooperation of the Department of Health and Environmental Control and the Department of Veterans Affairs, the council:  (1) shall make an annual report to the General Assembly containing:  (a) a comprehensive review and summary analysis of the scientific literature on the effects of exposure to chemical agents, including Agent Orange;  (b) a summary of the activities undertaken to inform and assist veterans who may have been exposed to chemical agents, including Agent Orange;  (c) a description and interpretation of the results of any study undertaken pursuant to this chapter;  (d) other comments or recommendations the council considers appropriate.  (2) may hold hearings consistent with the purposes of this chapter.  To assist it in carrying out these functions, the council may contract for an evaluation of the performance of the Department of Health and Environmental Control and the Department of Veterans Affairs in implementing this chapter and may contract for the compilation and editing of the annual report.  HISTORY: 1986 Act No. 521, Section 1.  
 As used in this chapter:  (a) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.  (b) "Physician" means a person licensed to practice medicine in this State.  (c) "Department" means the South Carolina Department of Health and Environmental Control.  (d) "Hospital" means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions.  (e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.  (f) "Pregnancy" means the condition of a woman carrying a fetus or embryo within her body as the result of conception.  (g) "Conception" means the fecundation of the ovum by the spermatozoa.  (h) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.  (i) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.  (j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.  (k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.  (l) "Viability" means that stage of human development when the fetus is potentially able to live outside of the mother's womb with or without the aid of artificial life support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy.  (m) "Minor" means a female under the age of seventeen.  (n) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.  (o) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.  HISTORY: 1962 Code Section 32-681; 1974 (58) 2837; 1990 Act No. 341, Sections 2, 3; 1995 Act No. 1, Section 2.
 Abortion shall be a criminal act except when performed under the following circumstances:  (a) During the first trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician pursuant to his professional medical judgment.  (b) During the second trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician in a hospital or clinic certified by the Department.  (c) During the third trimester of pregnancy, the abortion is performed with the pregnant woman's consent, and if married and living with her husband the consent of her husband, in a certified hospital, and only if the attending physician and one additional consulting physician, who shall not be related to or engaged in private practice with the attending physician, certify in writing to the hospital in which the abortion is to be performed that the abortion is necessary based upon their best medical judgment to preserve the life or health of the woman. In the event that the preservation of the woman's mental health is certified as the reason for the abortion, an additional certification shall be required from a consulting psychiatrist who shall not be related to or engaged in private practice with the attending physician. All facts and reasons supporting such certification shall be set forth by the attending physician in writing and attached to such certificate.  HISTORY: 1962 Code Section 32-682; 1974 (58) 2837.
 (A) Consent is required before the performance of an abortion from the pregnant woman in every case and in the case of a minor, it must be obtained pursuant to the provisions of Section 44-41-31.  (B) In the case of a woman who is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.  (C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:  (1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman; or  (2) the pregnancy is the result of incest.  (D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.  (E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman if she is capable of giving consent.  HISTORY: 1962 Code Section 32-683; 1974 (58) 2837; 1990 Act No. 341, Section 4.
 (A) No person may perform an abortion upon a minor unless consent is obtained in accordance with one of the following provisions:  (1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of the pregnant minor and:  (a) one parent of the minor; or  (b) a legal guardian of the minor; or  (c) a grandparent of the minor; or  (d) any person who has been standing in loco parentis to the minor for a period not less than sixty days;  (2) the minor is emancipated and the attending physician or his agent has received the informed signed written consent of the minor; or  (3) the attending physician or his agent has obtained the informed signed written consent of the minor and has received the order of the court obtained by the minor pursuant to this chapter.  (B) If a parent or legal guardian refuses to give the informed written consent for the minor's abortion and there has been a judicial finding of refusal of consent, and the minor has a child or children as a result of that pregnancy, the duty imposed by law of supporting the child or children extends to the minor and jointly and severally to the refusing parent or legal guardian and the natural father until the minor reaches the age of eighteen years or is emancipated.  (C) Any person standing in loco parentis and who consents to the abortion of the minor as permitted in subsection (A)(1) of this section shall sign an affidavit indicating the nature and length of his or her relationship with the minor. The affidavit must state the penalties for wilfully or knowingly making a false representation. Anyone who knowingly or wilfully makes a false representation in the affidavit shall be guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than one year.  HISTORY: 1990 Act No. 341, Section 1.
 This article may be cited as the "Woman's Right to Know Act".  HISTORY: 1995 Act No. 1, Section 8.
 Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1). In seeking this relief the following procedures apply:  (1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.  (2) The Adoption and Birth Parent Services Division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance.  (3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.  (4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.  (5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor.  HISTORY: 1990 Act No. 341, Section 1.
 As used in this article:  (1) "Medical emergency" means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.  (2) "Probable gestational age of the embryo or fetus" means what, in the judgment of the attending physician based upon the attending physician's examination and the woman's medical history, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.  HISTORY: 1995 Act No. 1, Section 8.
 (A) The court shall enter a written order stating findings of fact and conclusions of law in support of its decision to:  (1) grant the minor the right on her own behalf to consent to the abortion if the court finds that the minor is mature and well-informed enough to make the abortion decision on her own;  (2) grant consent for the abortion if the court finds that the performance of the abortion would be in the minor's best interest; or  (3) deny the petition if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest. If the father of the child born after the denial of the petition is identified by adjudication, he shall share in the expenses of the delivery and rearing of the child as determined by the court. Orders issued under this item shall specify that the minor shall have the right to counseling services, appropriate prenatal care, delivery, neonatal, and post-natal care, the cost of which may be paid by the State. Additionally, the State shall have subrogation rights against the father for payments made by the State on behalf of the child.  (B) The court shall immediately issue a written order to the minor, her guardian ad litem, attorney, or other person designated by the minor to receive notice on her behalf.  HISTORY: 1990 Act No. 341, Section 1.
 (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:  (1)(a) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed. If an ultrasound is performed, an abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The physician who is to perform the abortion or an allied health professional working in conjunction with the physician must inform the woman before the ultrasound procedure of her right to view the ultrasound image at her request during or after the ultrasound procedure.  (b) If the physician who intends to perform or induce an abortion on a pregnant woman has determined pursuant to Section 44-41-630 that the human fetus the pregnant woman is carrying has a detectable fetal heartbeat, then that physician shall inform the pregnant woman in writing that the human fetus the pregnant woman is carrying has a fetal heartbeat. The physician shall further inform the pregnant woman, to the best of the physician's knowledge, of the statistical probability, absent an induced abortion, of bringing the human fetus possessing a detectable fetal heartbeat to term based on the gestational age of the human fetus or, if the director of the department has specified statistical probability information, shall provide to the pregnant woman that information. The department may promulgate regulations that specify information regarding the statistical probability of bringing an unborn child possessing a detectable fetal heartbeat to term based on the gestational age of the unborn child. Any regulations must be based on available medical evidence.  (2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: "You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image." This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.  (3) The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.  (4) Before performing the abortion, the physician who is to perform or induce the abortion must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.  (B) Nothing herein limits the information provided by the physician who is to perform the abortion or allied health professional to the person upon whom the abortion procedure is to be performed.  (C) No abortion may be performed sooner than twenty-four hours after the woman receives the written materials and certifies this fact to the physician or the physician's agent.  (D) If the clinic or other facility where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply.  (E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.  (F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.  (G) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.  HISTORY: 1995 Act No. 1, Section 8; 2008 Act No. 222, Section 1, eff May 14, 2008; 2010 Act No. 268, Section 1, eff June 24, 2010; 2021 Act No. 1 (S.1), Section 5, eff February 18, 2021.  Editor's Note  2021 Act No. 1, Sections 1, 2, provide as follows:  "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'.  "SECTION 2. The General Assembly hereby finds, according to contemporary medical research, all of the following:  "(1) as many as thirty percent of natural pregnancies end in spontaneous miscarriage;  "(2) fewer than five percent of all natural pregnancies end in spontaneous miscarriage after the detection of a fetal heartbeat;  "(3) over ninety percent of in vitro pregnancies survive the first trimester if a fetal heartbeat is detected;  "(4) nearly ninety percent of in vitro pregnancies do not survive the first trimester if a fetal heartbeat is not detected;  "(5) a fetal heartbeat is a key medical predictor that an unborn human individual will reach live birth;  "(6) a fetal heartbeat begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;  "(7) the State of South Carolina has legitimate interests from the outset of a pregnancy in protecting the health of the pregnant woman and the life of the unborn child who may be born; and  "(8) in order to make an informed choice about whether to continue a pregnancy, a pregnant woman has a legitimate interest in knowing the likelihood of the human fetus surviving to full-term birth based upon the presence of a fetal heartbeat."  Effect of Amendment  2021 Act No. 1, Section 5, in (A)(1), inserted the (a) designator, and added (b).
 (A) A minor has the right to appeal to the Supreme Court a decision rendered pursuant to Section 44-41-33. She is entitled to an anonymous and expeditious appellate review which takes precedence over other matters pending before the court.  (B) A minor who declares she has insufficient funds to pursue the procedures provided in this section or in Section 44-41-32 must not be required to pay the costs associated with these procedures.  (C) The notice of intent to appeal must be filed with the court issuing the order described in Section 44-41-33 within seventy-two hours from the date the order is received. The record on appeal must be completed and the appeal must be perfected within ten days from the filing of the notice of intent to appeal. These filing requirements are not considered jurisdictional and may be extended by the Supreme Court upon request of the minor for good cause shown.  (D) All hearings conducted under Sections 44-41-32 and 44-41-34 must be closed to the public. All records related to these sections and Section 44-41-33 are not open to public examination and must be sealed by the court.  (E) The Supreme Court shall adopt rules governing the administration of the courts or practice and procedure before such courts necessary to carry out the provisions of Sections 44-41-32, 44-41-33, and 44-41-34.  HISTORY: 1990 Act No. 341, Section 1.
 (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:  (1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;  (2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;  (3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying a fetus to full-term;  (4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;  (5) materials designed to inform the woman of the mechanisms available for obtaining child support payments;  (6) a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge. The list must be arranged geographically and shall include the name, address, hours of operation, and telephone number of each entity listed. A health care provider, facility, or clinic that would like to be included on this list may contact the department and provide the required information. The department must update this list annually before September first;  (7) a plainly worded explanation of how a woman may calculate the gestational age of her embryo or fetus;  (8) a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child;  (9) forms for notifications, certifications, and verifications required by Section 44-41-330.  (B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.  (C) The materials required under this section must be available from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.  (D)(1) The materials required under this section must be available on the department's Internet website in a format suitable for downloading. The website must be capable of permitting the user to print a time and date stamped certification identifying when the materials are downloaded.  (2) The department's Internet website also must provide a link to the Internet website maintained by health care providers, facilities, and clinics that offer to perform ultrasounds free of charge that have requested to be placed on the list maintained by the department.  HISTORY: 1995 Act No. 1, Section 8; 2010 Act No. 268, Sections 2, 3 eff June 24, 2010.
 Failure to obtain required consent constitutes prima facie evidence of interference with family relations in appropriate civil actions. The law of this State does not preclude the award of exemplary damages in an appropriate civil action relevant to violations concerning a minor. Nothing in this chapter may be construed to limit the common law rights of parents.  HISTORY: 1990 Act No. 341, Section 1.
 A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction:  (1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.  (2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.  HISTORY: 1995 Act No. 1, Section 8.
 (A) A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in Sections 44-41-10 through 44-41-36 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended.  (B) A physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith is justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this chapter. A physician or other person who furnishes professional services related to an act authorized or required by this chapter and who relies upon the information furnished pursuant to this chapter may not be held to have violated any criminal law or to be civilly liable for the reliance, provided that the physician or other person acted in good faith.  HISTORY: 1990 Act No. 341, Section 1.
 In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion of any person or upon its own motion, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order under this section must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.  HISTORY: 1995 Act No. 1, Section 8.
 A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1).  The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following:  (1) how to access her local health department for prenatal care;  (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service;  (3) the parental consent requirement as outlined in this bill;  (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and  (5) how to access her local mental health center for counseling services.  HISTORY: 1990 Act No. 341, Section 1.
 This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month.  HISTORY: 1995 Act No. 1, Section 8.
 If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.  HISTORY: 1995 Act No. 1, Section 10; 2010 Act No. 268, Section 4, eff June 24, 2010.
 No private or nongovernmental hospital or clinic shall be required to admit any patient for the purpose of terminating a pregnancy, nor shall such institutions be required to permit their facilities to be utilized for the performance of abortions. No cause of action shall arise against any such hospital or clinic for refusal to perform or to allow the performance of an abortion if the institution has adopted a policy not to admit patients for the purpose of terminating pregnancies; provided, that no hospital or clinic shall refuse an emergency admittance.  HISTORY: 1962 Code Section 32-684; 1974 (58) 2837.
 This article may be cited as the "South Carolina Pain-Capable Unborn Child Protection Act".  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 The General Assembly makes the following findings:  (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than twenty weeks.  (2) By eight weeks after fertilization, the unborn child reacts to touch. After twenty weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.  (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.  (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.  (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their levels when painful stimuli are applied without such anesthesia.  (6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than twenty weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.  (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.  (8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.  (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.  (10) The position, asserted by some medical experts, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from thrashing about in reaction to invasive surgery.  (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by twenty weeks after fertilization.  (12) It is the purpose of the State to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.  (13) South Carolina's compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of South Carolina's compelling state interest in protecting the lives of unborn children from the stage of viability, and neither state interest is intended to replace the other.  (14) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of the State that if any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this article shall remain effective notwithstanding such unconstitutionality. Moreover, the State declares that it would have passed this article, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases or words, or any of their applications, were to be declared unconstitutional.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 For the purposes of this article:  (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device:  (a) to intentionally kill the unborn child of a woman known to be pregnant; or  (b) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth.  (2) "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this State in violation of this article.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Fertilization" means the fusion of a human spermatozoon with a human ovum.  (5) "Fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.  (6) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy without first determining post-fertilization age to avert her death or for which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition must be considered a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  (7) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this State.  (8) "Post-fertilization age" means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.  (9) "Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced.  (10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.  (11) "Unborn child" or "fetus" each means an individual organism of the species homo sapiens from fertilization until live birth.  (12) "Woman" means a female human being whether or not she has reached the age of majority.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 Except in the case of a medical emergency or fetal anomaly, no abortion must be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to post-fertilization age.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 (A) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable post-fertilization age of the woman's unborn child is twenty or more weeks, except in the case of fetal anomaly, or in reasonable medical judgment, she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  (B) When an abortion upon a woman whose unborn child has been determined to have a probable post-fertilization age of twenty or more weeks is not prohibited by subsection (A), the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 (A) Any abortion performed in this State pursuant to Section 44-41-450 must be reported by the licensed facility on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent and must include:  (1) Post-fertilization age:  (a) if a determination of probable post-fertilization age was made, whether ultrasound was employed in making the determination, and the week of probable post-fertilization age determined; or  (b) if a determination of probable post-fertilization age was not made, the basis of the determination that a medical emergency existed.  (2) Method of abortion, of which the following was employed:  (a) medication abortion such as, but not limited to, mifepristone/misoprostol or methotrexate/misoprostol;  (b) manual vacuum aspiration;  (c) electrical vacuum aspiration;  (d) dilation and evacuation;  (e) combined induction abortion and dilation and evacuation;  (f) induction abortion with prostaglandins;  (g) induction abortion with intra-amniotic instillation such as, but not limited to, saline or urea;  (h) induction abortion; and  (i) intact dilation and extraction (partial-birth).  (3) Whether an intrafetal injection was used in an attempt to induce fetal demise such as, but not limited to, intrafetal potassium chloride or digoxin.  (4) Age of the patient.  (5) If the probable post-fertilization age was determined to be twenty or more weeks, whether the reason for the abortion was a medical emergency or fetal anomaly, and if the reason was a medical emergency, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.  (6) If the probable post-fertilization age was determined to be twenty or more weeks, whether or not the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods.  (7) The information related to fetal heartbeat testing required pursuant to Sections 44-41-630, 44-41-660, and 44-41-690, as applicable.  (8) Whether the reason for the abortion was to preserve the health of the pregnant woman and, if so, the medical condition that the abortion was asserted to address and the medical rationale for the conclusion that an abortion was necessary to address that condition. If the reason for the abortion was other than to preserve the health of the pregnant woman, then the report must specify that maternal health was not the purpose of the abortion. This information must also be placed in the pregnant woman's medical records and maintained for at least seven years thereafter.  (B) Reports required by subsection (A) shall not contain the name or the address of the patient whose pregnancy was terminated, nor shall the report contain any other information identifying the patient, except that each report shall contain a unique medical record identifying number, to enable matching the report to the patient's medical records. Such reports must be maintained in strict confidence by the department, must not be available for public inspection, and must not be made available except:  (1) to the Attorney General or solicitor with appropriate jurisdiction pursuant to a criminal investigation;  (2) to the Attorney General or solicitor pursuant to a civil investigation of the grounds for an action under Section 44-41-480(B); or  (3) pursuant to court order in an action under Section 44-41-480.  (C) By June thirtieth of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section for each of the items listed in subsection (A). Each such report also shall provide the statistics for all previous calendar years during which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed, induced, or attempted.  (D) Any facility that fails to submit a report by the end of thirty days following the due date must be subject to a late fee of one thousand dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue. Any facility required to report in accordance with this article that has not submitted a report, or has submitted only an incomplete report, more than six months following the due date, may, in an action brought by the department, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to civil contempt. Intentional or reckless falsification of any report required under this section is a misdemeanor punishable by not more than one year in prison.  (E) Within ninety days of the effective date of this article, the Department of Health and Environmental Control shall adopt and promulgate forms and regulations to assist in compliance with this section. Subsection (A) shall take effect so as to require reports regarding all abortions performed or induced on and after the first day of the first calendar month following the effective date of such rules.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016; 2021 Act No. 1 (S.1), Section 4, eff February 18, 2021.  Editor's Note  2021 Act No. 1, Sections 1, 2, provide as follows:  "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'.  "SECTION 2. The General Assembly hereby finds, according to contemporary medical research, all of the following:  "(1) as many as thirty percent of natural pregnancies end in spontaneous miscarriage;  "(2) fewer than five percent of all natural pregnancies end in spontaneous miscarriage after the detection of a fetal heartbeat;  "(3) over ninety percent of in vitro pregnancies survive the first trimester if a fetal heartbeat is detected;  "(4) nearly ninety percent of in vitro pregnancies do not survive the first trimester if a fetal heartbeat is not detected;  "(5) a fetal heartbeat is a key medical predictor that an unborn human individual will reach live birth;  "(6) a fetal heartbeat begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;  "(7) the State of South Carolina has legitimate interests from the outset of a pregnancy in protecting the health of the pregnant woman and the life of the unborn child who may be born; and  "(8) in order to make an informed choice about whether to continue a pregnancy, a pregnant woman has a legitimate interest in knowing the likelihood of the human fetus surviving to full-term birth based upon the presence of a fetal heartbeat."  Effect of Amendment  2021 Act No. 1, Section 4, in (A), added (7) and (8).
 Any physician who intentionally or knowingly fails to conform to any requirement in Section 44-41-440 and Section 44-41-450 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, no part of which may be suspended.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. If some or all of the provisions of this article are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of South Carolina law regulating or restricting abortion must be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order of injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
 (A) No physician, nurse, technician, medical student, or other employee of a hospital, clinic or physician shall be required to recommend, perform or assist in the performance of an abortion if he advises the hospital, clinic or employing physician in writing that he objects to performing, assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor.  (B) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages allegedly arising from such refusal.  (C) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall because of that refusal be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by the hospital or clinic with which he is affiliated or by which he is employed. A civil action for damages or reinstatement of employment, or both, may be prosecuted by any person whose employment or affiliation with a hospital or clinic has been altered or terminated in violation of this chapter.  (D) Any physician who performs an abortion shall also provide, for proper compensation, necessary aftercare for his patient unless released by the patient in writing. The extent of aftercare required shall be that care customarily provided by physicians in such cases in accordance with accepted medical practice.  HISTORY: 1962 Code Section 32-685; 1974 (58) 2837; 2022 Act No. 235 (H.4776), Section 3, eff June 17, 2022.  Effect of Amendment  2022 Act No. 235, Section 3, redesignated (a) to (d) as (A) to (D), and in (A), (B), and (C), inserted ", medical student," following "technician".
 Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion.  HISTORY: 1975 (59) 187; 1978 Act No. 587 Section 4; 1990 Act No. 341, Section 5; 1995 Act No. 1, Section 12; 2021 Act No. 1 (S.1), Section 6, eff February 18, 2021.  Editor's Note  2021 Act No. 1, Sections 1, 2, provide as follows:  "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'.  "SECTION 2. The General Assembly hereby finds, according to contemporary medical research, all of the following:  "(1) as many as thirty percent of natural pregnancies end in spontaneous miscarriage;  "(2) fewer than five percent of all natural pregnancies end in spontaneous miscarriage after the detection of a fetal heartbeat;  "(3) over ninety percent of in vitro pregnancies survive the first trimester if a fetal heartbeat is detected;  "(4) nearly ninety percent of in vitro pregnancies do not survive the first trimester if a fetal heartbeat is not detected;  "(5) a fetal heartbeat is a key medical predictor that an unborn human individual will reach live birth;  "(6) a fetal heartbeat begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;  "(7) the State of South Carolina has legitimate interests from the outset of a pregnancy in protecting the health of the pregnant woman and the life of the unborn child who may be born; and  "(8) in order to make an informed choice about whether to continue a pregnancy, a pregnant woman has a legitimate interest in knowing the likelihood of the human fetus surviving to full-term birth based upon the presence of a fetal heartbeat."  Effect of Amendment  2021 Act No. 1, Section 6, in the first and second sentences, substituted "State Registrar" for "state registrar", and in the third sentence, substituted "obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion" for "obtained or circumstances waiving consent".
 As used in this article:  (1) "Conception" means fertilization.  (2) "Contraceptive" means a drug, device, or chemical that prevents conception.  (3) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.  (4) "Gestational age" means the age of an unborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.  (5) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the human fetus and that is typically visible by ultrasound after the fourth week of pregnancy.  (6) "Human fetus" or "unborn child" each means an individual organism of the species homo sapiens from fertilization until live birth.  (7) "Intrauterine pregnancy" means a pregnancy in which a human fetus is attached to the placenta within the uterus of a pregnant woman.  (8) "Medical emergency" means a condition that, by any reasonable medical judgment, so complicates the medical condition of a pregnant woman that it necessitates the immediate abortion of her pregnancy to avert her death without first determining whether there is a detectable fetal heartbeat or for which the delay necessary to determine whether there is a detectable fetal heartbeat will create serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial and irreversible physical impairment of a major bodily function.  (9) "Physician" means any person licensed to practice medicine and surgery, or osteopathic medicine and surgery, in this State.  (10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.  (11) "Spontaneous miscarriage" means the natural or accidental termination of a pregnancy and the expulsion of the human fetus, typically caused by genetic defects in the human fetus or physical abnormalities in the pregnant woman.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision.  (B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:  (1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or  (2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).  (C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall:  (1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances;  (2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and  (3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 If a pregnancy is at least eight weeks after fertilization, then the abortion provider who is to perform or induce an abortion, or an agent of the abortion provider, shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and shall ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, then the abortion provider shall, using whichever method the physician and patient agree is best under the circumstances, make the fetal heartbeat of the unborn child audible for the pregnant woman to hear.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) Except as provided in Section 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman before a physician determines in accordance with Section 44-41-630 whether the human fetus the pregnant woman is carrying has a detectable fetal heartbeat.  (B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) Section 44-41-650 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists that prevents compliance with the section.  (B) A physician who performs or induces an abortion on a pregnant woman based on the exception in subsection (A) shall make written notations in the pregnant woman's medical records of the following:  (1) the physician's belief that a medical emergency necessitating the abortion existed;  (2) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-650; and  (3) the medical rationale to support the physician's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death.  (C) For at least seven years from the date the notations are made, the physician shall maintain in his own records a copy of the notations.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 A physician is not in violation of Section 44-41-650 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) Except as provided in subsection (B), no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the human fetus the pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with Section 44-41-630.  (B) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after a fetal heartbeat has been detected in accordance with Section 44-41-630 only if:  (1) the pregnancy is the result of rape, and the probable post-fertilization age of the fetus is fewer than twenty weeks;  (2) the pregnancy is the result of incest, and the probable post-fertilization age of the fetus is fewer than twenty weeks;  (3) the physician is acting in accordance with Section 44-41-690; or  (4) there exists a fetal anomaly, as defined in Section 44-41-430.  (C) A physician who performs or induces an abortion on a pregnant woman based on the exception in either subsection (B)(1) or (2) must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed. The report must be made no later than twenty-four hours after performing or inducing the abortion, may be made orally or otherwise, and shall include the name and contact information of the pregnant woman making the allegation. Prior to performing or inducing an abortion, a physician who performs or induces an abortion based upon an allegation of rape or incest must notify the pregnant woman that the physician will report the allegation of rape or incest to the sheriff. The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor timely notified the sheriff of the allegation of rape or incest, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.  (D) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned not more than two years, or both.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) Section 44-41-680 does not apply to a physician who performs a medical procedure that, by any reasonable medical judgment, is designed or intended to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.  (B) A physician who performs a medical procedure as described in subsection (A) shall declare, in a written document, that the medical procedure was necessary, by reasonable medical judgment, to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. In the document, the physician shall specify the pregnant woman's medical condition that the medical procedure was asserted to address and the medical rationale for the physician's conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function of the pregnant woman.  (C) A physician who performs a medical procedure as described in subsection (A) shall place the written document required by subsection (B) in the pregnant woman's medical records. For at least seven years from the date the document is created, the physician shall maintain a copy of the document in his own records.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (a) The department shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.  (b) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b).  HISTORY: 1962 Code Section 32-686; 1974 (58) 2837; 1995 Act No. 1, Section 3.
 A physician is not in violation of Section 44-41-680 if the physician acts in accordance with Section 44-41-630 and the method used to test for the presence of a fetal heartbeat does not reveal a fetal heartbeat.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 This article must not be construed to repeal, by implication or otherwise, Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion. An abortion that complies with this article but violates the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law must be considered unlawful as provided in such provision. An abortion that complies with the provisions of Section 44-41-20 or any otherwise applicable provision of South Carolina law regulating or restricting abortion but violates this article must be considered unlawful as provided in this article. If some or all of the provisions of this article are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of South Carolina law regulating or restricting abortion must be enforced as though such restrained or enjoined provisions had not been adopted; provided, however, that whenever such temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 Nothing in this article prohibits the sale, use, prescription, or administration of a drug, device, or chemical that is designed for contraceptive purposes.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 A pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, conspiring to commit, or acting complicitly in committing a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) A woman who meets any one or more of the following criteria may file a civil action in a court of competent jurisdiction:  (1) a woman on whom an abortion was performed or induced in violation of this article; or  (2) a woman on whom an abortion was performed or induced who was not given the information provided in Section 44-41-330.  (B) A woman who prevails in an action filed pursuant to subsection (A) shall receive the following from the person who committed the act or acts described in subsection (A):  (1) damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact after consideration of the evidence; and  (2) court costs and reasonable attorney's fees.  (C) If the defendant in an action filed pursuant to subsection (A) prevails and the court finds that the commencement of the action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, then the court shall award reasonable attorney's fees to the defendant; provided, however, that a conclusion of frivolousness cannot rest upon the unconstitutionality of the provision that was allegedly violated.  HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.  Validity  For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
 (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.  (B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section.  HISTORY: 1995 Act No. 1, Section 1.
 (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.  (b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.  (c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.  HISTORY: 1962 Code Section 32-687; 1974 (58) 2837.
 (A) A physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars or imprisoned for not less than five years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for that purpose.  (B) As used in this section:  (1) the term "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.  (2) the term "physician" means a physician, surgeon, or osteopath authorized to practice medicine in this State and licensed pursuant to Chapter 47 of Title 40. However, an individual who is not a physician, but who directly and knowingly performs a partial-birth abortion is also subject to the provisions of this section.  (C)(1) The father, if married to the mother at the time she receives a partial-birth abortion, and if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus have a cause of action against the physician or other person unlawfully performing a partial-birth abortion and may obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.  (2) Such relief includes, but is not limited to:  (a) actual damages which shall be trebled;  (b) punitive damages for all injuries, psychological and physical, occasioned by the violation of this section; and  (c) reasonable costs and attorney's fees.  (D) A woman upon whom a partial-birth abortion is performed may not be prosecuted for a violation of this section, for a conspiracy to violate this section, or for any other offense which is based on a violation of this section.  HISTORY: 1997 Act No. 11, Section 1.
 The implied warranties of merchantability and fitness are not applicable to a contract for the sale, procurement, processing, distribution, or use of human tissues including, but not limited to, corneas, bones or organs, whole blood, plasma, blood products, or blood derivatives. Human tissue, whole blood, plasma, blood products, and blood derivatives must not be considered commodities subject to sale or barter, and the transplanting, injection, transfusion, or other transfer of these substances into the human body are considered a medical service.  HISTORY: 1962 Code Section 32-559; 1968 (55) 2670; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
 The following must be documented in the medical records of patients identified as potential organ or tissue donors:  (1) why a family is not contacted to request organ or tissue donation;  (2) when a family is contacted to request organ or tissue donation and the outcome of the contact;  (3) disposition of a referral to a procurement agency, including acceptance or rejection by the agency. The appropriate procurement agency shall notify the referring hospital of the disposition;  (4) other documentation as may be required by federal or state law or regulation.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 All hospital and physician charges following declaration of death that pertain to organ and tissue donation must be paid by the appropriate procurement agency and must not be charged to the donor's estate. Procurement costs incurred by the agency must not be charged to the donor's estate.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 Each hospital shall work collaboratively with the organ and tissue procurement organization in conducting periodic death record reviews.  HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 There is established Donate Life South Carolina, an eleemosynary corporation, the resources of which must be used to promote and encourage organ and tissue donation and education and to assess and assist with the needs of transplant recipients in South Carolina. Donate Life may accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. Donate Life supplements and augments services provided by state agencies and does not take the place of these services.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 (A) Donate Life South Carolina is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:  (1) one representative from a civic organization that promotes organ or tissue donation or both;  (2) four members representing organ and tissue recipients, families of recipients, and families of donors who are residents of South Carolina; of these four members, one each must represent the Lowcountry, Pee Dee, Midlands, and Piedmont regions of the State;  (3) one forensic pathologist who is a resident of and who is licensed to practice medicine in South Carolina;  (4) four at-large members who have demonstrated an interest in organ and tissue donation and education and who are residents of this State.  (B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Members may serve no more than two full terms, except that there is no limit to the number of terms that a forensic pathologist may serve. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.  HISTORY: 1996 Act No. 262, Section 3; 1998 Act No. 289, Section 9; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 In administering this article, the board is authorized, but not limited to:  (1) develop and implement educational programs and campaigns to increase organ and tissue donation in South Carolina;  (2) make policy recommendations for the promotion of organ and tissue donation in South Carolina;  (3) assess the needs of transplant recipients and establish priorities and develop goals and objectives to assist transplant recipients who are residents of South Carolina;  (4) determine how the monies in the fund are to be disbursed;  (5) acquire and hold property;  (6) invest trust monies, including pooled investment funds maintained by the State;  (7) utilize local resources including volunteers when appropriate.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to Donate Life South Carolina, excluding the administrative fee paid to the Department of Revenue pursuant to Sections 12-6-5065 and 56-1-143.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 Funds credited to Donate Life South Carolina, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:  (1) administration of this article including, but not limited to, personnel and board expenses;  (2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with LifePoint, Inc., and the United Network for Organ Sharing;  (3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curriculums of the Medical University of South Carolina and the University of South Carolina, School of Medicine; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to Donate Life;  (4) a reserve fund in an interest-bearing account with five percent of the funds received by Donate Life annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may only be used in years in which donations do not meet the average normal operating cost incurred by Donate Life and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 Donate Life South Carolina board annually by February first shall submit a report to the General Assembly concerning its expenditures of funds, activities, and the incidence of organ and tissue donation.  HISTORY: 1996 Act No. 262, Section 3; 2006 Act No. 334, Section 1, eff June 2, 2006; 2007 Act No. 92, Section 1, eff June 14, 2007.
 (A) There is established the South Carolina Organ and Tissue Donor Registry which must be exclusively administered by Donate Life South Carolina. The registry shall include individuals who have indicated a willingness to be an organ and tissue donor by a designation on a driver's license, state identification card, donor card, online, or any other donor registry form or any other document of gift.  (B) The purpose of the registry is to:  (1) facilitate the recovery of anatomical gifts for transplantation, therapy, research, and education;  (2) collect data to develop and evaluate the effectiveness of educational initiatives promoting organ and tissue donation.  HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
 Donate Life South Carolina shall develop procedures for collecting organ and tissue donor registrants from existing databases including, but not limited to, obtaining donor information from the driver's license data bank maintained by the Department of Motor Vehicles. Donate Life also may develop other procedures including, but not limited to, establishing online donor registry enrollment.  HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
 Donate Life South Carolina shall maintain and update the following information which must be included in the registry on each registrant:  (1) full name, address, sex, birth date, and race;  (2) driver's license number or other unique identifying number; and  (3) other pertinent identifying personal information.  HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
 In developing procedures for the administration of the donor registry, Donate Life South Carolina shall specify:  (1) a process for updating information in the registry including a method whereby an individual may revoke his or her intent to be an organ and tissue donor;  (2) a method for making information available to organ procurement organizations seven days a week twenty-four hours a day;  (3) limitations on the use of and access to the registry.  HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
 All information contained in the registry is confidential and only may be accessed by procurement organizations that are licensed, accredited, or regulated under federal or state law, and only for the purpose of identifying a potential donor. Identifying information on a registrant or donor may not be disclosed or used for any other purpose without the express written consent of the registrant, donor, or the person who made the anatomical gift.  HISTORY: 2007 Act No. 92, Section 2, eff June 14, 2007.
 (A) The General Assembly finds that:  (1) A mental or physical disability does not diminish a person's right to health care.  (2) The Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services.  (3) Nationwide, individuals with mental and physical disabilities have been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplant medical requirements, or that they lack adequate support systems to ensure compliance with posttransplant medical requirements.  (4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.  (5) South Carolina residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.  (B) The General Assembly declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person with no disability who needs the same medical service.  HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
 For purposes of this article:  (1) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion.  (2) "Auxiliary aids or services" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service may include:  (a) qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments;  (b) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments;  (c) supported decision-making services, including:  (i) the use of a support individual to communicate information to the individual with a disability, ascertain the wishes of the individual, or assist the individual in making decisions;  (ii) the disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and any regulations promulgated by the United States Department of Health and Human Services to implement the act;  (iii) if an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual's health care and that medical decisions are in accordance with the individual's own expressed interests;  (iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.  (3) "Covered entity" means:  (a) any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers;  (b) any entity responsible for matching anatomical gift donors to potential recipients, including an eye bank, organ procurement organization, or tissue bank, as those terms are defined in Section 44-43-305.  (4) "Disability" has the meaning stated in the Americans with Disabilities Act of 1990, as amended.  (5) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.  (6) "Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:  (a) individuals or entities available to support and assist the individual with an anatomical gift or transplantation;  (b) auxiliary aids or services;  (c) reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for either or both of the following:  (i) communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation;  (ii) consideration of support networks available to the individual, including family, friends, and home- and community-based services, including home- and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, when determining whether the individual is able to comply with posttransplant medical requirements.  HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
 (A) The provisions of this section apply to all stages of the organ transplant process.  (B) A covered entity must not, solely on the basis of an individual's disability:  (1) consider the individual ineligible to receive an anatomical gift or organ transplant;  (2) deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and postoperative treatment and services;  (3) refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;  (4) refuse to place a qualified recipient on an organ transplant waiting list;  (5) place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability; or  (6) refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including posttransplantation and posttransfusion care.  (C) Notwithstanding subsection (B), a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.  (D) If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, a covered entity may not consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant for the purposes of subsection (C).  (E) A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, postoperative treatment, and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services.  (F) A covered entity must take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, postoperative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.  (G) Nothing in this section may be deemed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.  (H) A covered entity must otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended.  HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
 (A) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this article. The action may be brought in the circuit court for the county where the affected individual resides or resided or was denied the organ transplant or referral.  (B) In an action brought under this article, the court shall give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:  (1) requiring auxiliary aids or services to be made available for a qualified recipient;  (2) requiring the modification of a policy, practice, or procedure of a covered entity; or  (3) requiring facilities be made readily accessible to and usable by a qualified recipient.  (C) Nothing in this article is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990 or any other applicable law.  (D) This article does not create a right to compensatory or punitive damages against a covered entity.  HISTORY: 2022 Act No. 163 (H.4597), Section 1, eff May 13, 2022.
 (A) A person may lawfully donate blood if he is:  (1) at least seventeen years of age; or  (2) sixteen years of age and has the written consent of his parent or guardian.  (B) A person under eighteen years of age may not sell blood.  HISTORY: 1962 Code Section 32-560; 1971 (57) 71; 1976 Act No. 549, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2008 Act No. 186, Section 1, eff March 31, 2008; 2009 Act No. 4, Section 1, eff May 6, 2009.
 Whenever a person applies for the issuance, reissuance, or renewal of any class of driver's license, the Department of Motor Vehicles is authorized to furnish that person with a form, sufficient under the provisions of Article 5, the Revised Uniform Anatomical Gift Act, for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of the act. If a person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses.  HISTORY: 1975 (59) 202; 1980 Act No. 347, Section 1; 1993 Act No. 181, Section 1105; 1996 Act No. 459, Section 66; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
 This article may be cited as the "Revised Uniform Anatomical Gift Act".  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 As used in this article:  (1) "Adult" means an individual who is at least eighteen years of age.  (2) "Agent" means an individual:  (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or  (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.  (3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.  (4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift.  (5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under Section 44-43-350.  (6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.  (7) "Donor" means an individual whose body or part is the subject of an anatomical gift.  (8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.  (9) "Driver's license" means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit.  (10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.  (11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.  (12) "Hospital" means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law.  (13) "Identification card" means an identification card issued by the Department of Motor Vehicles.  (14) "Know" means to have actual knowledge.  (15) "Minor" means an individual who is under eighteen years of age.  (16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.  (17) "Parent" means a parent whose parental rights have not been terminated.  (18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.  (19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.  (20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.  (21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.  (22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.  (23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.  (24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.  (25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (26) "Refusal" means a record created under Section 44-43-330 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.  (27) "Sign" means, with the present intent to authenticate or adopt a record:  (a) to execute or adopt a tangible symbol; or  (b) to attach to or logically associate with the record an electronic symbol, sound, or process.  (28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  (29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.  (30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.  (31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.  (32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.  HISTORY: 1962 Code Section 32-720; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 Subject to Section 44-43-335, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 44-43-320 by:  (1) the donor, if the donor is an adult or if the donor is a minor and is at least sixteen years of age;  (2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;  (3) a parent of the donor, if the donor is less than sixteen years of age; or  (4) the donor's guardian.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A donor may make an anatomical gift:  (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;  (2) in a will;  (3) during a terminal illness or injury of the donor, by any form of oral or written communication addressed to at least two adults, at least one of whom is a disinterested witness; or  (4) as provided in subsection (B).  (B) A donor or other person authorized to make an anatomical gift under Section 44-43-315 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) state that it has been signed and witnessed as provided in item (1).  (C) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.  (D) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.  HISTORY: 1962 Code Section 32-711; 1969 (56) 625; 1998 Act No. 290, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may amend or revoke an anatomical gift by:  (1) a record signed by:  (a) the donor;  (b) the other person; or  (c) subject to subsection (B), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or  (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.  (B) A record signed pursuant to subsection (A)(1)(c) must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and  (2) state that it has been signed and witnessed as provided in item (1).  (C) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.  (D) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.  (E) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (A).  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) An individual may refuse to make an anatomical gift of the individual's body or part by:  (1) a record signed by:  (a) the individual; or  (b) subject to subsection (B), another individual acting at the direction of the individual if the individual is physically unable to sign;  (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or  (3) any form of communication made by the individual while competent during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.  (B) A record signed pursuant to subsection (A)(1)(b) must:  (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and  (2) state that it has been signed and witnessed as provided in item (1).  (C) An individual who has made a refusal may amend or revoke the refusal:  (1) in the manner provided in subsection (A) for making a refusal;  (2) by subsequently making an anatomical gift pursuant to Section 44-43-320 that is inconsistent with the refusal; or  (3) by destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.  (D) Except as otherwise provided in Section 44-43-335(H), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.  HISTORY: 1962 Code Section 32-712; 1969 (56) 625; 1992 Act No. 306, Section 2; 1998 Act No. 289, Section 5; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) Except as otherwise provided in subsection (G) and subject to subsection (F), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under Section 44-43-320 or an amendment to an anatomical gift of the donor's body or part under Section 44-43-325.  (B) A donor's revocation of an anatomical gift of the donor's body or part under Section 44-43-325 is not a refusal and does not bar another person specified in Section 44-43-315 or 44-43-340 from making an anatomical gift of the donor's body or part under Section 44-43-320 or 44-43-345.  (C) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Section 44-43-320 or an amendment to an anatomical gift of the donor's body or part under Section 44-43-325, another person may not make, amend, or revoke the gift of the donor's body or part under Section 44-43-345.  (D) A revocation of an anatomical gift of a donor's body or part under Section 44-43-325 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 44-43-320 or 44-43-345.  (E) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 44-43-315, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.  (F) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 44-43-315, an anatomical gift of a part for one or more of the purposes set forth in Section 44-43-315 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 44-43-320 or 44-43-345.  (G) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.  (H) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) Subject to subsections (B) and (C) and unless barred by Section 44-43-330 or 44-43-335, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:  (1) an attorney-in-fact appointed by the decedent in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;  (2) a spouse of the decedent unless the spouse and the decedent are separated pursuant to one of the following:  (a) entry of a pendente lite order in a divorce or separate maintenance action;  (b) formal signing of a written property or marital settlement agreement;  (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the spouse and the decedent;  (3) adult children of the decedent;  (4) parents of the decedent;  (5) adult siblings of the decedent;  (6) adult grandchildren of the decedent;  (7) grandparents of the decedent;  (8) an adult who exhibited special care and concern for the decedent;  (9) the persons who were acting as the guardians of the person of the decedent at the time of death; and  (10) any other person authorized or under obligation to dispose of the body.  (B) If there is more than one member of a class listed in subsection (A)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 44-43-350 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.  (C) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (A) is reasonably available to make or to object to the making of an anatomical gift.  HISTORY: 1962 Code Section 32-713; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A person authorized to make an anatomical gift under Section 44-43-340 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.  (B) Subject to subsection (C), an anatomical gift by a person authorized under Section 44-43-340 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 44-43-340 may be:  (1) amended only if a majority of the reasonably available members agree to the amending of the gift; or  (2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.  (C) A revocation under subsection (B) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician, or technician knows of the revocation.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) An anatomical gift may be made to the following persons named in the document of gift:  (1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;  (2) subject to subsection (B), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;  (3) an eye bank or tissue bank.  (B) If an anatomical gift to an individual under item (2) of subsection (A) cannot be transplanted into the individual, the part passes in accordance with subsection (G) in the absence of an express, contrary indication by the person making the anatomical gift.  (C) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (A), but identifies the purpose for which an anatomical gift may be used, the following rules apply:  (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.  (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.  (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.  (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.  (D) For the purpose of subsection (C), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.  (E) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (A) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (G).  (F) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (G).  (G) For purposes of subsections (B), (E), and (F) the following rules apply:  (1) If the part is an eye, the gift passes to the appropriate eye bank.  (2) If the part is tissue, the gift passes to the appropriate tissue bank.  (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.  (H) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under item (2) of subsection (A), passes to the organ procurement organization as custodian of the organ.  (I) If an anatomical gift does not pass pursuant to subsections (A) through (H) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.  (J) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Section 44-43-320 or 44-43-345, or if the person knows that the decedent made a refusal under Section 44-43-330, that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.  (K) Except as otherwise provided in item (2) of subsection (A), nothing in this article affects the allocation of organs for transplantation or therapy.  HISTORY: 1962 Code Section 32-714; 1969 (56) 625; 1998 Act No. 289, Section 6; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A person who finds or is in possession of a document of gift or of refusal that was executed by an individual who the person reasonably believes is dead or near death shall, if the individual is taken to a hospital, send the document of gift or refusal to the hospital.  (B) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A document of gift need not be delivered during the donor's lifetime to be effective.  (B) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 44-43-350.  HISTORY: 1962 Code Section 32-715; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) When a hospital refers an individual at or near death to a procurement organization, the organization shall cause a reasonable search to be made of the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether the individual has made an anatomical gift.  (B) A procurement organization must be allowed reasonable access to information in the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether an individual at or near death is a donor.  (C) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.  (D) Unless prohibited by law other than this article, at any time after a donor's death, the person to which a part passes under Section 44-43-350 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.  (E) Unless prohibited by law other than this article, an examination under subsection (C) or (D) may include an examination of all medical and dental records of the donor or prospective donor.  (F) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.  (G) Upon referral by a hospital under subsection (A), a procurement organization shall make a reasonable search for any person listed in Section 44-43-340 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it promptly shall advise the other person of all relevant information.  (H) Subject to Sections 44-43-350(I) and 44-43-405, the rights of the person to which a part passes under Section 44-43-350 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 44-43-350, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.  (I) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.  (J) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.  HISTORY: 1962 Code Section 32-716; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) Except as otherwise provided in subsection (B), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.  (B) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.  HISTORY: 1962 Code Section 32-717; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A person that acts in good faith in accord with the terms of this article, or under the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. However, immunity from civil liability does not extend to cases of provable malpractice on the part of a physician, surgeon, or technician.  (B) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.  (C) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in Section 44-43-340 (A)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) A document of gift is valid if executed in accordance with:  (1) this article;  (2) the laws of the state or country where it was executed; or  (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.  (B) If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.  (C) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) For purposes of this section:  (1) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.  (2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.  (3) "Health care decision" means any decision regarding the health care of the prospective donor.  (B) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this article to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 44-43-340. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 Donations and gifts of all or part of a person's body made at the time of application, issuance, reissuance, or renewal of a driver's license pursuant to this chapter must be noted on the person's driver's license. After a driver's license has been issued, reissued, or renewed, the department shall issue to each person who has notified the department that he is a donor under the Revised Uniform Anatomical Gift Act a suitable emblem embedded within the person's driver's license to indicate his status as a donor. The department is not the registry of anatomical gifts.  HISTORY: 1975 (59) 202; 1980 Act No. 347, Section 2; 1984 Act No. 412, Section 1; 1998 Act No. 289, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
 (A) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.  (B) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.  HISTORY: 1962 Code Section 32-719; 1969 (56) 625; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 (A) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.  (B) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.  (C) A person that has any information requested by a coroner pursuant to subsection (B) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.  (D) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.  (E) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner shall consult with the forensic pathologist and the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery.  (F) If the coroner or designee allows recovery of a part under subsection (D), or (E), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. This article must be liberally construed to effectuate the wishes of the donor.  HISTORY: 1998 Act No. 290, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 2, eff May 6, 2009.
 This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(A) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(B) of that act, 15 U.S.C. Section 7003(B).  HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
 This act may be cited as the Uniform Determination of Death Act.  HISTORY: 1984 Act No. 339, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
 An individual who has sustained irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.  HISTORY: 1984 Act No. 339, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006.
 The Department of Motor Vehicles, its officers, and employees are immune from any civil liability for any acts or omissions in carrying out the provisions of Section 44-43-40.  HISTORY: 1984 Act No. 412, Section 2; 1993 Act No. 181, Section 1106; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 1, eff May 6, 2009.
 The faculty members of the departments of anatomy and surgery of the Medical University of South Carolina and the University of South Carolina, School of Medicine, or any other colleges or schools of this State authorized by law to teach medical science and issue diplomas, constitute a board for the distribution and delivery of dead human bodies as and for the purpose provided in this article.  HISTORY: 1962 Code Section 9-501; 1952 Code Section 9-501; 1942 Code Section 3443; 1932 Code Section 3443; Civ. C. '22 Section 1052; Civ. C. '12 Section 929; 1909 (26) 166; 1952 (47) 1875; 1998 Act No. 289, Section 7; 2006 Act No. 334, Section 1, eff June 2, 2006.
 The board may adopt rules and promulgate regulations for its government and the proper discharge of its functions. The board shall keep a record of its proceedings and particularly of all bodies received and distributed. These records must be open at all times to the inspection of each member of the board and the Attorney General and the solicitor of each circuit in the State.  HISTORY: 1962 Code Section 9-502; 1952 Code Section 9-502; 1942 Code Sections 3443, 3444; 1932 Code Sections 3443, 3444; Civ. C. '22 Sections 1052, 1053; Civ. C. '12 Sections 929, 930; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 Each officer, agent, and servant of every city in the State and of every almshouse, prison, morgue, hospital, jail, or other public institution in cities having charge or control of any dead human body that is required to be buried at the public expense and every officer or other person having charge or control of the body of any person upon whom the sentence of death for crime has been executed under the law shall notify the board, or the person or persons as may, from time to time, be designated by the board or the board's authorized officer or agent, whenever and as soon as a body comes to the person's possession, charge, or control and shall, without fee or reward, deliver the body and permit the board and its agents, and physicians and surgeons as may, from time to time, be designated by the board, to take and remove the body to be used for the advancement of medical science.  HISTORY: 1962 Code Section 9-503; 1952 Code Section 9-503; 1942 Code Section 3445; 1932 Code Section 3445; Civ. C. '22 Section 1054; Civ. C. '12 Section 931; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 Notice is not required to be given and a body must not be delivered if a person claiming to be, and satisfying the authorities in charge of the body that he is, of kin or related by marriage to the deceased claims the body for burial and pays the burial expenses; and notice is not required to be given for the body to be delivered if the deceased was a traveler who died suddenly.  HISTORY: 1962 Code Section 9-504; 1952 Code Section 9-504; 1942 Code Section 3445; 1932 Code Section 3445; Civ. C. '22 Section 1054; Civ. C. '12 Section 931; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 The bodies received must be distributed by the board to and among medical colleges and schools of the State and physicians and surgeons as the board may designate. The colleges and schools first must be supplied with bodies needed for lectures and demonstration. The remaining bodies must be distributed equitably among the physicians and surgeons; however, in equitable distribution of the bodies, the physicians and surgeons of the city where the death of the person took place have prior right to receive the body. The board, instead of by themselves or through their agents receiving and delivering bodies, may, from time to time, either directly or by their officers or agents, designate physicians and surgeons to receive the bodies and the number each shall receive. For the purpose of the distribution contemplated by this section, a body must be held, subject to the order of the board or its authorized agent, in the city where death occurs not less than twenty-four hours.  HISTORY: 1962 Code Section 9-505; 1952 Code Section 9-505; 1942 Code Section 3446; 1932 Code Section 3446; Civ. C. '22 Section 1055; Civ. C. '12 Section 932; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 The board may employ a carrier or carriers for conveyance of bodies, which must be well enclosed in a suitable case and carefully deposited, free from public observation. Every carrier shall obtain a receipt by name or, if the person be unknown, by a description for each body delivered by the carrier and deposit the receipt with the board or its authorized agent. After the bodies have been sufficiently used for the purposes of instruction, the bodies must be decently and respectfully disposed of by the university, college, physicians, or surgeons, as the case may be, receiving them.  HISTORY: 1962 Code Section 9-506; 1952 Code Section 9-506; 1942 Code Section 3447; 1932 Code Section 3447; Civ. C. '22 Section 1056; Civ. C. '12 Section 933; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 (A) It is unlawful for a person to sell or buy a dead human body or in any way to traffic in dead human bodies.  (B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or, in the discretion of the court, be imprisoned not more than one year; however, the board may, on the application of any person, empower that person to import into this State and traffic in anatomical material and pathological specimens as the board may designate.  HISTORY: 1962 Code Section 9-508; 1952 Code Section 9-508; 1942 Code Sections 1373, 3448; 1932 Code Sections 1373, 3448; Civ. C. '22 Section 1057; Cr. C. '22 Section 276; Civ. C. '12 Section 934; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 If a person fails or refuses to perform any duty imposed upon him by this article the person must, for every failure or refusal, be fined not less than one hundred or more than five hundred dollars.  HISTORY: 1962 Code Section 9-509; 1952 Code Section 9-509; 1942 Code Section 3448-1; 1932 Code Section 1500; Cr. C. '22 Section 448; Cr. C. '12 Section 403; 1909 (26) 166; 2006 Act No. 334, Section 1, eff June 2, 2006.
 This article may be cited as the Bone Marrow Donor Act.  HISTORY: 1992 Act No. 505, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
 (A) Bone marrow donor programs are established within the Medical University of South Carolina and within the University of South Carolina, School of Medicine. The purpose of each program is to educate citizens of the State about:  (1) the need for bone marrow donors;  (2) the procedures required to become registered as a potential bone marrow donor, including the procedures for determining the person's tissue type; and  (3) the medical procedures a donor must undergo to donate bone marrow.  (B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina, School of Medicine, in conjunction with the Department of Motor Vehicles, shall make educational materials available at all places where drivers' licenses are issued or renewed.  HISTORY: 1992 Act No. 505, Section 1; 1993 Act No. 181, Section 1107; 1996 Act No. 459, Section 67; 1998 Act No. 289, Section 2; 2006 Act No. 334, Section 1, eff June 2, 2006.
 A pathologist or a licensed physician or surgeon may conduct a postmortem examination on a dead human body when consent is given in writing by the person prior to his death or when consent is given by the spouse of the deceased; but if the spouse at the time of death was living apart from the deceased, or, if there is no spouse surviving, the consent may be given by whichever one of the next of kin, as determined by law of this State, assumes custody of the body for burial purposes; however, the autopsy must not be performed under a consent given by a person if, before the autopsy is performed, any other next of kin objects in writing to the person by whom the autopsy is to be performed. If two or more persons assume custody of the body, consent of one of them is sufficient. If no next of kin assumes custody of the body for burial purposes, consent may be given by the person who assumes custody of the body for burial. If all of the next of kin are minors, the consent of a minor who is sixteen years of age or older is sufficient. A consent purporting to have been given by a person authorized to give consent is conclusively presumed to have been given by the person.  HISTORY: 1962 Code Section 32-558; 1967 (55) 370; 2006 Act No. 334, Section 1, eff June 2, 2006.
 (A) Except for an autopsy or postmortem examination ordered by a coroner or medical examiner, no autopsy or postmortem examination may be performed unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.  (B) In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.  HISTORY: 1996 Act No. 419, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
 If a patient dies in a hospital or a health care facility where invasive surgical procedures are performed, the person authorized to consent, as determined in accordance with Section 44-43-710, has the right to have an autopsy performed. The hospital or health care facility where invasive surgical procedures are performed, in writing, shall inform the person authorized to consent of this right. The notification must inform the person that if there is a charge for the autopsy the cost is to be paid by a private source.  HISTORY: 2010 Act No. 226, Section 2, eff July 1, 2010.  Editor's Note  2010 Act No. 226, Section 1, provides:  "This act may be cited as the 'Ann S. Perdue Independent Autopsy Fairness Act of 2010'."
 (A) An employer may grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. As used in this section, "employer" means a person or entity that employs twenty or more employees at least at one site within this State and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, city, or other governmental subdivision. "Employee" means a person who performs services for hire for an employer for an average of twenty or more hours a week and includes all individuals employed at a site owned or operated by an employer but does not include an independent contractor.  (B) The combined length of paid leaves of absence requested by an employee must be determined by the employee but may not exceed forty work hours unless the employer agrees to a longer period of time. The employer may require verification by a physician of the purpose and length of each paid leave of absence requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee before that medical determination is not forfeited.  (C) An employer may not retaliate against an employee for requesting or obtaining a paid leave of absence as provided by this section.  (D) This section does not prevent an employer from providing a paid leave of absence for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.  HISTORY: 1992 Act No. 505, Section 1; 2006 Act No. 334, Section 1, eff June 2, 2006.
 As used in this article:  (1) "Hospital" means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law.  (2) "Potential organ or tissue donor" means a person who has died or is dying.  (3) "Organ and Tissue Procurement Organization" means the organ procurement organization designated to perform organ recovery services in South Carolina by the United States Department of Health and Human Services which also has the capability to procure tissue.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 A hospital shall establish policies on organ and tissue donation, as well as on related continuing education, in accordance with applicable federal and state laws and regulations.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 When death is imminent or has occurred, the hospital shall notify the organ procurement organization in a timely manner in accordance with applicable federal and state laws and regulations.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 All relevant hospital administration and staff shall collaborate with the organ and tissue procurement organization in a cooperative effort to support and promote the donation process.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 (A) If upon referral of a potential organ or tissue donor, the organ and tissue procurement organization determines that the donation is not appropriate based on established medical criteria, this determination must be noted by hospital personnel on the patient's record. Within two hours of this determination and the deceased patient's next-of-kin designating a funeral director, the hospital shall notify the funeral director of this designation and when the body of the deceased will be made available to the funeral director.  (B) If the organ and tissue procurement organization determines that the patient is a suitable candidate for organ or tissue donation, a representative of the organ and tissue procurement organization shall contact the appropriate person authorized to consent to the donation pursuant to Section 44-43-340.  (C) Discretion and sensitivity to family circumstances and religious beliefs must be used in all contacts with family members regarding organ and tissue donation.  HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 As provided in Section 44-43-340, persons in the stated order of priority may give consent for organ or tissue donation.  HISTORY: 1991 Act No. 29, Section 1; 1992 Act No. 306, Section 7; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 If a death is under the jurisdiction of the coroner or medical examiner, as provided in Section 17-5-530, written or verbal permission must be obtained by the organ and tissue procurement organization from the coroner or medical examiner before organ or tissue recovery. A coroner or medical examiner should refer to the designated organ and tissue procurement organization in South Carolina as a potential donor a person whose death occurs outside of a hospital.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2001 Act No. 73, Section 6, eff July 20, 2001; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 (A) LifePoint, Inc. within the territory designated pursuant to federal law, is the exclusive agency to receive potential organ donor referrals and organ donations and tissue referrals and tissue donations so long as this entity remains and is certified by the Centers for Medicare and Medicaid Services and abides by the regulations of the Organ Procurement Transplantation Network and the United Network for Organ Sharing or its successor.  (B) LifePoint, Inc. annually by April first shall submit a report to the General Assembly concerning its activities and the incidence of organ and tissue donation.  HISTORY: 1991 Act No. 29, Section 1; 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 The organ and tissue procurement organization may not assess a charge, fee, or cost against another procurement agency for referral of an organ or tissue donor. However, reasonable charges for related services pursuant to contractual relationships are permissible.  HISTORY: 1998 Act No. 289, Section 8; 2006 Act No. 334, Section 1, eff June 2, 2006; 2009 Act No. 4, Section 3, eff May 6, 2009.
 This act may be cited as the "South Carolina Birth Defects Act".  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 Birth defects data may be used and disclosed for the purposes of scientific research concerning causation, prevention strategies, epidemiological analysis, environmental and geographic study, and other purposes authorized by the department.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 Data may be provided to the National Center for Birth Defects and Developmental Disabilities at the Centers for Disease Control and Prevention to enhance scientific, epidemiological, and investigative efforts and studies.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The department may negotiate and enter into cooperative agreements and contracts with federal agencies, other states, universities, genetics centers, and other parties, as appropriate, in order to facilitate operation of the program.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 Birth defects data must also be used to ensure that optimal treatment and services are available to any affected child and family. A family whose child is identified with a structural birth defect may be contacted by the department through the child's health care provider, or directly when necessary, in order to offer services. Family acceptance of referrals is voluntary. Referral procedures must be promulgated by the department in regulation.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 (A) All birth defects information collected by the department in the birth defects program is confidential and must be used solely for the purposes provided in this chapter.  (B) The department shall maintain confidentiality in regard to:  (1) data ascertainment;  (2) data and record retention;  (3) epidemiological study and reporting;  (4) research uses;  (5) referral for services for children and families;  (6) identifying data obtained from health and medical records; and  (7) data obtained from any source for any other use.  (C) An entity required to provide information to the department pursuant to Section 44-44-80 is not subject to liability for providing access and information or use and disclosure of protected health information. This access and reporting may not be considered a waiver, breach, or violation of a confidential relationship.  (D) Any use and disclosure of birth defects information must be governed by applicable confidentiality procedures of the department, using written confidentiality agreements and applicable laws. Information that is disclosed must be used only for purposes approved by the department.  (E) The program shall keep an accurate record of all persons allowed access to birth defects information for research or other authorized purposes. Records are not required to be kept on information shared with providers or families pursuant to the referral for services procedures in Section 44-44-130 and on data provided pursuant to Section 44-44-110 or Section 44-44-120. Records of access must be retained for six years and open to public inspection. Persons allowed access to data must be required to sign and maintain confidentiality agreements.  (F) A person who violates any of the confidentiality provisions of this chapter or an agreement entered into pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days.  (G) Nothing in this section prohibits publication of reports and statistical compilations without identifying information.  (H) A child's parent or legal guardian who wants to review information concerning their child from the birth defects information system may request access to their child's information from the department. The department shall disclose and discuss the database information and the nature of all uses of this information with the parent. A parent may request in writing, on a form provided by the department, removal of this information from the system and the child's data must be deleted. To the extent that an individual child's information may have been included in aggregate releases, that information must not be deleted.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The department shall promulgate regulations necessary to carry out the provisions of this chapter.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 Implementation of this chapter is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.  
 For purposes of this chapter:  (1) "Birth defect" is defined as structural malformation, deformation, or disruption, present at birth, as determined before or after birth.  (2) "Department" means the South Carolina Department of Health and Environmental Control.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 (A) There is established the South Carolina Birth Defects Program within the Department of Health and Environmental Control to promote increased understanding of birth defects, prevent and reduce birth defects, and assist families with children who have birth defects.  (B) As part of this program, the department shall conduct public health monitoring, make appropriate referrals and provide other interventions related to birth defects. Information obtained pursuant to this subsection must be used for:  (1) public health and epidemiology purposes in which incidence, distribution, causes, risk factors, and trends may be studied. This data may be published and made accessible for education and research purposes. This information must be released in aggregate form only without identifying information;  (2) referral for service and treatment purposes so that referrals of the individual child and family may be facilitated for optimal care. The department or its employees must not provide referral services or counseling for the purpose of pregnancy termination by induced abortion, nor use any funds under this program for services or counseling for the purpose of pregnancy termination by induced abortion. Referral information is confidential and must be maintained in accordance with Section 44-44-140.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.  Editor's Note  2004 Act No. 281, Section 2, provides as follows:  "The provisions of this act are severable except for the provisions of Section 44-44-30(B)(2). If a court determines that the provisions of Section 44-44-30(B)(2) are unconstitutional, invalid, or unenforceable, the remaining provisions of this act are deemed void."
 (A) There is established the Birth Defects Advisory Council composed of at least thirteen members to be appointed by the commissioner of the department, with an odd total number of members. The members shall include at least one representative from each of the following organizations, upon the recommendation of the director of the respective organization:  (1) American Academy of Pediatrics, South Carolina Chapter, a board- certified physician in neonatal-perinatal medicine;  (2) American College of Obstetrics and Gynecology, South Carolina Chapter, a board-certified physician in maternal fetal medicine;  (3) Greenwood Genetic Center;  (4) University of South Carolina School of Medicine, a board-certified genetics professional who must be a physician or genetics counselor;  (5) Medical University of South Carolina, a board-certified physician in pediatric cardiology or a board-certified genetics professional;  (6) March of Dimes, South Carolina Chapter;  (7) South Carolina Perinatal Association;  (8) South Carolina Department of Disabilities and Special Needs;  (9) South Carolina Department of Health and Human Services;  (10) Parent of a child with a birth defect, recommended by a South Carolina family advocacy or disability organization;  (11) An adult who was born with a birth defect, recommended by a South Carolina family advocacy or disability organization;  (12) South Carolina Hospital;  (13) South Carolina Medical Association, a licensed physician specializing in genetics.  (B) The Birth Defects Advisory Council shall meet periodically, but at least annually, with staff from the department. The commissioner of the department or his designee must be a nonvoting ex officio advisory council member.  (C) The advisory council may make recommendations to the department concerning the following:  (1) the establishment of procedures for the birth defects program;  (2) the transition from the existing South Carolina Neural Tube Defects Prevention Program into an integrated system of comprehensive birth defects monitoring based at the department;  (3) the allocation of funding, cooperative agreements, and grants; and  (4) evaluation of the birth defects program.  (D) The members of the council shall serve in a voluntary capacity and are not entitled to compensation, mileage, per diem, or subsistence.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The department shall conduct active monitoring of birth defects, with selection procedures, and internal policy to be established in conjunction with recommendations from the advisory council.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The Birth Defects Program shall concentrate on public health surveillance and monitoring birth defects. Data may be made available to persons or institutions outside the program for education, research, provision of services, and other purposes in accordance with program procedures.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The department shall maintain a central database for the gathering of data from hospitalizations, specialty clinics, births, pregnancies, stillbirths, and pediatric deaths through age two, throughout the State, including border regions. The department shall establish procedures for active birth defect case ascertainment. The data system must be maintained to be accurate, timely, and dynamic, and the department shall institute procedures to make this system effective. The department may expand the age range for data collection as resources become available and if the department determines the additional data collection would benefit the program.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 All hospitals, health providers, birth centers, clinics, medical records departments, third party payors, laboratories, universities, and other sources of birth defects information shall provide access to all health or medical records for the purpose of surveillance and identification of birth defects in accordance with procedures promulgated by the department in regulation. This access is protected by state and federal law concerning birth defects monitoring, and confidentiality must be maintained by the department in accordance with Section 44-44-140. Individually identifiable data may not be made available to the public.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 The department shall report annually, beginning within two years of this program becoming operational, to the General Assembly and the Governor and shall make copies of the report available to the public. The report may include data about birth defects in South Carolina including, but not limited to, analysis of incidence and trends and mortality and outcomes. The report must contain only aggregate data and may not identify any individual.  HISTORY: 2004 Act No. 281, Section 1, eff May 11, 2004.
 This chapter is known and may be cited as the "Sexually Violent Predator Act".  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 (A) The court or jury must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court must direct the person's release. Upon a mistrial, the court must direct that the person be held at a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.  (B) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court must enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 4, eff May 12, 2010.
 A person committed pursuant to this chapter must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court must conduct an annual hearing to review the status of the committed person. The committed person is not prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice must contain a waiver of rights. The director must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 (A) If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director must certify such determination in writing with the specific basis thereof, authorize the person to petition the court for release, and notify the Attorney General of the certification and authorization. The petition must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding.  (B) The court, upon receipt of the petition for release, must order a hearing within thirty days unless the Attorney General requests an examination by a qualified expert as to whether the petitioner's mental abnormality or personality disorder has so changed that the petitioner is safe to be at large and, if released, is not likely to commit acts of sexual violence, or the petitioner or the Attorney General requests a trial before a jury. The Attorney General must represent the State and has the right to have the petitioner examined by qualified experts chosen by the State. If the Attorney General retains a qualified expert who concludes that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, if released, is likely to commit acts of sexual violence, the petitioner may retain a qualified expert of his own choosing to perform a subsequent examination. In the case of an indigent petitioner who would like an expert of his own choosing, the court must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court must assist the petitioner in obtaining the expert to perform an examination or participate in the hearing or trial on the petitioner's behalf. The court must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the petitioner, and compensation received in the case or for the same services from any other source. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 5, eff May 12, 2010.
 Nothing in this chapter prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner continued to be a threat and, if released, would commit acts of sexual violence, the court must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, must deny the petition without a hearing.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 The involuntary detention or commitment of a person pursuant to this chapter must conform to constitutional requirements for care and treatment.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.  
 The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily-committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 For purposes of this chapter:  (1) "Sexually violent predator" means a person who:  (a) has been convicted of a sexually violent offense; and  (b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.  (2) "Sexually violent offense" means:  (a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;  (b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;  (c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;  (d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A);  (e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B);  (f) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);  (g) engaging a child for a sexual performance, as provided in Section 16-3-810;  (h) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;  (i) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;  (j) incest, as provided in Section 16-15-20;  (k) buggery, as provided in Section 16-15-120;  (l) violations of Article 3, Chapter 15, Title 16 involving a minor when the violations are felonies;  (m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;  (n) attempt to commit an offense enumerated in this item as provided by Section 16-1-80;  (o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense; or  (p) criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was to:  (i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or  (ii) perform a sexual activity in the presence of the person solicited.  (3) "Mental abnormality" means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.  (4) "Sexually motivated" means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.  (5) "Agency with jurisdiction" means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.  (6) "Convicted of a sexually violent offense" means a person has:  (a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;  (b) been adjudicated delinquent as a result of the commission of a sexually violent offense;  (c) been charged but determined to be incompetent to stand trial for a sexually violent offense;  (d) been found not guilty by reason of insanity of a sexually violent offense; or  (e) been found guilty but mentally ill of a sexually violent offense.  (7) "Court" means the court of common pleas.  (8) "Total confinement" means incarceration in a secure state or local correctional facility and does not mean any type of community supervision.  (9) "Likely to engage in acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.  (10) "Person" means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.  (11) "Victim" means an individual registered with the agency of jurisdiction as a victim or as an intervenor.  (12) "Intervenor" means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2004 Act No. 208, Section 15, eff April 26, 2004; 2012 Act No. 255, Section 11, eff June 18, 2012.
 (A) If a person has been convicted of a sexually violent offense, the agency with jurisdiction must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least two hundred seventy days before:  (1) the person's anticipated release from total confinement, except that in the case of a person who is returned to prison for no more than two hundred seventy days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;  (2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;  (3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or  (4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.  (B) If a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release must be granted to be effective one hundred eighty days after the date of the order of parole or conditional release. The Board of Probation, Parole and Pardon Services, the Board of Juvenile Parole, or the South Carolina Department of Corrections immediately must send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person is subject to the provisions of this chapter even though the person has been released on parole or conditional release.  (C) The agency with jurisdiction must inform the multidisciplinary team, the victim, and the Attorney General of:  (1) the person's name, identifying factors, anticipated future residence, and offense history; and  (2) documentation of institutional adjustment and any treatment received.  (D) The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004, except subsection (A); 2010 Act No. 158, Section 1, eff November 8, 2010.
 The Director of the Department of Corrections must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:  (1) a representative from the Department of Corrections;  (2) a representative from the Department of Probation, Parole and Pardon Services;  (3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;  (4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and  (5) an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.  The Director of the Department of Corrections or his designee appointed pursuant to item (1) shall be the chairman of the team.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 The Attorney General must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee must include, but is not limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee must also consider information provided by the circuit solicitor who prosecuted the person.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.
 (A) Upon filing of a petition, the court must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.  (B) Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court must:  (1) verify the detainee's identity;  (2) receive evidence and hear arguments from the person and the Attorney General; and  (3) determine whether probable cause exists to believe that the person is a sexually violent predator.  The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.  (C) At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:  (1) to be represented by counsel;  (2) to present evidence on the person's behalf;  (3) to cross-examine witnesses who testify against the person; and  (4) to view and copy all petitions and reports in the court file.  (D) If the probable cause determination is made, the court must direct that upon completion of the criminal sentence, the person must be transferred to a local or regional detention facility pending conclusion of the proceedings under this chapter. The court must further direct that the person be transported to an appropriate facility of the South Carolina Department of Mental Health for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert appointed by the court at the probable cause hearing. The expert must complete the evaluation within sixty days after the completion of the probable cause hearing. The court may grant one extension upon request of the expert and a showing of good cause. Any further extensions only may be granted for extraordinary circumstances.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 2, eff May 12, 2010.
 (A) The court must conduct a trial to determine whether the person is a sexually violent predator.  (B) Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If no request is made, the trial must be before a judge in the county where the offense was committed within ninety days of the date the court appointed expert issues the evaluation as to whether the person is a sexually violent predator, pursuant to Section 44-48-80(D), or, if there is no term of court, the next available date thereafter. If a request is made, the court must schedule a trial before a jury in the county where the offense was committed within ninety days of the date the court appointed expert issues the evaluation as to whether the person is a sexually violent predator, pursuant to Section 44-48-80(D), or, if there is no term of court, the next available date thereafter. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court must appoint counsel to assist the person.  (C) Upon receipt of the evaluation issued by the court appointed expert as to whether the person is a sexually violent predator pursuant to Section 44-48-80(D), the person or the Attorney General may retain a qualified expert to perform a subsequent examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.  HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 3, eff May 12, 2010.
 (A) There is established the Department of Alcohol and Other Drug Abuse Services. The department shall be vested with all the functions, powers, and duties, of the South Carolina Commission on Alcoholism and the South Carolina Commission on Alcohol and Drug Abuse and shall have full authority for formulating, coordinating and administering the state plans for controlling narcotics and controlled substances and alcohol abuse.  (B) All functions, powers, and duties of the commissioner of the narcotics and controlled substances section of the State Planning and Grants Division (Division of Administration in the Office of the Governor) are hereby transferred to the department, except those powers and duties related to the traffic of narcotics and controlled substances as defined in Section 44-53-130 which shall be vested in the State Law Enforcement Division.  (C) All rules and regulations promulgated by the commissioner of narcotics and controlled substances shall remain in effect until changed by the department.  (D) The department is authorized to establish a block grant mechanism to provide such monies as may be appropriated by the Legislature for this purpose to each of the agencies designated under Section 61-12-20(a). The distribution of these monies must be on a per capita basis according to the most recent United States Census. The agencies designated under Section 61-12-20(a) must expend any funds received through this mechanism in accordance with the county plans required under Section 61-12-20(b).  (E) The department is authorized to develop such rules and regulations not inconsistent with the provisions of this chapter as it may find to be reasonably appropriate for the government of the county plans called for in Section 61-12-20(b), and the financial and programmatic accountability of funds provided under this section and all other funds provided by the department to agencies designated under Section 61-12-20(a).  HISTORY: 1962 Code Sections 32-896, 32-1510.21; 1957 (50) 336; 1966 (54) 2182; 1971 (57) 800; 1974 (58) 2284; 1984 Act No. 512, Part II, Section 25; 1993 Act No. 181, Section 1108.
 The Department of Alcohol and Other Drug Abuse Services shall be headed by a director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.  HISTORY: 1962 Code Section 32-897; 1957 (50) 336; 1966 (54) 2182; 1993 Act No. 181, Section 1108.
 (A) The department shall arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.  (B) Results, information, and evidence received from the Department of Health and Environmental Control relating to the regulatory functions of this chapter and Article 3 of Chapter 53, including results of inspections conducted by such department, may be relied upon and acted upon by the department in conformance with its administration and coordinating duties under this Chapter and Article 3 of Chapter 53.  (C)(1) The department shall: Plan, coordinate and cooperate in educational programs for schools, communities and general public designed to prevent and deter misuse and abuse of controlled substances;  (2) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;  (3) Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;  (4) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;  (5) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;  (6) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;  (7) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances;  (8) Encourage research on misuse and abuse of controlled substances;  (9) Cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;  (10) Cooperate in making studies and in undertaking programs of research to  (a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of Sections 44-49-10, 44-49-40 and 44-49-50 and Article 3 of Chapter 53;  (b) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and  (c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances.  (D) The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.  (E) The department may enter into contracts for educational and research activities without performance bonds.  (F) The department is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including federal funds, or funds from any other source for use in furthering the purpose of the department. The department is authorized to administer the grants and contracts arising from the federal program entitled the Drug-Free Schools and Communities Act of 1986, P.L. 99-570.  HISTORY: 1962 Code Section 32-1510.23; 1971 (57) 800; 1993 Act No. 181, Section 1108.
 It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Department of Alcohol and Other Drug Abuse Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the department.  HISTORY: 1962 Code Section 32-1510.22; 1971 (57) 800; 1993 Act No. 181, Section 1108.
 The department shall appoint a supervisor of adult education for the prevention of alcoholism, who shall be responsible for activating and implementing an adequate alcoholic education program for the citizens of this State above high school age. The program shall be designed to prevent or reduce alcoholism in this State and to create a recognition and understanding of the problem.  In carrying out the provisions of this section the department and the supervisor of adult education for the prevention of alcoholism may consult and work in conjunction with groups such as Alcoholics Anonymous, the Yale Center of Alcohol Studies of Yale University, the Research Council on Problems of Alcohol of the American Association for the Advancement of Science, the South Carolina Medical Association, the department of Mental Health, the Christian Action Council, the Committee on Alcoholism of the South Carolina Conference of Social Work and other groups or agencies that are able to assist in the study, prevention, treatment and rehabilitation of alcoholics and in a scientific educational program on the problems of alcohol.  HISTORY: 1962 Code Section 32-902; 1954 (48) 1751; 1957 (50) 336; 1966 (54) 2182; 1993 Act No. 181, Section 1108.
 The department shall furnish the supervisor of adult education for the prevention of alcoholism adequate ways and means to accomplish an effective educational program for the prevention of alcoholism in this State.  HISTORY: 1962 Code Section 32-900(b); 1954 (48) 1751; 1957 (50) 336; 1958 (50) 1990; 1966 (54) 2182; 1993 Act No. 181, Section 1108.
 The department shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The department shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the South Carolina Department of Alcohol and Other Drug Abuse Services from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct.  HISTORY: 1984 Act No. 512, Part II, Section 9, Division II, Subdivision B, SubPart 4, Section 1; 1993 Act No. 181, Section 1108.  
 This chapter may be cited as the "State Health Planning and Development Act".  HISTORY: 1962 Code Section 32-501; 1968 (55) 2400; 1979 Act No. 45.
 The state agency, with the advice of the SHCC, shall adopt such regulations as are reasonable and necessary in order to effectuate the provisions of this chapter.  HISTORY: 1962 Code Section 32-510; 1968 (55) 2400; 1979 Act No. 45.  
 As used in this chapter:  (1) The "state health planning and development agency" or "state agency" means the Department of Health and Environmental Control.  (2) The "federal act" means Public Law 93-641, known as the National Health Planning and Resources Development Act of 1974 (Titles XV and XVI of the Public Health Services Act).  (3) "State program" means the state administrative program.  (4) "SHCC" means the South Carolina Statewide Health Coordinating Council.  (5) "The secretary" means the Secretary of the United States Department of Health, Education and Welfare.  (6) "Health systems agency" (HSA) means an entity which is organized, operated and designated in accordance with the federal act.  HISTORY: 1962 Code Section 32-502; 1968 (55) 2400; 1971 (57) 901; 1979 Act No. 45.
 The state health planning and development agency shall develop, in compliance with the federal act, a state program for health planning and development for approval by the secretary. The state agency shall make statistical reports and other reports deemed essential to the determination of the level of health status of services in the State and may collect such information required by the federal act. The state agency shall coordinate with the Revenue and Fiscal Affairs Office and other agencies as appropriate in order to identify the data necessary for health planning and to develop the systems necessary to collect the data within the appropriate organizational structure. All possible efforts should be made by the state agency to use existing data systems in an effort to avoid duplication of effort. Where information necessary for health planning is collected by any person other than the state agency, such information, if requested, shall be made available to the state agency provided any reasonable mandates, guidelines or restrictions concerning confidentiality and dissemination of information which are applicable to this information as originally collected are not violated. A written explanation of how such data and reports will be used, and in what form and text the information will be disseminated, will be provided to those persons providing the information at least fifteen days prior to the general distribution of the information. The state agency shall be responsible for the functions prescribed for it by the federal act. The state agency shall consult with the Governor during the planning process in sufficient time for input and interaction prior to final consideration of the state health plan. It is the intent of this provision to have consultation and cooperation between the state agency and the Governor in the preparation and development of the state health plan.  HISTORY: 1962 Code Section 32-504; 1968 (55) 2400; 1979 Act No. 45.
 The Governor shall appoint a statewide health coordinating council to perform functions in compliance with provisions of the federal act for SHCC.  HISTORY: 1962 Code Section 32-505; 1968 (55) 2400; 1971 (57) 901; 1972 (57) 2382, 2392, 2616; 1979 Act No. 45.
 The SHCC and any of its advisory committees shall conduct all of its business meetings in public and the SHCC shall meet at least once in each calendar quarter of a year.  HISTORY: 1962 Code Section 32-506; 1968 (55) 2400; 1979 Act No. 45.
 The SHCC members, while serving on business of the SHCC, shall receive the usual per diem, mileage and subsistence as provided by law for members of state boards, commissions and committees.  HISTORY: 1962 Code Section 32-507; 1968 (55) 2400; 1979 Act No. 45.
 The state agency may levy a charge to cover costs of reproduction and handling to parties receiving copies of plans developed pursuant to this chapter.  HISTORY: 1962 Code Section 32-508; 1968 (55) 2400; 1979 Act No. 45.
 All agencies, departments and commissions of the State may cooperate with the state agency in its health planning and development functions. Any agency, department or commission of the State which has authority, designated by statute or regulation, to administer state or state-federal programs which involve related health functions shall cooperate with the state agency in its health planning and development functions so that these programs shall be properly considered in the overall state health plan and state medical facilities plan developed pursuant to this chapter.  HISTORY: 1962 Code Section 32-509; 1968 (55) 2400; 1979 Act No. 45.
 (1) "Chemical dependency" means a chronic disorder manifested by repeated use of alcohol or other drugs to an extent that it interferes with a person's health, social, or economic functioning; some degree of habituation, dependence, or addiction may be implied.  (2) "Chemically dependent person in need of emergency commitment" means a person who is suffering from chemical dependency and, as a result of this condition, poses a substantial risk of physical harm to himself or others if not immediately provided with emergency care and treatment.  (3) "Patient" means a person who is under the care and treatment of a treatment facility as a chemically dependent person.  (4) "Treatment facility" means any facility licensed or approved by the Department of Health and Environmental Control equipped to provide for the care and treatment of chemically dependent persons including the Division of Alcohol and Drug Addiction Services of the South Carolina Department of Mental Health, and any other treatment facility approved by the Director of the Department of Mental Health.  (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) "Head of a treatment facility" means the individual in charge of a treatment facility or his designee.  (7) "Treatment" means the broad range of emergency, outpatient, inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, or social service care, rehabilitation, and counseling which may be extended to a chemically dependent person.  (8) "Individualized treatment plan" means a plan developed during a patient's period of treatment in a treatment facility and which is specifically tailored to the individual patient's needs. Each plan shall clearly state:  (a) treatment goals and objectives based upon and related to a proper evaluation, which may be reasonably achieved within a designated time interval;  (b) treatment methods and procedures to be used to obtain these goals;  (c) identification of the types of professional personnel who shall carry out these procedures; and  (d) documentation of patient involvement.  (9) "Division" means the Division of Alcohol and Drug Addiction Services of the South Carolina Department of Mental Health.  (10) "Court" means the Probate Court.  (11) "Chemically dependent person in need of involuntary commitment" means a person who is suffering from chemical dependency as demonstrated by:  (a) recent overt acts or recent expressed acts of violence;  (b) episodes of recent serious physical problems related to the habitual and excessive use of drugs or alcohol, or both;  (c) incapacitation by drugs or alcohol, or both, on a habitual and excessive basis as evidenced by numerous appearances before the court within the preceding twelve months, repeated incidences involving law enforcement, multiple prior treatment episodes, or testimony by family or by members of the community known to the person relating to a lifestyle adversely affected by alcohol or drugs, or both.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116, Sections 5 and 6; 1993 Act No. 181, Section 1109.
 The individual for whom involuntary commitment is sought and all other persons required to receive notice may be present at the hearing. The court shall hear all relevant testimony, including the results of an examination or investigation required by the court. Counsel for the individual for whom involuntary commitment is sought must be allowed to present evidence and cross-examine witnesses. Opinions of court-ordered investigators or examiners may not be admitted into evidence unless the examiner or investigator is present to testify, except by agreement of the parties.  If the court finds, after presentation of all the evidence, that the individual is not a chemically dependent person in need of involuntary commitment, the court shall order that he be discharged if he has been hospitalized before the hearing.  If the court finds by clear and convincing evidence that the individual is a chemically dependent person in need of involuntary commitment and, after careful consideration of reasonable alternative dispositions, including, but not limited to, dismissal of the petition, voluntary outpatient care, or voluntary admission to a treatment facility, finds that there is no suitable alternative to involuntary commitment, the court shall make an order of commitment to the division for inpatient treatment. If the individual, his relatives, spouse, or guardian requests, and the head of the licensed treatment facility consents, the court may order commitment to another licensed treatment facility for inpatient treatment. The court shall not order the commitment to the division unless it determines that the division has a bed available and is able to provide adequate and appropriate treatment for him, and the treatment is likely to be beneficial. Neither the State, a county, nor a municipality is liable for costs of or may be charged for sending an individual to a licensed private treatment facility.  The treatment facility may request that the court, as part of relief ordered in the commitment proceedings, order the petitioner, if a family member, to cooperate with and participate in the treatment process.  Upon order of the court, a law enforcement officer shall deliver the patient to the treatment facility or, if the individual is already at the facility, authorize the facility to retain the patient for the required treatment period. Every patient subject to involuntary commitment by court order must be evaluated and an individualized treatment plan developed by the treatment facility as soon as practicable after admission.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116, Section 3; 1989 Act No. 15, Section 1.
 A court ordered involuntary commitment for a chemically dependent person may not exceed a treatment period of ninety days' inpatient care. Court ordered treatment on an outpatient basis following inpatient treatment may not exceed a treatment period of one year.  If, after clinical review, the head of the treatment facility determines that the grounds for commitment no longer exist, or that further treatment is not likely to bring about significant improvement of the patient's condition, the head of the treatment facility shall file a notice of intent to discharge with the court, and serve a copy of the intent notice on those persons required to receive notice under Section 44-52-80. If no objection is received within five days of notification, the court shall issue an order of discharge. If a written objection is filed with the court, the court shall review the objection to determine whether a hearing must be conducted prior to issuing an order of discharge.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116 Section 4.
 A patient at a treatment facility, including those committed under court order pursuant to Section 44-52-110, may be transferred to another facility providing care and treatment for chemically dependent persons when the head of the treatment facility determines that it is consistent with the medical and treatment needs or both of the patient. The transfer must be conditioned upon the consent of the treatment facilities concerned. Prior notice of the transfer must be given to the patient, to the court, and to those persons required to receive notice under Section 44-52-80.  The head of the treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the individualized treatment plan's goals and objectives. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116, Section 8.
 When the head of a treatment facility or unit considers it in the best interest of a patient he may permit the patient to leave the facility on a temporary leave of absence, which may be for a period of time as the head of the treatment facility or unit determines.  The head of the treatment facility or unit upon releasing a patient on a temporary leave of absence may impose conditions in relation to the patient while he is absent from the facility as are proper and in the best interest of the patient and the public welfare.  HISTORY: 1986 Act No. 487, Section 2.
 If any patient involuntarily committed to a treatment facility is absent without permission a law enforcement officer may, upon written order of the head of the treatment facility and without the necessity of a warrant or court order, take the patient into custody and return him to the facility. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the Department for at least one year.  HISTORY: 1986 Act No. 487, Section 2.
 If a person who was involuntarily committed violates the conditions of his release including a failure to adhere to an outpatient treatment program as ordered by the court, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, and upon notice to the person and his counsel, order a supplemental hearing and further order inpatient treatment. The probate court issuing the order shall maintain jurisdiction over the person for the purpose of supplemental proceedings.  If a person who violates the conditions of his release is in such a condition that he poses a substantial risk of physical harm to himself or others, the court may, upon a written affidavit of the head of the treatment facility or the director of a treatment program under whose supervision the person was released, order the patient to be returned to the treatment facility from which he was released pending the conduct of a supplemental hearing which must be held within seventy-two hours from the time of admission to the facility.  Any person with respect to whom further involuntary inpatient treatment is ordered as a result of the supplemental hearing, may be recommitted for a period of treatment not to exceed sixty days.  HISTORY: 1986 Act No. 487, Section 2.
 (A) It is unlawful for a patient receiving inpatient services in a program under the jurisdiction of the division in a treatment facility operated by the South Carolina Department of Mental Health to possess alcoholic beverages, firearms, dangerous weapons, or controlled substances as defined by Section 44-53-110. A patient who violates the provisions of this section while in a treatment facility is guilty, in the case of:  (1) alcoholic beverages, of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days;  (2) controlled substances, of a misdemeanor and, upon conviction, must be punished in accordance with Section 44-53-370;  (3) firearms or dangerous weapons, of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both.  (B) A person who intentionally or negligently allows a patient, as defined in subsection (A), access to or possession of items in violation of that subsection or who attempts to furnish:  (1) alcoholic beverages or controlled substances, is guilty of a felony and, upon conviction, must be fined not less than one hundred nor more than ten thousand dollars or imprisoned not more than ten years, or both;  (2) firearms or dangerous weapons, is guilty of a felony and, upon conviction, must be fined not less than one thousand nor more than ten thousand dollars or imprisoned not less than one nor more than ten years, or both.  HISTORY: 1990 Act No. 389, Section 1; 1993 Act No. 184, Section 72.
 Any person who is sixteen years or older, appears to be and believes himself to be chemically dependent, may make written application for voluntary admission to a treatment facility. Application may be made on behalf of any person under sixteen years of age by the parent or legal guardian. Upon receipt of the application, the head of the treatment facility may receive the patient for observation and diagnosis. If evidence of chemical dependency is found, the patient may be given care and treatment at the facility. An individualized treatment plan must be developed for the person as soon as possible after admittance.  Any person voluntarily admitted to a treatment facility must be given notice of his rights under this chapter at the time of his admission. A voluntary patient must be informed that, upon a written request for release, the head of the treatment facility may initiate judicial proceedings for involuntary commitment.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116 Section 1.
 The State Department of Mental Health may prescribe the form of applications, reports, records, and medical certificates provided for under this chapter, and the information required to be contained; require reports from the head of any treatment facility relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each facility regularly; review the admission procedures of all new patients admitted between visits; provide care and treatment for involuntary admissions of chemically dependent persons; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt regulations not inconsistent with the provisions of this chapter which it finds to be reasonably necessary for proper and efficient hospitalization and care of chemically dependent persons.  HISTORY: 1986 Act No. 487, Section 2.
 The Division shall establish a comprehensive and coordinated program of treatment for chemically dependent persons utilizing, to the extent financial resources allow, services of other state agencies, local facilities, and private treatment facilities. The program may include:  (1) emergency treatment provided by a physician affiliated with or part of the medical service of a general hospital;  (2) inpatient treatment; and  (3) outpatient treatment and follow-up treatment, or all of them.  The Division may contract for the use of any public or private facility as an approved treatment facility if the Division, subject to the approval of the Department of Mental Health, considers this to be an effective and economical course to follow.  HISTORY: 1986 Act No. 487, Section 2.  
 The head of the treatment facility may discharge a patient who has sufficiently improved so that the head of the treatment facility determines that hospitalization of the patient is no longer necessary.  The head of the treatment facility may also discharge any patient if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of chemically dependent persons.  HISTORY: 1986 Act No. 487, Section 2.
 A voluntary patient, including a minor under the age of sixteen, who has admitted himself to a treatment facility, or a voluntary patient's personal representative, legal guardian, parent, spouse, or adult next of kin, or the parent or legal guardian of a minor on whose behalf admission to a treatment facility was requested, may request in writing release of the patient at any time after his admission. If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditional upon the consent of the patient.  The request for release may be submitted to the head of the treatment facility or to any staff person of the facility for transmittal to the head of the treatment facility. If the patient or another person on his behalf makes an oral request for release to any member of the staff, the patient must within twenty-four hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the head of the treatment facility within twenty-four hours, Saturdays, Sundays, and legal holidays excluded.  Within forty-eight hours of delivery of the request for release to the head of the treatment facility, the head of the treatment facility must:  (a) release the patient; or  (b) initiate proceedings for involuntary commitment by filing with the court of the county where the patient is a resident or of the county where the patient is hospitalized, a petition alleging that the patient is a chemically dependent person in need of involuntary commitment. Upon the filing of the petition with the court, release of the patient may be postponed for the commencement of judicial proceedings under Section 44-52-70.  HISTORY: 1986 Act No. 487, Section 2.
 It is the policy of the State to assist individuals with chemical dependency problems in ways consistent with the dignity, rights, and responsibilities of all South Carolina citizens. Within available resources, it is the duty of the State, in coordination with its local counterparts, to treat, reduce, eliminate, and prevent the abuse of alcohol and drugs through a service delivery system structured to meet the needs of the clients in the most appropriate therapeutic setting, and to maximize their quality of life.  The State shall develop a public service system designed to provide a continuum of services for clients at the state and local level while considering the availability of services in the private sector.  HISTORY: 1986 Act No. 487, Section 1.
 Any adult person who believes that a person is chemically dependent and in need of emergency care and treatment may complete a written affidavit under oath stating:  (1) that he believes the person is suffering from chemical dependency and, as a result of his condition, poses a substantial risk of physical harm to himself or others if not immediately provided with emergency care and treatment;  (2) the specific harm thought probable, and the factual basis for this belief;  (3) that he believes the person is incapable of exercising judgment concerning emergency care.  The affidavit must be accompanied by a written certificate of a licensed physician stating that he has examined the person within forty-eight hours prior to his admission, and is of the opinion, for stated reasons, that the person is a chemically dependent person and that the immediacy of the situation and consideration of safety do not allow initiation of judicial proceedings for involuntary commitment under Section 44-52-70.  If a person refuses to submit to an examination, or may not be examined because his whereabouts are unknown or for any other reason, the person seeking emergency admission shall execute a written affidavit stating that he believes the person to be chemically dependent, and because of this condition, poses a substantial risk of harm to himself or others if not immediately hospitalized, the grounds for the belief, and that the usual procedure for examination may not be followed and the reason therefor. Upon presentation of the affidavit, the court may issue an order requiring any law enforcement officer to take a person into custody for a period not exceeding twenty-four hours. The order expires seventy-two hours after it was issued, and if the person is not taken into custody within those seventy-two hours, the order is no longer valid. During the detention he must be examined by a licensed physician. If within the twenty-four hours the person in custody is not examined by a licensed physician or, if upon examination, the physician does not execute the certificate required, the proceedings must be terminated and the individual in custody must be immediately released.  The written certificate and affidavit shall authorize and require any law enforcement officer to transport the person to a treatment facility if confirmation has been obtained from the treatment facility that a bed is available. A person taken into custody for emergency admission may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a treatment facility. Any friend or relative may transport the person to a treatment facility, provided such friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the person and that the friend or relative freely chooses to assume such responsibility. A friend or relative who chooses to transport the person shall not be entitled to reimbursement from the State for the cost of such transportation. Any officer acting in accordance with the provisions of this article shall be immune from civil liability.  A copy of the written certificate and affidavit must be personally served upon the person upon admission to the facility, and a copy must be maintained in the person's medical record at the facility. The person must be examined by a physician within twenty-four hours of admission, and may be given emergency treatment as the examining physician considers necessary. The facility shall make every reasonable effort to notify the person's next of kin regarding his admission to the facility.  HISTORY: 1986 Act No. 487, Section 2; 1988 Act No. 397, Section 3; 2005 Act No. 120, Section 6, eff June 3, 2005.
 (A) Within forty-eight hours after admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the certificate of the physician as required by Section 44-52-50, the affidavit, a designated examiner appointment form listing the names of two designated examiners at the treatment facility, and other information provided by the facility regarding the person's admission, to the court of the county where the person resides or where the acts leading to admission occurred.  (B) Within forty-eight hours of receipt of the documents and information from the treatment facility, the court shall conduct a preliminary review of all the evidence to determine if probable cause exists to continue the emergency detention of the patient. If the court finds that probable cause does not exist, it shall issue an order that the patient be discharged immediately from the facility. Upon a finding that probable cause exists to continue the emergency detention of the patient, the court shall make a written order detailing its findings and may order the continued detention of the patient.  (C) If continued detention of the patient is ordered, the court shall order the two designated examiners whose names were supplied by the treatment facility, or two independent examiners to examine the patient at the treatment facility. At least one of the examiners appointed by the court must be a licensed physician. The examiners must submit a report to the court within five days, exclusive of Saturdays, Sundays, and legal holidays.  (D) If the report of the examiners is that:  (1) the patient is not chemically dependent or is chemically dependent but no longer in need of emergency commitment and not likely to benefit from further treatment, the court shall dismiss the petition and the patient must be discharged immediately from the facility;  (2) the patient is chemically dependent, in need of involuntary hospitalization, and likely to benefit from further treatment, the court may order that the person be detained;  (3) the patient is not chemically dependent or is chemically dependent but no longer in need of emergency commitment and not likely to benefit from further treatment but that the patient is mentally ill and that procedures for emergency admission have been initiated pursuant to Section 44-17-410, then the court shall dismiss the petition and in compliance with emergency commitment procedures pursuant to Chapter 17, Article 5 the patient must be detained and the facility shall transfer the patient to an appropriate facility; transportation must be provided by the department;  (4) the two examiners conflict in their opinions, the court may designate a third examiner, who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion within forty-eight hours or the court may terminate the proceedings and the patient must be discharged immediately from the treatment facility.  (E) If the report of the examiners is that the patient is chemically dependent and in need of involuntary hospitalization, the court may order the patient be detained at the treatment facility pending the court hearing pursuant to Section 44-52-110. The court shall then appoint counsel for the patient if counsel has not been retained, and must fix a date for a full hearing within twenty days of the date of admission. The full hearing must be conducted pursuant to Sections 44-52-80 through 44-52-110.  (F) The attorney for the patient shall have access to the affidavit, certificate of the physician as required by Section 44-52-50, report of the examiners, order of the court, and any other documents regarding the emergency admission.  HISTORY: 1986 Act No. 487, Section 2; 1989 Act No. 38, Section 1; 1992 Act No. 296, Section 6.
 If any time during the period of emergency commitment as ordered by the court, the head of the treatment facility, with the responsible physician concurring, concludes that the patient is stabilized and no longer requires inpatient hospitalization, he may request that the court authorize transfer to a less restrictive setting pending the full court hearing conducted pursuant to Sections 44-52-80 through 44-52-110. Upon the consent of the court, the patient may be transferred to a community treatment program. The transfer must be conditioned upon the consent of the head of the receiving facility or program. Prior notice of transfer must be given to the patient and to those persons required to receive notice under Section 44-52-80.  HISTORY: 1987 Act No. 116 Section 7.
 Judicial proceedings for the involuntary commitment of an individual may be initiated as follows: An adult person or head of a treatment facility under Section 44-52-40 may file a petition with the court in the county where the person is present or where he is a resident or of the county where the person is hospitalized pursuant to Section 44-52-40, under penalty of perjury, alleging that the person is chemically dependent and in need of involuntary commitment.  The petition must be accompanied by the certificate of a licensed physician stating that he has examined the individual within forty-eight hours before the filing of the petition, unless the individual has refused to submit to a medical exam in which case the fact of refusal must be alleged in the petition. The certificate of the physician shall state that in his opinion, based upon stated reasons, the person is chemically dependent and in need of involuntary commitment for care and treatment. If the person for whom involuntary commitment is sought is a patient of a treatment facility pursuant to Section 44-52-40, the petition shall so state.  The court shall order an examination of the individual for whom involuntary commitment is sought. At the direction of the court, the examination may be made by two designees, one of whom must be a licensed physician. The examination may be performed at a treatment facility or other suitable place, and a report must be submitted to the court within seven days of the date of the hearing.  On the report of the designees of refusal to submit to examination, the court shall order the person for whom involuntary commitment is sought to submit to an examination. If he refuses to obey the court order, the court may require a law enforcement officer to take him into custody for not exceeding twenty-four hours during which time he must be examined by the two designees. A person taken into custody for the purpose of examination may not be placed in a jail or other correctional facility except for protective custody purposes. If within the twenty-four hours the person in custody is not examined by a licensed physician, the proceedings must be terminated and the individual in custody must be immediately released. His attorney must be notified before his confinement. Upon completion of the examination by the designees, the person must be released.  If the reports of the designees are to the effect that the person for whom involuntary commitment is sought is not a chemically dependent person in need of involuntary commitment, the court shall terminate the proceedings. If the two examiners conflict in their opinions, the court shall terminate the proceedings or shall designate a third examiner, who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion before the date of the court hearing.  Upon the filing of the petition, the court shall fix a date for the hearing to be held not later than twenty days after the date of filing of the petition unless reasonable delay is sought for good cause shown.  The person for whom involuntary commitment is sought must be represented by counsel at all stages of the proceeding. If the individual cannot afford to hire an attorney, the court shall appoint an attorney to represent him.  HISTORY: 1986 Act No. 487, Section 2; 1987 Act No. 116, Section 2; 1989 Act No. 38, Section 2.
 After the filing of the petition with the court, the court shall give notice of the hearing to the following persons:  (a) the individual for whom involuntary commitment is sought;  (b) the parent, spouse, personal representative, or legal guardian, if any;  (c) the person filing the petition;  (d) the attorney representing the individual for whom involuntary commitment is sought;  (e) the head of the treatment facility if the individual is in a treatment facility; and  (f) any other person the court determines shall have notice of the proceedings.  The notice shall include the date, time, and place of hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary commitment is sought; a copy of the petition or affidavit and supporting certificates of the examining physician; and the right to the assistance of an attorney, and the appointment of an attorney if the individual named in the petition is unable to afford one.  HISTORY: 1986 Act No. 487, Section 2.
 The written reports filed with the court shall include, but not be limited to, questions relating to the chemical dependency alleged, whether or not the individual poses a substantial risk of physical harm to himself or others if allowed to remain at liberty, whether or not recent overt acts of the individual are indicative of his chemical dependency, whether or not a less restrictive placement is recommended and available, whether or not the individual is capable of understanding the need to accept treatment on a voluntary basis, and whether or not the individual is likely to benefit from the involuntary treatment.  The court may also order a background investigation by a county social worker or other competent investigator. The investigation shall cover the character, family relationships, past conduct, prior treatment episodes, prior episodes with law enforcement, and other relevant factors relating to the individual. The investigator shall submit a written report to the court within seven days of the hearing.  Counsel for the person for whom involuntary commitment is sought must have access to reports filed with the court before the hearing.  HISTORY: 1986 Act No. 487, Section 2; 1989 Act No. 38, Section 3.
 The Department of Health and Environmental Control shall take cognizance of the interest of the public health as it relates to the sale of drugs and the adulteration thereof and shall make all necessary inquiries and investigations relating thereto. For such purpose it may appoint inspectors, analysts and chemists who shall be subject to its supervision and removal. The Department shall adopt such measures as it may deem necessary to facilitate the enforcement of this chapter. It shall prepare rules and regulations with regard to the proper method of collecting and examining drugs.  HISTORY: 1962 Code Section 32-1451; 1952 Code Section 32-1451; 1942 Code Section 5124; 1932 Code Section 5124; Civ. C. '22 Section 3451; Civ. C. '12 Section 2390; Civ. C. '02 Section 1578; 1898 (22) 804; 1972 (57) 2687.
 As used in this article and Sections 44-49-10, 44-49-40, and 44-49-50:  (1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:  (a) a practitioner (or, in his presence, by his authorized agent); or  (b) the patient or research subject at the direction and in the presence of the practitioner.  (2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser, except that this term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual or lawful course of the carrier's or warehouseman's business.  (3) "Bureau" means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.  (4) "Commission" means the South Carolina Department of Alcohol and Other Drug Abuse Services.  (5) "Confidant" means a medical practitioner, a pharmacist, a pharmacologist, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a full-time staff member of a hospital, a duly ordained and licensed member of the clergy, accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege.  (6) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270.  (7) "Controlled substance analogue" means a substance that is intended for human consumption and that either has a chemical structure substantially similar to that of a controlled substance in Schedules I, II, or III or has a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to that of a controlled substance in Schedules I, II, or III. Controlled substance analogue does not include a controlled substance; any substance generally recognized as safe and effective within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; any substance for which there is an approved new drug application; or, with respect to a particular person, any substance if an exemption is in effect for investigational use for that person under Section 505 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 355.  (8) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who, in fact, manufactured, distributed, or dispensed such substance and which, thereby, falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.  (9) "Cocaine base" means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking. Cocaine base is commonly referred to as "rock" or "crack cocaine".  (10) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a controlled drug or paraphernalia whether or not there exists an agency relationship.  (11) "Department" means the State Department of Health and Environmental Control.  (12) "Depressant or stimulant drug" means:  (a) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid, or any derivative of barbituric acid which has been designated as habit forming by the appropriate federal agency or by the department;  (b) a drug which contains any quantity of amphetamine or any of its optical isomers, any salt of amphetamine or any salt of any optical isomer of amphetamine, or any other substance which the appropriate federal agency or the department, after investigation, has found to be capable of being, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or  (c) lysergic acid diethylamide or mescaline, or any other substance which the appropriate federal agency or the department, after investigation, has found to have, and by regulation designates as having a potential for abuse because of its stimulant or depressant effect on the central nervous system or its hallucinogenic effect.  (13) "Detoxification treatment" means the dispensing, for a period not in excess of twenty-one days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within this period.  (14) "Director" means the Director of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division.  (15) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery.  (16) "Dispenser" means a practitioner who delivers a controlled substance to the ultimate user or research subject.  (17) "Distribute" means to deliver (other than by administering or dispensing) a controlled substance.  (18) "Distributor" means a person who so delivers a controlled substance.  (19) "Drug" means a substance:  (a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;  (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;  (c) other than food intended to affect the structure or any function of the body of man and animals; and  (d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories.  (20) "Drug problem" means a mental or physical problem caused by the use or abuse of a controlled substance.  (21) "Holder of the privilege" means a person with an existing or a potential drug problem who seeks counseling, treatment, or therapy regarding such drug problem.  (22) "Imitation controlled substance" means a noncontrolled substance which is represented to be a controlled substance and is packaged in a manner normally used for the distribution or delivery of an illegal controlled substance.  (23) "Immediate precursor" means a substance which the appropriate federal agency or the department has found to be and by regulation has designated as being, or can be proven by expert testimony as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, or is a reagent, solvent, or catalyst used in the manufacture of controlled substances, the control of which is necessary to prevent, curtail, or limit such manufacture.  (24) "Maintenance treatment" means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs.  (25) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:  (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or  (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.  (26) "Manufacturer" means any person who packages, repackages, or labels any container of any controlled substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer.  (27)(a) "Marijuana" means:  (i) all species or variety of the marijuana plant and all parts thereof whether growing or not;  (ii) the seeds of the marijuana plant;  (iii) the resin extracted from any part of the marijuana plant; or  (iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.  (b) "Marijuana" does not mean:  (i) the mature stalks of the marijuana plant or fibers produced from these stalks;  (ii) oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant;  (iii) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks;  (iv) the sterilized seed of the marijuana plant which is incapable of germination;  (v) for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the federal Food and Drug Administration; or  (vi) for persons, or the persons' parents, legal guardians, or other caretakers, who have received a written certification from a physician licensed in this State that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.  (c) For purposes of this item, written certification means a document dated and signed by a physician stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol.  (d) A physician is not subject to detrimental action, including arrest, prosecution, penalty, denial of a right or privilege, civil penalty, or disciplinary action by a professional licensing board for providing written certification for the medical use of cannabidiol to a patient in accordance with this section.  (28) "Methamphetamine" includes any salt, isomer, or salt of an isomer, or any mixture or compound containing amphetamine or methamphetamine. Methamphetamine is commonly referred to as "crank", "ice", or "crystal meth".  (29) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:  (a) opium, coca leaves, and opiates;  (b) a compound, manufacture, salt, derivative or preparation of opium, coca leaves, or opiates;  (c) a substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subitem (a) or (b). This term does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.  (30) "Noncontrolled substance" means any substance of chemical or natural origin which is not included in the schedules of controlled substances set forth in this article or included in the federal schedules of controlled substances set forth in Title 21, Section 812 of the United States Code or in Title 21, Part 1308 of the Code of Federal Regulations.  (31) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under this article, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include racemic and levorotatory forms.  (32) "Opium poppy" means the plant of the species Papaver somniferum L., except the seed thereof.  (33) "Paraphernalia" means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:  (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;  (b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;  (c) carburetion tubes and devices;  (d) smoking and carburetion masks;  (e) roach clips;  (f) separation gins designed for use or intended for use in cleaning marijuana;  (g) cocaine spoons and vials;  (h) chamber pipes;  (i) carburetor pipes;  (j) electric pipes;  (k) air-driven pipes;  (l) chilams;  (m) bongs;  (n) ice pipes or chillers.  (34) "Peyote" means all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or extracts.  (35) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.  (36) "Practitioner" means:  (a) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State;  (b) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State.  (37) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.  (38) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administration to an animal owned by him or a member of his household.  HISTORY: 1962 Code Section 32-1510.27; 1971 (57) 800; 1972 (57) 2621; 1973 (58) 289; 1974 (58) 2284, 2855; 1975 (59) 104; 1976 Act No. 672, Section 1; 1980 Act No. 361, Section 1; 1982 Act No. 400, Section 1; 1982 Act No. 427, Section 1; 1987 Act No. 128 Section 2; 1990 Act No. 604, Section 5; 2000 Act No. 355, Section 2; 2005 Act No. 127, Section 2, eff June 7, 2005; 2014 Act No. 221 (S.1035), Section 1, eff June 2, 2014.
 No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any substance containing aromatic hydrocarbons; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.  HISTORY: 1962 Code Section 32-1510.91; 1972 (57) 2766.
 No person shall, for the purpose of violating Section 44-53-1110, use or possess for the purpose of so using, any substance containing aromatic hydrocarbons.  HISTORY: 1962 Code Section 32-1510.92; 1972 (57) 2766.
 Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.  HISTORY: 1962 Code Section 32-1510.93; 1972 (57) 2766.
 The State Law Enforcement Division shall:  (1) Cooperate with Federal and other State agencies in discharging its responsibilities concerning traffic in narcotics and controlled substances and in suppressing the abuse of dangerous substances;  (2) Coordinate and cooperate in training programs on controlled substances law enforcement at the local and State levels;  (3) Cooperate with the Federal Bureau of Narcotics and Dangerous Drugs by establishing a centralized unit within the South Carolina Law Enforcement Division which shall accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make such information available for Federal, State, and local law-enforcement purposes; and collect and furnish statistics for other appropriate purposes;  (4) Coordinate and cooperate in programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.  (5) promulgate regulations to provide uniform procedures for the seizure, inventory, reporting, auditing, handling, testing, storage, preservation for evidentiary use, and destruction or other lawful disposition of controlled substances.  HISTORY: 1962 Code Section 32-1510.23; 1971 (57) 800; 1992 Act No. 387, Section 1.
 The term "dangerous caustic or corrosive substance" means each and all of the acids, alkalis and substances named below:  (1) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCL) in a concentration of ten per cent or more;  (2) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of ten per cent or more;  (3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five per cent or more;  (4) Carbolic acid, otherwise known as phenol, and any preparation containing carbolic acid or phenol in a concentration of five per cent or more;  (5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten per cent or more;  (6) Any salt or oxalic acid and any preparation containing any such salt in a concentration of ten per cent or more;  (7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of twenty per cent or more;  (8) Hypochlorous acid, either free or combined, including calx chlorinata, bleaching powder, chloride of lime, chlorinated soda, chlorinated potash and any preparation containing any of the aforesaid substances so as to yield a concentration of ten per cent or more of available chlorine;  (9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and vienna paste, in a concentration of ten per cent or more;  (10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten per cent or more;  (11) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five per cent or more;  (12) Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn," in a concentration of five per cent or more; and  (13) Any other alkali, acid, salt or preparation thereof having caustic or corrosive properties equivalent to those of any of the alkalis, acids, salts and preparations named above.  The term "misbranded parcel, package or container" means a retail parcel, package or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous easily legible label or sticker, containing:  (1) The name of the article;  (2) The name and place of business of the manufacturer, packer, seller or distributor;  (3) The word "POISON" running parallel with the main body of reading matter on the label or sticker, on a clear plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than twenty-four-point size unless there is on the label no other type so large, in which event the type shall not be smaller than the largest type on the label; and  (4) Directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.  HISTORY: 1962 Code Section 32-1801; 1952 Code Section 32-1801; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
 No person shall sell, barter, exchange, receive, hold, pack or display or offer for sale, barter or exchange in the State any dangerous caustic or corrosive substance in a misbranded parcel, package or container designed for household use.  HISTORY: 1962 Code Section 32-1802; 1952 Code Section 32-1802; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
 Any dangerous caustic or corrosive substance in a misbranded parcel, package or container for household use that is being sold, bartered or exchanged or held, displayed or offered for sale, barter or exchange shall be liable to be proceeded against in any magistrate's court and seized for confiscation in a manner provided by law. If such substance is condemned as misbranded by such court, it shall be disposed of by destruction or sale, as the court may direct, and, if sold, the proceeds less the actual costs and charges shall be paid over to the magistrate. But such substance shall not be sold contrary to the provisions of the laws of the State. Such proceedings shall conform as near as may be to the law providing for confiscating goods exposed for sale on Sunday.  But upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof.  HISTORY: 1962 Code Section 32-1803; 1952 Code Section 32-1803; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
 The sheriff, deputy sheriffs and other peace officers shall enforce the provisions of this article and may approve and register such brands and labels intended for use under the provisions of this article as may be submitted to them for that purpose and as may in their judgment conform to the requirements of this article. But in any prosecution under this article the fact that any brand or label involved in the prosecution has not been submitted to the sheriff, a deputy sheriff or a peace officer to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this article shall cause appropriate proceedings to be commenced and prosecuted, without delay, for the enforcement of the penalties in such cases herein provided.  HISTORY: 1962 Code Section 32-1804; 1952 Code Section 32-1804; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
 Any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court.  HISTORY: 1962 Code Section 32-1805; 1952 Code Section 32-1805; 1942 Code Section 5128-26; 1932 Code Section 1451; 1924 (33) 1127.
 The State Law Enforcement Division shall formulate a plan to coordinate the controlled substance enforcement effort from the local to the State level.  HISTORY: 1962 Code Section 32-1510.24; 1971 (57) 800.
 This article may be cited as the "Childhood Lead Poisoning Prevention and Control Act".  HISTORY: 1979 Act No. 78, Section 1; 2005 Act No. 142, Section 1, eff June 7, 2005.
 As used in this article, unless the context requires otherwise:  (1) "Accessible surface" means any protruding interior or exterior surface that a child can mouth or chew including, but not limited to, an interior windowsill.  (2) "Child" or "children" means a person under six years of age.  (3) "Childcare facility" means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure.  (4) "Department" means the Department of Health and Environmental Control.  (5) "Dwelling" means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure.  (6) "Dwelling unit" means a room, group of rooms, or other areas of a dwelling.  (7) "Friction surface" means an interior or exterior surface subject to abrasion or friction including, but not limited to, a window or stair tread.  (8) "Householder" means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent.  (9) "Impact surface" means an interior or exterior surface subject to damage by repeated impact on contact including, but not limited to, doors and door jambs.  (10) "Lead-based hazard" means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.  (11) "Lead-base substance" means paint, lacquer, glaze, or other material containing more than six hundredths of one percent (0.06 percent) lead by weight, or seven-tenths or more milligrams per square centimeter (0.7 mg/cm2) of lead in the dried paint film applied. Standards for lead-contaminated dust and lead-contaminated soil must be the same as those established by the United States Environmental Protection Agency.  (12) "Person" means an individual, firm, corporation, association, trust, or partnership.  (13) "Lead poisoning" means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control.  HISTORY: 1979 Act No. 78, Section 2; 1993 Act No. 181, Section 1117; 2005 Act No. 142, Section 1, eff June 7, 2005.
 The provisions of this article do not apply to items that are exempt pursuant to federal law.  HISTORY: 1979 Act No. 78, Section 5; 2005 Act No. 142, Section 1, eff June 7, 2005.
 (A) The department may establish a program for the early diagnosis of cases of childhood lead poisoning. The program must provide for systematic examination for lead poisoning of children at risk residing within the State. Examinations must be made by such means and at such intervals as the department determines to be medically necessary.  The program must give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found.  (B) When the department is notified of a case of lead poisoning, the department shall examine or refer for examination within thirty days all other children under six years of age, and other children as the department finds advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim or in a childcare facility occupied by the victim, unless the parents or guardian of the child objects to the examination because it conflicts with his or her religious beliefs or practices.  The department shall maintain comprehensive records of all examinations conducted pursuant to this section. These records are strictly confidential and may not be released except as required by law or by court order.  HISTORY: 1979 Act No. 78, Section 6; 1993 Act No. 181, Section 1119; 2005 Act No. 142, Section 1, eff June 7, 2005.
 The department may institute a childhood lead poisoning prevention education program. The program shall emphasize the dangers and sources of lead poisoning and the methods of lead poisoning prevention and lead-based hazard remediation.  HISTORY: 1979 Act No. 78, Section 7; 2005 Act No. 142, Section 1, eff June 7, 2005.
 (A) If a physician, hospital, public health nurse, or other diagnosing person or agency knows or has reason to believe that a child he or she examines or treats has or is suspected of having lead poisoning, the person shall notify the department within seven days. The department shall specify the procedure to be followed and shall provide the necessary forms.  (B) A laboratory doing business in this State shall notify the department of the results of any blood lead analyses conducted on children under six years of age; this notification must be submitted to the department within thirty days of completion of the analysis.  HISTORY: 1979 Act No. 78, Section 8; 1993 Act No. 181, Section 1120; 2005 Act No. 142, Section 1, eff June 7, 2005.
 When the department is notified of a lead poisoning case, the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the department may obtain an administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.  HISTORY: 1979 Act No. 78, Section 9; 1993 Act No. 181, Section 1121; 2005 Act No. 142, Section 1, eff June 7, 2005.
 Whenever a holder of the privilege shall seek counselling, treatment, or therapy for any drug problem from a confidant, no statement made by such holder and no observation or conclusion derived from such confidant shall be admissible against such holder in any proceeding. The results of any examination to determine the existence of illegal or prohibited drugs in a holder's body shall not be admissible in any proceeding against such holder.  The privilege belongs to the holder and if he waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be admissible in evidence in any proceeding.  There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.  HISTORY: 1962 Code Section 32-1510.25; 1971 (57) 800; 1973 (58) 289.
 The issuance and execution of an administrative warrant to investigate must be as follows:  (1) A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, "probable cause" exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant.  (2) A warrant must be issued only upon an affidavit of a department employee designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be investigated, the purpose of the investigation, and, where appropriate, the type of property to be investigated. The warrant must authorize the removal of samples of objects for laboratory analysis, where appropriate. The warrant must be directed to a designated department employee to execute it. The warrant must state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support of the warrant. The warrant must command the person to whom it is directed to investigate the area, premises, building, or conveyance identified for the purpose specified and, where appropriate, authorize removal of samples of objects for laboratory analysis. The warrant must direct that it be served during reasonable hours and must designate the judge or magistrate to whom it must be returned.  (3) A warrant issued pursuant to this section must be executed and returned within ten days of the date of issuance.  (4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection with the warrant and shall cause these papers to be filed with the court which issued the warrant.  HISTORY: 1979 Act No. 78, Section 10; 2005 Act No. 142, Section 1, eff June 7, 2005.
 (A) If a child resides in a dwelling or dwelling unit or is routinely present at a childcare facility in which a lead-based hazard has been identified, the department shall:  (1) post in or upon the dwelling, dwelling unit, or childcare facility, in a conspicuous place, notice of the existence of the hazard. The notice must not be removed until the department determines that the identified lead-based hazard has been remediated.  (2) give written notice of the existence of the lead-based hazard to the householder occupying the dwelling, dwelling unit, or childcare facility.  (3) give written notice of the existence of the lead-based hazard to the property owner and order that the hazard be remediated within a reasonable period of time.  (B) The property owner of a building subject to this article has the right to appeal the order of the department as a contested case.  HISTORY: 1979 Act No. 78, Section 13; 1993 Act No. 181, Section 1122; 2005 Act No. 142, Section 1, eff June 7, 2005.
 A person must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children which has been posted and ordered remediated of lead-based hazards until the identified hazards have been remediated. If the presence of the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children, the family of the children must not be evicted for that reason.  HISTORY: 1979 Act No. 78, Section 14; 1993 Act No. 181, Section 1123; 2005 Act No. 142, Section 1, eff June 7, 2005.
 The department may promulgate regulations as necessary to carry out the intent and provisions of this article.  HISTORY: 1979 Act No. 78, Section 15; 1993 Act No. 181, Section 1124; 2005 Act No. 142, Section 1, eff June 7, 2005.
 Nothing in this article may be interpreted or applied in any manner to defeat or impair the right of a person, municipality, or other political entity to maintain an action or suit for damages sustained, or equitable relief of, for violation of an ordinance by reason of, or in connection with, a violation of this article.  HISTORY: 1979 Act No. 78, Section 16; 2005 Act No. 142, Section 1, eff June 7, 2005.
 A person who knowingly violates a provision of this article or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined or imprisoned not more than the maximum allowed by the magistrates' courts in this State. Each day's violation constitutes a separate offense. Isolated lead-based hazard violations existing in dwellings, dwelling units, or childcare facilities must be considered separate violations.  HISTORY: 1979 Act No. 78, Section 18; 2005 Act No. 142, Section 1, eff June 7, 2005.
 A person who violates a provision of this article or a final determination or order of the department issued pursuant to this article is subject to a civil penalty not to exceed one thousand dollars a day.  HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
 (A) A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation.  (B) This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action.  HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
 The provisions of this article are contingent upon the appropriation of state general funds or the availability of financial support from other sources.  HISTORY: 2005 Act No. 142, Section 1, eff June 7, 2005.
 (A) The term "anabolic steroid" includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body:  (1) clostebol;  (2) dehydrochlormethyltestosterone;  (3) ethylestrenol;  (4) fluoxymesterone;  (5) mesterolone;  (6) methandienone;  (7) methandrostenolone;  (8) methenolone;  (9) methyltestosterone;  (10) nandrolone;  (11) norethandrolone;  (12) oxandrolone;  (13) oxymesterone;  (14) oxymetholone;  (15) stanozolol; and  (16) testosterone.  (B) Anabolic steroids that are expressly intended for administration through implants to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for this use, are not considered anabolic steroids as defined by this article and are not governed by its provisions.  HISTORY: 1989 Act No. 115, Section 1.
 It is unprofessional conduct, and is not a valid medical purpose, for a practitioner or veterinarian to prescribe, dispense, or administer an anabolic steroid, or a pharmacist to dispense an anabolic steroid, for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so, or for the intended purpose of improving performance in any form of exercise, sport, or game.  HISTORY: 1989 Act No. 115, Section 1.
 It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. Any person who violates this article with respect to:  (1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, is guilty of a felony and, upon conviction, must be punished as follows:  (a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;  (b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both;  (2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:  (a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars;  (b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;  (3) possession of more than ten but fewer than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:  (a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;  (b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both;  (4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows:  (a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;  (b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both.  HISTORY: 1989 Act No. 115, Section 1.
 For purposes of determining whether or not a person has committed a second or subsequent offense under the provisions of this article, a violation of any other provision of this article or provision of law of the United States or any state, territory, or district, relating to an anabolic steroid, constitutes a prior offense.  HISTORY: 1989 Act No. 115, Section 1.
 (A)(1) Annually, within thirty days after the convening of each regular session of the General Assembly, the department shall recommend to the General Assembly any additions, deletions, or revisions in the schedules of controlled substances enumerated in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270 which the department deems necessary. Except as otherwise provided in this section, the department shall not make any additions, deletions, or revisions in the schedules until after notice and an opportunity for a hearing is afforded to all interested parties. In making a recommendation to the General Assembly regarding a substance, the department shall consider the following:  (a) the actual or relative potential for abuse;  (b) the scientific evidence of the substance's pharmacological effect, if known;  (c) the state of current scientific knowledge regarding the substance;  (d) the history and current pattern of abuse;  (e) the scope, duration, and significance of abuse;  (f) the risk to public health;  (g) the potential of the substance to produce psychic or physiological dependence liability;  (h) whether the substance is an immediate precursor of a substance already controlled pursuant to this chapter; and  (i) whether the substance has an accepted or recognized medical use.  (2) After considering the factors listed in subsection (A)(1), the department shall make a recommendation to the General Assembly specifying to what schedule the substance should be added, deleted, or rescheduled, if the department finds that the substance has a potential for abuse.  (B) Except as otherwise provided in this section, during the time the General Assembly is not in session, the department may add, delete, or reschedule a substance as a controlled substance after providing notice and a hearing to all interested parties. The addition, deletion, or rescheduling of a substance pursuant to this subsection has the full force of law unless overturned by the General Assembly. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Medical, Military, Public and Municipal Affairs Committee, and the Judiciary Committee of the House of Representatives, the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change.  (C) If a substance is added, deleted, or rescheduled as a controlled substance pursuant to federal law or regulation, the department shall, at the first regular or special meeting of the South Carolina Board of Health and Environmental Control within thirty days after publication in the federal register of the final order designating the substance as a controlled substance or rescheduling or deleting the substance, add, delete, or reschedule the substance in the appropriate schedule. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection has the full force of law unless overturned by the General Assembly. The addition, deletion, or rescheduling of a substance by the department pursuant to this subsection must be in substance identical with the order published in the federal register effecting the change in federal status of the substance. Upon the addition, deletion, or rescheduling of a substance, the department shall forward copies of the change to the Chairmen of the Medical Affairs Committee and the Judiciary Committee of the Senate, the Chairman of the Medical, Military, Public and Municipal Affairs Committee, the Chairman of the Judiciary Committee of the House of Representatives, the Clerks of the Senate and House, and the Code Commissioner, and shall post the schedules on the department's website indicating the change and specifying the effective date of the change.  (D) The department shall exclude any nonnarcotic substance from a schedule if the substance may, under the federal Food, Drug, and Cosmetic Act and the laws of this State, be lawfully sold over the counter without a prescription.  (E) The department's addition, deletion, or rescheduling of a substance as a controlled substance is governed by this section and is not subject to the promulgation requirements of Chapter 23, Title 1.  HISTORY: 1962 Code Section 32-1510.28; 1971 (57) 800; 1974 (58) 2228; 2010 Act No. 273, Section 36, eff June 2, 2010; 2012 Act No. 140, Section 1, eff April 2, 2012; 2018 Act No. 166 (H.3822), Section 1, eff May 3, 2018; 2018 Act No. 216 (H.4487), Section 1, eff May 18, 2018.  Code Commissioner's Note  At the direction of the Code Commissioner, the amendments to (B) and (C) made by 2018 Act No. 166 and 2018 Act No. 216 were read together.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/  Effect of Amendment  2018 Act No. 166, Section 1, in (B), in the third sentence, substituted "the Clerks of the Senate and House, and the Code Commissioner," for "and to the Clerks of the Senate and House,"; and in (C), in the fourth sentence, substituted "the Clerks of the Senate and House, and the Code Commissioner," for "and to the Clerks of the Senate and House,".  2018 Act No. 216, Section 1, in (C), in the fourth sentence, inserted "Chairman of the" in two places and made a nonsubstantive change; and in (E), substituted "Chapter 23, Title 1" for "Title 1, Chapter 23".
 This article may be cited as the "South Carolina Prescription Monitoring Act".  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
 This article is intended to improve the state's ability to identify and stop diversion of prescription drugs in an efficient and cost effective manner that will not impede the appropriate medical utilization of licit controlled substances.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
 As used in this article:  (1) "Authorized delegate" means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist.  (2) "Controlled substances" means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270.  (3) "Dispenser" means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:  (a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;  (b) a practitioner or other authorized person who administers these controlled substances; or  (c) a wholesale distributor of a Schedule II-IV controlled substance.  (4) "Drug control" means the Department of Health and Environmental Control, Bureau of Drug Control.  (5) "Patient" means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both.  (6) "Practitioner" means an individual authorized pursuant to state and federal law to prescribe controlled substances.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 1, eff June 6, 2014; 2017 Act No. 91 (H.3824), Section 2, eff May 19, 2017.  Effect of Amendment  2017 Act No. 91, Section 2, in the introductory paragraph, substituted "article" for "section"; redesignated (5), relating to the definition of authorized delegate, as (1), and redesignated accordingly; and added (6), relating to the definition of practitioner.
 (A) The Department of Health and Environmental Control, Bureau of Drug Control shall establish and maintain a program to monitor the prescribing and dispensing of all Schedule II, III, and IV controlled substances by professionals licensed to prescribe or dispense these substances in this State and the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80.  (B)(1) A dispenser shall submit to drug control, by electronic means, information regarding each prescription dispensed for a controlled substance. The following information must be submitted for each prescription:  (a) dispenser DEA registration number;  (b) date drug was dispensed;  (c) prescription number;  (d) whether prescription is new or a refill;  (e) NDC code for drug dispensed;  (f) quantity dispensed;  (g) approximate number of days supplied;  (h) patient name;  (i) patient address;  (j) patient date of birth;  (k) prescriber DEA registration number;  (l) date prescription issued by prescriber.  (2) A dispenser shall submit daily to the department the information required pursuant to subsection (B)(1) in accordance with transmission methods and protocols provided in the latest edition of the "ASAP Telecommunications Format for Controlled Substances", developed by the American Society for Automation in Pharmacy.  (3) Drug control may issue a waiver to a dispenser who is unable to submit prescription information by electronic means. The waiver may permit the dispenser to submit prescription information by paper form or other means if all information required pursuant to subsection (B)(1) is submitted in this alternative format.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 2, eff June 6, 2014; 2017 Act No. 91 (H.3824), Section 3, eff May 19, 2017; 2019 Act No. 65 (H.3728), Section 3, eff January 1, 2021.  Editor's Note  2019 Act No. 65, preamble, provides as follows:  "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and  "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and  "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and  "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and  "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and  "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]."  Effect of Amendment  2017 Act No. 91, Section 3, in (A), substituted "shall establish" for "may establish".  2019 Act No. 65, Section 3, in (A), added "and the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80" at the end.
 (A) A practitioner, or the practitioner's authorized delegate, shall review a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient pursuant to Section 44-130-60 or 44-130-80, as maintained in the prescription monitoring program, before the practitioner issues a prescription for a Schedule II controlled substance. If an authorized delegate reviews a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient as provided in this subsection, the practitioner must consult with the authorized delegate regarding the prescription and opioid antidote administering history before issuing a prescription for a Schedule II controlled substance. The consultation must be documented in the patient's medical record.  (B) The requirements of this section do not apply to:  (1) a practitioner issuing a prescription for a Schedule II controlled substance to treat a hospice-certified patient;  (2) a practitioner issuing a prescription for a Schedule II controlled substance that does not exceed a five-day supply for a patient;  (3) a practitioner prescribing a Schedule II controlled substance for a patient with whom the practitioner has an established relationship for the treatment of a chronic condition; however, the practitioner must review the patient's controlled substance history maintained in the prescription monitoring program at least every three months;  (4) a practitioner approving the administration of a Schedule II controlled substance by a health care provider licensed in South Carolina;  (5) a practitioner prescribing a Schedule II controlled substance for a patient in a skilled nursing facility, nursing home, community residential care facility, or an assisted living facility and the patient's medications are stored, given, and monitored by staff; or  (6) a practitioner who is temporarily unable to access the prescription monitoring program due to exigent circumstances; however, the exigent circumstances and the potential adverse impact to the patient if the prescription is not issued timely must be documented in the patient's medical record.  (C) A practitioner is deemed to be in compliance with this section if the practitioner utilizes technology that automatically displays the patient's controlled substance prescription history from the prescription monitoring program in the practitioner's electronic medical record system. The practitioner must be able to demonstrate that this technology has been deployed in his practice, but no additional documentation is required in the patient's medical record.  HISTORY: 2017 Act No. 91 (H.3824), Section 1, eff May 19, 2017; 2019 Act No. 65 (H.3728), Section 4, eff January 1, 2021.  Editor's Note  2019 Act No. 65, preamble, provides as follows:  "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and  "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and  "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and  "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and  "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and  "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]."  Effect of Amendment  2019 Act No. 65, Section 4, in (A), in the first sentence, inserted "and history of the administering of an opioid antidote to the patient pursuant to Section 44-130-60 or 44-130-80", and in the second sentence, inserted "and history of the administering of an opioid antidote to the patient as provided in this subsection" and "and opioid antidote administering".
 (A) Prescription information submitted to drug control is confidential and not subject to public disclosure under the Freedom of Information Act or any other provision of law, except as provided in subsections (C) and (D).  (B) Drug control shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in subsections (C) and (D).  (C) If there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, drug control shall notify the appropriate law enforcement or professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation.  (D) Drug control may provide data in the prescription monitoring program to the following persons:  (1) a practitioner or pharmacist or authorized delegate who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient;  (2) an individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to state law;  (3) a designated representative of the South Carolina Department of Labor, Licensing and Regulation responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;  (4) a local, state, or federal law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who is involved in a bona fide specific drug-related investigation involving a designated person;  (5) the South Carolina Department of Health and Human Services regarding Medicaid program recipients;  (6) a properly convened grand jury pursuant to a subpoena properly issued for the records;  (7) personnel of drug control for purposes of administration and enforcement of this article;  (8) qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser must be deleted or redacted from such information prior to disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this subsection;  (9) a coroner, deputy coroner, medical examiner, or deputy medical examiner who is involved in a specific inquiry into the cause and manner of death of a designated person pursuant to Chapter 5, Title 17;  (10) a practitioner in a prescription report card provided to practitioners in accordance with Section 44-53-1655; and  (11) the presiding judge of a drug court pertaining to a specific case involving a designated person.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 3, eff June 6, 2014; 2018 Act No. 168 (H.4488), Section 1, eff May 3, 2018; 2018 Act No. 201 (S.918), Section 3, eff May 15, 2018; 2018 Act No. 212 (H.4117), Section 1, eff May 18, 2018.  Code Commissioner's Note  At the direction of the Code Commissioner, the amendments to (D) made by 2018 Act No. 168, 2018 Act No. 201, and 2018 Act No. 212 were read together and renumbered appropriately.  Effect of Amendment  2018 Act No. 168, Section 1, in (D), added (9), authorizing drug control to provide coroners and medical examiners data maintained in the prescription drug monitoring program, and made nonsubstantive changes.  2018 Act No. 201, Section 3, in (D), added (10), authorizing drug control to provide practitioners in a prescription report card data maintained in the prescription drug monitoring program.  2018 Act No. 212, Section 1, in (D), added (11), authorizing drug control to provide presiding judges of drug courts data maintained in the prescription drug monitoring program.
 (A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum:  (1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;  (2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;  (3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day;  (4) the total number of patients receiving opioid medications for thirty days or more;  (5) the total number of patients receiving opioids and benzodiazepines medications at the same time;  (6) the total number of patients issued prescriptions from three or more practitioners;  (7) the total number of patients filling prescriptions at three or more pharmacies;  (8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap;  (9) the total number of patients obtaining refills on their prescriptions more than one week early; and  (10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued.  The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards, data, documents, records, and any other information accessed or compiled in preparing prescription report cards, are confidential and not subject to discovery, subpoena, or introduction into evidence in any civil action, unless confidentiality is waived by the practitioner.  (B) The department shall coordinate with the Board of Medical Examiners and any other appropriate professional boards as part of the development and implementation of a prescription report card program. The department may contract with another agency of the State or with a private vendor, as necessary, to ensure effective operation of the report card program, as provided in Section 44-53-1660, and may apply for public or private grants or other funding to develop, implement, and maintain the program.  HISTORY: 2018 Act No. 201 (S.918), Section 2, eff November 15, 2018.  Editor's Note  2018 Act No. 201, Section 4, provides as follows:  "SECTION 4. SECTION 2 is effective six months after the effective date of this act. All other SECTIONS are effective upon approval by the Governor."
 Drug control may contract with another agency of this State or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall comply with the provisions regarding confidentiality of prescription information in Section 44-53-1650 and is subject to the penalties specified in Section 44-53-1680 for unlawful acts.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
 Drug control may promulgate regulations setting forth the procedures and methods for implementing this article.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006.
 (A) A dispenser or authorized delegate who knowingly fails to submit prescription monitoring information to drug control as required by this article, or who knowingly submits incorrect prescription information, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both.  (B) A person who knowingly discloses prescription monitoring information in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.  (C) A person who knowingly uses prescription monitoring information in a manner or for a purpose in violation of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.  (D) A pharmacist or practitioner, licensed in Title 40, who knowingly discloses prescription monitoring information in a manner or for a purpose in violation of this article shall be reported to his respective board for disciplinary action.  (E) Nothing in this chapter requires a pharmacist to obtain information about a patient from the prescription monitoring program. A practitioner or authorized delegate of a practitioner who knowingly fails to review a patient's controlled substance prescription history, as maintained in the prescription monitoring program, or a practitioner who knowingly fails to consult with his authorized delegate regarding a patient's controlled substance prescription history before issuing a prescription for a Schedule II controlled substance, as required by this article, must be reported to his respective board for disciplinary action.  (F) A pharmacist or practitioner does not have a duty and must not be held liable in damages to any person in any civil or derivative criminal or administrative action for injury, death, or loss to person or property on the basis that the pharmacist or practitioner did or did not seek or obtain information from the prescription monitoring program. A pharmacist or practitioner acting in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving information from the prescription monitoring program.  HISTORY: 2006 Act No. 396, Section 1, eff June 14, 2006; 2014 Act No. 244 (S.840), Section 4, eff June 6, 2014; 2017 Act No. 91 (H.3824), Section 4, eff May 19, 2017.  Effect of Amendment  2017 Act No. 91, Section 4, amended the section, establishing a penalty if a practitioner or authorized delegate fails to review a patient's controlled substance prescription history before prescribing a schedule II controlled substance.
 The controlled substances listed, or to be listed, in the schedules in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250 and 44-53-270 are included by whatever official, chemical or trade name designated as well as the common or usual name designated.  HISTORY: 1962 Code Section 32-1510.29; 1971 (57) 800.
 The Department shall place a substance in Schedule I if it finds that the substance has:  (a) A high potential for abuse;  (b) No accepted medical use in treatment in the United States; and  (c) A lack of accepted safety for use in treatment under medical supervision.  HISTORY: 1962 Code Section 32-1510.30; 1971 (57) 800.
 As used in this article:  (1) "Academic medical center" means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee.  (2) "Approved source" means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:  (a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and  (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans.  (3) "Cannabidiol" means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory.  (4) "Designated caregiver" means a person who provides informal or formal care to a qualifying patient, with or without compensation, on a temporary or permanent or full-time or part-time basis and includes a relative, household member, day care personnel, and personnel of a public or private institution or facility.  (5) "Pharmacist" means an individual health care provider licensed by this State to engage in the practice of pharmacy.  (6) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.  (7) "Qualifying patient" means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.  HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
 (A) A statewide investigational new drug application may be established in this State, if approved by the United States Food and Drug Administration to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy.  (B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for such clinical trials if such physician:  (1) applies to and is approved by the United States Food and Drug Administration as the principal investigator in a statewide investigational new drug application; and  (2) receives a license from the United States Drug Enforcement Administration.  (C) Such physician, acting as principal investigator, may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Such subinvestigators shall comply with subsection (B)(2) of this section.  (D) The principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the United States Food and Drug Administration, the United States Drug Enforcement Administration, and the National Institute on Drug Abuse.  (E) Nothing in this article prohibits a physician licensed in South Carolina from applying for Investigational New Drug authorization from the United States Food and Drug Administration.  HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
 (A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this chapter only shall utilize cannabidiol which is:  (1) from an approved source; and  (2) approved by the United States Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.  (B) The principal investigator and any subinvestigator may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the expanded access clinical trials.  HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
 (A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.  (B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article.  HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
 (A) The controlled substances listed in this section are included in Schedule I.  (B) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:  1. Acetylmethadol  2. Allylprodine  3. Alphacetylmethadol  4. Alphameprodine  5. Alphamethadol  6. Benzethidine  7. Betacetylmethadol  8. Betameprodine  9. Betamethadol  10. Betaprodine  11. Clonitazene  12. Dextromoramide  13. [Deleted]  14. Diampromide  15. Diethylthiambutene  16. Dimenoxadol  17. Dimepheptanol  18. Dimethylthiambutene  19. Dioxaphetyl butyrate  20. Dipipanone  21. Ethylmethylthiambutene  22. Etonitazene  23. Etoxeridine  24. Furethidine  25. Hydroxypethidine  26. Ketobemidone  27. Levomoramide  28. Levophenacylmorphan  29. Morpheridine  30. Noracymethadol  31. Norlevorphanol  32. Normethadone  33. Norpipanone  34. Phenadoxone  35. Phenampromide  36. Phenomorphan  37. Phenoperidine  38. Piritramide  39. Proheptazine  40. Properidine  41. Racemoramide  42. Trimeperidine  43. Propiram  44. Difenoxin  45. Alfentanyl  46. Tilidine  47. Alphamethylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl-4-(N-pro-panilido) piperidine).  (C) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:  1. Acetorphine  2. Acetyldihydrocodeine  3. Benzylmorphine  4. Codeine methylbromide  5. Codeine-N-Oxide  6. Cyprenorphine  7. Desomorphine  8. Dihydromorphine  9. Etorphine  10. Heroin  11. Hydromorphinol  12. Methyldesorphine  13. Methylhydromorphine  14. Morphine methylbromide  15. Morphine methylsulfonate  16. Morphine-N-Oxide  17. Myrophine  18. Nicocodeine  19. Nicomorphine  20. Normorphine  21. Pholcodine  22. Thebacon  23. Drotebanol  (D) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:  1. 3,4-methylenedioxy amphetamine  2. 5-methoxy-3,4-methylenedioxy amphetamine  3. 3,4-methylenedioxymethamphetamine (MDMA)  4. 3,4,5-trimethoxy amphetamine  5. Bufotenine  6. Diethyltryptamine (DET)  7. Dimethyltryptamine (DMT)  8. 4-methyl-2,5-dimethoxyamphetamine (STP)  9. Ibogaine  10. Lysergic acid diethylamide (LSD)  11. Marijuana  12. Mescaline  13. Peyote  14. N-ethyl-3-piperidyl benzilate  15. N-methyl-3-piperidyl benzilate  16. Psilocybin  17. Psilocyn  18. Tetrahydrocannabinol (THC)  19. 2,5-dimethoxyamphetamine  20. 4-bromo-2,5-dimethoxyamphetamine  21. 4-Methoxyamphetamine  22. Thiophene analog of phencyclidine  23. Parahexyl  24. Synthetic cannabinoids.-Any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedule I through V, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation:  a. Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Including, but not limited to, JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-2201, WIN 55-212, AM-2201 (C1 analog), AM-1220.  b. Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.  c. Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Including, but not limited to, JWH-307, JWH-370, JWH-176.  d. Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.  e. Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to, SR-18, RCS-8, JWH-203, JWH-250, JWH-251.  f. Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Including, but not limited to, CP 47,497 (and homologues), cannabicyclohexanol, CP-55, 940.  g. Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to, AM-694, Pravadoline (WIN 48,098), RCS-4, AM-630, AM-1241, AM-2233.  h. 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone (WIN 55,212-2).  i. 9-(hydroxymethyl)-6,6-dimethy l-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol 7370 (HU-210, HU-211).  j. Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.  (E) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers if possible within the specific chemical designation:  (1) Mecloqualone;  (2) Methaqualone; or  (3) Gamma Hydroxybutyric Acid.  (F) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:  (1) Fenethylline;  (2) N-ethylamphetamine;  (3) Cathinone; or  (4) Substituted Cathinones.  Any compound (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:  (a) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;  (b) by substitution at the 3-position with an alkyl substituent;  (c) by substitution at the nitrogen atom with alkyl or dialkyl groups, benzyl or methoxybenzyl groups; or  (d) by inclusion of the nitrogen atom in a cyclic structure.  Including, but not limited to: Methylone, Mephedrone, 3,4-Methylenedioxypyrovalerone (MDPV), Butylone, Methedrone, 4-Methylethcathinone, Flephedrone, Pentylone, Pentedrone, Buphedrone.  HISTORY: 1962 Code Section 32-1510.31; 1971 (57) 800; 1974 (58) 2228; 1976 Act No. 672 Sections 2-4; 1978 Act No. 452 Section 1; 1981 Act No. 72, Section 1; 1982 Act No. 423 Sections 1, 2; 1985 Act No. 59 Sections 1-3; 2000 Act No. 355, Section 3; 2002 Act No. 267, Section 1, eff May 20, 2002; 2012 Act No. 140, Section 2, eff April 2, 2012.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 As used in this article:  (1) "Controlled substance" has the same meaning as provided in Section 44-53-110.  (2) "Drug or alcohol-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, alcohol, or another substance with which a controlled substance or alcohol was combined, that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.  (3) "Seeks medical assistance" means seeking medical assistance by contacting the 911 system, a law enforcement officer, or emergency services personnel.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 (A) A person who seeks medical assistance for another person who appears to be experiencing a drug or alcohol-related overdose may not be prosecuted for any of the offenses listed in subsection (B), if the evidence for prosecution was obtained as a result of the person seeking medical assistance for the apparent overdose on the premises or immediately after seeking medical assistance and the person:  (1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance;  (2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and  (3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.  (B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for:  (1) dispensing or delivering a controlled substance in violation of Section 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;  (2) possessing a controlled substance in violation of Section 44-53-370(c);  (3) possessing less than one gram of methamphetamine or cocaine base in violation of Section 44-53-375(A);  (4) dispensing or delivering methamphetamine or cocaine base in violation of Section 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;  (5) possessing paraphernalia in violation of Section 44-53-391;  (6) selling or delivering paraphernalia in violation of Section 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose;  (7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of Section 63-19-2440;  (8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of Section 61-4-90; or  (9) contributing to the delinquency of a minor in violation of Section 16-17-490.  (C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution.  (D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 (A) A person who experiences a drug or alcohol-related overdose and is in need of medical assistance may not be prosecuted for any of the offenses listed in Section 44-53-1920 if the evidence for prosecution was obtained as a result of the drug or alcohol-related overdose and need for medical assistance.  (B) A person described in Section 44-53-1920 must use his or her own name when contacting authorities, and fully cooperate with law enforcement and medical personnel.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 The court may consider a person's decision to seek medical assistance pursuant to Section 44-53-1920(A) or 44-53-1930 as a mitigating factor in a criminal prosecution or sentencing for a drug or alcohol-related offense that is not an offense listed in Section 44-53-1920(B).  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 This article does not prohibit a person from being arrested, charged, or prosecuted, or from having his supervision status modified or revoked, based on an offense other than an offense listed in Section 44-53-1920(B), whether or not the offense arises from the same circumstances for which the person sought medical assistance.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 Nothing in this article may be construed to:  (1) limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of Section 44-53-1920(A) or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to Section 44-53-1920(A) or Section 44-53-1930;  (2) limit any seizure of evidence or contraband otherwise permitted by law; or  (3) limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effect an arrest for any offense, except as provided in Section 44-53-1920(A) or Section 44-53-1930.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.  Code Commissioner's Note  At the direction of the Code Commissioner, in the introductory paragraph, "article" was substituted for "section" to correct a scrivener's error.
 A law enforcement officer who arrests a person for an offense listed in Section 44-53-1920(B) is not subject to criminal prosecution, or civil liability, for false arrest or false imprisonment if the officer made the arrest based on probable cause.  HISTORY: 2017 Act No. 95 (S.179), Section 1, eff June 10, 2017.
 The term "food" as used in Section 44-53-10 shall include every article used for food or drink by man, including all candies, teas, coffees and spirituous, fermented and malt liquors. The term "drug" as used in Section 44-53-10 shall include all medicines for internal or external use.  HISTORY: 1962 Code Section 32-1452; 1952 Code Section 32-1452; 1942 Code Section 5127; 1932 Code Section 5127; Civ. C. '22 Section 3454; Civ. C. '12 Section 2393; Civ. C. '02 Section 1581; 1898 (22) 804.
 The Department shall place a substance in Schedule II if it finds that:  (a) It has a high potential for abuse;  (b) It has a currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and  (c) Abuse may lead to severe psychic or physical dependence.  HISTORY: 1962 Code Section 32-1510.32; 1971 (57) 800.
 (a) The controlled substances listed in this section are included in Schedule II.  (b) Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:  (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding Apomorphine, Nalbuphine, Naloxone, and Naltrexone, and their respective salts;  (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;  (3) Opium poppy and poppy straw;  (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.  (c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:  1. Alphaprodine  2. Anileridine  3. Bezitramide  4. Dihydrocodeine  5. Diphenoxylate  6. Fentanyl  7. Isomethadone  8. Levomethorphan  9. Levorphanol  10. Metazocine  11. Methadone  12. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane  13. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid  14. Pentazocine (to be administered by injection only)  15. Pethidine (meperidine).  16. Pethidine - Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine  17. Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate  18. Pethidine - Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid  19. Phenazocine  20. Piminodine  21. Racemethorphan  22. Racemorphan  23. Dextropropoxyphene [alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane], in bulk form.  24. Sufentanil  (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:  1. Amphetamine, its salts, optical isomers, and salts of its optical isomers.  2. Methamphetamine, its salts, and salts of isomers.  3. Phenmetrazine and its salts.  4. Methylphenidate.  (e) [Deleted]  (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:  1. Amobarbital  2. Secobarbital  3. Pentobarbital  4. Phencyclidine  5. Phencyclidine immediate precursors:  (a) 1-phenylcyclohexylamine  (b) 1-piperidinocyclohexanecarbonitrile (PCC).  (g) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance:  (1) Immediate precursor to amphetamine and methamphetamine:  (i) Phenylacetone, also known as phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.  HISTORY: 1962 Code Section 32-1510.33; 1971 (57) 800; 1973 (58) 349; 1974 (58) 2228, 2284; 1976 Act No. 672 Section 5; 1978 Act No. 452 Section 2; 1979 Act No. 118 Section 1; 1980 Act No. 388, Section 1; 1981 Act No. 72, Section 2; 1982 Act No. 423, Section 3; 1985 Act No. 59 Sections 4, 5; 1994 Act No. 456, Section 1.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 The Department shall place a substance in Schedule III if it finds that:  (a) It has a potential for abuse less than the substances listed in Schedules I and II;  (b) It has a currently accepted medical use in treatment in the United States; and  (c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.  HISTORY: 1962 Code Section 32-1510.34; 1971 (57) 800.
 (a) The controlled substances listed in this section are included in Schedule III.  (b) Any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:  1. Benzphetamine  2. Chlorphentermine  3. Clortermine  4. (Deleted)  5. Phendimetrazine  (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:  1. any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active ingredients which are not listed in any schedule;  2. any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the United States Food and Drug Administration for marketing only as a suppository;  3. any substance which contains any quantity of a derivative or barbituric acid or any salt thereof;  4. Chlorhexadol;  5. Gamma Hydroxybutyric Acid, and its salts, isomers, and salts of isomers contained in a drug product for which an application has been approved under Section 505 of the Federal Food, Drug and Cosmetic Act;  6. Glutehimide;  7. Lysergic Acid;  8. Lysergic Acid Amide;  9. Methyprylon;  10. Sulfondiethylmethane;  11. Sulfonethylmethane;  12. Sulfonmethane.  (d) Nalorphene  (e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:  1. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.  2. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  3. Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.  4. Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  5. Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  6. Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  7. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  8. Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.  HISTORY: 1962 Code Section 32-1510.35; 1971 (57) 800; 1974 (58) 2228, 2284; 1975 (59) 104; 1979 Act No. 118, Section 2; 1982 Act No. 423, Section 4; 2000 Act No. 355, Section 4.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 The Department shall place a substance in Schedule IV if it finds that:  (a) It has a low potential for abuse relative to the substances in Schedule III;  (b) It has a currently accepted medical use in treatment in the United States; and  (c) Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III.  HISTORY: 1962 Code Section 32-1510.36; 1971 (57) 800.
 The controlled substances in this section are included in Schedule IV.  (a) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:  (1) Alprazolam  (2) Barbital  (3) Bromazepam  (4) Camazepam  (5) Chloral Betaine  (6) Chloral Hydrate  (7) Chlordiazepoxide  (8) Clobazam  (9) Clonazepam  (10) Clorazepate  (11) Clotiazepam  (12) Cloxazolam  (13) Delorazepam  (14) Diazepam  (15) Estazolam  (16) Ethchlorvynol  (17) Ethinamate  (18) Ethyl Loflazepate  (19) Fludiazepam  (20) Flunitrazepam  (21) Flurazepam  (22) Halazepam  (23) Haloxazolam  (24) Ketazolam  (25) Loprazolam  (26) Lorazepam  (27) Lormetazepam  (28) Mebutamate  (29) Medazepam  (30) Meprobamate  (31) Methohexital  (32) Methylphenobarbital  (33) Nimetazepam  (34) Nitrazepam  (35) Nordiazepam  (36) Oxazepam  (37) Oxazolam  (38) Paraldehyde  (39) Petrichloral  (40) Phenobarbital  (41) Pinazepam  (42) Prazepam  (43) Temazepam  (44) Tetrazepam  (45) Triazolam.  (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether position, geometric, or optical), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:  (1) Diethylpropion  (2) Mazindol  (3) Phentermine  (4) Pemoline, including organometallic complexes and chelates thereof  (5) Pipradol  (6) SPA [(-)-1-Dimethylamino-1, 2-diphenylethane].  (c) Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts, isomers (whether position, geometric, or optical) and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible:  (1) Fenfluramine.  (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts;  (1) [Blank]  (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:  (1) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.  (2) Dosage forms of Dextropropoxyphene [Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane].  (f) Pentazocine hydrochloride and acetaminophen, pentazocine hydrochloride and aspirin, and pentazocine and naloxone hydrochloride (all for oral administration only).  (g) Butorphanol  HISTORY: 1962 Code Section 32-1510.37; 1971 (57) 800; 1974 (58) 2228; 1976 Act No. 672 Section 6; 1978 Act No. 452 Sections 3, 4; 1979 Act No. 118 Section 3; 1981 Act No. 72, Section 3; 1982 Act No. 423 Section 5; 1985 Act No. 59 Sections 6, 7; 1994 Act No. 456, Section 2; 2000 Act No. 355, Section 9.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 The Department shall place a substance in Schedule V if it finds that:  (a) It has a low potential for abuse relative to the substances listed in Schedule IV;  (b) It has a currently accepted medical use in treatment in the United States; and  (c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule IV.  HISTORY: 1962 Code Section 32-1510.38; 1971 (57) 800.
 (a) The controlled substances listed in this section are included in Schedule V.  (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:  (1) Not more than 200 milligrams of codeine per 100 milliliter or per 100 grams;  (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;  (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;  (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;  (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.  (6) Not more than one-half milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.  HISTORY: 1962 Code Section 32-1510.39; 1971 (57) 800; 1978 Act No. 452 Section 5; 1979 Act No. 118 Section 4; 1985 Act No. 59 Section 8.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A) The department may promulgate regulations and may charge reasonable fees relating to the license and control of the manufacture, distribution, and dispensing of controlled substances.  (B) No person engaged in a profession or occupation for which a license is required by law may be registered under this article unless the person holds a valid license of that profession or occupation.  (C) A class 20-28 registration, as provided for by the board in regulation, expires October first of each year. The registration of a registrant who fails to renew by October first is canceled. However, registration may be reinstated upon payment of the renewal fees due and a penalty of one hundred dollars if the registrant is otherwise in good standing and presents a satisfactory explanation for failure to renew.  (D) All registrations other than class 20-28, as provided for by the board in regulation, expire on April first of each year. The registration of a registrant who fails to renew by April first is canceled. However, registration may be reinstated upon payment of the renewal fees due and a penalty of one hundred dollars if the registrant is otherwise in good standing and presents a satisfactory explanation for failure to renew.  (E) Refusal by the department to reinstate a canceled registration after payment of the renewal fee and penalty and presentation of an explanation constitutes a refusal to renew and the procedures under Section 44-53-320 apply.  (F) For class 20-28 registrants, initial registrations issued before July first expire October first of that same year, and initial registrations issued on or after July first expire October first of the following year. For classes other than class 20-28, initial registrations issued before January first expire April first of the following year, and initial registrations issued on or after January first expire April first of the following year.  HISTORY: 1962 Code Section 32-1510.40; 1971 (57) 800; 1974 (58) 2228; 1977 Act No. 73, Section 1; 1981 Act No. 79, Section 1; 1994 Act No. 457, Section 1; 2018 Act No. 216 (H.4487), Section 2, eff May 18, 2018.  Effect of Amendment  2018 Act No. 216, Section 2, rewrote (C) and (D), eliminating registration renewal grace periods.
 (a) Every person who manufactures, distributes, or dispenses any controlled substance or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance, shall obtain a registration issued by the Department in accordance with its rules and regulations.  (b) Persons registered by the Department under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.  (c) The following persons need not register and may lawfully possess controlled substances under this article:  (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment;  (2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;  (3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.  (d) The Department may, by regulation, waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.  (e) A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.  (f) The Department is authorized to inspect the establishment of a registrant or an applicant for a registration in accordance with the rules and regulations promulgated by it.  (g) The Department may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.  (h) The Department may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from State prosecution for possession and distribution of controlled substances to the extent of the authorization.  (i) Practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The board shall register an applicant to dispense but not prescribe narcotic drugs to individuals for maintenance treatment or detoxification treatment, or both:  (1) if the applicant is a practitioner who is otherwise qualified to be registered under the provisions of this article to engage in the treatment with respect to which registration has been sought;  (2) if the board determines that the applicant will comply with standards established by the board respecting security of stocks of narcotic drugs for such treatment, and the maintenance of records in accordance with Section 44-53-340 and the rules issued by the board on such drugs; and  (3) if the board determines that the applicant will comply with standards established by the board respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.  (j) Pursuant to the procedures set forth in Section 44-53-300, the department may issue a registration to a licensed nurse practitioner, certified nurse-midwife, or clinical nurse specialist authorized to prescribe controlled substances by the State Board of Nursing for South Carolina, consistent with such prescription authorization. The department also may issue a registration, pursuant to the procedures set forth in Section 44-53-300, to a licensed physician assistant authorized to prescribe controlled substances by the State Board of Medical Examiners, consistent with such prescription authorization. A nurse practitioner, certified nurse-midwife, clinical nurse specialist, or physician assistant registered by the department pursuant to this subsection may not acquire, possess, or dispense, other than by prescription, a controlled substance except as provided by law.  HISTORY: 1962 Code Section 32-1510.41; 1971 (57) 800; 1975 (59) 104; 1993 Act No. 124, Section 3; 2018 Act No. 216 (H.4487), Section 3, eff May 18, 2018.  Effect of Amendment  2018 Act No. 216, Section 3, in (i), substituted "board" for "Board" throughout, in (3), deleted "after consultation with the South Carolina Methadone Council" following "established by the board", and made a nonsubstantive change; and rewrote (j).
 Every person offering or exposing for sale or delivering to a purchaser any drug or article of food or spirituous, fermented or malt liquor included under the provisions of Section 44-53-10, shall furnish to any analyst, or other officer or agent appointed hereunder who shall apply to him for the purpose and shall tender to him the value of the same, a sample sufficient for the purpose of analysis of any such drug, article of food or drink which is in his possession.  HISTORY: 1962 Code Section 32-1453; 1952 Code Section 32-1453; 1942 Code Section 5126; 1932 Code Section 5126; Civ. C. '22 Section 3453; Civ. C. '12 Section 2392; Civ. C. '02 Section 1580; 1898 (22) 804.
 (a) The Department shall register an applicant to manufacture, distribute, or dispense controlled substances included in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250 and 44-53-270 if it determines that the issuance of such registration is consistent with the public interest. In determining the public interest, the following factors shall be considered:  (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;  (2) Compliance with applicable state or federal law;  (3) Promotion and technical advances in the art of manufacturing these substances and the development of new substances;  (4) Prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution or dispensing of such substances;  (5) Past experience in the manufacture, distribution, and dispensing of controlled substances and the existence in the establishment of effective controls against diversion;  (6) Such other factors as may be relevant to and consistent with the public health and safety; and  (7) Licensing by a federal agency.  (b) A registration granted under subsection (a) of this section shall not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.  (c) Within the discretion of the Department, practitioners may be registered to dispense one or more controlled substances in Schedules II through V if they are authorized to dispense drugs under the law of this State. Such practitioners, properly registered with the Department to dispense controlled substances, may also conduct research with non-narcotic controlled substances in Schedules II through V without additional registration as a researcher, provided that prior to engaging in such research, the practitioner shall notify the Department in writing of the scope of such research and the name of the controlled substances to be utilized. Practitioners desiring to conduct research with Schedule I controlled substances or with narcotic controlled substances in Schedules II through V shall first obtain a separate researcher registration from the Department.  (d) The Department shall permit persons to apply for registration within sixty days after June 17, 1971 who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substances prior to June 17, 1971 and who are registered by the State.  (e) Compliance by manufacturers and distributors with the provisions of the Federal law respecting registration (excluding fees) entitles them to be registered under this article.  HISTORY: 1962 Code Section 32-1510.42; 1971 (57) 800; 1981 Act No. 79, Sections 2, 3.
 (a) An application for a registration or a registration granted pursuant to Section 44-53-300 to manufacture, distribute, or dispense a controlled substance, may be denied, suspended, or revoked by the Board upon a finding that the registrant:  (1) Has materially falsified any application filed pursuant to this article;  (2) Has been convicted of a felony or misdemeanor under any State or Federal law relating to any controlled substance;  (3) Has had his Federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; or  (4) Has failed to comply with any standard referred to in Section 44-53-290(i).  (b) The department may place a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.  (c) The Department may suspend, deny, or revoke the registration of any registrant or applicant for the conviction of any felony or misdemeanor involving moral turpitude.  (d) The Department may suspend, deny, or revoke the registration of any registrant or applicant for violation of any of the rules and regulations issued by the Department relating to controlled substances.  (e) The Department may suspend, deny, or revoke the registration of any registrant or applicant if it finds that the security provided for the storage of controlled substances is inadequate to the extent that repeated diversions by theft have occurred.  (f) The Department may suspend, deny, or revoke the registration of any registrant or applicant upon a finding by the Department that the registrant or applicant has violated any statutory provision of this article.  HISTORY: 1962 Code Section 32-1510.43; 1971 (57) 800; 1974 (58) 2228; 1975 (59) 104; 1981 Act No. 79, Sections 4, 5; 1994 Act No. 497, Part II, Section 36L.
 (a) Order to show cause.-Before denying, suspending or revoking a registration, or refusing a renewal of registration, the Department shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the Department at a time and place not less than thirty days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty days before the expiration of the registration. These proceedings shall be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.  (b) The Department, without an order to show cause, may suspend any registration simultaneously with the institution of proceedings under Section 44-53-310, or where renewal of registration is refused if it finds that there is an imminent danger to the public health or safety which warrants this action. A failure to comply with a standard referred to in Section 44-53-290(i) may be treated under this subsection as grounds for immediate suspension of a registration granted under such section. The suspension shall continue in effect until withdrawn by the Board or dissolved by a court of competent jurisdiction.  (c) In the event the Department suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the suspension or revocation is withdrawn by the Department or dissolved by a court of competent jurisdiction, unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances shall be forfeited to the State.  (d) After proper hearing of either a formal or informal nature, the Department, upon its own motion or otherwise, may tender to any respondent in an action brought under subsection (a) of this section, an offer of an administrative consent order if it is found that such administrative consent order properly serves the interests of justice. Such order may contain total or partial revocation of a portion or all of the registration to be affected; assessment of a civil fine and a probationary registration period as provided in Section 44-53-310; terms of any probationary registration; and any other terms affecting such registration as may be agreed upon and consented to by the parties to the order. Such order shall become effective on the date signed by the administrative hearing officer designated by the department unless another date is specified within the order. Violation of such order by the respondent thereto at any time subsequent to the effective date of the order and prior to the expiration of the order or the probationary registration period set forth therein shall cause the registration affected by such order to be revoked, after notice of such revocation is mailed to the respondent at his last known address.  HISTORY: 1962 Code Section 32-1510.44; 1971 (57) 800; 1975 (59) 104; 1978 Act No. 546 Section 1.
 Upon the conviction of any person of the violation of any provision of this article, a certified copy of the judgment of conviction shall be sent by the clerk of the court to the licensing board by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. Upon final order of the Department suspending, denying, modifying, or revoking the controlled substances registration of any registrant or applicant under this article, or upon the execution and approval of an administrative consent order provided for by Section 44-53-320, the Department shall forward a copy thereof to the licensing board by whom the affected registrant or applicant has been licensed or registered to practice his profession or carry on his business, if such licensing board be in existence.  HISTORY: 1962 Code Section 32-1510.45; 1971 (57) 800; 1981 Act No. 79, Section 6.
 Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of Federal law and with any additional rules the Department issues.  HISTORY: 1962 Code Section 32-1510.46; 1971 (57) 800.
 (a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form prescribed by the Department. Compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this section.  (b) Nothing contained in subsection (a) shall apply:  (1) To the administering or dispensing of such substances to a patient by a practitioner in the course of his professional practice, however, such practitioner shall comply with the requirements of Section 44-53-340;  (2) To the distribution or dispensing of such substances by a pharmacist to an ultimate user pursuant to a written prescription issued by a practitioner authorized to issue such prescription, however, such pharmacist shall comply with the requirements of Section 44-53-340.  HISTORY: 1962 Code Section 32-1510.47; 1971 (57) 800.
 (a) Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, or in emergency situations as prescribed by the department by regulation, no controlled substance included in Schedule II may be dispensed without the written or electronic prescription of a practitioner. Prescriptions shall be retained in conformity with the requirements of Section 44-53-340. No prescription for a controlled substance in Schedule II may be refilled.  (b) A pharmacist may dispense a controlled substance included in Schedule III, IV, or V pursuant to either a written or electronic prescription signed by a practitioner, or a facsimile of a written, signed prescription, transmitted by the practitioner or the practitioner's agent to the pharmacy, or pursuant to an oral prescription, reduced promptly to writing and filed by the pharmacist. A prescription transmitted by facsimile must be received at the pharmacy as it was originally transmitted by facsimile and must include the name and address of the practitioner, the phone number for verbal confirmation, the time and date of transmission, and the name of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law. Such prescription, when authorized, may not be refilled more than five times or later than six months after the date of the prescription unless renewed by the practitioner.  (c) No controlled substances included in any schedule may be distributed or dispensed for other than a medical purpose. No practitioner may dispense a Schedule II narcotic controlled substance for the purpose of maintaining the addiction of a narcotic dependent person outside of a facility or program approved by the Department of Health and Environmental Control. No practitioner may dispense a controlled substance outside of a bona fide practitioner-patient relationship.  (d) Unless specifically indicated in writing on the face of the prescription or noted in the electronic prescription that it is to be refilled, and the number of times specifically indicated, no prescription may be refilled. The indication of "PRN" or "ad lib" or phrases, abbreviations, or symbols of like meaning shall not be construed as to exceed five refills or six months, whichever shall first occur. Preprinted refill instructions on the face of a prescription shall be disregarded by the dispenser unless an affirmative marking or other indication is made by the prescriber.  (e) Prescriptions for controlled substances in Schedule II with the exception of transdermal patches and surgically implanted drug delivery systems, must not exceed a thirty-one-day supply. Prescriptions for Schedule II substances must be dispensed within ninety days of the date of issue, after which time they are void. Prescriptions for controlled substances in Schedules III through V, inclusive, must not exceed a ninety-day supply.  (f) Preprinted prescriptions for controlled substances in any schedule are prohibited.  (g) The Board shall, by rules and regulations, specify the manner by which prescriptions are filed.  (h) A prescription, in order to be effective in legalizing the possession of a controlled substance and eliminating the need for registration of the recipient, must be issued for legitimate medical purposes. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding liability rests with the pharmacist who fills and ultimately dispenses the prescription. An order purporting to be a prescription issued to a drug dependent person, not in the course of generally accepted medical treatment, but for the purpose of providing the user with controlled substances sufficient to maintain his dependence upon the substance, or to provide him with quantities of controlled substances in great excess of normal dosage ranges as recommended by the manufacturer of the substance, is not a prescription within the meaning and intent of this article; and the person filling or dispensing such an order, as well as the person issuing it, shall be deemed in violation of this section.  (i) Excepting a mail order prescription dispensed in compliance with Chapter 43 of Title 40 for which the dispenser requires proper identification of the recipient, a prescription for a controlled substance in Schedules II through V may not be filled unless the dispenser knows the recipient or requires the recipient to produce a government issued photo identification, and the dispenser notes the identification source and number on the prescription, or in a readily retrievable log including:  (1) prescription number;  (2) date prescription filled;  (3) number and type of identification;  (4) initials of person obtaining and recording information.  (j)(1) Initial opioid prescriptions for acute pain management or postoperative pain management must not exceed a seven-day supply, except when clinically indicated for cancer pain, chronic pain, hospice care, palliative care, major trauma, major surgery, treatment of sickle cell disease, treatment of neonatal abstinence syndrome, or medication-assisted treatment for substance use disorder. Upon any subsequent consultation for the same pain, the practitioner may issue any appropriate renewal, refill, or new opioid prescription.  (2) This subsection does not apply to opioid prescriptions issued by a practitioner who orders an opioid prescription to be wholly administered in a hospital, nursing home, hospice facility, or residential care facility.  (3) A practitioner who acts in accordance with the limitation on prescriptions as set forth in this subsection is immune from any civil liability or disciplinary action from the practitioner's professional licensing board.  (4) As used in this subsection:  (A) "Acute pain" means pain that a practitioner reasonably expects to last for three months or less, whether resulting from disease, accident, intentional trauma, or other cause. The term does not include "chronic pain" or pain being treated as part of cancer care, chronic care, hospice care, palliative care, major trauma, major surgery, treatment of sickle cell disease, treatment of neonatal abstinence syndrome, or medication-assisted treatment for substance use disorder.  (B) "Chronic pain" means pain that typically lasts for longer than three months or that lasts beyond the time of normal tissue healing.  (C) "Postoperative pain" means acute pain experienced immediately after a surgical procedure.  (D) "Surgical procedure" means a procedure performed for the purpose of altering the human body by incision or destruction of tissues as part of the practice of medicine such as diagnostic or therapeutic treatment of conditions or disease processes by use of instruments and includes lasers, ultrasound, ionizing, radiation, scalpels, probes, or needles that cause localized alteration or transportation of live human tissue by cutting, burning, vaporizing, freezing, suturing, probing, or manipulating by closed reduction for major dislocations and fractures, or otherwise altering by any mechanical, thermal, light-based, electromagnetic, or chemical means.  (k)(1) Unless otherwise exempted by this subsection, a practitioner shall electronically prescribe any controlled substance included in Schedules II, III, IV, and V. This subsection does not apply to prescriptions for a controlled substance included in Schedules II through V issued by any of the following:  (A) a practitioner, other than a pharmacist, who dispenses directly to the ultimate user;  (B) a practitioner who orders a controlled substance included in Schedules II through V to be administered in a hospital, nursing home, hospice care program, home infusion pharmacy, outpatient dialysis facility, or residential care facility;  (C) a practitioner who experiences temporary technological or electrical failure or other extenuating technical circumstances that prevent a prescription from being transmitted electronically; however, the practitioner must document the reason for this exception in the patient's medical record;  (D) a practitioner who writes a prescription for a controlled substance included in Schedules II through V to be dispensed by a pharmacy located on federal property; however, the practitioner must document the reason for this exception in the patient's medical record;  (E) a person licensed to practice veterinary medicine pursuant to Chapter 69, Title 40;  (F) a practitioner who writes a prescription for a controlled substance included in Schedules II through V for a patient who is being discharged from a hospital, emergency department, or urgent care or for a patient who is receiving services from a facility established pursuant to Section 44-11-10; or  (G) a practitioner who issues an oral authorization in the case of an emergency situation.  (2) A prescription for a controlled substance included in Schedules II, III, IV, and V that includes elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard is exempt from this subsection.  (3) A dispenser is not required to verify that a practitioner properly falls under one of the exceptions specified in item (1) or (2) before dispensing a controlled substance included in Schedules II through V. A dispenser may continue to dispense a controlled substance included in Schedules II through V from valid written, oral, faxed, or electronic prescriptions that are otherwise consistent with applicable laws.  (4) A dispenser is immune from any civil or criminal liability or disciplinary action from the State Board of Pharmacy for dispensing a prescription written by a prescriber that is in violation of this subsection.  (l)(1) A written prescription for any Schedule II, III, IV, and V controlled substance must be written on tamper-resistant prescription pads which contain one or more industry-recognized features designed to prevent all of the following:  (A) unauthorized copying of a completed or blank prescription form;  (B) erasure or modification of information written on the prescription by the prescriber; and  (C) use of counterfeit prescription forms.  (2) Prescription orders transmitted by facsimile, orally, or electronically are exempt from the tamper-resistant prescription pad requirements of this section.  (3) The tamper-resistant prescription pad requirements do not apply to refill prescriptions of an original written prescription that was presented to a pharmacy before the effective date of this act.  (4) The exceptions set forth in Section 1927(k)(3) of the Social Security Act, 42 U.S.C. Section 1396r-8(k)(3), concerning nursing facilities, hospitals, and other institutional and clinical settings, are exempt from the tamper-resistant prescription pad requirements of this section.  (5) If a written prescription is not submitted on a tamper-resistant prescription form meeting the requirements of this section, a pharmacy may fill the prescription in full as written on an emergency basis as long as the pharmacy receives a verbal, facsimile, electronic, or compliant written prescription from the prescriber within seventy-two hours after the date on which the prescription was filled.  HISTORY: 1962 Code Section 32-1510.48; 1971 (57) 800; 1974 (58) 2228; 1975 (59) 104; 1981 Act No. 79, Section 7; 2000 Act No. 355, Section 10; 2002 Act No. 365, Sections 2, 3, eff September 26, 2002; 2006 Act No. 396, Section 2, eff June 14, 2006; 2007 Act No. 71, Sections 1 to 3, eff June 13, 2007; 2018 Act No. 201 (S.918), Section 1, eff May 15, 2018; 2018 Act No. 243 (H.3826), Section 1, eff July 16, 2018; 2019 Act No. 65 (H.3728), Sections 5, 6, eff January 1, 2021; 2020 Act No. 160 (H.4938), Section 1, eff January 1, 2021; 2021 Act No. 23 (H.3179), Section 1, eff April 26, 2021.  Editor's Note  2019 Act No. 65, preamble, provides as follows:  "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and  "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and  "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and  "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and  "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and  "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]."  Effect of Amendment  2018 Act No. 201, Section 1, added (j), establishing limitations for initial opioid prescriptions.  2018 Act No. 243, Section 1, added (k), requiring written prescriptions for controlled substances to be written on tamper-resistant prescription pads, with exceptions.  2019 Act No. 65, Section 5, in (a), in the first sentence, substituted "department" for "Department" and inserted "or electronic" following "written"; in (b), in the first sentence, inserted "or electronic" following "written"; and in (d), in the first sentence, inserted "or noted in the electronic prescription".  2019 Act No. 65, Section 6, in (j), added (5), providing for the use of electronic prescriptions.  2020 Act No. 160, Section 1, in (j), redesignated (5) as (k) and rewrote (k), and redesignated former (k) as (l).  2021 Act No. 23, Section 1, in (e), in the first sentence, substituted "and surgically implanted drug delivery systems, must not exceed a thirty-one-day supply" for ", must not exceed a thirty-one day supply".
 (A) A prescriber shall:  (1) offer a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient if one or more of the following conditions are present:  (a) the prescription dosage for the patient is fifty or more morphine milligram equivalents of an opioid medication per day;  (b) an opioid medication is prescribed concurrently with a prescription for benzodiazepine; or  (c) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant;  (2) consistent with the existing standard of care, provide education to patients receiving a prescription pursuant to item (1) on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression; and  (3) consistent with the existing standard of care, provide education on overdose prevention and the use of naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to one or more persons designated by the patient or, for a patient who is a minor, to the patient's parent or guardian.  (B) A prescriber who fails to offer a prescription, as required by subsection (A)(1), or fails to provide the education and use information required by subsections (A)(2) and (3) may be subject to discipline by the appropriate licensing board. This section does not create a private right of action against a prescriber and does not limit a prescriber's liability for negligent failure to diagnose or treat a patient.  HISTORY: 2021 Act No. 22 (S.571), Section 1, eff July 25, 2021.
 (A) A controlled substance manufacturer, distributer, or reverse distributer; a narcotic treatment program; a hospital or clinic with an onsite pharmacy; or a retail pharmacy operating in the State may apply to be registered as a collector by the federal Drug Enforcement Administration, pursuant to 21 C.F.R. 1317.40, to receive Schedule II, III, IV, and V controlled substances from an ultimate user, or a person entitled to dispose of an ultimate user decedent's property, as part of law enforcement take-back events or collector mail-back programs. A collector must comply with any state and federal requirements to ensure the safe disposal of controlled substances and to prevent diversion of collected controlled substances, including as provided in 21 C.F.R. Part 1317.  (B) The Department of Health and Environmental Control shall develop guidance for pharmacies and other entities qualified to register as a collector to encourage participation. The department shall coordinate with law enforcement, health care providers, and the U.S. Drug Enforcement Administration to encourage registration as a collector and to promote public awareness of controlled substance take-back events and mail-back programs.  HISTORY: 2017 Act No. 76 (H.3817), Section 1, eff May 19, 2017.
 (A) Except as provided in subsection (C), before issuing, for a minor, the first prescription in a single course of treatment for an opioid analgesic, regardless of whether the dosage is modified during that course of treatment, a prescriber shall:  (1) as part of the prescriber's examination of the minor, assess whether the minor has ever suffered from or is currently suffering from a mental health or substance abuse disorder and whether the minor has taken or is currently taking prescription drugs for treatment of a mental health or substance abuse disorder;  (2) discuss with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment all of the following:  (a) the risks of addiction and overdose associated with opioid analgesics;  (b) the increased risk of addiction to controlled substances of individuals suffering from both mental health and substance abuse disorders;  (c) the dangers of taking opioid analgesics with benzodiazepines, alcohol, or other central nervous system depressants;  (d) any other information in the patient counseling information section of the labeling for the opioid analgesic required pursuant to 21 C.F.R. 201.57(c)(18); and  (3) obtain written consent for the prescription from the minor's parent, guardian, or, subject to subsection (E), another adult authorized to consent to the minor's medical treatment.  (B) The prescriber shall record the consent required pursuant to subsection (A)(3) on a "Start Talking!" consent form developed by the State Board of Medical Examiners. The form must be separate from any other document the prescriber uses to obtain informed consent for other treatment provided to the minor and must contain:  (1) the name and quantity of the opioid analgesic being prescribed and the amount of the initial dose;  (2) a statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse;  (3) a statement certifying that the prescriber discussed with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment the matters described in subsection (A)(2);  (4) the number of refills, if any, authorized by the prescription; and  (5) the signature of the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment and the date of signing.  (C)(1) The requirements set forth in subsection (A) do not apply if the minor's treatment with an opioid analgesic:  (a) is associated with or incident to a medical emergency;  (b) is associated with or incident to surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis;  (c) is associated with pain management treatment for palliative care, cancer care, or hematological disorders including, but not limited to, sickle cell disease;  (d) is associated with the treatment of neonatal abstinence syndrome;  (e) in the prescriber's professional judgment, fulfilling the requirements of subsection (A) would be a detriment to the minor's health or safety;  (f) except as provided in subsection (D), the treatment is rendered in a hospital, emergency facility, ambulatory surgical facility, nursing home, pediatric respite care program, residential care facility, freestanding rehabilitation facility, or similar institutional facility;  (g) is ordered by a practitioner issuing a prescription for a Schedule II controlled substance to treat a hospice-certified patient;  (h) is ordered by a practitioner issuing a prescription for a Schedule II controlled substance that does not exceed a five-day supply for a patient; or  (i) is ordered by a practitioner prescribing a Schedule II controlled substance for a patient with whom the practitioner has an established relationship for the treatment of a chronic condition; however, the practitioner must review the patient's controlled substance history maintained in the prescription drug monitoring program at least every three months.  (2) The requirements of subsection (A) do not apply to a prescription for an opioid analgesic that a prescriber issues to a minor at the time of discharge from a facility or other location described in item (1)(f).  (D) The exemption provided pursuant to subsection (C)(1)(f) does not apply to treatment rendered in a prescriber's office that is located on the premises of or adjacent to a facility or other location described in that subsection.  (E) If the individual who signs the consent form required pursuant to subsection (A)(3) is another adult authorized to consent to the minor's medical treatment, the prescriber shall prescribe not more than a single, seventy-two hour supply and indicate on the prescription the quantity that is to be dispensed pursuant to the prescription.  (F) A signed "Start Talking!" consent form obtained pursuant to this section must be maintained in the minor's medical record.  (G)(1) As used in this section:  (a) "Another adult authorized to consent to the minor's medical treatment" means an adult to whom a minor's parent or guardian has given written authorization to consent to the minor's medical treatment.  (b) "Medical emergency" means a situation that in a prescriber's good faith medical judgment creates an immediate threat of serious risk to the life or physical health of a minor.  (c) "Minor" means an individual under eighteen years of age who is not emancipated.  (2) For purposes of this section, an individual under eighteen years of age is emancipated only if the individual has married, has entered the armed services of the United States, has become employed and self-sustaining, or otherwise has become independent from the care and control of the individual's parent, guardian, or custodian.  HISTORY: 2018 Act No. 242 (H.3819), Section 1, eff November 17, 2018.
 (A) It is unlawful for a person to take or exercise control over a controlled substance, the immediate precursor of a controlled substance, or ephedrine, pseudoephedrine, or phenylpropanolamine belonging to another person or entity with the intent to deprive the person or entity of the controlled substance, the immediate precursor, or ephedrine, pseudoephedrine, or phenylpropanolamine.  (B) A person who knowingly and intentionally violates subsection (A):  (1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and  (2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both.  HISTORY: 2002 Act No. 365, Section 1, eff September 26, 2002; 2005 Act No. 127, Section 3, eff June 7, 2005.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (a) Except as authorized by this article it shall be unlawful for any person:  (1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;  (2) to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or conspire to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, deliver, or purchase a counterfeit substance.  (b) A person who violates subsection (a) with respect to:  (1) a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. For a third or subsequent offense, the offender must be imprisoned not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;  (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted, and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted, and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;  (3) a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted;  (4) a substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than one year or fined not more than one thousand dollars, or both. In the case of second or subsequent offenses, the sentence must be twice the first offense. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a first offense or second offense may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsections (c) and (d), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted.  (c) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article.  (d) A person who violates subsection (c) with respect to:  (1) a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years or fined not more than five thousand dollars, or both. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;  (2) any other controlled substance classified in Schedules I through V is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than one thousand dollars, or both. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than two thousand dollars, or both, except as provided in subsection (d)(4). Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;  (3) cocaine is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense, the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twelve thousand five hundred dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits;  (4) possession of more than: one gram of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or milligrams of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Sections 17-22-10 through 17-22-160. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this item may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits.  When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable.  (e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:  (1) ten pounds or more of marijuana is guilty of a felony which is known as "trafficking in marijuana" and, upon conviction, must be punished as follows if the quantity involved is:  (a) ten pounds or more, but less than one hundred pounds:  1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;  2. for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;  3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (b) one hundred pounds or more, but less than two thousand pounds, or one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (c) two thousand pounds or more, but less than ten thousand pounds, or more than one thousand marijuana plants, but less than ten thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (d) ten thousand pounds or more, or ten thousand marijuana plants, or more than ten thousand marijuana plants regardless of weight, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (2) ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4), is guilty of a felony which is known as "trafficking in cocaine" and, upon conviction, must be punished as follows if the quantity involved is:  (a) ten grams or more, but less than twenty-eight grams:  1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (b) twenty-eight grams or more, but less than one hundred grams:  1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  2. for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (d) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;  (e) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (3) four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as "trafficking in illegal drugs" and, upon conviction, must be punished as follows if the quantity involved is:  (a) four grams or more, but less than fourteen grams:  1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;  (b) fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (4) fifteen grams or more of methaqualone is guilty of a felony which is known as "trafficking in methaqualone" and, upon conviction, must be punished as follows if the quantity involved is:  (a) fifteen grams but less than one hundred fifty grams:  1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;  2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (b) one hundred fifty grams but less than fifteen hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (c) fifteen hundred grams but less than fifteen kilograms, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (d) fifteen kilograms or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (5) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of lysergic acid diethylamide (LSD) is guilty of a felony which is known as "trafficking in LSD" and, upon conviction, must be punished as follows if the quantity involved is:  (a) one hundred dosage units or the equivalent quantity, or more, but less than five hundred dosage units or the equivalent quantity:  1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty thousand dollars;  2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended or probation granted, and a fine of forty thousand dollars;  3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (b) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:  1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  2. for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) one thousand dosage units or the equivalent quantity, or more, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;  (6) one gram or more of flunitrazepam is guilty of a felony which is known as "trafficking in flunitrazepam" and, upon conviction, must be punished as follows if the quantity involved is:  (a) one gram but less than one hundred grams:  1. for a first offense a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;  2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (b) one hundred grams but less than one thousand grams, a mandatory term of imprisonment of twenty years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (c) one thousand grams but less than five kilograms, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (d) five kilograms or more, a term of imprisonment of not less than twenty-five years, nor more than thirty years, with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;  (7) fifty milliliters or milligrams or more of gamma hydroxybutyric acid or a controlled substance analogue of gamma hydroxybutyric acid is guilty of a felony which is known as "trafficking in gamma hydroxybutyric acid" and, upon conviction, must be punished as follows:  (a) for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;  (b) for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.  A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted of conspiracy pursuant to this subsection must be sentenced as provided in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.  The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.  The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection.  (8) one hundred tablets, capsules, dosage units, or the equivalent quantity, or more of 3, 4-methalenedioxymethamphetamine (MDMA) is guilty of a felony which is known as "trafficking in MDMA or ecstasy" and, upon conviction, must be punished as follows if the quantity involved is:  (a) one hundred dosage units or the equivalent quantity, or more, but less than five hundred dosage units or the equivalent quantity:  (i) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty thousand dollars;  (ii) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of forty thousand dollars;  (iii) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (b) five hundred dosage units or the equivalent quantity, or more, but less than one thousand dosage units or the equivalent quantity:  (i) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (ii) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (iii) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) one thousand dosage units or the equivalent quantity, or more, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars.  (f) It shall be unlawful for a person to administer, distribute, dispense, deliver, or aid, abet, attempt, or conspire to administer, distribute, dispense, or deliver a controlled substance or gamma hydroxy butyrate to an individual with the intent to commit one of the following crimes against that individual:  (1) kidnapping, Section 16-3-910;  (2) trafficking in persons, Section 16-3-2020;  (3) criminal sexual conduct in the first, second, or third degree, Sections 16-3-652, 16-3-653, and 16-3-654;  (4) criminal sexual conduct with a minor in the first, second, or third degree, Section 16-3-655;  (5) criminal sexual conduct where victim is legal spouse (separated), Section 16-3-658;  (6) spousal sexual battery, Section 16-3-615;  (7) engaging a child for a sexual performance, Section 16-3-810;  (8) petit larceny, Section 16-13-30 (A); or  (9) grand larceny, Section 16-13-30 (B).  (g) A person who violates subsection (f) with respect to:  (1) a controlled substance classified in Schedule I (B) or (C) which is a narcotic drug or lysergic acid diethylamide (LSD), or in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, must be:  (a) for a first offense, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;  (b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;  (c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than fifteen years nor more than thirty years, or fined not more than fifty thousand dollars, or both.  Except in the case of conviction for a first offense, the sentence in this item must not be suspended and probation must not be granted;  (2) any other controlled substance or gamma hydroxybutyrate is guilty of a felony and, upon conviction, must be:  (a) for a first offense, imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both;  (b) for a second offense, or if in the case of a first conviction of a violation of any provision of this subsection, the offender previously has been convicted of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not more than twenty years or fined not more than thirty thousand dollars, or both;  (c) for a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of a violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, imprisoned not less than five years nor more than twenty-five years, or fined not more than forty thousand dollars, or both.  Except in the case of conviction for a first offense, the sentence in this item must not be suspended and probation must not be granted.  HISTORY: 1962 Code Section 32-1510.49; 1971 (57) 800, 2056; 1974 (58) 2284; 1979 Act No. 118 Section 5; 1981 Act No. 33 Sections 1, 2; 1984 Act No. 482, Section 1; 1988 Act No. 565, Section 1; 1990 Act No. 604, Sections 6, 7; 1993 Act No. 58, Section 1; 1993 Act No. 184, Sections 236-238; 1994 Act No. 497, Part II, Sections 36M, 36N; 1995 Act No. 7, Part I, Section 17; 1998 Act No. 372, Sections 1, 2, 5; 2000 Act No. 355, Sections 5 to 8; 2002 Act No. 267, Sections 2, 3, eff May 20, 2002; 2005 Act No. 127, Section 4, eff June 7, 2005; 2010 Act No. 273, Section 37, eff June 2, 2010; 2010 Act No. 289, Section 12, eff June 11, 2010; 2012 Act No. 255, Section 12, eff June 18, 2012; 2015 Act No. 7 (S.196), Section 6.G, eff April 2, 2015; 2016 Act No. 154 (H.3545), Section 8, eff April 21, 2016.  Code Commissioner's Note  At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A) A person possessing less than one gram of methamphetamine or cocaine base, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twelve thousand five hundred dollars, or both. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits.  (B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:  (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both;  (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both;  (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both.  Possession of one or more grams of methamphetamine or cocaine base is prima facie evidence of a violation of this subsection. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a first offense or second offense may have the sentence suspended and probation granted, and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Notwithstanding any other provision of law, a person convicted and sentenced pursuant to this subsection for a third or subsequent offense in which all prior offenses were for possession of a controlled substance pursuant to subsection (A), may have the sentence suspended and probation granted and is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. In all other cases, the sentence must not be suspended nor probation granted.  (C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of methamphetamine or cocaine base, as defined and otherwise limited in Section 44-53-110, 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as "trafficking in methamphetamine or cocaine base" and, upon conviction, must be punished as follows if the quantity involved is:  (1) ten grams or more, but less than twenty-eight grams:  (a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (2) twenty-eight grams or more, but less than one hundred grams:  (a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;  (5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.  (D) Possession of equipment or paraphernalia used in the manufacture of cocaine, cocaine base, or methamphetamine is prima facie evidence of intent to manufacture.  (E)(1) It is unlawful for any person, other than a manufacturer, practitioner, dispenser, distributor, or retailer to knowingly possess any product that contains nine grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. A person who violates this subsection is guilty of a felony known as "trafficking in ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances" and, upon conviction, must be punished as follows if the quantity involved is:  (a) nine grams or more, but less than twenty-eight grams:  (i) for a first offense, a term of imprisonment of not more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;  (ii) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (iii) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (b) twenty-eight grams or more, but less than one hundred grams:  (i) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (ii) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (iii) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (c) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;  (d) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;  (e) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.  (2) This subsection does not apply to:  (a) a consumer who possesses products:  (i) containing ephedrine, pseudoephedrine, or phenylpropanolamine in a manner consistent with typical medicinal or household use, as indicated by storage location, and possession of the products in a variety of strengths, brands, types, purposes, and expiration dates; or  (ii) for agricultural use containing anhydrous ammonia if the consumer has reformulated the anhydrous ammonia by means of additive so as effectively to prevent the conversion of the active ingredient into methamphetamine, its salts, isomers, salts of isomers, or its precursors, or the precursors' salts, isomers, or salts of isomers, or a combination of any of these substances; or  (b) products labeled for pediatric use pursuant to federal regulations and according to label instructions primarily intended for administration to children under twelve years of age; or  (c) products that the Drug Enforcement Administration and the Department of Health and Environmental Control, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, its salts, isomers, salts of isomers, or its precursors, or the precursors' salts, isomers, or salts of isomers, or a combination of any of these substances.  (3) This subsection preempts all local ordinances or regulations governing the possession of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine.  (F) Sentences for violation of the provisions of subsections (C) or (E) may not be suspended and probation may not be granted. A person convicted and sentenced under subsection (C) or (E) to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release as provided in Section 24-13-610, or supervised furlough as provided in Section 24-13-710.  (G) A person eighteen years of age or older may be charged with unlawful conduct toward a child pursuant to Section 63-5-70, if a child was present at any time during the unlawful manufacturing of methamphetamine.  HISTORY: 1987 Act No. 128 Section 1; 1990 Act No. 604, Section 8; 1993 Act No. 58, Section 2; 1993 Act No. 184, Section 74; 1995 Act No. 7, Part I, Section 18; 2005 Act No. 127, Section 5, eff June 7, 2005; 2010 Act No. 273, Section 38, eff June 2, 2010; 2016 Act No. 154 (H.3545), Section 9, eff April 21, 2016.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A) It is unlawful for a person to knowingly cause to be disposed any waste from the production of methamphetamine or knowingly assist, solicit, or conspire with another to dispose of methamphetamine waste.  (B) A person who violates subsection (A) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.  (C) If a person is convicted of a violation of this section, in a manner that requires an emergency or environmental response, the person convicted must be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response. The convicted person shall make the restitution in addition to any other fine or penalty required by law.  (D) Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those otherwise authorized, who are lawfully tasked with the proper disposal of the waste created from methamphetamine production.  HISTORY: 2006 Act No. 275, Section 3, eff 6 months after approval (became law without the Governor's signature on May 4, 2006).
 (A) It is unlawful for a person who is eighteen years of age or older to:  (1) either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or  (2) knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or  (3) knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine.  (B) A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.  HISTORY: 2008 Act No. 361, Section 5, eff June 16, 2008.  Editor's Note  This section was formerly Section 20-7-105.  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (a) It shall be unlawful for any person:  (1) Who is subject to the requirements of Sections 44-53-280 to 44-53-360 to distribute or dispense a controlled substance in violation of Section 44-53-360;  (2) Who is a registrant to manufacture, distribute, or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;  (3) To omit, remove, alter, or obliterate a symbol required by the Federal Controlled Substances Act or this article;  (4) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this article;  (5) To refuse any entry into any premises or inspection authorized by this article;  (6) Knowingly to keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this article; or  (7) Who is subject to the requirements of this article to fail to register as provided in Section 44-53-280 to manufacture, distribute, or dispense controlled substances prior to his engaging in such manufacturing, distribution, or dispensing.  (b) Any person who violates this section is punishable by a civil fine of not more than one thousand dollars; provided, that, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally, such person shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not more than five years, or fined not more than ten thousand dollars, except that if such person is a corporation it shall be subject to a civil penalty of not more than one hundred thousand dollars. Imposition of a civil penalty pursuant to this item shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.  HISTORY: 1962 Code Section 32-1510.50; 1971 (57) 800; 1975 (59) 104.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (a) It is unlawful for a person knowingly or intentionally to:  (1) distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by Section 44-53-350;  (2) use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;  (3) acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;  (4) furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article;  (5) make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling so as to render the drug a counterfeit substance;  (6) distribute or deliver a noncontrolled substance or an imitation controlled substance:  (A) with the expressed or implied representation that the substance is a narcotic or nonnarcotic controlled substance, or with the expressed or implied representation that the substance is of such nature or appearance that the recipient of the distribution or delivery will be able to dispose of the substance as a controlled substance;  (B) when the physical appearance of the finished product is substantially similar to a specific controlled substance, or if in a tablet or capsule dosage form as a finished product it is similar in color, shape, and size to any controlled substances' dosage form, or its finished dosage form has similar, but not necessarily identical, markings on each dosage unit as any controlled substances' dosage form, or if its finished dosage form container bears similar, but not necessarily identical, markings or printed material as any controlled substances which is commercially manufactured and commercially packaged by a manufacturer or repackager registered under the provisions of Title 21, Section 823 of the United States Code. In any prosecution for unlawful delivery of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to actually be a controlled substance.  (b) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years, or fined not more than ten thousand dollars, or both. If such person is a corporation, it is subject to a civil penalty of not more than one hundred thousand dollars.  (c) The provisions of Section 44-53-390(a)(6) do not apply to any transaction in the ordinary course of professional practice of a practitioner registered to dispense controlled substances under this article, nor do they apply to a pharmacy acting in the normal course of business, or pursuant to the lawful order of a placebo prescription.  HISTORY: 1962 Code Section 32-1510.51; 1971 (57) 800; 1982 Act No. 427, Section 2; 1993 Act No. 184, Section 75.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (a) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia.  (b) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:  (1) Statements by an owner or by anyone in control of the object concerning its use;  (2) The proximity of the object to controlled substances;  (3) The existence of any residue of controlled substances on the object;  (4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;  (5) Instructions, oral or written, provided with the object concerning its use;  (6) Descriptive materials accompanying the object which explain or depict its use;  (7) National and local advertising concerning it use;  (8) The manner in which the object is displayed for sale;  (9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;  (10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;  (11) The existence and scope of legitimate uses for the object in the community;  (12) Expert testimony concerning its use.  (c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.  HISTORY: 1982 Act No. 400, Section 2.
 Notwithstanding any other provision of this article, the weight of any controlled substance referenced in this article is the weight of that substance in pure form or any compound or mixture thereof.  HISTORY: 1990 Act No. 604, Section 9.
 (A) It shall be unlawful:  (1) for any practitioner to issue any prescription document signed in blank. The issuance of such document signed in blank shall be prima facie evidence of a conspiracy to violate this section. The possession of prescription document signed in blank by a person other than the person whose signature appears thereon shall be deemed prima facie evidence of a conspiracy between the possessor and the signer to violate the provisions of this section;  (2) for any person other than a practitioner registered with the Department under this article to possess a blank prescription not completed and signed by the practitioner whose name appears printed thereon;  (3) for any person to withhold the information from a practitioner that such person is obtaining controlled substances of like therapeutic use in a concurrent time period from another practitioner.  (B) Any person who knowingly and intentionally violates this section a first time shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a term of imprisonment for not more than two years or by a fine of not more than two thousand dollars, or both. Any person who knowingly and intentionally violates this section a second or subsequent time shall be deemed guilty of a felony and upon conviction shall be punished by a term of imprisonment for not more than five years.  HISTORY: 1978 Act No. 546, Section 2.
 (A) Nonprescription products whose sole active ingredient is ephedrine, pseudoephedrine, or phenylpropanolamine may be offered for retail sale only if sold in blister packaging. The retailer shall ensure that such products are not offered for retail sale by self-service but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by an employee or agent of the retailer.  (B)(1) A retailer may not sell to an individual in any single day a nonprescription product or a combination of nonprescription products containing more than 3.6 grams of ephedrine, pseudoephedrine, or phenylpropanolamine; and a retailer may not sell to an individual in a thirty-day period a nonprescription product or a combination of nonprescription products containing more than nine grams of ephedrine, pseudoephedrine, or phenylpropanolamine.  (2) An individual may not purchase in any single day a nonprescription product or a combination of nonprescription products containing more than 3.6 grams of ephedrine, pseudoephedrine, or phenylpropanolamine; and an individual may not purchase in a thirty-day period a nonprescription product or a combination of nonprescription products containing more than nine grams of ephedrine, pseudoephedrine, or phenylpropanolamine.  (C) It is unlawful for a retailer to purchase any product containing ephedrine, pseudoephedrine, or phenylpropanolamine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.  (D)(1) A retailer selling nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign an electronic log showing the date and time of the transaction, the person's name and address, the type, issuing governmental entity, identification number, and the amount of the compound, mixture, or preparation. The retailer shall determine that the name entered in the log corresponds to the name on the identification and that the date and time entered are correct and shall enter in the log the name of the product and the quantity sold. The retailer shall ensure that the product is delivered directly into the custody of that purchaser. The log must include a notice to purchasers that entering false statements or misrepresentations in the log may subject the purchaser to criminal penalties.  (2) Before completing a sale of a product regulated by this section, the retailer electronically shall transmit the information entered in the log to a data collection system provided by the National Association of Drug Diversion Investigators, or a successor or similar entity. The system must collect this data in real time and generate a stop sale alert if the sale would result in a violation of subsection (B) or a federal quantity restriction, which must be assessed on the basis of sales or purchases made in any state to the extent that information is available in the data collection system. If the retailer receives a stop sale alert, the retailer must not complete the sale unless the retailer, upon notifying the purchaser the sale cannot be completed, reasonably fears bodily harm if he denies the sale due to the stop sale alert. A product regulated by this section may not be sold without being reported to the data collection system unless the system is experiencing temporary technical difficulties that prevent a retailer from reporting the information to the system, and in that case, the retailer shall enter the necessary information in a written log, which must subsequently be entered into the electronic log within three business days of each business day that the electronic log was not operational. A retailer using a written log under these circumstances is immune from liability during the time the system is temporarily disabled.  (3) Any information entered in the electronic log that is retained by a retailer, or information maintained by a retailer pursuant to subsection (J)(2), is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act. A retailer or an employee or agent of a retailer who in good faith releases information in a log to federal, state, or local law enforcement authorities is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or wilful misrepresentation.  (E) Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.  (F) It is unlawful for a person to enter false statements or misrepresentations on the log required pursuant to subsection (D)(1).  (G) This section preempts all local ordinances or regulations governing the retail sale or purchase of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine except such local ordinances or regulations that existed on or before December 31, 2004.  (H)(1) Except as otherwise provided in this section, it is unlawful for a retailer knowingly to violate subsection (A), (B)(1), (C), (D)(1), or (D)(2), and it is unlawful for a person knowingly to violate subsection (B)(2), (E), or (F).  (2) A retailer convicted of a violation of subsection (A) or (B)(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars and, upon conviction for a second or subsequent offense, must be fined not more than ten thousand dollars.  (3) A retailer convicted of a violation of subsection (C) is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned not more than one year or fined not more than one thousand dollars, or both and, upon conviction for a second or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.  (4) A retailer convicted of a violation of subsection (D)(1), (D)(2), or (J)(2) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars and not less than five hundred dollars. Upon conviction for a second offense, a retailer must be fined not more than five thousand dollars and not less than one thousand dollars. Upon conviction for a third or subsequent offense, a person must be fined not more than ten thousand dollars and not less than five thousand dollars.  (5) A person convicted of a violation of subsection (B)(2) or (E) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars.  (6) A person convicted of a violation of subsection (F), upon conviction for a first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars and, upon conviction for a second or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars.  (7) It is an affirmative defense to a violation of subsection (A), (C), or (D)(1) if a retailer provided the training, maintained records, and obtained employee and agent statements of agreement required by subsection (I) for all employees and agents at the retail location where the violation occurred and at the time the violation occurred.  (8) It is an affirmative defense to completing a sale following receipt of a stop sale alert received pursuant to subsection (D)(2) if the retailer, upon notifying the purchaser the sale cannot be completed, reasonably fears bodily harm if he denies the sale due to the stop sale alert.  (I) A retailer shall provide training on the requirements of this section to all agents and employees who are responsible for delivering the products regulated by this section into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products. A retailer shall obtain a signed, written agreement from each employee or agent that the employee or agent agrees to comply with the requirements of this section. The retailer shall maintain records demonstrating that these employees and agents have been provided this training and the documents executed by the retailer's employees and agents agreeing to comply with this section.  (J)(1) The following are exempt from the electronic log requirements of this section but shall maintain a written log containing the information required to be entered in the electronic log, as provided for in subsection (D)(1):  (a) a retailer that only sells single dose packages of nonprescription ephedrine, pseudoephedrine, or phenylpropanolamine;  (b) a pharmacy that does not have a compatible point of sale system.  (2) A retailer who maintains a written log pursuant to this subsection shall retain the written log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer.  (3) A retailer who violates the requirements of maintaining a written log as provided for in subsection (J)(2) is subject to the penalties provided for in subsection (H)(4).  (K) The sheriff or chief of police shall monitor and determine if retailers, other than licensed pharmacies, are in compliance with the provisions of this section by ensuring that a retailer:  (1) is entering all sales of a product regulated by this section in an electronic log as required by this section;  (2) if not maintaining an electronic log, is exempt as provided for in subsection (J)(1), and is continuing to maintain the written log as provided for in subsection (J);  (3) is not selling products regulated by this section.  (L) This section does not apply to:  (1) pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions;  (2) products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; and  (3) a purchase of a single sales package containing not more than sixty milligrams of pseudoephedrine.  (M) For purposes of this section "retailer" means a retail distributor, including a pharmacy, where ephedrine, pseudoephedrine, or phenylpropanolamine products are available for sale and does not include an employee or agent of a retailer.  HISTORY: 2006 Act No. 275, Section 1, eff 6 months after approval (became law without the Governor's signature on May 4, 2006); 2010 Act No. 242, Section 1, eff July 1, 2010.  Editor's Note  2010 Act No. 242, Section 3, provides as follows:  "Before January 1, 2011, the State Law Enforcement Division (SLED) shall enter into a memorandum of agreement with the National Association of Drug Diversion Investigators (NADDI), or a successor or other entity, to identify the roles and responsibilities of SLED and NADDI, or a successor or other entity, in carrying out the collection of sales and purchase data of ephedrine, pseudoephedrine, or phenylpropanolamine products and the transference of this information to the State Law Enforcement Division as provided for in this act. The memorandum must provide that the data and information in SLED's electronic monitoring system is property of the State and that NADDI will provide SLED with that data and information at least four times a year in a format agreed to by SLED and NADDI and that is consistent with the most recent standards adopted by the American Society for Automation in Pharmacy (ASAP), as well as the most recent standards adopted by the National Information Exchange Model (NIEM)."
 (A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:  (1) fraud, deceit, misrepresentation, or subterfuge;  (2) forgery or alteration of a prescription;  (3) falsification in any manner of any record of sale required by law;  (4) use of a false name or the giving of a false address;  (5) concealment of a material fact; or  (6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.  (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.  A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.  HISTORY: 1962 Code Section 32-1453.2; 1973 (58) 768; 1976 Act No. 679, Section 1; 1993 Act No. 184, Section 73.
 Any penalty imposed for violation of this article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.  HISTORY: 1962 Code Section 32-1510.52; 1971 (57) 800.
 If a violation of this article is a violation of a Federal law or the law of another state, the conviction or acquittal under Federal law or the law of another state for the same act is a bar to prosecution in this State.  HISTORY: 1962 Code Section 32-1510.53; 1971 (57) 800.
 (A) Except as provided in subsection (B), a person who attempts or conspires to commit an offense made unlawful by the provisions of this article, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted; but the fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.  (B) A person who attempts to possess a substance made unlawful by the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.  HISTORY: 1962 Code Section 32-1510.54; 1971 (57) 800; 2005 Act No. 127, Section 7, eff June 7, 2005.
 Any person may appeal from any order of the Department within thirty days after the filing of the order, to the court of common pleas of the county in which the aggrieved party resides or in which his place of business is located. The Department shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.  HISTORY: 1962 Code Section 32-1510.55; 1971 (57) 800.
 Any person eighteen years of age or over who violates Section 44-53-370(a) by distributing a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, or who violates Section 44-53-375(B) by distributing crack cocaine to a person under eighteen years of age is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years or fined not more than thirty thousand dollars, or both, and the sentence may not be suspended and probation may not be granted. Any person eighteen years of age or over who violates Section 44-53-370(a) and (b) by distributing any other controlled substance listed in Schedules I through V to a person under eighteen years of age is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both. Any violation of this section constitutes a separate offense.  HISTORY: 1962 Code Section 32-1510.56; 1971 (57) 800; 1974 (58) 2284; 1987 Act No. 128, Section 3.  Code Commissioner's Note  At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.  (B) For a person to be convicted of an offense pursuant to subsection (A), the person must:  (1) have knowledge that he is in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university; and  (2) actually distribute, sell, purchase, manufacture, or unlawfully possess with intent to distribute, the controlled substance within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.  (C) A person must not be convicted of an offense pursuant to subsection (A) if the person is stopped by a law enforcement officer for the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university, but did not actually commit the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.  (D)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.  (2) When a violation involves only the purchase of a controlled substance, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.  (E) For the purpose of creating inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section.  HISTORY: 1984 Act No. 504, Section 2; 1987 Act No. 128, Section 4; 1990 Act No. 579, Section 2; 1993 Act No. 184, Section 76; 1995 Act No. 83, Section 55; 2010 Act No. 273, Section 39, eff June 2, 2010.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A) Whenever any person who has not previously been convicted of any offense under this article or any offense under any state or federal statute relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under Section 44-53-370(c) and (d), or Section 44-53-375(A), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported facility or a facility approved by the commission, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record shall be forwarded to and retained by the Department of Narcotic and Dangerous Drugs under the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this article. Discharge and dismissal under this section may occur only once with respect to any person.  (B) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (A), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (A)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.  (C) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee of three hundred fifty dollars if the person is in a general sessions court and one hundred fifty dollars if the person is in a summary court. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.  HISTORY: 1962 Code Section 32-1510.57; 1971 (57) 800; 1974 (58) 2284; 2009 Act No. 36, Section 7, eff June 2, 2009; 2010 Act No. 273, Section 40, eff June 2, 2010.
 Any person who enters a plea of guilty to or is found guilty of a violation of Section 44-53-370(a) or (c) may move for and the court shall grant a further hearing at which evidence may be presented by the person, and by the prosecution if it so desires, relating to the nature of the act on the basis of which the person has been convicted. If the convicted person establishes by clear and convincing evidence that he delivered or possessed with intent to deliver a controlled substance, except a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, only as an accommodation to another individual and not with intent to profit thereby nor to induce the recipient or intended recipient of the controlled or counterfeit substance to use or become addicted to or dependent upon the substance, the court shall sentence the person as if he had been convicted of a violation of Section 44-53-370(c).  HISTORY: 1962 Code Section 32-1510.58; 1971 (57) 800; 1974 (58) 2284.  Code Commissioner's Note  At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, Section 2.
 (A) An offense is considered a second or subsequent offense if:  (1) for an offense involving marijuana pursuant to the provisions of this article, the offender has been convicted within the previous five years of a first violation of a marijuana possession provision of this article or of another state or federal statute relating to marijuana possession;  (2) for an offense involving marijuana pursuant to the provisions of this article, the offender has at any time been convicted of a first, second, or subsequent violation of a marijuana offense provision of this article or of another state or federal statute relating to marijuana offenses, except a first violation of a marijuana possession provision of this article or of another state or federal statute relating to marijuana offenses;  (3) for an offense involving a controlled substance other than marijuana pursuant to this article, the offender has been convicted within the previous ten years of a first violation of a controlled substance offense provision, other than a marijuana offense provision, of this article or of another state or federal statute relating to narcotic drugs, depressants, stimulants, or hallucinogenic drugs; and  (4) for an offense involving a controlled substance other than marijuana pursuant to this article, the offender has at any time been convicted of a second or subsequent violation of a controlled substance offense provision, other than a marijuana offense provision, of this article or of another state or federal statute relating to narcotic drugs, depressants, stimulants, or hallucinogenic drugs.  (B) In addition to the above provisions, a conviction of trafficking in marijuana or trafficking in any other controlled substance in violation of this article or of another state or federal statute relating to trafficking in controlled substances must be considered a prior offense for purposes of any prosecution pursuant to this article.  (C) If a person is sentenced to confinement as the result of a conviction pursuant to this article, the time period specified in this section begins on the date of the conviction or on the date the person is released from confinement imposed for the conviction, whichever is later. For purposes of this section, confinement includes incarceration and supervised release, including, but not limited to, probation, parole, house arrest, community supervision, work release, and supervised furlough.  HISTORY: 1962 Code Section 32-1510.59; 1971 (57) 800; 2005 Act No. 127, Section 6, eff June 7, 2005; 2010 Act No. 273, Section 41, eff June 2, 2010; 2016 Act No. 154 (H.3545), Section 10, eff April 21, 2016.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 (A)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of, or is derived directly or indirectly from the proceeds of unlawful activity relating to narcotic drugs or controlled substances, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds:  (a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or controlled substances; or  (b) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, sources, ownership, or control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of not more than five hundred thousand dollars or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty years, or both.  (2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in South Carolina to or through a place outside the United States or to a place in South Carolina from or through a place outside the United States:  (a) with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or  (b) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of the unlawful activity and knowing that the transportation is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or by imprisonment for not more than twenty years, or both.  (3) Whoever, with the intent:  (a) to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or  (b) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of the unlawful activity, conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of the unlawful activity, or property used to conduct or facilitate the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the property involved, whichever is greater, or by imprisonment for not more than twenty years, or both. For purposes of this subitem, the term "represented" means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state official authorized to investigate or prosecute violations of this section.  (B) Whoever conducts or attempts to conduct a transaction described in subsection (A)(1), or transportation described in subsection (A)(2), is liable to the State for a civil penalty of not more than the greater of:  (1) the value of the property, funds, or monetary instruments involved in the transaction; or  (2) ten thousand dollars.  (C) As used in this section:  (1) the term "conducts" includes initiating, concluding, or participating in initiating or concluding a transaction;  (2) the term "transaction" includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition and, with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;  (3) the term "financial transaction" means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments;  (4) the term "monetary instruments" means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in that form that title to it passes upon delivery, and negotiable instruments in bearer form or otherwise in that form that title to it passes upon delivery;  (5) the term "financial institution" has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.  (D) Nothing in this section supersedes any provision of law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.  HISTORY: 1990 Act No. 604, Section 10.
 (a) The South Carolina Law Enforcement Division shall establish within its Division a Department of Narcotics and Dangerous Drugs, which shall be administered by a director and shall be primarily responsible for the enforcement of all laws pertaining to illicit traffic in controlled and counterfeit substances. The Department of Narcotics and Dangerous Drugs, in discharging its responsibilities concerning illicit traffic in narcotics and dangerous substances and in suppressing the abuse of controlled substances, shall enforce the State plan formulated in cooperation with the Narcotics and Controlled Substance Section as such plan relates to illicit traffic in controlled and counterfeit substances.  As part of its duties the Department of Narcotics and Dangerous Drugs shall:  (1) Assist the Commission on Alcohol and Drug Abuse in the exchange of information between itself and governmental and local law-enforcement officials concerning illicit traffic in and use and abuse of controlled substances.  (2) Assist the commission in planning and coordinating training programs on law enforcement for controlled substances at the local and state level.  (3) Establish a centralized unit which shall accept, catalogue, file and collect statistics and make such information available for federal, state and local law enforcement purposes.  (4) Have the authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses.  (b) The Department of Health and Environmental Control shall be primarily responsible for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, health care facilities and other practitioners as well as in the possession of any individuals or institutions authorized to have possession of such substances and shall also be primarily responsible for such other duties in respect to controlled substances as shall be specifically delegated to the Department of Health and Environmental Control by the General Assembly. Drug inspectors and special agents of the Department of Health and Environmental Control as provided for in Section 44-53-490, while in the performance of their duties as prescribed herein, shall have:  (1) statewide police powers;  (2) authority to carry firearms;  (3) authority to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses;  (4) authority to make investigations to determine whether there has been unlawful dispensing of controlled substances or the removal of such substances from regulated establishments or practitioners into illicit traffic;  (5) authority to seize property; and  (6) authority to make arrests without warrants for offenses committed in their presence.  HISTORY: 1962 Code Section 32-1510.60; 1971 (57) 800; 1972 (57) 2396; 1974 (58) 2228; 1985 Act No. 143, Section 1; 1986 Act No. 404, Section 1; 2018 Act No. 216 (H.4487), Section 4, eff May 18, 2018.  Effect of Amendment  2018 Act No. 216, Section 4, deleted (c), eliminating the enforcement of drug laws as a function of the Department of Health and Environmental Control, and made nonsubstantive changes throughout.
 (A) Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division.  (B) The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division.  (C) The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court.  (D) When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or videotapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure.  (E) In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case.  HISTORY: 1992 Act No. 387, Section 2.
 The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such inspectors shall, from time to time, but no less than once every three years, inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the Department and a copy to the Commission on Alcohol and Drug Abuse specifying the name of the practitioner or the registrant or such exempt persons inspected, the date of inspection and any other violations of this article.  The Department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the Department by this article.  HISTORY: 1962 Code Section 32-1510.61; 1971 (57) 800; 1974 (58) 2228.
 (A) Except as otherwise provided in this section, a person may use, sell, manufacture, or distribute for use or sale in this State no cleaning agent that contains more than zero percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding five-tenths of one percent. For the purposes of this section, "cleaning agent" means a household or commercial laundry detergent, dishwashing compound, household cleaner, household or commercial dishwashing detergent, metal cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes.  (B) A person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than zero percent phosphorus by weight but does not exceed eight and seven-tenths percent phosphorus by weight that is a substance excluded from the zero percent phosphorus limitation of this section by regulations adopted by the Department of Health and Environmental Control which are based on a finding that compliance with this section would:  (1) create a significant hardship on the user; or  (2) be unreasonable because of the lack of an adequate substitute cleaning agent.  (C) This section does not apply to a cleaning agent that is:  (1) used in dairy, beverage, or food processing equipment;  (2) used in hospitals, veterinary hospitals, clinics, or health care facilities or in agricultural or dairy production or in the manufacture of health care supplies;  (3) used by industry for metal, fabric, or fiber cleaning or conditioning;  (4) manufactured, stored, or distributed for use or sale outside of this State;  (5) used in a laboratory, including a biological laboratory, research facility, chemical laboratory, or engineering laboratory; or  (6) used as a water softening chemical, antiscale chemical, or corrosion inhibitor intended for use in closed systems such as boilers, air conditioners, cooling towers, or hot water heating systems.  (D) The Department of Health and Environmental Control shall promulgate regulations to administer and enforce the provisions of this section. A cleaning agent held for sale or distribution in violation of this section may be seized by appropriate administrative or law enforcement personnel. The seized cleaning agents are considered forfeited.  (E) A person who knowingly sells, manufactures, or distributes any cleaning agent in violation of the provisions of this section shall receive a written warning from the Department of Health and Environmental Control for the first violation. For a subsequent violation, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year. Each unlawful sale constitutes a separate violation.  (F) The provisions of this section may not restrict sale by a retailer of a household dishwashing detergent product from inventory existing and in stock at the retailer on July 1, 2012.  HISTORY: 1991 Act No. 108, Section 1; 1993 Act No. 63, Section 1; 2012 Act No. 120, Section 1, (subject to multiple effective dates, see editor's note).  Editor's Note  2012 Act No. 120, Section 2, provides as follows:  "The provisions of this act relating to household dishwashing detergent take effect July 1, 2012. The provisions of this act relating to commercial dishwashing and laundry detergent and industrial cleaners take effect on July 1, 2013. All other provisions of this act take effect July 1, 2014."
 (a) Issuance and execution of administrative inspection warrants shall be as follows:  (1) Any judge or magistrate of a court having jurisdiction where the inspection or seizure is to be conducted, may, upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this article or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this section, "probable cause" means a valid public interest in the effective enforcement of this article or regulations sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;  (2) A warrant shall issue only upon an affidavit of an officer or employee duly designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized by Section 44-53-480(b) to execute it. The warrant shall state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate to whom it shall be returned;  (3) A warrant issued pursuant to this section must be executed and returned within ten days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person executing the warrant. The clerk of the court, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant; and  (4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall cause them to be filed with the court which issued such warrant.  (b) The Department of Health and Environmental Control is authorized to make administrative inspections of controlled premises in accordance with the following provisions:  (1) For the purposes of this article only, "controlled premises" means:  (a) Places where persons registered or exempted from registration requirements under this article are required to keep records, and  (b) Places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this article are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.  (2) When so authorized by an administrative inspection warrant issued pursuant to this section an officer or employee designated by the Commission on Alcohol and Drug Abuse upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.  (3) When so authorized by an administrative inspection warrant, an officer or employee designated by the Department may:  (a) Inspect and copy records required by this article to be kept;  (b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein including records, files, papers, processes, controls, and facilities bearing on violation of this article; and  (c) Inventory any stock of any controlled substance therein and obtain samples of any such substance.  (4) This section shall not be construed to prevent entries and administrative inspections (including seizures of property) without a warrant:  (a) With the consent of the owner, operator or agent in charge of the controlled premises;  (b) In situations presenting imminent danger to health or safety;  (c) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;  (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and  (e) In all other situations where a warrant is not constitutionally required.  (5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to:  (a) Financial data;  (b) Sales data other than shipment data;  (c) Pricing data;  (d) Personnel data; or  (e) Research data.  HISTORY: 1962 Code Section 32-1510.62; 1971 (57) 800.
 (a) The following are subject to forfeiture:  (1) all controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this article;  (2) all raw materials, products, and equipment of any kind which are used, or which have been positioned for use, in manufacturing, producing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this article;  (3) all property which is used, or which has been positioned for use, as a container for property described in items (1) or (2);  (4) All property, both real and personal, which in any manner is knowingly used to facilitate production, manufacturing, distribution, sale, importation, exportation, or trafficking in various controlled substances as defined in this article;  (5) all books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or which have been positioned for use, in violation of this article;  (6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e) or fifteen tablets, capsules, dosage units, or the equivalent quantity of 3, 4-methylenedioxymethamphetamine (MDMA);  (7) all property including, but not limited to, monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, and all proceeds including, but not limited to, monies, and real and personal property traceable to any exchange;  (8) all monies seized in close proximity to forfeitable controlled substances, drug manufacturing, or distributing paraphernalia, or in close proximity to forfeitable records of the importation, manufacturing, or distribution of controlled substances and all monies seized at the time of arrest or search involving violation of this article. If the person from whom the monies were taken can establish to the satisfaction of a court of competent jurisdiction that the monies seized are not products of illegal acts, the monies must be returned pursuant to court order.  (b) Any property subject to forfeiture under this article may be seized by the department having authority upon warrant issued by any court having jurisdiction over the property. Seizure without process may be made if:  (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;  (2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon this article;  (3) the department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or  (4) the department has probable cause to believe that the property was used or is intended to be used in violation of this article.  (c) In the event of seizure pursuant to subsection (b), proceedings under Section 44-53-530 regarding forfeiture and disposition must be instituted within a reasonable time.  (d) Any property taken or detained under this section is not subject to replevin but is considered to be in the custody of the department making the seizure subject only to the orders of the court having jurisdiction over the forfeiture proceedings. Property described in Section 44-53-520(a) is forfeited and transferred to the government at the moment of illegal use. Seizure and forfeiture proceedings confirm the transfer.  (e) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and must be seized and summarily forfeited to the State. Controlled substances listed in Schedule I, which are seized or come into the possession of the State, the owners of which are unknown, are contraband and must be summarily forfeited to the State.  (f) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.  (g) The failure, upon demand by the department having authority to make the demand, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.  (h) For the purposes of this section, whenever the seizure of any property subject to seizure is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.  (i) Law enforcement agencies seizing property under this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Any monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidential nature and provides for security in another manner.  (j) When property and monies of any value as defined in this section or anything else of any value is seized, the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecution agency.  (1) The report shall provide the following information with respect to the property seized:  (a) description;  (b) circumstances of seizure;  (c) present custodian and where the property is being stored or its location;  (d) name of owner;  (e) name of lienholder, if any;  (f) seizing agency; and  (g) the type and quantity of the controlled substance involved.  (2) If the property is a conveyance, the report shall include the:  (a) make, model, serial number, and year of the conveyance;  (b) person in whose name the conveyance is registered; and  (c) name of any lienholders.  (3) In addition to the report provided for in items (1) and (2), the law enforcement agency shall prepare for dissemination to the public upon request a report providing the following information:  (a) a description of the quantity and nature of the property and money seized;  (b) the seizing agency;  (c) the type and quantity of the controlled substance involved;  (d) the make, model, and year of a conveyance; and  (e) the law enforcement agency responsible for the property or conveyance seized.  (k) Property or conveyances seized by a law enforcement agency or department must not be used by officers for personal purposes.  HISTORY: 1962 Code Section 32-1510.64; 1971 (57) 800; 1980 Act No. 372, Section 6; 1984 Act No. 482, Section 3; 1986 Act No. 404, Section 2; 1986 Act No. 540, Part II, Section 40; 1990 Act No. 604, Sections 1, 11; 1992 Act No. 333, Sections 1, 2; 2002 Act No. 267, Section 4, eff May 20, 2002.
 (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.  The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.  If there is a dispute as to the allocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.  All property, conveyances, and equipment not reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Department of Administration.  If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a South Carolina Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of nonservice before attempting service by publication.  (b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited.  (c) If the property is seized by a local law enforcement agency and is not transferred by the court to the agency, the judge shall order it sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of the law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds from the sale must be disposed of as provided by this section.  (d) Any forfeiture may be effected by consent order approved by the court without filing or serving pleadings or notices provided that all owners and other persons with interests in the property, including participating law enforcement agencies, entitled to notice under this section, except lienholders and agencies, consent to the forfeiture. Disposition of the property may be accomplished by consent of the petitioner and those agencies involved. Persons entitled to notice under this section may consent to some issues and have the judge determine the remaining issues.  All proceeds of property and cash forfeited by consent order must be disposed of as provided in subsection (e) of this section.  (e) All real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:  (1) seventy-five percent to the law enforcement agency or agencies;  (2) twenty percent to the prosecuting agency; and  (3) five percent must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.  (f) The first one thousand dollars of any cash seized and forfeited pursuant to this article remains with and is the property of the law enforcement agency which effected the seizure unless otherwise agreed to by the law enforcement agency and prosecuting agency.  (g) All forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities, or for drug or other law enforcement training or education. For prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.  These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.  In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.  All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4, Title 30, the Freedom of Information Act.  (h) The use of all property forfeited pursuant to Section 44-53-520 and retained by the law enforcement agency must be documented and the documentation available upon request by a person subject to the provisions of Chapter 4 of Title 30.  (i) An expenditure from these accounts must be made in accordance with the established procurement procedures of the jurisdiction where the account is established.  (j) A law enforcement agency may draw from the account an amount necessary to maintain a confidential financial account to be used in the purchase of information or evidence relating to an investigation, to purchase services, or to provide compensation in matters which are confidential and in support of law enforcement activity. The disbursement of funds from the confidential financial account must be made in accordance with procedures approved by the South Carolina Law Enforcement Division (division). All records of disbursement must be maintained and made available for audit purposes as provided in this section.  All expenditures from these accounts must be fully documented and audited annually with the general fund of the appropriate jurisdiction.  (k) In all cases where the criminal offense giving rise to the forfeiture of property described in Section 44-53-520 is prosecuted in a state court, the forfeiture proceeding must be accomplished in the court of common pleas for the jurisdiction where the items were seized.  HISTORY: 1962 Code Section 32-1510.64:1; 1973 (58) 429; 1979 Act No. 185 Section 1; 1980 Act No. 462, Section 1; 1984 Act No. 482, Section 4; 1986 Act No. 404, Section 3; 1990 Act No. 604, Section 2; 1992 Act No. 333, Section 3; 1995 Act No. 145, Part II, Section 45; 2006 Act No. 345, Section 5, eff June 12, 2006; 2009 Act No. 62, Section 1, eff upon approval (became law without the Governor's signature on June 3, 2009); 2014 Act No. 121 (S.22), Pt V, Section 7.CC, eff July 1, 2015.
 (a) It shall not be necessary for the State to negate any exemption or exception set forth in this article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this article, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.  (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.  HISTORY: 1962 Code Section 32-1510.65; 1971 (57) 800; 1974 (58) 2284.
 Prosecution occurring prior to June 17, 1971 is not affected or abated by this article. However, if the offense being prosecuted is similar to one set forth in Sections 44-53-370 to 44-53-470, then the penalties under Sections 44-53-370 to 44-53-470 shall apply if they are less than under prior law.  Offenses occurring prior to June 17, 1971 may be prosecuted under the statute then in force, but shall be subject to penalty limitations in this section.  HISTORY: 1962 Code Section 32-1510.66; 1971 (57) 800; 1974 (58) 2228.
 HISTORY: Former Section, titled Transfer of agents from Department of Health and Environmental Control, had the following history: 1962 Code Section 32-1510.67; 1971 (57) 800. Repealed by 2018 Act No. 216, Section 5, eff May 18, 2018.
 A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the magistrate or judge of any court of record of the State having jurisdiction over the area where the property sought is located is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.  HISTORY: 1962 Code Section 32-1510.68; 1971 (57) 800.
 (A) It is unlawful for any person at least seventeen years of age to knowingly and intentionally:  (1) use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B);  (2) receive a controlled substance from a person under seventeen years of age in violation of this chapter; or  (3) conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Section 44-53-370 or 44-53-375(B).  (B) Any person who violates subsection (A)(1), (A)(2), or (A)(3) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. A violation of this section constitutes a separate offense.  HISTORY: 1990 Act No. 604, Section 12.  Editor's Note  Section 44-53-160(B) authorizes the Department of Health and Environmental Control to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at http://www.scdhec.gov/Health/FHPF/DrugControlRegisterVerify/ControlledSubstanceSchedule/
 All monies used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation must be returned to the state or local agency or unit of government furnishing the monies upon a determination by the court that the monies were used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation. The court may order a defendant to return the monies to the state or local agency or unit of government at the time of sentencing.  HISTORY: 1984 Act No. 482, Section 6; 1986 Act No. 404, Section 5; 2010 Act No. 273, Section 42, eff June 2, 2010.
 (a) Any innocent owner or any manager or owner of a licensed rental agency or any common carrier or carrier of goods for hire may apply to the court of common pleas for the return of any item seized under the provisions of Section 44-53-520. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice under Section 44-53-530. If the judge denies the application, the hearing may proceed as a forfeiture hearing held pursuant to Section 44-53-530.  (b) The court may return any seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:  (1) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  (2) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that any agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.  (c) The lien of any innocent person or other legal entity, recorded in public records, shall continue in force upon transfer of title of any forfeited item, and any transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.  HISTORY: 1984 Act No. 482, Section 8; 1986 Act No. 404, Section 7.
 Any person who uses property or a conveyance in a manner which would make the property or conveyance subject to forfeiture as provided for in Sections 44-53-520 or 44-53-530, except for innocent owners, rental agencies, lienholders, and the like as provided for in this article, is guilty of a misdemeanor and upon conviction must be imprisoned for not less than thirty days nor more than one year or fined not more than five thousand dollars, or both, in the discretion of the court. The penalties prescribed in this section are cumulative and must be construed to be in addition to any other penalty prescribed by any other provision of this article relating to controlled substances or harmful or illegal drugs.  HISTORY: 1984 Act No. 482, Section 10.
 This article may be cited as the "South Carolina Controlled Substances Therapeutic Research Act of 1980".  HISTORY: 1980 Act No. 323, Section 1.
 As used in this article unless the context clearly indicates otherwise:  (a) "Director" means the Director of the Department of Health and Environmental Control;  (b) "Marijuana" means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol;  (c) "Practitioner" means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the 1976 Code.  HISTORY: 1980 Act No. 323, Section 3; 1993 Act No. 181, Section 1110.
 (A) There is established in the Department of Health and Environmental Control a controlled substances therapeutic research program. The program shall be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health.  (B) Except as provided in subsection (c) of Section 44-53-640, the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects.  HISTORY: 1980 Act No. 323, Section 4; 1993 Act No. 181, Section 1111.
 (a) The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be comprised of:  (1) a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology;  (2) a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology;  (3) a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and  (4) a pharmacologist holding a Doctoral degree or its equivalent.  Members of the board shall be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.  (b) The department shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners and certify their participation in the program.  (c) The department, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department and after necessary approval is received by the appropriate federal agencies.  HISTORY: 1980 Act No. 323, Section 5; 1993 Act No. 181, Section 1112.
 (a) The director shall obtain marijuana through whatever means he deems most appropriate consistent with federal law.  (b) The director shall cause such analyzed marijuana to be transferred to various locations throughout the State that provide adequate security as set forth in federal and state regulations for the purpose of distributing such marijuana to the certified patient in such manner as is consistent with federal law. The patient shall not be required to pay for such marijuana but the director may charge for ancillary medical services provided by the department to compensate the department for the cost, if any, of securing such marijuana, and providing it to the patient.  HISTORY: 1980 Act No. 323, Section 6; 1993 Act No. 181, Section 1113.
 The director shall annually report to the General Assembly his opinion as to the effectiveness of this program and his recommendations for any changes thereto.  HISTORY: 1980 Act No. 323, Section 7; 1993 Act No. 181, Section 1114.
 The South Carolina Department of Health and Environmental Control has exclusive control over the controlled substance methadone.  HISTORY: 1962 Code Section 32-1510.81; 1972 (57) 2642; 1980 Act No. 439, Section 1; 1993 Act No. 181, Section 1115; 2000 Act No. 355, Section 11.
 Methadone and its salts are restricted to:  (1) use in treatment, maintenance, or detoxification programs as approved by the Department of Health and Environmental Control.  (2) dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control.  (3) dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5.  HISTORY: 1976 Code Section 44-53-730; 1962 Code Section 32-1510.83; 1972 (57) 2642; 1980 Act No. 439, Section 1; 2000 Act No. 355, Section 12.
 No supplier, distributor, or manufacturer may sell or distribute methadone or its salts to an entity for use, except as provided for in Section 44-53-720.  HISTORY: 1976 Code Section 44-53-740; 1962 Code Section 32-1510.84; 1972 (57) 2642; 1980 Act No. 439, Section 1; 2000 Act No. 355, Section 13.
 The Board of the Department of Health and Environmental Control shall promulgate regulations necessary to carry out the provisions of this article.  HISTORY: 1976 Code Section 44-53-750; 1962 Code Section 32-1510.85; 1972 (57) 2642; 1980 Act No. 439, Section 1; 1993 Act No. 181, Section 1116; 2000 Act No. 355, Section 14.
 An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.  HISTORY: 1976 Code Section 44-53-760; 1962 Code Section 32-1510.86; 1972 (57) 2642; 1980 Act No. 439, Section 1.
 Parental consent shall be obtained for all persons under eighteen years of age prior to admission to a methadone maintenance program; provided, that if any court of competent jurisdiction declares a person under eighteen years of age an emancipated minor, then such person may be admitted to the program without parental consent.  HISTORY: 1976 Code Section 44-53-770; 1962 Code Section 32-1510.87; 1972 (57) 2642; 1980 Act No. 439, Section 1.
 The General Assembly finds:  (1) that the future of this State rests in the hands of school children;  (2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a secure and healthy future for these children.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 There is established the Drug Awareness Resistance Education (DARE) Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage the Drug Awareness and Resistance Education Program in this State. The trust fund supplements and augments services provided by government agencies and does not take the place of these services.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 (A) The DARE Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:  (1) the Attorney General, ex officio, or his designee;  (2) two county sheriffs, who shall serve ex officio;  (3) two police chiefs;  (4) two local law enforcement officers assigned to the DARE Program; and  (5) two school principals.  Directors who are not elected officials serve by virtue of their position at the time of appointment.  (B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 In administering this article, the board is authorized, but not limited to:  (1) develop and implement educational programs and campaigns in support of the DARE Program in South Carolina;  (2) make policy recommendations for the DARE Program in South Carolina;  (3) assess the needs of DARE Programs;  (4) determine how the monies in the fund are to be disbursed;  (5) acquire and hold property;  (6) invest trust monies, including pooled investment funds maintained by the State;  (7) utilize local resources including volunteers when appropriate.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue pursuant to Section 12-6-5080.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to:  (1) administration of this article including, but not limited to, personnel and board expenses;  (2) development and promotion of the DARE Program in this State;  (3) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may be used only in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess fund earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 The fund board annually by February first shall submit a report to the General Assembly concerning its expenditures of fund monies and activities.  HISTORY: 1997 Act No. 155, Part II, Section 64B.
 Sales at retail of hypodermic needles or syringes shall be made only by a registered pharmacist or registered assistant pharmacist through a permitted pharmacy as authorized by Section 40-43-370, except that syringes and hypodermic needles may be sold by persons lawfully selling veterinary medicines as authorized by item (8) of Section 40-69-220 if they register annually with the Department of Health and Environmental Control and pay such registration fee as may be required by the Department and they shall be subject to the provisions of Section 44-53-920.  HISTORY: 1975 (59) 188; 1980 Act No. 383, Section 1.
 Nothing in this article applies to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics.  HISTORY: 1975 (59) 188; 2000 Act No. 239, Section 1; 2002 Act No. 365, Section 4, eff September 26, 2002.
 Any person who sells or purchases at retail any hypodermic needles or syringes, except in accordance with the terms of this article, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than sixty days.  HISTORY: 1962 Code Section 32-1510.123; 1974 (58) 2399.
 This chapter may be cited as the "Drug Dealer Liability Act".  HISTORY: 1999 Act No. 62, Section 1.
 (A) Proof of liability in an action brought pursuant to this chapter shall be by a preponderance of the evidence.  (B)(1) A person against whom recovery is sought who has been convicted of the distribution of an illegal controlled dangerous substance under state law or under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Section 801, et seq., is precluded from denying participation in the marketing of an illegal controlled dangerous substance. Except as provided in paragraph (2) of this subsection, the provisions of this subsection shall not affect a person's burden of proving the elements required by the South Carolina Rules of Civil Procedure and applicable precedent setting case law.  (2) A conviction specified in paragraph (1) of this subsection shall also be prima facie evidence of the defendant's participation in the marketing of an illegal controlled substance used by the individual user, where the conviction was based upon the person's marketing of that same type of illegal controlled substance.  (C) The absence of a criminal conviction of a person pursuant to paragraph B(1) of this section against whom recovery is sought does not bar an action against that person in an action pursuant to any applicable rules of the South Carolina Rules of Civil Procedure.  HISTORY: 1999 Act No. 62, Section 1.
 (A) It is a defense to any action brought pursuant to this chapter that the person who possessed with the intent to distribute or distributed an illegal controlled substance did so under the authority of law as a licensed physician or practitioner, as an ultimate user of the illegal controlled substance pursuant to a lawful prescription, or as a person otherwise authorized by law.  (B) A law enforcement officer or agency, the State, or any person acting at the direction of a law enforcement officer or agency of the State is not liable for participating in the marketing of an illegal controlled substance, if the participation is in furtherance of an official investigation.  HISTORY: 1999 Act No. 62, Section 1.
 A person authorized to file an action under this chapter may seek a seizure or injunction or other remedial action pursuant to the provisions of the South Carolina Rules of Civil Procedure, Rules 64 and 65, respectively, against all assets of a defendant sufficient to satisfy a potential award, except an asset named in or seized pursuant to a forfeiture action by the State or federal agency before a plaintiff commences an action pursuant to this chapter, unless the asset is released by the agency that seized it.  HISTORY: 1999 Act No. 62, Section 1.
 (A) Except as otherwise provided in this subsection, a cause of action prescribes in one year after a defendant furnishes the illegal controlled substance or a cause of action accrues under this chapter when a person who may recover has reason to know of the harm from the use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm.  (B) Prescription against a defendant is suspended until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law.  HISTORY: 1999 Act No. 62, Section 1.
 On motion by a governmental entity involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this chapter shall be continued until the completion of the criminal investigation or prosecution that gave rise to the motion for a continuance of the action.  HISTORY: 1999 Act No. 62, Section 1.  
 The purpose of this chapter is to provide a civil remedy for damages to persons in a community injured by an individual's use of illegal Controlled I substances. It establishes a cause of action against drug dealers for damages for monetary, noneconomic, and physical losses incurred as a result of an individual's use of an illegal controlled substance. This chapter will shift the cost of the damage caused by the marketing of illegal drugs to those who illegally profit from that market, as well as deter others from entering the illegal drug market by subjecting them to substantial monetary loss. This chapter will also provide an incentive for individual users to identify illegal drug marketers and recover from them the costs of their own drug treatment.  HISTORY: 1999 Act No. 62, Section 1.
 As used in this chapter, unless the context requires otherwise:  (1) "Illegal controlled substance" means a controlled substance as defined and covered by Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, Section 44-53-10, et seq.  (2) "Individual user" means the individual whose use of an illegal controlled substance that is not obtained directly from or pursuant to a valid prescription or order of a licensed physician or practitioner is the basis of an action brought under this chapter.  (3) "Level one offense" means the illegal possession with intent to distribute less than four ounces or the illegal distribution of less than one ounce of an illegal controlled substance.  (4) "Level two offense" means the illegal possession with intent to distribute four ounces or more but less than eight ounces, or the illegal distribution of one ounce or more, but less than two ounces, of an illegal controlled substance.  (5) "Level three offense" means the illegal possession with intent to distribute eight ounces or more but less than sixteen ounces, or the illegal distribution of two ounces or more, but less than four ounces, of an illegal controlled substance.  (6) "Level four offense" means the illegal possession with intent to distribute sixteen ounces or more, or the illegal distribution of four ounces or more, of an illegal controlled substance.  (7) "Marketing of an illegal controlled substance" means the possession with intent to distribute or distribution of a specified illegal controlled substance which is a violation of Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, Section 44-53-10, et seq.  (8) "Participate in the marketing of an illegal controlled substance" means to transport, import into this State, possess with intent to distribute, distribute an illegal controlled substance or offer to transport, import into this State, possess with the intent to distribute, or distribute an illegal controlled substance. "Participate in the marketing of an illegal controlled substance" does not include the purchase or receipt of an illegal controlled substance for personal use only.  (9) "Period of illegal use" means, in relation to the individual user of an illegal controlled substance, the time from the individual's first illegal use of an illegal controlled substance to the accrual of the cause of action.  (10) "Person" means a natural person, governmental entity, or corporation, partnership, firm, trust, or incorporated or unincorporated association, existing under or authorized by the laws of this State, another state, or a foreign country.  (11) "Place of illegal activity" means, in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance.  (12) "Place of participation" means, in relation to a defendant in an action brought under this chapter, each county in which the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances.  (13) "Conviction" means a conviction, guilty plea, or plea of nolo contendere and includes being convicted of a violation of a law of any other state or a city or county ordinance.  (14) "Prior convictions" means felonies and misdemeanors, prior convictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offenses would be felonies if committed by an adult.  HISTORY: 1999 Act No. 62, Section 1.
 (A) Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal controlled substance against those persons enumerated in subsection (B) of this section:  (1) a parent, legal custodian, child, spouse, or sibling of the individual user;  (2) an individual who was exposed to an illegal controlled substance in utero;  (3) an employer of the individual user;  (4) a medical facility, insurer, employer, governmental entity, or other legal entity that funds a drug treatment program or other employee assistance program for or that otherwise expends money on behalf of the individual user; or  (5) a person injured as a result of the wilful, reckless, or negligent actions of an individual user.  (B) A person entitled to bring an action pursuant to subsection (A) of this section may seek damages from one or more of the following:  (1) a person who sold, administered, or furnished an illegal controlled substance to the individual user; or  (2) a person who knowingly participated in the marketing of an illegal controlled substance, if all of the following apply:  (a) The place of illegal activity by the individual user is within the municipality, county, or unincorporated area of the county in which the defendant's place of participation is situated.  (b) The defendant's participation in the marketing of illegal controlled substances was connected with the same type of illegal controlled substance used by the individual user, and the defendant has been convicted of an offense for that type of specified illegal controlled substance, which he committed in the same county as the individual user's place of use.  (c) The defendant participated in the marketing of illegal controlled substances at any time during the period in which the individual user used the illegal controlled substance.  (C) As used in paragraph B(2) of this section, "knowingly participated in the marketing of an illegal controlled substance" means an individual was convicted of possession with the intent to distribute or distribution of an illegal controlled substance in violation of Chapter 53 of Title 44, Poisons, Drugs, and Other Controlled Substances, Section 44-53-10, et seq.  (D) A person entitled to bring an action under this section may recover all of the following damages:  (1) economic damages including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the use of an illegal controlled substance;  (2) noneconomic damages including, but not limited to, physical and emotional pain and suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal controlled substance;  (3) exemplary damages;  (4) reasonable attorney fees; and  (5) costs of suit including, but not limited to, reasonable expenses for expert testimony.  HISTORY: 1999 Act No. 62, Section 1.
 (A) An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met:  (1) not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual's sources of illegal controlled substances;  (2) the individual has not used an illegal controlled substance within thirty days before filing the action; and  (3) the individual does not use an illegal controlled substance during the pendency of the action.  (B) The individual user entitled to bring an action under this section may recover only the following damages:  (1) economic damages including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's use of an illegal controlled substance;  (2) reasonable attorney fees; and  (3) costs of suit including, but not limited to, reasonable expenses for expert testimony.  (C) The individual user entitled to bring an action under this section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.  HISTORY: 1999 Act No. 62, Section 1.
 A cause of action authorized by this chapter shall not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution.  HISTORY: 1999 Act No. 62, Section 1.
 Any person whose participation in the marketing of illegal controlled substances constitutes any of the following levels of offense shall be subject to a rebuttable presumption of responsibility in the following amounts:  (1) for a level one offense, twenty-five percent of the damages;  (2) for a level two offense, fifty percent of the damages;  (3) for a level three offense, seventy-five percent of the damages; or  (4) for a level four offense, one hundred percent of the damages.  HISTORY: 1999 Act No. 62, Section 1.
 (A) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one market for illegal controlled dangerous substances in common and if any portion of the period of use of an illegal controlled dangerous substance is concurrent with the period of use of an illegal controlled dangerous substance for every other plaintiff.  (B) Two or more persons may be joined in one action under this chapter as defendants, if those persons are liable to at least one plaintiff.  (C) A plaintiff need not participate in obtaining and a defendant need not participate in defending against all of the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.  HISTORY: 1999 Act No. 62, Section 1.
 A person subject to liability under this chapter has a right of action for joinder of claims under South Carolina Rules of Civil Procedure, Rule 18, or for joinder of persons needed for just adjudication under South Carolina Rules of Civil Procedure, Rule 19, against another person subject to liability under this chapter. Joinder of persons may be enforced either in the original action or by a separate action brought for that purpose. A person may seek recovery in accordance with this chapter and as otherwise provided by law against a person against whom a defendant has asserted a joinder action.  HISTORY: 1999 Act No. 62, Section 1.
 This article may be cited as the State Safe Drinking Water Act.  HISTORY: 1962 Code Section 32-1201; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 To carry out the provisions and purposes of this article, the department may:  (1) enter into agreements, contracts, or cooperative arrangements, under the terms and conditions as it considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;  (2) receive financial and technical assistance from the federal government and other public or private agencies;  (3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;  (4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.  HISTORY: 1962 Code Section 32-1209; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 Any county in this State may regulate the collection and disposal of garbage in accordance with the provisions of this article. The governing body of each county shall decide whether or not the county shall elect to come under the provisions of this article.  HISTORY: 1962 Code Section 32-1275; 1956 (49) 1837.
 The provisions of this article shall not apply to any incorporated city or town which regulates the collection and disposal of its garbage or to individuals who dispose of their own garbage in a manner satisfactory to the county health department.  HISTORY: 1962 Code Section 32-1276; 1956 (49) 1837.
 It shall be unlawful for any person to collect or dispose of garbage in any county electing to come under the provisions of this article without first obtaining a license from the governing body of the county under such terms and conditions as may be prescribed by the governing body and approved by the county health department.  HISTORY: 1962 Code Section 32-1277; 1956 (49) 1837.
 The governing body of any county electing to come under the provisions of this article may call for bids for the right to collect and dispose of garbage or may issue to one or more persons on such terms as it shall fix the right or franchise to collect and dispose of garbage not inconsistent with the provisions of this article.  HISTORY: 1962 Code Section 32-1278; 1956 (49) 1837.
 The county health department shall exercise such supervision over the equipment used in and the manner of collecting and disposing of garbage as may be necessary to enforce the provisions of this article and may promulgate such Rules and regulations as may be necessary to carry out the provisions of this article.  HISTORY: 1962 Code Section 32-1279; 1956 (49) 1837.
 Any person violating the provisions of this article shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days. A violation of this article shall not be considered as a continuing offense, but each day that this article is violated shall be a separate and distinct offense.  HISTORY: 1962 Code Section 32-1280; 1956 (49) 1837.
 (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee from each public water system. The schedule for the annual fee, established pursuant to this article, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount.  (B) There is established in the treasurer's office an account entitled the Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited into the Drinking Water Trust Fund and must be provided to the department solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.  (C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the Executive Director of the Office of Regulatory Staff and the Commissioner of the Department of Health and Environmental Control, or a designee.  (D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.  (E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the amount of the fee established pursuant to subsection (B).  HISTORY: 1993 Act No. 164, Part II, Section 75A, eff July 1, 1993; 2000 Act No. 322, Section 1; 2006 Act No. 318, Section 229, eff May 24, 2006.
 The governing body of any county may by ordinance or resolution provide that the county shall engage in the collection and disposal of solid waste. Such collection and disposal may be accomplished either by use of county employees and equipment or by contract with private agencies or municipalities of the county. Service charges may be levied against persons for whom collection services are provided whether such services are performed by the county, a municipality or a private agency.  HISTORY: 1962 Code Section 32-1280.1; 1974 (58) 1941.
 The governing body of any county which engages in the collection and disposal of solid waste is authorized to promulgate such rules and regulations as it may deem necessary to carry out the functions authorized by this article. Provided, that no rule or regulation shall become effective until the tenth day after it has been both filed with the county clerk of court and published in a newspaper having general circulation in the county. Provided, further, that the governing body of any county may exercise the eminent domain procedures in Section 28-5-10 for the acquisition of land necessary for landfill purposes in disposing of such solid waste.  HISTORY: 1962 Code Section 32-1280.2; 1974 (58) 1941, 2809.
 Any person violating the provisions of such rules and regulations shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.  HISTORY: 1962 Code Section 32-1280.3; 1974 (58) 1941.
 Section repealed upon contingency. See Editor's notes.  As used in this article:  (1) "Passive soil-based on-site disposal system" means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility.  (2) "Department" means the South Carolina Department of Health and Environmental Control.  HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 1, eff June 1, 2015.  Editor's Note  Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
 Section repealed upon contingency. See Editor's notes.  A passive soil-based on-site disposal system is authorized for use for collecting, treating, discharging, or reclaiming wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, if the systems comply with the requirements of this chapter and with ordinances a county or municipality establishes consistent with this chapter.  HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 2, eff June 1, 2015.  Editor's Note  Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
 Section repealed upon contingency. See Editor's notes.  (A) A passive soil-based on-site disposal system must be installed only by installation technicians who are licensed by the department under Regulation 61-56.1 as an installer and certified by the manufacturer or a representative that has been duly authorized to administer licensed installer certification.  (B) A passive soil-based on-site disposal system must be sized and installed according to these minimum standards:  (1) The storage capacity of the system must be at least that available in a conventional gravel system below the invert. A manufacturer shall provide its product's storage capacity as determined by a recognized third party testing company.  (2) The total trench bottom area of the passive soil-based on-site disposal system, measured as the area bounded by the trench width and length must be at least seventy-five percent of that required for a conventional gravel system. The system must not be less than three hundred square feet, measured as the area bounded by the trench width and length, for soils in all classifications. In addition to the above requirement, the system must provide an unobstructed open bottom area equal to at least one-half the total bottom area of a conventional gravel system. The system must have a projected product width that fills the trench width within two inches. The system also must have a reserve area at least equal to fifty percent of the size of the installed system.  (3) The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection.  (4) The entire absorption area must be shown on a set of "as built" diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product.  (5) Lateral trench runs must be as long as practical within the limits of the approved site so as to minimize the linear loading rate. Wastewater may be distributed to a lateral trench run either by gravity flow or by pump.  HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 3, eff June 1, 2015.  Editor's Note  Section 44-55-1350, as amended by 2015 Act No. 37, Section 4, provides for the repeal of this section when certain regulations become effective.
 The department shall promulgate regulations regarding alternative tile field products to include passive soil-based on-site disposal systems in accordance with the following:  (1) Regulations must conform to the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330. When the department submits the proposed regulations to the General Assembly for approval pursuant to the Administrative Procedures Act, in addition to the information which must be filed pursuant to Section 1-23-120, the department shall include an explanation for each change proposed from the requirements of Sections 44-55-1310, 44-55-1320 and 44-55-1330.  (2) When the regulations promulgated by the department are approved by the General Assembly and become effective by publication in the State Register, the provisions of Sections 44-55-1310, 44-55-1320 and 44-55-1330 are repealed and no longer have the force and effect of law.  HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003; 2015 Act No. 37 (H.3646), Section 4, eff June 1, 2015.
 A violation of a provision of this chapter is punishable in accordance with Sections 44-1-150, 48-1-320, 48-1-330, and 48-1-340, as applicable.  HISTORY: 2003 Act No. 49, Section 1, eff June 6, 2003.
 (A) The governing body of each county of the State is authorized to acquire, construct, improve, enlarge, operate and maintain, within such county, facilities to provide water for industrial and private use and facilities for the collection, treatment and disposition of sewage, including industrial waste. No such facilities shall be provided by the county within the territory of any special purpose district or authority existing on March 7, 1973, authorized to provide such facilities or within the corporate limits of any incorporated municipality without the consent of the governing body of such municipality, special purpose district, or authority, as the case may be. Nothing herein contained is intended to authorize the levy of taxes.  (B) Every county governing body is authorized to adopt regulations with respect to the use of its water and sewage facilities, including regulations requiring connection thereto of properties to which such facilities are available.  (C) Every county governing body is authorized to place into effect and revise from time to time a schedule of rates and charges for the use of its water or sewer facilities.  (D) Every county governing body is authorized to enter into contracts in connection with the providing of water or sewer services, or both, and facilities with persons, private corporations, municipal corporations, public bodies, public agencies, special purpose districts, the State of South Carolina or any agencies thereof, and with the United States Government or any agencies thereof.  (E) Every county governing body is authorized to establish such departments, boards, commissions, and positions in the county as may be necessary or appropriate to provide water or sewer facilities, or both, and services and to prescribe the functions thereof from time to time, and further in conjunction with the governing bodies of other counties, to create such agencies, boards and authorities as may be necessary and proper to provide water or sewer services, or both, and facilities and to vest in any such agencies, boards or authorities as agents of the several counties, any powers vested by this article in the several counties.  HISTORY: 1975 (59) 268.
 In counties which have cities of sixty-five thousand inhabitants or over it is unlawful for a manufacturer of acids or other distillations of a corrosive nature or of acrid odor, offensive or dangerous to human or plant life, to discharge into the air fumes generated in the manufacture of these acids or other similar substances without first treating the fumes so as to render them innocuous, inoffensive, and harmless to human or plant life. A person who violates this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.  HISTORY: 1962 Code Section 32-1851; 1952 Code Section 32-1851; 1942 Code Section 1504; 1932 Code Section 1504; 1929 (36) 184; 1993 Act No. 184, Section 77.
 In all cases of civil action in which the violation of any of the provisions of Section 44-55-1510 shall be pleaded, the limit of liability of the defendant shall be actual damages sustained by the plaintiff.  HISTORY: 1962 Code Section 32-1852; 1952 Code Section 32-1852; 1942 Code Section 1504; 1932 Code Section 1504; 1929 (36) 184.
 As used in this article:  (1) "Board" means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act.  (2) "Commissioner" means the commissioner of the department or his authorized agent.  (3) "Community water systems" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.  (4) "Construction permit" means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system.  (5) "Contamination" means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.  (6) "Cross-connection" means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.  (7) "Department" means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board.  (8) "Human consumption" means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses.  (9) "Noncommunity water system" means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.  (10) "Nontransient noncommunity water system" means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.  (11) "Operating permit" means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system.  (12) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns.  (13) "Public water system" means:  (a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;  (b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;  (c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:  (i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;  (ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or  (iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.  (14) "State water system" means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.  (15) "Transient noncommunity water system" means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.  (16) "Well" means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This includes, but is not limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.  (17) "Well driller" means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. This term does include owners constructing or abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells.  HISTORY: 1962 Code Section 32-1202; 1968 (55) 2436; 1976 Act No. 658; 1980 Act No. 319, Section 2; 1982 Act No. 459, Sections 5, 10; 1993 Act No. 181, Section 1126, eff July 1, 1994; 2000 Act No. 322, Section 1.
 The term "privy" as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control and which are used for affording privacy in acts of urination or defecation. For the purpose of this article the term "watershed" shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake.  HISTORY: 1962 Code Section 32-1221; 1952 Code Section 32-1221; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
 The provisions of this article shall apply to all residences, institutions and establishments and all privies, without regard to their distance from the homes of persons, which are located on the watershed of a public surface water supply.  HISTORY: 1962 Code Section 32-1222; 1952 Code Section 32-1222; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
 Every privy, located on property occupied by the owner or a tenant or by any person employed by the owner, shall be maintained in a sanitary manner and in accordance with rules and regulations prescribed by the Department of Health and Environmental Control and posted in a suitable form inside of the privy by an officer of the Department.  HISTORY: 1962 Code Section 32-1224; 1952 Code Section 32-1224; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2768.
 This article may be cited as the State Recreational Waters Act.  HISTORY: 1990 Act No. 551, Section 1.
 As used in this article:  (1) "Board" means the Board of Health and Environmental Control.  (2) "Director" means the director of the department or his authorized agent.  (3) "Department" means the Department of Health and Environmental Control.  (4) "Person" means an individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity. "Person" does not mean a church, synagogue, or religious organization.  (5) "Public swimming pool" means an artificial structure used to impound water to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence and the use of which is not confined to the family of the residence and its private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization.  HISTORY: 1990 Act No. 551, Section 1; 1993 Act No. 181, Section 1131.
 The department shall promulgate regulations, standards, and procedures necessary to protect the health and safety of the public and to ensure proper design, construction, and operation of public swimming pools. The regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, and physical standards for public swimming pool waters.  HISTORY: 1990 Act No. 551, Section 1.
 (A) No person may construct, materially alter, or enlarge a public swimming pool until an application for a construction permit has been submitted to, and a construction permit is issued by, the department. An application submitted for a construction permit must be signed by the owner and include drawings, plans, and specifications prepared and signed by an architect or engineer registered in this State which demonstrate compliance with the design standards promulgated by the department. No newly constructed or altered public swimming pool may be placed into operation until the department has conducted a final inspection and issued written approval that the construction is completed satisfactorily.  (B) No person may operate an existing public swimming pool until he has obtained an annual operating permit from the department for the calendar year in which the pool is to be operated. All annual operating permits expire on the last day of the calendar year for which they are issued. An annual operating permit for a newly constructed pool is not required until the calendar year following the year in which the pool is constructed.  (C) The owner shall operate and maintain his public swimming pool in a manner to provide water quality which is bacteriologically, chemically, and physically safe for swimming or its other intended use and assure that it is free from potential safety hazards to the users. The owner shall keep records of operation on forms approved by the department and shall make the records available to the department upon request. The records must include information as specified in the regulations promulgated by the department.  HISTORY: 1990 Act No. 551, Section 1.
 The department may establish and collect fees for the construction permits and the annual operating permits required by Section 44-55-2340 unless prohibited by the General Assembly.  HISTORY: 1990 Act No. 551, Section 1.
 It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department including a permit or order issued by the board, director or department.  HISTORY: 1990 Act No. 551, Section 1; 1993 Act No. 181, Section 1132.
 (A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department, after written notice of violation, may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or may request the Attorney General to commence an action under this subsection in the appropriate court. The department also may assess civil penalties as provided in this section for violations of the provisions of this article, including any order, permit, regulation, or standard.  (B) A person who fails to take appropriate corrective action after receiving written notice of the violation of a provision of Section 44-55-2360 is liable for a civil penalty not to exceed five hundred dollars a day for the first violation; one thousand dollars a day for the second violation; and three thousand dollars a day for the third or subsequent violations which occur during the same year. Fifty percent of the penalties collected must be retained and used in the implementation of the recreational waters program, thirty percent must be forwarded to the county in which the violations occur, and twenty percent must be forwarded to the state's general fund.  HISTORY: 1990 Act No. 551, Section 1.
 For purposes of enforcing this article and regulations promulgated pursuant to this article, an employee or duly authorized representative of the department may enter at reasonable times the premises of a public swimming pool. The department, upon receipt of information that a public swimming pool may present an imminent and substantial hazard to the health of persons using the pool, may issue an order directing the owner or operator of the swimming pool to take steps necessary to eliminate the hazard. The action may include temporary cessation of operation of the public swimming pool.  HISTORY: 1990 Act No. 551, Section 1.
 (A) As a condition of obtaining and maintaining an operating permit, all Type "A" public swimming pools, as defined in Regulation 61-51, shall provide lifeguards, as defined in Regulation 61-51, in accordance with the following:  (1) A public swimming pool of three thousand square feet or fewer must have:  (a) one lifeguard for one through twenty-five patrons;  (b) two lifeguards for twenty-six through fifty patrons;  (c) three lifeguards for fifty-one through one hundred fifty patrons;  (d) four lifeguards for one hundred fifty-one through two hundred fifty patrons;  (e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.  (2) A public swimming pool of three thousand one square feet through six thousand square feet must have:  (a) two lifeguards for one through twenty-five patrons;  (b) three lifeguards for twenty-six through fifty patrons;  (c) four lifeguards for fifty-one through one hundred fifty patrons;  (d) five lifeguards for one hundred fifty-one through two hundred fifty patrons;  (e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.  (3) A public swimming pool of six thousand one square feet through nine thousand square feet must have:  (a) two lifeguards for one through twenty-five patrons;  (b) three lifeguards for twenty-six through fifty patrons;  (c) five lifeguards for fifty-one through one hundred fifty patrons;  (d) six lifeguards for one hundred fifty-one through two hundred fifty patrons;  (e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.  (4) A public swimming pool of greater than nine thousand square feet must have:  (a) three lifeguards for one through twenty-five patrons;  (b) four lifeguards for twenty-six through fifty patrons;  (c) six lifeguards for fifty-one through one hundred fifty patrons;  (d) seven lifeguards for one hundred fifty-one through two hundred fifty patrons;  (e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.  (B) All Type "E" public swimming pools, as defined in Regulation 61-51, shall submit to the Department of Health and Environmental Control a lifeguard coverage plan. Upon approval by the department, Type "E" public swimming pools shall provide lifeguards in accordance with their approved plan.  (C) A public swimming pool, as defined in this chapter, required to have only one lifeguard shall, at all times, have at least one additional pool staff employee present and available to make an emergency call if necessary.  (D) Any request for a variance from these provisions must be made in writing and must include a site-specific evaluation that demonstrates proof of equivalency with these provisions. The Department of Health and Environmental Control will consider the variance request and will provide written notice of its decision.  HISTORY: 2012 Act No. 159, Section 1, eff May 14, 2012.
 The person in charge of a dwelling, office building, establishment or institution shall be responsible for the sanitary maintenance of any privy which is used by his household, guests, customers, pupils, passengers, occupants, employees, workers or other persons.  HISTORY: 1962 Code Section 32-1225; 1952 Code Section 32-1225; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2768.
 The Department of Health and Environmental Control, through its officers and inspectors, shall exercise such supervision over the sanitary construction and maintenance of privies as may be necessary to enforce the provisions of this article.  HISTORY: 1962 Code Section 32-1226; 1952 Code Section 32-1226; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
 Duly authorized agents of the Department of Health and Environmental Control may enter upon any premises and into any buildings or institutions for the purposes of inspection as provided for or required by State laws or regulations of the Department pursuant to such laws, but the privacy of no person shall be violated. Any person who wilfully interferes with or obstructs the officers of the Department in the discharge of any of their duties under this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.  HISTORY: 1962 Code Section 32-1227; 1952 Code Section 32-1227; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 2825.
 If an officer or an inspector of the Department of Health and Environmental Control shall find a privy which is not constructed in accordance with the provisions of this article or not being maintained in a sanitary manner and in accordance with the rules and regulations of the Department he shall securely fasten on the privy a notice reading, "Unsanitary, Unlawful To Use."  HISTORY: 1962 Code Section 32-1228; 1952 Code Section 32-1228; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1972 (57) 3042.
 On the effective date of this section any provision of law or regulation relating to outdoor toilet facilities or privies which would require the destruction or discontinued use of such facilities shall not apply to facilities at campgrounds or parks used exclusively for religious purposes.  HISTORY: 1978 Act No. 561.
 No person shall remove or deface an official notice fastened on or in a privy by an officer of the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-1229; 1952 Code Section 32-1229; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
 The Department of Health and Environmental Control shall designate as its agents local health inspectors of incorporated towns or cities for the enforcement of the terms of this article and the rules and regulations issued pursuant thereto within one mile outside the corporate limits of such town or city. Such local health inspectors shall enforce such rules and regulations as may be issued by the Department under the terms of this article. In counties having health units it shall be the duty of such health units to enforce the rules and regulations of the Department in the territory of such counties lying beyond the distance of one mile from the corporate limits of towns or cities having local health inspectors. Provided, that nothing herein shall affect the Richland County board of health from having concurrent jurisdiction with the designated local health inspectors to implement the rules and regulations within one mile of the boundary of a city or town.  HISTORY: 1962 Code Section 32-1230; 1952 Code Section 32-1230; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310; 1968 (55) 2684.
 In general, the design and construction of any public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.  HISTORY: 1962 Code Section 32-1203; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 Any person who violates any of the provisions of this article, other than Section 44-55-260, and any person who is responsible for the sanitary maintenance of a privy and who permits such privy, after an official notice reading, "Unsanitary, Unlawful To Use," has been fastened on it, to be used shall be guilty of a misdemeanor and fined not less than five dollars nor more than fifty dollars or imprisoned not exceeding thirty days.  HISTORY: 1962 Code Section 32-1231; 1952 Code Section 32-1231; 1942 Code Section 5050; 1932 Code Section 5041; 1928 (35) 1310.
 (A) Before the construction, expansion, or modification of any public water system, application for a permit to construct must be made to, and a permit to construct obtained from, the department.  (B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department and must be accompanied by engineering plans, drawings, and specifications prepared by or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40 and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.  (C) Upon the completion of construction, modification, or extension to a public water system, arrangements must be made for a final inspection and approval before operation as prescribed by regulation. No new facility may be operated prior to approval by the department.  (D) Any public water system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person may install, permit to be installed, or maintain any unprotected cross-connection between a public water system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to ensure their proper operation.  (E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.  (F) In exercising its responsibility under this article, the department is authorized to investigate the public water system as often as the department considers necessary. Records of operation of public water systems must be kept on forms approved or furnished by the department, and this data must be submitted at such times and intervals as the department considers necessary. Samples of water must be collected and analyzed by the systems as required.  (G) The department may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board considers necessary and desirable; however, these variances or exemptions must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.  (H) The department or its authorized representative has the authority to enter upon the premises of any public water system at any time for the purpose of carrying out the provisions of this article.  (I) The department may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.  (J) The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water system; adopt and implement plans for the provision of drinking water under emergency circumstances; and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water system; however, no permit may be revoked without first providing an opportunity for a hearing.  (K) The Commissioner of the Department of Health and Environmental Control shall classify all public water system treatment facilities giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by the public water system treatment facility and the skill, knowledge, and experience necessary for the operation of these facilities. Each treatment facility must be classified at the highest applicable level of the following classification system, with Group VII Treatment being the highest classification level:  Group I Treatment. A facility which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.  Group II Treatment. A facility which provides disinfection treatment using gaseous chlorine or chloramine disinfection or includes sequestering, fluoridation, or corrosion control treatment.  Group III Treatment. A facility treating a groundwater source which is not under the direct influence of surface water, utilizing aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration or ion exchange, or membrane technology or that includes sludge storage or a sludge dewatering process.  Group IV Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing aeration, coagulation, clarification with a minimum detention time of two hours in the clarification unit, lime softening, rapid rate gravity filtration (up to four gallons per minute per square foot), slow sand filtration, chlorine dioxide, powdered activated carbon addition, or granular activated carbon filtration or ion exchange or that includes sludge storage or a sludge dewatering process. This classification also includes any treatment facility which does not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.  Group V Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing high rate gravity filtration (greater than four gallons per minute per square foot), clarification with a detention time of less than two hours in the clarification unit, diatomaceous earth filtration, or ultraviolet light disinfection.  Group VI Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing direct filtration, membrane technology, or ozone.  Group VII Treatment. Drinking water dispensing stations and vending machines which utilize water from an approved public water system or bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.  (L) The Commissioner of the Department of Health and Environmental Control shall classify all public water distribution systems giving due regard to the size, type, and complexity of the public water distribution system and the skill, knowledge, and experience necessary for the operation of these systems. The classification must be based on:  Group I Distribution. Distribution systems associated with state and transient noncommunity water systems.  Group II Distribution. Distribution systems associated with community and nontransient noncommunity public water systems which have a reliable production capacity not greater than six hundred thousand gallons a day and which do not provide fire protection.  Group III Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than six hundred thousand gallons a day but not greater than six million gallons a day (MGD) or have a reliable production capacity not greater than six hundred thousand gallons a day and provide fire protection.  Group IV Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity than six MGD, but not greater than twenty MGD.  Group V Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than twenty MGD.  (M) It is unlawful for a person to operate a public water treatment facility or distribution system classified in subsection (K) or (L) unless the operator-in-charge holds a valid certificate of registration issued by the South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water treatment facility or distribution system supervised by the operator in charge. All public water treatment facilities classified in Group IV Treatment through Group VI Treatment of subsection (K) must have an operator of the appropriate grade certified by the South Carolina Environmental Certification Board on duty while the facility is in operation.  (N) Effective July 1, 1983, it is unlawful for a person to engage in the business of well drilling or represent himself or herself to the public as a well driller without obtaining certification from the South Carolina Environmental Certification Board or employing well drillers which are certified by the South Carolina Environmental Certification Board. Persons constructing or abandoning wells on their own property for their own personal use only are not required to be licensed by the Department of Labor, Licensing and Regulation.  (O) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq.; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Sections 48-43-10 et seq.; or the Water Use Reporting and Coordination Act, Section 49-4-10 et seq. For these excepted wells, the board may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers who desire this training.  (P) The owner of a public water system must possess a valid operating permit to operate a public water system in this State.  HISTORY: 1962 Code Section 32-1204; 1952 Code Section 32-1203; 1942 Code Section 5049; 1932 Code Section 5035; Civ. C. '22 Section 2345; Civ. C. '12 Section 1601; 1907 (25) 536; 1968 (55) 2436; 1976 Act No. 658; 1980 Act No. 319, Section 3; 1981 Act No. 157, Sections 5, 6; 1982 Act No. 459, Sections 6, 10; 1993 Act No. 181, Sections 1127, 1128; 2000 Act No. 322, Section 1.
 In order to protect the public health, all persons engaged in manufacturing in this State and furnishing, by renting and otherwise, directly or indirectly, houses to their employees shall furnish to their employees occupying such houses sewage closets with necessary sewage connections for them.  HISTORY: 1962 Code Section 32-1241; 1952 Code Section 32-1241; 1950 (46) 2327.
 The construction of the sewage connections and the sanitary closets and the method of keeping such connections and closets in sanitary condition shall be under the supervision and control of the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-1242; 1952 Code Section 32-1242; 1950 (46) 2327.
 The Department of Health and Environmental Control may make rules and regulations necessary for the enforcement of the provisions of this article.  HISTORY: 1962 Code Section 32-1243; 1952 Code Section 32-1243; 1950 (46) 2327.
 In case a person subject to the provisions of this article shall have installed, prior to June 3, 1951, in his tenement or mill village an adequate sewage system with adequate water closets in compliance with the law as it then existed on the subject, such person shall be exempt from the provisions hereof, except the requirement of maintenance in compliance with the rules and regulations of the Department of Health and Environmental Control.  HISTORY: 1962 Code Section 32-1244; 1952 Code Section 32-1244; 1950 (46) 2327.
 An advisory committee to the board must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee is composed of eight members appointed by the board. Five members must be active well drillers; one member must be a registered professional engineer with experience in well design and construction; one member must be a consulting hydrogeologist with experience in well design and construction; and one member must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom must be an employee of the Department of Health and Environmental Control, and appointed by the commissioner; and two of whom must be employees of the South Carolina Department of Natural Resources and appointed by the director.  The term of office of members of the Advisory Committee is for four years and until their successors are appointed and qualify. No member may serve more than two consecutive terms. The initial terms of office must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.  HISTORY: 1982 Act No. 459, Section 7; 1993 Act No. 181, Section 1129; 2000 Act No. 322, Section 1.
 This article shall not apply to sawmills, manufacturing enterprises operating on a temporary basis or manufacturing firms operating under an order of court or in receivership.  HISTORY: 1962 Code Section 32-1245; 1952 Code Section 32-1245; 1950 (46) 2327.
 Any person refusing or neglecting to carry into effect the provisions of this article, to obey the rules and regulations as established by the Department of Health and Environmental Control or to obey any order issued by said Department relative to the provisions of this article shall, upon conviction, be fined in a sum not exceeding one hundred dollars or not less than twenty-five dollars, and each day of such violation shall constitute a separate offense.  HISTORY: 1962 Code Section 32-1246; 1952 Code Section 32-1246; 1950 (46) 2327.
 (A) In establishing regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for these decisions.  (B) If the board or department determines that these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department is entitled to request a public hearing, which the board or department shall conduct within thirty days after the request. The public hearing must be a formal evidentiary hearing where testimony must be recorded. After the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice to known interested parties. The findings of the board or department may be appealed to the circuit court, which is empowered to modify or overrule the findings if the court determines the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies also must be served on known interested parties.  (C) A public water system utilizing a fully owned and protected watershed as its water supply is exempt from this section.  HISTORY: 1962 Code Section 32-1204A; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 (A) An imminent hazard is considered to exist when in the judgment of the commissioner there is a condition which may result in a serious immediate risk to public health in a public water system.  (B) In order to eliminate an imminent hazard, the commissioner may, without notice or hearing, issue an emergency order requiring the water system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order must be served by certified mail or other appropriate means. An emergency order issued by the commissioner must be effected immediately and binding until the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.  HISTORY: 1962 Code Section 32-1205; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 1993 Act No. 181, Section 1130; 2000 Act No. 322, Section 1.
 In each county in this State containing a city having a population of more than seventy thousand according to the official United States census, the construction, installation and use of septic tanks shall be regulated by the provisions of this article and specifications and rules and regulations adopted by the county board of health and shall be approved by the county board of health, whose certificate of approval shall be accepted by all agencies and the courts of this State as evidence of such approval and of installation in compliance with the provisions of this article and of such specifications, rules and regulations.  HISTORY: 1962 Code Section 32-1261; 1952 Code Section 32-1261; 1943 (43) 298.
 The county board of health of any such county may promulgate specifications, rules and regulations governing septic tanks and their installation which shall accord with approved engineering standards in general and shall contain the following standards and requirements in particular:  (1) No septic tank shall be installed which has a net liquid capacity of less than five hundred gallons;  (2) The length of each tank shall be at least two but not more than three times the width;  (3) The uniform liquid depth of each tank shall be not less than two feet six inches; and  (4) The theoretical detention period of each tank shall be not less than twenty-four hours based upon the average daily flow.  HISTORY: 1962 Code Section 32-1262; 1952 Code Section 32-1262; 1943 (43) 298.
 The plans for each septic tank having a capacity of one thousand gallons or more shall have the approval of the county health officer before the tank is installed. Each such tank shall have a second or effluent compartment not longer than one third the total length of the tank nor shorter than three feet and shall be equipped with a dosing chamber and siphon if a tile field or filter is used for secondary treatment of the tank effluent.  HISTORY: 1962 Code Section 32-1263; 1952 Code Section 32-1263; 1943 (43) 298.
 Each septic tank shall be installed so as to receive the approval of the county board of health through a duly authorized agent.  HISTORY: 1962 Code Section 32-1264; 1952 Code Section 32-1264; 1943 (43) 298.
 All septic tanks shall be constructed of such materials as shall be required by the rules and regulations and specifications promulgated by the county board of health.  HISTORY: 1962 Code Section 32-1265; 1952 Code Section 32-1265; 1943 (43) 298.
 A grease trap shall be installed on the kitchen waste line preceding the septic tank when the tank serves a boardinghouse, cafe, restaurant, hotel or other public eating place. The grease trap shall have a theoretical detention period of at least thirty minutes.  HISTORY: 1962 Code Section 32-1266; 1952 Code Section 32-1266; 1943 (43) 298.
 All septic tanks shall have a minimum of one hundred feet of distribution pipe laid and installed in the manner required by the specifications, rules and regulations promulgated by the county board of health.  HISTORY: 1962 Code Section 32-1267; 1952 Code Section 32-1267; 1943 (43) 298.
 No septic tank effluent shall be discharged into any stream without special approval of the county board of health through a duly authorized agent.  HISTORY: 1962 Code Section 32-1268; 1952 Code Section 32-1268; 1943 (43) 298.
 The county board of health may permit and approve the installation of temporary septic tanks in the case of unusual, temporary or emergency conditions. Such temporary septic tank shall be constructed and installed in accordance with the specifications, rules and regulations promulgated by the county board of health relating to the use of such tanks, and the board may determine the period of time for which such temporary septic tank may be used.  HISTORY: 1962 Code Section 32-1269; 1952 Code Section 32-1269; 1943 (43) 298.
 A public water system shall, as soon as practicable, give public notice if it:  (1) is not in compliance with the State Primary Drinking Water Regulations;  (2) fails to perform required monitoring;  (3) is granted a variance for an inability to meet a maximum contaminant level requirement;  (4) is granted an exemption; or  (5) fails to comply with the requirements prescribed by a variance or exemption.  The board shall prescribe procedures for the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and other notification as is considered appropriate by the board.  HISTORY: 1962 Code Section 32-1206; 1952 Code Section 32-1205; 1942 Code Section 5049-1; 1932 Code Section 1448; Cr. C. '22 Section 396; Cr. C. '12 Section 404; 1907 (25) 536; 1931 (37) 254; 1933 (38) 87; 1968 (55) 2436; 1976 Act No. 658; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 The use, construction or installation of any septic tank in any such county without the prior approval of the county board of health as herein provided for shall be deemed a misdemeanor, punishable by a fine of not less than ten dollars nor more than fifty dollars or imprisonment of not less than five days nor more than twenty days, and each day during which such violation shall continue shall constitute a separate offense.  HISTORY: 1962 Code Section 32-1270; 1952 Code Section 32-1270; 1943 (43) 298.
 Septic tank permits issued prior to the effective date of this section under Title 44 of the 1976 Code shall continue to be valid unless the physical character of the property for which they were issued changes, provided the conditions of the original permit are met.  HISTORY: 1983 Act No. 71.
 (A) It is unlawful for a person to fail to comply with:  (1) the provisions of this article or the regulations promulgated pursuant to this article;  (2) the conditions of any permit issued under this article; or  (3) any order of the department.  (B) It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.  HISTORY: 1962 Code Section 32-1207; 1976 Act No. 658; 1982 Act No. 459, Sections 8, 10; 2000 Act No. 322, Section 1.
 The General Assembly, having considered the problems associated with proper sewage disposal, finds that many mobile, modular and permanently constructed homes are being constructed, located, and installed in areas of this State which will not support an individual sewage disposal system, and further finds that this situation has resulted in the discharge of sewage to the ground or to adjacent waters. To correct this problem is the purpose of this article.  HISTORY: 1975 (59) 597.
 No private or public utility, municipality, or electric cooperative supplying power shall connect temporary or permanent power to a new site of any mobile, modular or permanently constructed building or facility until such time as the power supplier is presented with a certificate, license, or permit by the county or municipality when the proposed connection is to be made within the corporate limits thereof authorizing such connection. No such certificate, license, or permit shall be issued by the county or municipality without a permit from the county health department approving the method of sewage disposal; nor shall such permit, certificate or license be issued until evidence is presented that all other appropriate safety and health regulations, permits, codes and ordinances have been complied with. Such permits, certificates or licenses shall state the location of the approved site. The governing body of each county or municipality shall provide one office to issue evidence that all such requirements have been met by the applicant.  HISTORY: 1962 Code Section 32-1251; 1975 (59) 597.
 (A)(1) The Department of Health and Environmental Control may issue a preliminary tract evaluation for tracts of land that may be developed in the future. For purposes of this section, a tract of land is any tract of land that is not yet divided into individual lots for the immediate or future purpose of building development. A preliminary tract evaluation will determine whether a tract of land is conceptually appropriate for the use of onsite wastewater systems. If the proposed subdivision is found to be suitable for onsite waste treatment systems, the department shall issue a preliminary subdivision approval letter.  (2) When conducting a preliminary tract evaluation, the department shall consider a variety of factors including, but not limited to, soil maps, boundary plat, and distance to the nearest sewer line. The department may determine what documents and other supporting materials must be submitted with an application for a preliminary tract evaluation. When making a determination on a preliminary tract evaluation, the department may receive and consider information and data on soil from registered soil classifiers and other site conditions from engineers.  (B)(1) The Department of Health and Environmental Control may issue a preliminary subdivision approval letter for subdivisions where the use of onsite wastewater systems is proposed as the method of sewage treatment and disposal. For purposes of this section, a subdivision is any tract of land divided into five or more lots for the immediate or future purpose of building development where onsite wastewater systems are to be considered except where all of the lots are five acres or larger, regardless of the number of lots.  (2) The department must not issue a final subdivision approval letter for a residential subdivision for which it has approval responsibility without first conducting a soil suitability test on each lot in the proposed subdivision. The suitability test must determine if the soil conditions on each lot meet the requirements of regulation to support the use of an onsite wastewater system. The department shall issue permits on each approved lot within the subdivision if all of the conditions for permitting have been met pursuant to regulation. Following the completion of the soil suitability test for each lot as submitted by the developer, the department shall issue a final subdivision approval letter indicating the approval or disapproval for each lot in the proposed subdivision.  (3) The department shall provide space on its "Application for Subdivision of Real Estate", or another applicable form in use, for the developer of the proposed subdivision to indicate the typical setback on the lots and the typical size house that is anticipated to be built in the proposed subdivision. Changes in the house size, addition of landscaping features, addition of structures, addition of impervious materials or other site alterations could jeopardize permitting a septic tank system for a proposed lot. If the septic permit application is denied for any reason, the department shall inform the subdivision lot owner if any corrective measures could be taken to remedy the problem and lead to the issuance of a septic tank permit.  HISTORY: 2007 Act No. 106, Section 1, eff January 1, 2008.
 (A) Notwithstanding any other provision of law, after the department has conducted soil suitability testing and has issued a permit for the installation of an onsite wastewater system, the department is required to conduct random final inspections and approvals of no less than three percent annually of the total number of installed systems during the preceding fiscal year.  (B) Any installed system not inspected within a specified time period designated by the department is deemed approved by the department. The department shall establish documentation and record requirements.  (C) Onsite wastewater systems must be installed pursuant to construction and operation permits issued by the department pursuant to regulation. Deviation from the installation design and conditions in onsite wastewater permits may be considered by the department to be a violation. Violation of an onsite wastewater system permit installation must be enforced in accordance with the following:  (1) First offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed one year.  (2) Second offense violations may be enforced under Section 44-1-150 or by suspension of the installer's license by a period not to exceed three years.  (3) Third offense violations may be enforced under Section 44-1-150 or by permanent revocation of the installer's license.  HISTORY: 2007 Act No. 106, Section 1, eff January 1, 2008.
 (A) The department shall promulgate regulations for the licensure of persons who contract or advertise to offer or provide services for installation, repair, modification, or final inspection and approval of onsite wastewater systems. These regulations must include:  (1) eligibility criteria to be licensed as an Onsite Wastewater Systems Contractor;  (2) a tiered licensing program defining various levels of competency and skill, including licenses that allow different combinations of installation, repair, modification, and final inspection and approval of onsite wastewater systems;  (3) a system for the department to monitor the quality of contractor installation, repair, modification, and final inspection and approval of onsite wastewater systems;  (4) minimum standards for training and continuing education for Onsite Wastewater Systems Contractors;  (5) bonding and insurance requirements for Onsite Wastewater Systems Contractors;  (6) the establishment and collection of administrative and licensing fees to cover the costs of this program; and  (7) enforcement guidelines and penalties for violations of the provisions of these regulations.  (B) The department shall promulgate regulations pursuant to the requirements for licensure of an Onsite Wastewater Systems Contractor, as provided for in subsection (A), items (1) through (7).  (C) Nothing in this chapter or regulations promulgated pursuant to this chapter affect the department's authority, under Section 44-1-140 and regulation, to issue permits for the installation and construction of individual onsite wastewater systems.  HISTORY: 2007 Act No. 106, Section 1, eff January 1, 2008.
 The purchaser or owner shall obtain the permit and provide to any person who sells a mobile home a copy of the certificate of health department approval required by Section 44-55-820 before placing such mobile home upon the new site for occupancy.  HISTORY: 1962 Code Section 32-1253; 1975 (59) 597.
 Any supplier or recipient of electrical service or any other person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.  HISTORY: 1962 Code Section 32-1254; 1975 (59) 597.
 The provisions of this article shall not be construed to increase or decrease the powers or jurisdiction of any agency responsible for issuance of permits or regulations relating to safety or health or the enforcement of codes and ordinances.  HISTORY: 1962 Code Section 32-1252; 1975 (59) 597.
 Whenever any lot or parcel of land without improvement thereon upon which an owner intends to construct a building or place a mobile home is not accessible to a sewer line for a tap-on and the county board of health or other appropriate agency in which the lot or parcel of land is situated certifies that such lot or land is not suitable to accommodate a septic tank or other individual sewage disposal system, the board or agency shall state in writing to the owner within thirty days following inspection of the property the reason such septic tank or system cannot be used. At the same time the board or agency shall inform the owner of the property in detail of any corrective measures that may be taken to remedy the sewage problem.  HISTORY: 1981 Act No. 11, Section 1.
 (A) Any person wilfully violating the provisions of Section 44-55-80 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars a day per violation or imprisoned for not more than one year, or both.  (B)(1) A violation of Section 44-55-80 by a person renders the violator liable to the State for a civil penalty of not more than five thousand dollars a day per violation.  (2) The department may administer penalties as otherwise provided for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure this penalty.  (C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60, and 44-55-70.  HISTORY: 1962 Code Section 32-1208; 1976 Act No. 658; 1981 Act No. 157, Section 7; 1982 Act No. 459, Section 10; 2000 Act No. 322, Section 1.
 This chapter shall be cited as the "South Carolina Hazardous Waste Management Act".  HISTORY: 1978 Act No. 436 Section 1.
 The board may issue, modify or revoke any order to prevent any violation of this chapter.  HISTORY: 1978 Act No. 436 Section 8.
 The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing.  HISTORY: 1978 Act No. 436 Section 9.
 Not later than ninety days after final promulgation or revision of regulations under Section 44-56-30 identifying by its characteristics or listing any substance as hazardous waste subject to this chapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the department a notification stating the location and general description of such activity and the identified or listed hazardous waste handled by such person. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required under this section.  HISTORY: 1978 Act No. 436 Section 14.
 After the promulgation of the regulations required under Section 44-56-30:  (1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such regulations.  (2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations.  (3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department.  For the validity of (4) to (6), see Editors' Notes below.  (4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment.  (5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage.  (6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal.  HISTORY: 1978 Act No. 436 Section 11; 1989 Act No. 196, Section 9; 1993 Act No. 181, Section 1135.  Validity  For the validity of (4) to (6) of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
 A. Whenever the department finds that any person is in violation of any permit, regulation, standard, or requirement under this Chapter, the department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the department may request that the Attorney General bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil enforcement action under subsection B of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefor as provided by law. The department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. Any person against whom a civil penalty is invoked by the department may appeal the decision of the department to the Court of Common Pleas in Richland County.  B. Any person who violates any provision of Section 44-56-130 shall be liable for a civil penalty not to exceed twenty-five thousand dollars per day of violation.  C. Any person who willfully violates any provision of Section 44-56-130 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both, if the conviction is for a second or subsequent offense; the punishment shall be by a fine not to exceed fifty thousand dollars per day of violation, or imprisonment not to exceed two years, or both.  D. Each day of noncompliance with any order issued pursuant to this chapter, or noncompliance with any permit, regulation, standard or requirement pursuant to Section 44-56-130 shall constitute a separate offense.  E. The violations referred to in this section shall be reported by the department to the governing body of the county or municipality concerned within twenty-four hours.  HISTORY: 1978 Act No. 436 Section 12; 1981 Act No. 96, Section 2.
 (A) The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills and necessary from accidents in the transportation of hazardous materials and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The contingency fund must be financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510 and annual appropriations which must be provided by the General Assembly.  (B) Of the fees collected pursuant to Section 44-56-170(C), (D), and (E), and credited to the contingency fund pursuant to Section 44-56-175:  (1) thirteen percent must be held separate and distinct within the fund in a permitted site fund for the purpose of response actions arising from the operation of the permitted land disposal facilities in this State;  (2) sixty-two percent must be held separate and distinct within the fund to defray the costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions arising from accidents occurring within the State in the transportation of hazardous materials;  (3) five percent must be used to fund hazardous waste reduction and minimization activities of the department pursuant to Section 44-56-165;  (4) eighteen percent must be remitted to and expended by the Hazardous Waste Management Research Fund in accordance with Section 44-56-810;  (5) two percent must be returned to the governing body of a county in which a permitted commercial land disposal facility is located.  (C) From the fees imposed by Section 44-56-170(C) and (E) and credited to permitted sites pursuant to subsection (B), twenty-seven percent must be held separate and distinct within the fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county pursuant to this subsection or subsection (B) must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body, shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disburse the funds quarterly to counties which contain commercial hazardous waste land disposal sites.  (D) From the fees imposed by Section 44-56-170(C) and (E) and credited to uncontrolled sites and transportation accidents pursuant to subsection (B), five percent must be returned to and used by the governing body of the Town of Pinewood to fund the Pinewood Hazardous Waste Contingency Fund as established in Section 44-56-163.  (E) All fees collected pursuant to Section 44-56-170(D) must be credited to the fund for uncontrolled sites and transportation accidents.  (F) Of the fees collected pursuant to Section 44-56-510 and credited to the contingency fund pursuant to Section 44-56-175:  (1) twenty-six percent must be credited to the fund for permitted sites; and  (2) seventy-four percent must be credited to the fund for uncontrolled sites and transportation accidents.  (G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund.  HISTORY: 1980 Act No. 517 Part II, Section 15A; 1983 Act No. 151 Part II Section 31E; 1985 Act No. 140, Section 6; 1987 Act No. 170, Part II, Section 29; 1989 Act No. 196, Section 7; 1992 Act No. 501, Part II Section 18A; 2008 Act No. 353, Section 2, Pt 5D, eff July 1, 2009.
 (A) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood. This contingency fund is financed pursuant to Section 44-56-160(D). The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality. The State Treasurer shall disburse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to Section 44-56-160 or this section must be credited to this contingency fund.  (B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection.  HISTORY: 1992 Act No. 501, Part II Section 18B; 1993 Act No. 164, Part II, Section 96B.
 (A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members:  (1) the chairman of the Sumter County Council or a council member designated by the chairman;  (2) the chairman of the Clarendon County Council or a council member designated by the chairman;  (3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;  (4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.  (B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B).  HISTORY: 1993 Act No. 164, Part II, Section 96A.
 The fees imposed under Section 44-56-170(C) and (E), and distributed in accordance with Section 44-56-160(B)(3) must be used to fund hazardous waste reduction and minimization activities of the department. Funding for this activity is not limited to the amount collected annually and may be supported by general appropriation of the General Assembly. Aqueous wastes which are hazardous only because of pH are exempt from this fee if they are generated and treated on site in a permitted wastewater treatment plant. In addition to funding hazardous waste reduction and minimization activities, the fees also must be used to enforce the bans set forth in Section 44-56-130(4), (5), and (6).  HISTORY: 1989 Act No. 196, Section 4; 1992 Act No. 501, Part II Section 18C.
 (A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information:  1. Effective October 1, 1985, certification that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable;  2. Effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;  3. the types and quantities of hazardous wastes generated;  4. the types and quantities of these wastes shipped for treatment and disposal by landfilling or other means of land disposal;  5. the types and quantities of these wastes remaining in storage at the end of the reporting period; and  6. a check made payable to the Department for the amount of fee imposed on these wastes by the provisions of paragraph (C.)  (B) Each owner/operator of a hazardous waste facility shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information:  1. the types and quantities of hazardous wastes generated;  2. the types and quantities of hazardous wastes received at the facility during the reporting period;  3. the types and quantities of hazardous wastes treated, disposed of, and otherwise handled during the reporting period; and  4. a check made payable to the Department for the amount of fees imposed by paragraph (C) for any wastes generated by the facility and handled in such manner as prescribed by its provisions; by paragraph (D) and by paragraph (E.)  Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calendar quarter, required to submit to the Department certification from any out-of-state generator that effective October 1, 1985:  (1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and  (2) The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment;  (C) There is imposed a fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.  (D) There is hereby imposed a fee of one dollar per ton of hazardous wastes in excess of fifty tons remaining in storage at the end of the reporting period.  (E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton.  (F)(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be based on the amount of hazardous waste collected by the facility for incineration and must not include any nonhazardous materials added to the hazardous waste at the incineration facility for purposes of fuel blending. These fees must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled "Hazardous Waste Fund County Account".  (2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State.  (b) Effective July 1, 2000, the provisions of subitem (a) are no longer effective and the fee must be allocated in the following manner: fifty percent to the county where the incineration of the hazardous waste generating the fee occurred and fifty percent to the general fund of the State.  (3) Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county.  (4)(a) For purposes of this subsection, "county legislative delegation" includes only those members who represent the economically depressed areas of the county.  (b) For purposes of this subsection, "incineration" includes hazardous waste incinerators, boilers, and industrial furnaces.  (c) For the purpose of this subsection "infrastructure" means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:  (i) improvements to both public water and sewer systems;  (ii) improvements to public electric, natural gas, and telecommunication systems; and  (iii) fixed transportation facilities including highway, road, rail, water, and air.  HISTORY: 1980 Act No. 517 Part II, Section 15B; 1983 Act No. 151 Part II Section 31F; 1985 Act No. 140, Section 7; 1989 Act No. 196, Section 8; 1992 Act No. 501, Part II Section 18D-18F; 1999 Act No. 100, Part II, Section 63; 2000 Act No; 384, Section 6; 2000 Act No. 387, Part II, Section 80A; 2004 Act No. 257, Section 2, eff June 15, 2004.  Editor's Note  1999 Act No. 100, Part II, Section 63BSection provides as follows:  "For purposes of Section 44-56-170(F), the phrase 'economically depressed area of that county' means:  "(1) within Orangeburg County, the entire area of the county;  "(2) within Dorchester County, the area comprising School District 4; and  "(3) for any other county, an area designated by the county governing body."
 (A) Of the fees imposed pursuant to Section 44-56-170(C) and (E):  (1) eighty-three percent must be credited to the Hazardous Waste Contingency Fund;  (2) two percent must be credited to the Pinewood Development Fund; and  (3) fifteen percent must be credited to the general fund.  (B) Of the fees imposed pursuant to Section 44-56-510:  (1) fifty-three percent must be credited to the Hazardous Waste Contingency Fund;  (2) twenty percent must be credited to the Pinewood Development Fund; and  (3) twenty-seven percent must be credited to the general fund.  (C) All fees imposed pursuant to Section 44-56-170(F) must be credited to the general fund.  HISTORY: 1992 Act No. 501, Part II Section 18G.
 (a) In determining the use of the fund for a particular governmental response action, the department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department for personnel and operating costs to implement its program for conducting these response actions. The department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The department must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund.  (b) The Department shall annually make a report to the General Assembly on the activities and response actions that have been carried out under the auspices of the Contingency Fund. The Department shall annually provide a report to the committees of each House with oversight of industry and natural resources on its program to identify and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina.  HISTORY: 1980 Act No. 517 Part II, Section 15C; 1983 Act No. 151 Part II Section 31G; 1985 Act No. 140, Section 8; 1993 Act No. 164, Part II, Section 61A.
 The Department is directed to revise and amend the necessary provisions of R. 61-79 (DHED) which are contrary or inconsistent with the provisions of Sections 44-56-160 through 44-56-190.  HISTORY: 1980 Act No. 517 Part II, Section 15D; 1983 Act No. 151 Part II Section 31H.
 Definitions as used in this chapter:  (1) "Board" means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Hazardous Waste Management Act.  (2) "Director" means the director of the department or his authorized agent.  (3) "Department" means the Department of Health and Environmental Control, including personnel thereof authorized by the board to act on behalf of the department or board.  (4) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.  (5) "Generation" means the act or process of producing waste materials.  (6) "Hazardous waste" means any waste, or combination of wastes, of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics may in the judgment of the department:  a. cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or  b. pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Such wastes may include, but are not limited to, those which are toxic, corrosive, flammable, irritants, strong sensitizers, persistent in nature, assimilated, or concentrated in tissue, or which generate pressure through decomposition, heat, or other means. The term does not include solid or dissolved materials in domestic sewage, or solid dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act or the Pollution Control Act of South Carolina or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954.  (7) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes.  (8) "Manifest" means the form used for identifying the quantity, composition, or origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.  (9) "Permit" means the process by which the department can ensure cognizance of, as well as control over the management of hazardous wastes.  (10) "Storage" means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes.  (11) "Transport" means the movement of hazardous wastes from the point of generation to any intermediate points and finally to the point of ultimate treatment, storage or disposal.  (12) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, reduced in volume, or suitable for final disposal.  (13) "Uncontrolled hazardous waste site" means any site where hazardous wastes or other hazardous substances have been released, abandoned, or otherwise improperly managed so that governmental response action is deemed necessary to remedy actual or potential damages to public health, the public welfare, or the environment.  For the purpose of this item the term "hazardous waste" does not include petroleum, including crude oil or fraction thereof; natural gas; natural gas liquids; liquified natural gas; synthetic gas usable for fuel; or mixtures of natural gas and such synthetic gas.  (14) "Response action" is any cleanup, containment, inspection, or closure of a site ordered by the director as necessary to remedy actual or potential damages to public health, the public welfare, or the environment.  HISTORY: 1978 Act No. 436 Section 2; 1983 Act No. 151 Part II Section 31A, B; 1984 Act No. 512, Part II, Section 74; 1985 Act No. 140, Sections 2, 3; 1993 Act No. 181, Section 1133.
 (A) For the purposes of this section:  (1) "Medium" or "media" includes the following portions of the environment:  (a) soil;  (b) surface water;  (c) sediments;  (d) ambient, noncontainerized air; and  (e) the saturated zone beneath surface soils commonly referred to as "groundwater".  (2) "Owner" does not include:  (a) a unit of state or local government that acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquired a title by virtue of its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapter 59, Title 12. The exclusion provided pursuant to this item does not apply to any state or local government that voluntarily acquires a facility or has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a state or local government is subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity; or  (b) a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by:  (i) an act of God;  (ii) an act of war; or  (iii) an act or omission by a third party, if the person establishes by a preponderance of the evidence that he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of the hazardous substance, in light of all relevant facts and circumstances and that he further took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions. Third party does not include:  (A) an employee or agent of the person; or  (B) one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the person, except where the sole contractual arrangement arose from a published tariff and acceptance for carriage by a common carrier by rail.  (3) "Remediation" has the same meaning provided by Public Law 96-510, 42 U.S.C. 9601, and may include a human health risk assessment process to estimate the nature and probability of adverse health effects in humans who may be exposed to chemicals in contaminated media.  (B) The Department of Health and Environmental Control is empowered to implement and enforce the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), and subsequent amendments to Public Law 96-510 as of the effective date of the amendments.  (C)(1) Subject to the provisions of Section 107 of Public Law 96-510 and its subsequent amendments which pursuant to this section are incorporated and adopted as the law of this State, the department is empowered to recover on behalf of the State all response costs expended from the Hazardous Waste Contingency Fund or from other sources, including specifically punitive damages in an amount at least equal to and not more than three times the amount of costs incurred by the State whether before or after the enactment of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and its subsequent amendments.  (2) For purposes of this chapter, the provisions of the Superfund Recycling Equity Act, 42 U.S.C. Section 9627, shall apply.  (D) When conducting cleanup, removal, remediation, or any other response pursuant to this section, the Pollution Control Act, or regulations thereof, a person who proposes or is required to respond to the release of a pollutant, contaminant, or hazardous substance at a contaminated facility site must comply with one of the following standards:  (1) the unrestricted use standards applicable to each affected medium;  (2) the background standard, if the background standard exceeds the unrestricted use standards;  (3) a site-specific remediation standard for any or all of the affected media that undergo review and approval by the department pursuant to subsection (E); or  (4) any combination of remediation standards for affected media described in this subsection.  (E) Site-specific remediation standards developed for each medium and authorized by this section shall include an evaluation of remediation standards based upon the present or currently planned future use of a site. Site-specific remediation standards shall be developed in accordance with the following:  (1) for surface water, the site-specific remediation standard shall be, or shall demonstrate compliance with, water quality standards adopted by the department;  (2) for a saturated zone or groundwater, the current and probable future use of the saturated zone or groundwater must first be identified, then site-specific sources of contaminants and potential receptors must be identified. Potential receptors must be protected, controlled, or eliminated, whether the receptors are located on or off the site where the source of the contamination is located;  (3) natural environmental conditions affecting the fate and transport of contaminants, such as natural attenuation, shall be determined by the appropriate scientific methods and shall be considered a site-specific remediation standard;  (4) permits for facilities located at sites covered by any of the programs or requirements established pursuant to regulation shall contain conditions to avoid exceedances of the applicable groundwater standards adopted by the department due to the continued operation of any onsite facility;  (5) for soil, the soil shall be remediated to levels that are no longer a continuing source of groundwater contamination in excess of the site-specific standards. Soil shall be remediated to unrestricted use standards on residential property with the following exceptions:  (a) for mixed-use developments where ground level uses are nonresidential and all potential exposure to contaminated soil has been eliminated, the department may allow soil to remain on site in excess of unrestricted use standards; and  (b) if soil remediation is impractical because of preexisting structures or removal is impractical, then all areas of the real property where a person may come into contact with soil must be remediated to unrestricted use standards. All other areas of the real property engineering and institutional controls that are sufficient to protect public health, safety, and welfare and the environment must be implemented;  (6) if applicable, the potential for the human inhalation of contaminants from outdoor air and other site-specific indoor air exposure pathways shall be considered. Site-specific remediation standards also must protect against human exposure to contamination through the consumption of contaminated fish or wildlife and through the ingestion of contaminants in surface water or groundwater supplies;  (7) for known or suspected carcinogens, site-specific remediation standards shall be established at exposures that represent an excess lifetime cancer risk of one in one million. The site-specific remediation standard may depart from the one-in-one million risk level based on the criteria set out in 40 C.F.R. Section 300.430(e)(9). The cumulative excess lifetime cancer risk to an exposed individual shall not be greater than one in ten thousand based on the sum of carcinogenic risk posed by each contaminant present;  (8) for systemic toxicants, site-specific remediation standards shall represent levels to which the human population, including sensitive subgroups, may be exposed without any adverse health effects during a lifetime or part of a lifetime. Site-specific remediation standards for systemic toxicants shall incorporate an adequate margin of safety and shall take into account cases in which two or more systemic toxicants affect the same organ or organ system; and  (9) the site-specific remediation standards for each medium shall be adequate to avoid foreseeable adverse effects to other media or the environment that are inconsistent with the risk-based approach under this section.  HISTORY: 1981 Act No. 178 Part II Section 11; 1992 Act No. 267, Section 1; 2000 Act No. 258, Section 3; 2017 Act No. 16 (S.181), Section 1, eff May 9, 2017; 2022 Act No. 199 (H.4999), Section 1, eff May 16, 2022.  Effect of Amendment  2017 Act No. 16, Section 1, added (B)(3), making the Federal Superfund Recycling Equity Act applicable to the South Carolina Hazardous Waste Management Act.  2022 Act No. 199, Section 1, rewrote the section, providing standards for conducting certain cleanup, removal, remediation, or other responses and site-specific remediation standards.
 All hazardous waste treatment and disposal facilities in South Carolina shall give preference to hazardous waste generators within the State of South Carolina for treatment and disposal of hazardous materials at licensed facilities in the State.  HISTORY: 1989 Act No. 196, Section 5.  Validity  For the validity of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
 The Department of Health and Environmental Control, in its discretion, shall assign not more than two full-time health inspectors to serve at each commercial hazardous waste treatment, storage, and disposal facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous waste at these sites. For any facilities to which a full-time inspector is not assigned, there must be one or more inspectors who shall monitor these facilities on a rotating basis.  The department shall implement a fee schedule to cover the costs of implementing this inspection program and the fees must be collected by the facilities from the hazardous waste generators utilizing these sites.  HISTORY: 1983 Act No. 64; 1990 Act No. 612, Part II, Section 73; 1991 Act No. 171, Part II, Section 42A.
 The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.  HISTORY: 2008 Act No. 353, Section 2, Pt 5F.1, eff July 1, 2008.
 (A) Upon written request of the department, the entity providing financial assurance for a hazardous waste treatment or disposal facility or site regulated under this chapter shall furnish to the department information concerning its financial integrity, as shall be specified in the department's request to permit the department to review the nature, degree, and sufficiency of the financial assurances submitted by such entity. Information pertaining to the financial integrity of any parent, subsidiary, or affiliated corporations may also be required, in the event such parent, subsidiary, or affiliated corporation provides, in whole or in part, the financial assurances required by the department. The information required by this subsection may include, but not be limited to, a certified audited financial statement, a balance sheet, and a profit and loss statement.  (B) If, in the judgment of the department, the information referred to in subsection (A) is not furnished within a reasonable time or if so furnished is not satisfactory to the department, the department shall give by written notice to such entity the particulars in which such information is insufficient to permit the department to review the nature, extent, and sufficiency of the required financial assurance and such entity shall have a reasonable time in which to comply with the requirements of such notice in the particulars therein mentioned.  (C) If it is desired for any reason to verify the information furnished under subsection (A) or (B), the department in person or by its agents shall make such examination of the records of and such inspections of the properties of the entities referred to in subsection (A) as shall be necessary to procure the information required. Upon sufficient notice, the department may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the department may designate. The expense of the necessary examination or inspection for the procuring of the information must be paid by the party so examined or inspected. The expenses may be collected by suit or action, if necessary, except that if the examination and inspection and reports thereof disclose that a sufficient response had previously been made pursuant to the requirements of the department in regard thereto the expense of making the examination and inspection must be paid out of the funds of the department.  HISTORY: 1989 Act No. 196, Section 1.
 The board shall promulgate such regulations, procedures or standards as may be necessary to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. Such regulations may prescribe contingency plans; the criteria for the determination of whether any waste or combination of wastes is hazardous; the requirements for the issuance of permits required by this chapter; standards for the transportation, containerization, and labeling of hazardous wastes consistent with those issued by the United States Department of Transportation; operation and maintenance standards; reporting and record keeping requirements; and other appropriate regulations.  HISTORY: 1978 Act No. 436 Section 3.
 As used in this article:  (A) "Discharge" means leakage, seepage, or other release.  (B) "Hazardous materials" means all materials and substances defined as hazardous by any state or federal law or regulation.  (C) "Person" means any individual, partnership, corporation, association, or other entity.  HISTORY: 1984 Act No. 397, Section 1.
 Any person who in good faith gratuitously provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean up, or dispose of any such discharge, is not subject to civil damages unless an injury or damages result from the gross negligence, recklessness, or intentional misconduct of such person.  HISTORY: 1984 Act No. 397, Section 2.
 The immunities provided in Section 44-56-320 apply only to any person:  (A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwise be liable therefor, or  (B) Who renders such assistance or advice voluntarily and without compensation, or who is an employee of an industry, corporation, or group which renders such advice or assistance without compensation.  HISTORY: 1984 Act No. 397, Section 3.
 The department shall promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities to more effectively ensure long-term protection of human health and the environment. These standards shall be based solely upon the protection of human health and the environment.  The department shall have site suitability criteria promulgated and established no later than June 1, 1990.  Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet the conditions of the permit.  HISTORY: 1989 Act No. 196, Section 2.
 To carry out the provisions and purposes of this chapter, the department is authorized to:  1. Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems appropriate, with other state, federal or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;  2. Receive financial and technical assistance from the federal government and private agencies;  3. Participate in related programs of the federal government, other states, interstate agencies or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data and information which may be required by the Federal Resource Conservation and Recovery Act of 1976;  4. Establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary upon request of affected persons.  HISTORY: 1978 Act No. 436 Section 13.
 The purpose of the South Carolina Drycleaning Facility Restoration Trust Fund is to collect and manage funds for the investigation and remediation of environmental contamination arising from the operation of eligible drycleaning facilities and eligible wholesale supply facilities. The Department of Revenue shall collect, and enforce the payment of surcharges and fees, which constitute the fund, as required by this article. The Department of Health and Environmental Control shall administer the fund to ensure that the sites that pose the greatest threat to human health and the environment are remediated first and that the remediation is accomplished in compliance with this article.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.
 As used in this article:  (1) "Contaminated site" means any drycleaning facility or wholesale supply facility and surrounding area where drycleaning solvent has been deposited, stored, disposed of, released, placed, or otherwise come to be located; but does not include any consumer product in consumer use or any container. In order for a site to be a contaminated site it must have documented evidence of contamination from drycleaning solvent.  (2) "Department" means the Department of Health and Environmental Control.  (3) "Drycleaning facility" means a professional commercial establishment located in this State for the purpose of cleaning clothing and other fabrics utilizing a process that involves the use of drycleaning solvent. In the case of a retail establishment, the establishment is one that operates or has at sometime in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics for members of the public, other drycleaning facilities, and dry drop-off facilities. In the case of a wholesale establishment, the establishment is one that operates or has at sometime in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics for other drycleaning facilities or dry drop-off facilities. "Drycleaning facility" includes laundry facilities that are using or have used drycleaning solvent as part of their cleaning process but does not include textile mills, uniform rental and linen supply facilities, or drycleaning facilities owned or operated by a local, state, or federal government.  (4) "Drycleaning solvent" means nonaqueous solvents used in the cleaning of clothing and other fabrics and includes halogenated drycleaning fluids and nonhalogenated drycleaning fluids, and their breakdown products. "Drycleaning solvent" includes solvent that has been recycled for use at a drycleaning facility and applies only to those solvents used at a drycleaning facility or handled by a wholesale supply facility.  (5) "Dry drop-off facility" means a commercial retail business (including routes) that receives clothing and other fabrics, from customers, for drycleaning or laundering at an off-site drycleaning facility.  (6) "Employee" means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Department of Employment and Workforce or Department of Revenue as required by law. Excluded from the meaning of the term "employee" are owners of drycleaning facilities and family members of owners, regardless of the level of consanguinity, if the family members are not employed and not compensated pursuant to the definition of the term "employee" contained in this item. Part-time employees who are employed and paid for fewer than thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unless their hours and weeks of employment, when combined with the hours and weeks of employment of another or other part-time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year.  (7) "Existing drycleaning facility" means a drycleaning facility that started operation before November 24, 2004.  (8) "Former drycleaning facility" means a drycleaning facility that ceased to be operated as a drycleaning facility before July 1, 1995.  (9) "Fund" means Drycleaning Facility Restoration Trust Fund.  (10) "Halogenated drycleaning fluid" means any nonaqueous solvent formulated, in whole or in part, with ten percent or more by volume of any of the halogenated compounds including, but not limited to, chlorine, bromine, fluorine, or iodine. Halogenated drycleaning fluids include, but are not limited to, the known solvents perchloroethylene (also known as tetrachloroethylene or perc), n-propyl bromide, and any breakdown components of them.  (11) "New drycleaning facility" means a drycleaning facility that started operation on or after November 24, 2004.  (12) "Nonaqueous solvent" means any cleaning formulation designed to minimize swelling of fabric fibers and containing less than fifty-one percent of water by volume.  (13) "Nonhalogenated drycleaning fluid" means any nonaqueous solvent used in a drycleaning facility that contains less than ten percent by volume of any halogenated drycleaning fluid. Nonhalogenated drycleaning fluid includes petroleum based drycleaning solvents and any breakdown components of them.  (14) "Person" means an individual, partnership, corporation, association, trust, estate, receiver, company, limited liability company, or another entity or group.  (15) "Property owner" means a person who is vested with ownership, dominion, or legal or rightful title to the real property or who has a ground lease interest in the real property on which a drycleaning or wholesale supply facility is or has ever been located.  (16) "Release" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of drycleaning solvent.  (17) "Route" means a commercial business that receives by mobile means clothing and other fabrics, from customers, for drycleaning or laundering at an off-site drycleaning facility.  (18) "Wholesale supply facility" means a commercial establishment that supplies drycleaning solvent to drycleaning facilities.  HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 2, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  2004 Act No. 237, Section 11, provides in part as follows:  "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
 (A) There is created in the state treasury a separate and distinct account called the "Drycleaning Facility Restoration Trust Fund", revenue for which must be collected and enforced by the Department of Revenue, and the fund must be administered by the department and expended for the purposes of this article. However, the department may contract for the administration of the fund or any part of the administration of the fund. Judgments, recoveries, reimbursements, loans, surcharges and fees imposed and collected pursuant to this article except for administrative costs retained by the Department of Revenue, and other fees and charges related to the implementation of this article must be credited to the fund. Payments made out of the fund must be made in accordance with the provisions of this article. The State accepts no financial responsibility as a result of the creation of the fund. The creation of the fund creates no burden upon the State to provide monies for the fund by any mechanisms other than as provided in this article. The State may recover to the fund any disbursements from the fund which were not utilized in accordance with this article.  (B) The board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the release of drycleaning solvent to soil or waters of the State. This moratorium applies only to those sites deemed eligible as defined in Section 44-56-470. The board may review and determine the appropriateness of the moratorium as needed. The review by the board must include, but is not limited to, consideration of these factors:  (1) the solvency of the fund as described in this article;  (2) prioritization of the sites;  (3) public health concerns related to the sites;  (4) eligibility of the sites; and  (5) corrective action plans submitted to the department. After review, the board may suspend all or a portion of the moratorium if necessary.  (C) If incidents of contamination by drycleaning solvent related to the operation of an eligible contaminated site pose a threat to the environment or the public health, safety, or welfare, the department may expend monies available in the fund to provide for:  (1) the prompt investigation and assessment of the contaminated sites; however, the owner or operator of a drycleaning facility or wholesale supply facility or a property owner shall pay for the cost of the investigation and assessment up to the amount of the owner's, operator's, or property owner's deductible, and the department only shall provide monies that exceed the owner's, operator's, or property owner's deductible;  (2) the expeditious treatment, restoration, or replacement of potable water supplies;  (3) the remediation including the operation maintenance and monitoring of eligible contaminated sites, which consist of remediation of affected soil, groundwater, and surface waters, using the most cost-effective alternative that is reliable and feasible technologically and that provides adequate protection of the public health, safety, and welfare and minimizes environmental damage in accordance with the site selection;  (4) the expenses of administering the fund by the department including the employment of department staff to carry out the department's duties described in this article; however, the department may exclude five percent of the average annual collections of the fund or the amount required to fund four employees and the administrative costs associated with these employees, whichever is greater.  (D) The fund may not be used to:  (1) pay for activities in subsection (C) if the activities at a site are or were not related to the operation of a drycleaning facility or wholesale supply facility;  (2) pay for activities in subsection (C) if the activities are for a contaminated site that is proposed for listing or is listed on the State Priority List or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any site that is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended;  (3) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a drycleaning facility or wholesale supply facility or a property owner under local, state, or federal law;  (4) pay for activities in subsection (C) if the costs were incurred before July 1, 1995;  (5) pay any costs to landscape or otherwise artificially improve a contaminated site;  (6) pay for activities in subsection (C) where the costs were incurred before the actual date of the first payment of registration fees for the site pursuant to Section 44-56-440(B);  (7) pay any costs for work not approved by the department in accordance with this article or regulations promulgated pursuant to this article;  (8) pay for activities in subsection (C) at sites that are uniform rental and linen supply facilities unless the site was operated on or after July 1, 1995, as a drycleaning facility for garments or fabrics belonging to the public and has participated in the fund;  (9) pay for activities in subsection (C) at sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facilities unless they qualify pursuant to Section 44-56-470(C);  (10) pay any costs that may be associated with, but are not integral to, site assessment and/or remediation; and  (11) pay for activities in subsection (C) at a drycleaning facility that has been contaminated as a result of a release by a wholesale supplier during the delivery of drycleaning solvent until it has first been remediated by the full amount of the wholesale supplier's insurance.  HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 3, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  2004 Act No. 237, Section 11, provides in part as follows:  "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
 (A) Notwithstanding another provision of this article, this article does not apply to a drycleaning facility that possesses a drycleaning facility exemption certificate issued by the Department of Revenue on or after July 1, 2009. A drycleaning facility exemption certificate may be issued by the Department of Revenue only if the drycleaning facility meets all of the following requirements:  (1) the drycleaning facility was in existence on July 1, 1995;  (2)(a) the drycleaning facility has only drycleaned with nonhalogenated drycleaning fluids; or  (b) the drycleaning facility drycleaned with halogenated drycleaning fluids and nonhalogenated drycleaning fluids and elected to remove the site from the requirements of this article by notification made to the Department of Revenue before October 1, 1995;  (3)(a) the drycleaning facility never participated in the fund through payment of any surcharges or fees imposed pursuant to this article; or  (b) paid an initial registration fee in 1995 and operated as an exempt drycleaning facility the following year and subsequent years up until 2009. A drycleaning facility described pursuant to subsection (A)(3)(b) of this section shall have any payments made after July 1, 2009, refunded by the Department of Revenue;  (4) the drycleaning facility requested a drycleaning facility exemption certificate from the Department of Revenue by December 31, 2009; and  (5) the department has verified that the drycleaning facility has met the requirements contained in items (1) through (4) for the issuance of the drycleaning facility exemption certificate to the drycleaning facility.  (B) If the ownership or operation of a drycleaning facility that possesses a drycleaning facility exemption certificate is transferred to another person after December 31, 2009, the new owner or operator shall request and must be provided an updated drycleaning facility exemption certificate from the Department of Revenue; otherwise the certificate remains current.  (C) The drycleaning facility exemption certificate authorized pursuant to this section only applies to the physical location at which the drycleaning took place and is not transferable to any other physical location.  (D)(1) This article does not apply to dry drop-off facilities where the clothing or other fabrics are cleaned only by a drycleaning facility that meets all of the following conditions:  (a) the drycleaning facility is owned or operated by the same person that owns or operates the dry drop-off facility and the drycleaning facility has been issued a drycleaning facility exemption certificate pursuant to this section;  (b) the owner or operator of the drycleaning facility, or related entity, does not own or operate a drycleaning facility that is required to participate in the fund through payment of surcharges or fees imposed pursuant to this article; and  (c) the owner or operator of the drycleaning facility, or related entity, does not own any property on which a drycleaning facility is protected by the moratorium pursuant to Section 44-56-420(B).  (2) This article does not apply to dry drop-off facilities where the clothing or other fabrics are cleaned only by a drycleaning facility that complies with subsection (D)(1), and the dry drop-off facility is not being operated at a property on which a drycleaning facility is protected by the moratorium pursuant to Section 44-56-420(B).  (3) If an owner or operator of a drycleaning facility, or related entity, who complies with subsection (D)(1), purchases the business of a drycleaning facility that participates in the fund, and the owner or operator uses that location only as a dry drop-off facility, this article will not apply to that dry drop-off facility if the drycleaning business was closed and not operating when it was purchased.  (E) A drycleaning facility that is in possession of a drycleaning facility exemption certificate is permanently barred from receiving monies from the fund, and the moratorium provided for in Section 44-56-420(B) does not apply.  (F) The department may direct the Department of Revenue in writing to allow a property owner to register if the property owner can demonstrate to the department that they have not been notified pursuant to Section 44-56-435(A) and did not have reason to know of this article for more than ninety days prior to requesting registration. The property owner registering pursuant to this subsection is liable for payment of all taxes or fees, including interest, from the later of July 1, 1995, or the date the drycleaning facility began operating; however, the registering property owner is not liable for penalties.  HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 9, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 1976 Code Section 44-56-485; 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  2004 Act No. 237, Section 11, provides in part as follows:  "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
 (A) The department is required to report each January fifteenth the current financial position of the fund to the General Assembly. In addition, the department shall include projected information that would enable the General Assembly to determine the solvency of the fund. At a minimum this must include a five-year budget projection. This report also must review and comment on the adequacy of the current program in resolving contamination problems at both operating and closed drycleaning facilities and wholesale supply facilities in this State.  (B) The department shall promulgate regulations to establish priorities for assessment and remediation at eligible contaminated sites. The department shall provide for the assessment and remediation of eligible contaminated sites consistent with these regulations and other provisions of this article.  (C) The department shall administer the assessment and remediation portions of the program through direct payments to contractors actually accomplishing the site assessment and remediation and not through reimbursement to drycleaning or wholesale supply facility owners, operators, or property owners. All services related to site assessment and remediation must be preapproved by the department before performance in order to receive payment for services rendered.  (D) The department may not expend more than five hundred fifty thousand dollars from the fund annually to pay for the costs at any one contaminated site for the activities described in Section 44-56-420(C).  (E) The department in its sole discretion may use other funds to pay the cost of a cleanup if the department declares a contaminated site is an emergency and if the committed money in the fund exceeds the current balance or the amount committed to a contaminated site has reached the maximum allowable expenditure as required in subsection (D). However, once the fund has an available uncommitted balance, the department's other sources of money that paid for the approved emergency cleanup may be reimbursed for the costs incurred through annual payments that may not exceed five percent of the total fund's average annual balance. The fund may not obligate itself for more than it is estimated to generate through surcharges and fees.  (F) Nothing in this article subjects the department to liability for any action that may be required of the owner, operator, or person by a private party or a local, state, or federal governmental entity.  (G) Nothing in this article may restrict the department from temporarily postponing rehabilitation work on a site in order to make funds available to perform work on another contaminated site with a higher priority.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  Prior Laws: Former Section 44-56-430 was titled Environmental surcharge, and had the following history: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 4, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
 (A) The Department of Revenue shall distribute registration forms to owners and operators of drycleaning and wholesale supply facilities and to property owners. The Department of Revenue shall use reasonable efforts to identify and notify owners, operators, and property owners of drycleaning and wholesale supply facilities of the registration requirements by certified mail, return receipt requested. The Department of Revenue shall provide to the department a copy of each applicant's registration materials within thirty working days of the receipt of the materials.  (B) The Department of Revenue shall administer, collect, and enforce the surcharges and fees in Sections 44-56-440, 44-56-450, and 44-56-460 in the manner that the sales and use taxes are administered, collected, and enforced under Chapter 36, Title 12, except that no timely payment discount or exemptions or exclusions are allowed. The provisions of Title 12 apply to the collection and enforcement of the surcharges and fees by the Department of Revenue.  (C) The Department of Revenue shall retain funds for the costs incurred to collect and enforce the fund that may include a part-time employee with the related expenses for audit purposes. The funds withheld must not exceed the actual costs to administer, collect, and enforce the fund. The proceeds of the registration fee and surcharges, after deducting the costs incurred by the Department of Revenue in auditing, collecting, distributing, and enforcing payment of the registration fee and the surcharges, must be remitted to the State Treasurer and credited to the fund. For the purposes of this article, the proceeds of the registration fee and the surcharges include all funds collected and received by the Department of Revenue, including interest and penalties on delinquent fees and surcharges.  (D) The Department of Revenue may establish audit procedures and assess delinquent registration fees and surcharges.  (E) The Department of Revenue, in addition to all other penalties authorized by this article and in addition to the provisions of Section 12-54-90, may revoke one or more certificates of registration of any owner or operator of a drycleaning facility for failure to remit any taxes, surcharges, or fees due by the owner or operator pursuant to this article or Title 12 or when the owner or operator fails, neglects, violates, or refuses to comply with the provisions of Section 44-56-440.  (F) The Department of Revenue shall create and update an annual report of all drycleaning facilities in the State. This report must identify those that have a drycleaning facility exemption certificate and must provide the status of the annual certificates of registration for those in the fund. The Department of Revenue shall publicize the report and distribute it as widely as practical on October thirtieth of each year to interested parties including, but not limited to, wholesale suppliers, dry cleaners, the department, and other interested parties.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.
 (A)(1) The owner or operator of a drycleaning facility shall register with and pay initial registration fees to the Department of Revenue for each drycleaning facility in operation, and pay annual or quarterly renewal registration fees as established by the Department of Revenue. The fee must be accompanied by a notarized certification from the owner or operator of the drycleaning facility, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner or operator of the drycleaning facility for the twelve-month period preceding payment of the fee.  (2)(a) The property owner of the drycleaning facility may register the site if the owner or operator of the drycleaning facility does not register a site under the provisions of this section. Upon registration by the property owner, the owner or operator of the drycleaning facility must be notified by the Department of Revenue of the registration, and the owner or operator of the drycleaning facility shall comply with all applicable provisions of this article, including the payment of subsequent renewal fees imposed under subsection (B).  (b) The property owner shall obtain a notarized certification from the owner or operator of the drycleaning facility, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner or operator of the drycleaning facility and his dry drop-off facilities for the twelve-month period preceding payment of the fee and shall remit the fee imposed pursuant to subsection (B). If the property owner is unable to obtain information as to the number of employees at the site, the property owner shall remit the fee imposed pursuant to subsection (B)(3) in order to register the site.  (B) An initial and annual registration fee for each drycleaning facility with:  (1) up to four employees is seven hundred fifty dollars;  (2) five to ten employees is one thousand five hundred dollars;  (3) eleven or more employees is two thousand two hundred fifty dollars.  A drycleaning facility that possesses a drycleaning facility exemption certificate issued pursuant to Section 44-56-425 is exempt from the fee imposed pursuant to this section.  (C) Each drycleaning facility registered in accordance with this section must be issued an annual drycleaner's certificate of registration by the Department of Revenue. The certificate of registration authorized pursuant to this section is valid beginning the first day of October following the registration and ending on the last day of the following September. In the case of a new drycleaning facility registered in accordance with this section, the certificate of registration authorized pursuant to this section is valid beginning on the day it is issued and ending on the last day of the following September.  (D) In order to purchase or receive drycleaning solvent from a wholesale supply facility or another drycleaning facility, a drycleaning facility shall provide the supplier of drycleaning solvent a copy of its current certificate of registration or drycleaning facility exemption certificate issued pursuant to Section 44-56-425, whichever is applicable.  (E) Drycleaning solvent only must be purchased from a solvent supplier who is registered pursuant to Section 44-56-460(B).  (1) A wholesale supply facility is prohibited from selling or transferring drycleaning solvent to any drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425.  (2) A drycleaning facility is prohibited from selling or transferring drycleaning solvent to any other drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425. This prohibition applies even if the same person owns or operates both drycleaning facilities.  (3) A drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425, is prohibited from purchasing or receiving drycleaning solvent.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  Prior Laws: Former Section 44-56-440 was titled Moratorium established on administrative and judicial actions by department, and had the following history: 1995 Act No. 119, Section 1; 2000 Act No. 317, Section 2; 2004 Act No. 237, Section 5, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
 (A)(1) An environmental surcharge equal to one percent of the gross proceeds of sales of laundering and drycleaning services is imposed upon every owner or operator of a retail drycleaning facility or a dry drop-off facility.  Exempt from the environmental surcharge imposed in this section are:  (a) drycleaning facilities that possess a drycleaning facility exemption certificate issued pursuant to Section 44-56-425;  (b) dry drop-off facilities exempt pursuant to Section 44-56-425(D); and  (c) wholesale sales of drycleaning services provided to another drycleaning facility or a dry drop-off facility.  (2) At any time the uncommitted balance of the fund account exceeds five million dollars, the one percent of the gross proceeds of sales of drycleaning surcharge is suspended until that time the uncommitted balance of the trust fund account becomes less than one million dollars. The department is responsible for notifying the Department of Revenue when these amounts have been reached. The suspension of the environmental surcharge occurs at the end of the month in which the Department of Revenue is notified by the department. The lifting of the suspension occurs on the first day of the month following the month in which the Department of Revenue is notified by the department.  (B) The surcharge imposed by this section is due and payable on the twentieth day of each month for the preceding month. The Department of Revenue may authorize the quarterly, semiannual, or annual payment of this surcharge. The surcharge must be reported on forms and in the manner determined by the Department of Revenue.  HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 4, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 1976 Code Section 44-56-430; 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  2004 Act No. 237, Section 11, provides in part as follows:  "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."  2009 Act No. 14 Section 2, provides as follows:  "This act takes effect upon approval by the Governor; however, the amendments to the impositions of the surcharges and fees imposed pursuant to Sections 44-56-430(A), 44-56-470(A), 44-56-480(A), and 44-56-480(D) of the 1976 Code, as amended in Section 1 of this act, take effect March 1, 2010."  Prior Laws: Former Section 44-56-450 was titled Reporting of discharged drycleaning solvent causing contamination, and had the following history: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 6, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
 (A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, importing into, or causing to be imported into the State drycleaning solvent. A surcharge of ten dollars per gallon on halogenated drycleaning fluid and two dollars per gallon on nonhalogenated drycleaning fluid is levied on each gallon to be used for drycleaning purposes when imported into or produced in the State. Nonhalogenated drycleaning fluids purchased, produced, or transported in a nonliquid physical state must be assessed a surcharge of twenty cents per pound. Exempt from the surcharge imposed pursuant to this section are sales or distributions to, or purchases or receipts by, drycleaning facilities that possess a drycleaning facility exemption certificate issued pursuant to Section 44-56-425.  (B) A person producing in, importing into, or causing to be imported into this State drycleaning solvent for sale, use, or otherwise shall register with the Department of Revenue and become licensed for the purposes of remitting the surcharge pursuant to this section. The person shall register as a producer or importer of drycleaning solvent. Persons operating as a producer or importer of drycleaning solvent at more than one location only are required to have a single registration. The fee for registration is thirty dollars.  (C) The surcharge imposed by this section is due and payable on or before the twentieth day of the month succeeding the month of production, importation, or removal from a storage site. The surcharge must be reported on forms and in the manner determined by the Department of Revenue. The surcharge report must include the name, address, and quantity of solvent sold to each drycleaning facility during the month. This information is not subject to the Freedom of Information Act and is not available for distribution to the Drycleaning Advisory Council.  (D) All drycleaning solvent to be used for drycleaning purposes which are imported, produced, or sold in this State are presumed to be subject to the surcharge imposed by this section. An owner or operator of a drycleaning facility participating in the fund who has purchased drycleaning solvent for use, consumption, resale, or distribution in this State shall document that the surcharge imposed by this section has been paid or shall pay the surcharge directly to the Department of Revenue in accordance with subsection (C). The solvent dealer may pass the costs of the surcharge to any owner or operator of a drycleaning facility who has purchased drycleaning solvent for use, consumption, resale, or distribution in this State, except no surcharge may be imposed on drycleaning solvent supplied to a drycleaning facility that possesses a drycleaning facility exemption certificate issued pursuant to Section 44-56-425.  (E) The surcharge imposed by this section must be remitted to the Department of Revenue. The payment must be accompanied by the forms prescribed by the Department of Revenue.  (F) Drycleaning solvent exported out of State from the storage site at which the producer or importer holds it in this State is exempt from the surcharge authorized pursuant to this section. Anyone exporting drycleaning solvent on which the surcharge has been paid may apply for a refund or credit. A person who sells drycleaning solvent that is exempt from the collection of the surcharge pursuant to subsection (D) may apply for a credit or refund. The Department of Revenue may require information it considers necessary in order to approve the refund or credit.  (G) The Department of Revenue may authorize:  (1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarter did not exceed one hundred dollars;  (2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six months did not exceed two hundred dollars;  (3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve months did not exceed four hundred dollars.  HISTORY: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 8, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009; 1976 Code Section 44-56-480; 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  2004 Act No. 237, Section 11, provides in part as follows:  "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."  2009 Act No. 14 Section 2, provides as follows:  "This act takes effect upon approval by the Governor; however, the amendments to the impositions of the surcharges and fees imposed pursuant to Sections 44-56-430(A), 44-56-470(A), 44-56-480(A), and 44-56-480(D) of the 1976 Code, as amended in Section 1 of this act, take effect March 1, 2010."  Prior Laws: Former Section 44-56-460 was titled Priorities for rehabilitation at contaminated facilities, and had the following history: 1995 Act No. 119, Section 1; 1998 Act No. 419, Part II, Section 64A; 2009 Act No. 14, Section 1, eff May 6, 2009.
 (A) In order for the department to expend fund money, a wholesale supply facility or drycleaning facility must be deemed eligible under this section and stay in compliance with this article and regulations promulgated pursuant to this section to remain eligible. In order for the department to determine eligibility, the owner, operator, or the property owner shall submit a timely application on forms developed by the department for this purpose.  (B) A wholesale supply facility, new drycleaning facility, or existing drycleaning facility is deemed eligible under this section only if:  (1) the owner, operator, or property owner of the drycleaning facility, has registered with and has paid all annual fees, surcharges, and solvent fees as required by the Department of Revenue;  (2) the wholesale supply facility or drycleaning facility, is determined by the department to be in compliance with this article and department regulations governing drycleaning facilities or wholesale supply facilities;  (3) the drycleaning facility is covered by third-party liability insurance when and if the insurance becomes available at a reasonable cost, as determined by the Department of Insurance, and if the insurance covers liability for contamination that occurred both before and after the effective date of the policy;  (4) the owner, operator, or property owner of the wholesale supply facility or drycleaning facility submitted an application for determination of eligibility;  (5) the wholesale supply facility or drycleaning facility has not been operated in a grossly negligent manner at any time after November 18, 1980; and  (6) the owner, operator, or property owner of the wholesale supply facility or drycleaning facility submits documented evidence of contamination to the department within six months of discovery if discovery was after November 24, 2004.  (C) A former drycleaning facility is deemed eligible under this section when:  (1) the owner or operator submitting an application for determination of eligibility has an operating drycleaning facility in the fund and every drycleaning facility under their control since July 1, 1995, meets the requirements of subsection (B); and  (2) the owner or operator submits documented evidence of contamination to the department within six months of discovery.  (D) Deductibles will be set as follows:  (1) When an owner, operator, or property owner of a wholesale supply facility, existing drycleaning facility, or former drycleaning facility submits an application for determination of eligibility:  (a) by November 24, 2005, the deductible is one thousand dollars;  (b) after November 24, 2005 and before December 31, 2014, the deductible is twenty-five thousand dollars; and  (c) on or after December 31, 2014, no applications will be accepted.  (2) When an owner, operator, or property owner of a new drycleaning facility submits an application for determination of eligibility, the deductible is twenty-five thousand dollars.  (E) The department shall review the application for determination of eligibility and request any additional information within ninety days of the date of receipt of the application. The department shall notify the applicant regarding the department's determination of eligibility status within one hundred eighty days of the date the department deems the application complete.  (F) Eligibility under this section applies to the site where the drycleaning facility or wholesale supply facility is located. Eligibility is not affected by the subsequent conveyance of the ownership of the business or the property on which the business is located. The new owner or operator shall remain in compliance with this article and department regulations governing drycleaning facilities or wholesale supply facilities to maintain eligibility.  (G) A drycleaning facility or wholesale supply facility is permanently barred from receiving monies from the fund, and the moratorium described in Section 44-56-420(B) does not apply if:  (1) the owner, operator, or the property owner does not submit an application for determination of eligibility in accordance with subsection (B) or subsection (C);  (2) the owner, operator, or the property owner does not provide documented evidence of contamination to the department within six months of discovery if the discovery was after November 24, 2004;  (3) the owner, operator, or the property owner of a drycleaning facility or wholesale supply facility denies the department access to the property; or  (4) the owner, operator, or the property owner of a drycleaning facility misrepresents the number of employees upon which the registration fee described in Section 44-56-440 is based.  (H) A report of drycleaning solvent contamination at a drycleaning facility made to the department by a person in accordance with this article or department regulations governing drycleaning facilities may not be used directly as evidence of liability for the release in a civil or criminal trial arising out of the release.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  Prior Laws: Former Section 44-56-470 was titled Annual registration and fees for drycleaning facilities, and had the following history: 1995 Act No. 119, Section 1; 1998 Act No. 419, Part II, Section 64B; 2000 Act No. 317, Section 1; 2004 Act No. 237, Section 7, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
 (A) Owners or operators of existing drycleaning facilities shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvent is used and around an area in which solvents or waste containing solvents are stored. Owners or operators of new drycleaning facilities shall install containment structures before the commencement of operations and before delivery of any drycleaning solvent to the drycleaning facility. Owners or operators of operating drycleaning facilities shall maintain all containment structures while the drycleaning facility remains in operation and shall certify every five years, that the conditions at their drycleaning facility meet the requirements of subsection (A) by completing a certification form as required by the department. The containment must meet the following criteria:  (1) dikes or containment structures around machines:  (a) for existing drycleaning facilities the dikes or containment structures must be capable of containing one-third of the total tank capacity of each machine that does not have a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater;  (b) for new drycleaning facilities, the owners or operators shall install beneath each machine or item of equipment in which drycleaning solvent is used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater;  (2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure;  (3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvent in use at the drycleaning facility, including floor surfaces, floor drains, floor joints, and inner dike walls;  (4) to the extent practicable, an owner or operator of a drycleaning facility or property owner shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvent may leak, spill, or otherwise be released;  (5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and  (6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by drycleaning solvent in use at the drycleaning facility for not less than seventy-two hours.  (B) The property owner or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations.  (C) Effective January 1, 2010, all halogenated solvents must be delivered by a closed-loop delivery system.  (D) Failure to comply with the requirements of this section constitutes gross negligence that may permanently bar the drycleaning facility from receiving monies from the fund, and the moratorium provided for in Section 44-56-420(B) does not apply to this drycleaning facility.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.  Editor's Note  Prior Laws: Former Section 44-56-480 was titled Surcharge on drycleaning solvent and halogenated drycleaning fluid, and had the following history: 1995 Act No. 119, Section 1; 2004 Act No. 237, Section 8, eff May 24, 2004; 2009 Act No. 14, Section 1, eff May 6, 2009.
 The department may promulgate regulations to carry out the provisions of this article.  HISTORY: 2013 Act No. 30, Section 1, eff May 21, 2013.
 (A) If the department finds that a person is in violation of a provision of this article or a regulation promulgated pursuant to this article, the department may issue an order requiring the person to comply with this article or regulation promulgated pursuant to this article or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction.  (B) A person who violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article or regulation promulgated pursuant to this article is subject to a civil penalty not to exceed ten thousand dollars for each day of violation.  (C) A person who wilfully violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, may be fined not more than twenty-five thousand dollars for each day of violation or imprisoned for not more than one year, or both.  (D) A wholesale supply facility selling or providing drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation.  (E) A drycleaning facility selling or providing solvent to another drycleaning facility in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation.  (F) A drycleaning facility purchasing or receiving drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each purchase or receipt constitutes a separate violation.  (G) Failure to register as a producer or importer of drycleaning solvent pursuant to Section 44-56-460(B) before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person may be fined up to twenty-five thousand dollars or imprisoned up to thirty days.  HISTORY: 1995 Act No. 119, Section 1; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.
 (A) There is created the Drycleaning Advisory Council to advise the department on matters relating to regulations and standards that affect drycleaning and related industries.  (B) The council is composed of the following members:  (1) eight owners or operators of drycleaning facilities who are participating in this article;  (2) one representative of a wholesale supply facility;  (3) one representative of the drycleaners who have a Drycleaning Exemption Certificate issued by the Department of Revenue; and  (4) one representative from the department, who is an administrator.  (C) Members enumerated in subsections (B)(1) through (B)(3) are appointed by the board of the Department of Health and Environmental Control and shall serve terms of two years and until their successors are appointed. The chairman of the council is elected by the members of the council at the first meeting of each new term.  (D) An employee of the Department of Revenue shall attend meetings of the council to provide the council informal assistance as to matters involving the surcharges and fees that are imposed pursuant to this article and which are administered and collected by the Department of Revenue.  (E) The Department of Revenue may disclose to the department information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-450.  The Department of Revenue and the department may not disclose to the members enumerated in subsections (B)(1) through (B)(3) or to the public specific information on a return filed with the Department of Revenue pursuant to the provisions of Section 44-56-450; however, the Department of Revenue and the department may provide these members available statistical information concerning the surcharge imposed pursuant to Section 44-56-450.  HISTORY: 1995 Act No. 119, Section 1; 2009 Act No. 14, Section 1, eff May 6, 2009; 2013 Act No. 30, Section 1, eff May 21, 2013.
 Notwithstanding any other provision of this chapter, the director, upon receipt of information that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:  1. Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;  2. Requesting that the Attorney General commence an action enjoining such acts or practices. Upon a showing by the department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;  3. Issuing an order directing a response action by the department to eliminate the hazard and protect the public from exposure to the hazard; and  4. Requesting the Attorney General to commence an action to recover the costs of the response action from all parties liable under state or federal law.  HISTORY: 1978 Act No. 436 Section 10; 1985 Act No. 140, Section 4; 1993 Act No. 181, Section 1134.
 Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:  (1) a fee of thirteen dollars and seventy cents a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal;  (2) for all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of thirteen dollars and seventy cents a ton.  HISTORY: 1985 Act No. 140, Section 9; 1992 Act No. 501, Part II Section 18H.
 (A) The General Assembly finds:  (1) The existing commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources;  (2) It is essential that the limited waste treatment and disposal capacity of the existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first;  (3) The existing commercial land disposal facility as well as other hazardous waste treatment and disposal facilities must give preference to hazardous waste generators within the State for treatment and disposal of hazardous materials at licensed facilities in the State;  (4) The General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and  (5) Reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to reduce to the greatest extent possible the amount of hazardous waste treated and disposed of in this State.  (B) Based upon these findings, the General Assembly declares that:  (1) Landfilling is the least desirable method of managing hazardous waste and, in order to reduce potential risks to human health and the environment, reliance on landfilling must be reduced or eliminated when alternative disposal methods which are technologically and economically feasible are reasonably available within the State, through regional agreements between states, or through other means; and  (2) As this State reduces its reliance on landfilling through its waste minimization practices and other means, the amount of hazardous waste being shipped into this State for landfilling from locations outside of the State should be reduced and eliminated also.  HISTORY: 1990 Act No. 590, Section 1.  Validity  For the validity of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
 For the validity of (a), see Editors' Notes below.  (a)(1) In order to provide the General Assembly with the information it needs to accomplish the above goals, the Department of Health and Environmental Control shall evaluate annually the effects of new and existing waste management technologies, alternate methods of storage or disposal, recycling, incineration, waste minimization laws and practices, and other factors that tend to reduce the volume of hazardous waste. The results of the department's evaluation must be reported to the General Assembly not later than February first of each year, beginning in 1991, in a form that will permit the General Assembly to determine whether or not hazardous waste landfill capacity in this State should be reduced.  (2) No person may construct, substantially alter, or operate a hazardous waste treatment, storage, or disposal facility or site, nor may a person transport, store, treat, or dispose of hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning July 1, 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred twenty thousand tons of hazardous waste for the twelve-month period ending July 1, 1991. On July 1, 1991, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site.  (3) During a twelve-month period, the commissioner may allow land disposal by burial in excess of the limitation upon certification of the department that:  (A) disposal by land burial from a particular site in South Carolina is necessary to protect the health and safety of the people of this State; or  (B) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina.  During each twelve-month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year excluding capacity that was used to dispose of hazardous waste pursuant to subitem (A). No more hazardous waste from out of state shall be buried in South Carolina than was buried in the previous twelve-month period.  Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site.  (b) Any person who:  1. Owns or operates a facility required to have a permit under this section which facility is in existence on the effective date of this section;  2. Has complied with the requirements of Section 44-56-120; and  3. Has made an application for a permit under this section is deemed to have been issued the permit until such time as final administrative disposition of each application is made by the department, unless final administrative disposition of each application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.  (c) Before issuance of a permit, the Department shall require:  1. Evidence of liability coverage for sudden and nonsudden accidental occurrences in an amount the Department may determine necessary for the protection of the public health and safety, and the environment;  2. Evidence of financial assurance in the form and amount as the Department may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of a facility or site, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment. The Department shall assume continuing responsibility for environmental monitoring and for any response actions necessary to ensure the health and safety of the state's citizens for any hazardous waste disposal or treatment sites permitted under this chapter when the facilities, sites, or activities close and all responsibilities required of any other party by any state or federal law or regulation cease. The Department's responsibility for monitoring and response action is neither a limitation nor a termination of the liability of generators, transporters, or the operators of the facility under any provision of law or at common law.  3. Evidence of other financial assurance in such forms and amounts as the department determines to be necessary to ensure the adequate availability of funds for clean-up costs and restoration of environmental impairment arising from the facility.  HISTORY: 1978 Act No. 436 Section 4; 1983 Act No. 151 Part II Section 31C; 1984 Act No. 397, Section 4; 1985 Act No. 140, Section 5; 1989 Act No. 196, Section 6; 1990 Act No. 590, Section 2.  Validity  For the validity of (a) of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).  Editor's Note  The text of (a), prior to the amendment by 1990 Act No. 590, Section 2, read as follows:  "(a) No person shall construct, substantially alter, or operate any hazardous waste treatment, storage, or disposal facility or site, nor shall any person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity, Beginning on July 1, 1985, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site. Provided, however, that the Commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State.  "Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."
 All generators, transporters, and operators of hazardous waste storage, treatment, and disposal facilities shall utilize a manifest system as prescribed by the department to insure that all such hazardous waste generated is designated for storage, treatment, or disposal in storage, treatment, or disposal facilities, other than facilities on the premises where the waste is generated, which have been properly permitted for such purposes.  HISTORY: 1978 Act No. 436 Section 5; 1981 Act No. 96, Section 1.
 The purpose of the voluntary cleanup program is to:  (1) enable the expansion, redevelopment or return to use of industrial and commercial sites whose redevelopment is complicated by real or perceived environmental contamination;  (2) provide an incentive to conduct response actions at a site by providing nonresponsible parties a covenant not to sue, contribution protection, and third party liability protection, or by providing responsible parties with a covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports; and  (3) provide reimbursement to the department for oversight costs.  HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
 As used in this article:  (1) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. 9601, et seq.  (2) "Contaminant" includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; "contaminant" does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.  (3) "Contamination" means impact by a contaminant, petroleum, or petroleum product.  (4) "Department" means the South Carolina Department of Health and Environmental Control.  (5) "Nonresponsible party" means any party which is neither:  (i) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor  (ii) a parent, subsidiary of, or successor to a responsible party.  (6) "Oversight costs" means those costs, both direct and indirect, incurred by the department in implementing the voluntary cleanup program.  (7) "Petroleum" and "petroleum product" means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel.  (8) "Property" means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.  (9) "Response action" means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.  (10) "Responsible party" means:  (a) the owner and operator of a vessel or a facility, as these terms are defined in CERCLA;  (b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA;  (c) any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and  (d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and  (e) any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of Section 44-2-80(B) and (C) apply.  (11) "Site" means all areas where a contaminant, petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; "site" does not include any consumer product in consumer use or any vessel.  (12) "Voluntary cleanup" means a response action taken under and in compliance with this article.  (13) "Voluntary cleanup contract" means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup.  HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
 (A) A site known or perceived to be impacted by a contaminant, petroleum, or a petroleum product is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.  (B) A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site.  (C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, or return to use of the property are eligible to participate in the voluntary cleanup program.  HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
 (A)(1) A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at a minimum:  (a) submission of a work plan, health and safety plan, and provisions for written progress reports;  (b) a grant of access to perform and oversee response actions; and  (c) a legal description of the property.  (2) A voluntary cleanup contract shall stipulate that:  (a) the contract is not a release or covenant not to sue for any claim or cause of action against a responsible party who is not a signatory to the contract;  (b) the contract does not limit the right of the department to undertake future response actions;  (c) the contract becomes null and void if the responsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract;  (d) the contract is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract; and  (e) the contract's covenant not to sue must be revoked for a responsible party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.  (3) After signing a voluntary cleanup contract, the responsible party shall prepare and submit the appropriate work plans and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.  (4) A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the responsible party's signatories, parents, successors, assigns, and subsidiaries.  (5) A voluntary cleanup contract must give the responsible party the department's covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports. The covenant not to sue must be contingent upon the department's determination that the responsible party successfully and completely complied with the contract.  (B)(1) Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. If the department determines that a responsible party has successfully and completely complied with the contract and has successfully completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:  (a) provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries;  (b) indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and  (c) include a legal description of the property and the name of the property's owner.  (2) If the department determines that the responsible party has not completed the contract satisfactorily, the department shall notify in writing the responsible party and the current owner of the property, if different from the responsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.  (3) The covenant not to sue is revoked for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.  (C) The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200.  (D) Public participation procedures for a voluntary cleanup contract entered into by a responsible party shall follow the same guidelines for public participation as those for the State CERCLA program and not inconsistent with the National Contingency Plan.  (E)(1) The department or the responsible party may terminate a voluntary cleanup contract by giving thirty days advanced written notice to the other. The department may not terminate the contract without cause.  (2) The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.  (3) If, after receiving notice that costs are due and owing, the responsible party does not pay the department oversight costs associated with the voluntary cleanup in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.  (4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.  (F) The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.  HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
 (A)(1) Before entering into a voluntary cleanup contract, the nonresponsible party must:  (a) submit a Phase One Environmental Site Assessment conducted in accordance with all appropriate inquiry standards of CERCLA, or other evidence of conducting all appropriate inquiry in accordance with CERCLA;  (b) identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract;  (c) provide a legal description of the property; and  (d) describe the plan for the expansion, redevelopment, and return to use of the property.  (2) Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department that:  (a) it is not a responsible party at the site;  (b) it is not a parent, successor, or subsidiary of a responsible party at the site;  (c) its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and  (d) it is financially viable to meet the obligations under the contract.  (B)(1) A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum:  (a) an agreement to conduct the scope of work provided for in the contract and submission of a work plan prepared in accordance with the scope of work required by the department, health and safety plan, and provisions for written progress reports;  (b) a grant of access to perform and oversee response actions;  (c) a legal description of the property;  (d) a provision for the department to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and  (e) a provision that the department has an irrevocable right of access to the property once the property is acquired by the nonresponsible party. The right of access remains until a complete remediation is accomplished for unrestricted use.  (2) A voluntary cleanup contract shall stipulate that it:  (a) is not a release or covenant not to sue for any claim or cause of action against a party who is not a signatory to the contract;  (b) does not limit the right of the department to undertake future response actions;  (c) is not a release or covenant not to sue for claims against a party for matters not expressly included in the contract;  (d) does not release the nonresponsible party from liability for any contamination that the nonresponsible party causes or contributes to the site; and  (e) becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract.  (3) After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the appropriate work plans, health and safety plan, and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.  (4) A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the department's sole discretion, provide a measurable benefit to the State, the community, or the department.  (5) After considering existing and future use or uses of the property, the department may approve submitted work plans or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a site as long as the response action:  (a) is consistent and compatible with the proposed future use of the property;  (b) will not contribute to or exacerbate discharges, releases, or threatened releases;  (c) will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases; and  (d) requires deed notices or restrictions, or both, determined appropriate by the department, to be placed on the property after completion of the work plan.  (6) A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors. A voluntary cleanup contract executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.  (7) The voluntary cleanup contract may provide the nonresponsible party protection from claims for contribution under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200, et seq. of the 1976 Code regarding environmental conditions at the site before the signing of the contract. This protection may be granted at the conclusion of the period allowed for comment from the site's potentially responsible parties as identified through a reasonable search.  (C)(1) Upon completion of the contract, the nonresponsible party must submit a request to the department for a certificate of completion. If the department determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:  (a) provide the department's covenant not to sue the nonresponsible party for liability for existing contamination, except for releases and consequences that the nonresponsible party causes. This liability protection must not be granted or must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing failure to disclose material information, or failure to satisfactorily complete the approved work plan;  (b) indicate the proposed future land use and if a restrictive covenant is required, include a copy of the restrictive covenant to be entered into between the department and the nonresponsible party and record the restrictive covenant with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and  (c) include a legal description of the property and the name of the property's owner.  (2) If the department determines that the nonresponsible party has not completed the contract satisfactorily, the department shall notify in writing the nonresponsible party and the current owner of the property, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.  (3) The covenant not to sue, liability protection, and contribution protection provided in this section shall be revoked, after reasonable notice and opportunity to cure as provided for by subsections (C)(2) and (F)(1) of this section, for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.  (4) The covenant not to sue, liability protection, and contribution protection provided in this section may be revoked, after reasonable notice and opportunity to cure as provided for by subsections (C)(2) and (F)(1) of this section, for a party who fails to make material progress toward the expansion, redevelopment, or reuse of the property as provided for in the contract. These activities shall constitute cause to terminate the contract.  (D) The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200.  (E)(1) Upon signature of a voluntary cleanup contract by a nonresponsible party, the department shall provide notice and opportunity for public participation. Notification of the proposed contract must be placed in a newspaper in general circulation within the affected community. A comment period must be provided for thirty days from the date of newspaper publication. The public notice period must precede the department's scheduled date for execution of the contract. A public meeting must be conducted upon request to the department's Bureau of Land and Waste Management by twelve residents of South Carolina or an organization representing twelve or more residents of South Carolina. Under any other circumstances, a public meeting may be conducted at the department's discretion.  (2) Beginning with the thirty-day notice period and continuing through completion of the terms of the contract, the nonresponsible party must post a sign, in clear view from the main entrance to the property, stating the name, address, and telephone number of a contact person for information describing the property's response actions and reuse.  (F)(1) The department or nonresponsible party may terminate a voluntary cleanup contract by giving thirty days' advance written notice to the other. The department may not terminate the contract without cause.  (2) The covenant not to sue, liability protection, and contribution protection must be revoked for a party, or its successors, for conducting activities at the property that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.  (3) If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department oversight costs associated with the voluntary cleanup contract in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.  (4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.  (G) The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.  (H)(1) A nonresponsible party is not liable to any third party for contribution, equitable relief, or claims for damages arising from a release of contaminants, petroleum, or petroleum products that is the subject of a response action included in the nonresponsible party voluntary cleanup contract provided for in this section.  (2) This limitation of liability commences on the date of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party. This limitation of liability applies only to:  (a) the parties to the nonresponsible party voluntary cleanup contract and to the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors; and  (b) "existing contamination", as defined in the nonresponsible party voluntary cleanup contract.  This limitation of liability does not apply to any release caused by or attributable to the nonresponsible party or its lenders, signatories, parents, subsidiaries, or successors.  HISTORY: 2000 Act No. 258, Section 2; 2005 Act No. 123, Section 1, eff June 3, 2005; 2008 Act No. 342, Section 1, eff June 11, 2008.  Editor's Note  2008 Act No. 342, Section 3, provides as follows:  "This act takes effect upon approval by the Governor and applies to party voluntary cleanup contracts entered into pursuant to Section 44-56-750 on or after this act's effective date."
 Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements.  HISTORY: 2000 Act No. 258, Section 2; 2008 Act No. 342, Section 1, eff June 11, 2008.
 A. The department shall require:  1. the establishment and maintenance of such records;  2. the making of such reports;  3. the taking of such samples, and the performing of such tests or analyses;  4. the installing, calibrating, using, and maintaining of such monitoring equipment or methods;  5. the providing of such other information; as may be necessary to achieve the purposes of this chapter.  B. Information obtained by the department under this chapter shall be available to the public, unless the department certifies such information as being proprietary. The department may make such certification where any person shows, to the satisfaction of the department, that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection. Nothing in this subsection shall be construed as limiting the disclosure of information by the department to any officer, employee, or authorized representative of the State concerned with effecting this chapter, providing such person respects the proprietary nature of the information.  HISTORY: 1978 Act No. 436 Section 6.
 There is created within the State Treasury the Hazardous Waste Management Research Fund, separate and distinct from the general fund of the State, to ensure the availability of funds for the conduct of research related to waste minimization and reduction and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The fund must be financed in accordance with Section 44-56-160(B) and expended only in accordance with the provisions of this article.  HISTORY: 1989 Act No. 196, Section 3; 1992 Act No. 501, Part II Section 18I.
 The South Carolina Universities Research and Education Foundation is authorized to expend monies in the Hazardous Waste Management Research Fund only as provided in this article. The foundation shall establish a comprehensive research program with a primary emphasis on improving current hazardous waste management practices including, but not limited to, waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites. The fund must be used for research that will:  (1) have a direct and positive impact on waste minimization and reduction in this State;  (2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;  (3) provide research and recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors including, but not limited to, the development of more efficient and effective methods of cleaning up abandoned or uncontrolled hazardous waste sites;  (4) provide hazardous waste management education, training, and public information;  (5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment;  (6) provide research and recommendations on other waste management practices that may be identified through research conducted pursuant to this section.  HISTORY: 1989 Act No. 196, Section 3; 1993 Act No. 164, Part II, Section 62A.
 The foundation shall submit an annual report to the Hazardous Waste Management Select Oversight Committee created pursuant to Section 44-56-840 fully accounting for the expenditures of the fund and the results realized from the research program.  HISTORY: 1989 Act No. 196, Section 3.
 (A) There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated from the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. Notwithstanding any other provision of law, the committee is composed of:  (1) the Governor or his designee;  (2) the chairman of the House Agriculture and Natural Resources Committee or his designee;  (3) the chairman of the Senate Agriculture and Natural Resources Committee or his designee;  (4) the chairman of the House Labor, Commerce and Industry Committee or his designee;  (5) the chairman of the Senate Labor, Commerce and Industry Committee or his designee;  (6) the Director of the Department of Health and Environmental Control or his designee;  (7) one member representing business and industry appointed by the Governor;  (8) one public member appointed by the Governor; and  (9) one member representing environmental interests appointed by the Governor.  (B) The chairman of the Select Oversight Committee must be elected from the membership of the committee.  (C) The committee shall meet quarterly and shall submit annually a report to the General Assembly on all funds monitored under the provisions of this section before March fifteenth. Staff support must come from existing staff assigned by the committee.  (D) Members of the committee shall receive the usual per diem, subsistence, and mileage that is provided by law for members of state boards, committees, and commissions. Per diem, subsistence, and mileage must be paid from the Hazardous Waste Management Research Fund.  HISTORY: 1989 Act No. 196, Section 3; 1993 Act No. 164, Part II, Section 62B; 1993 Act No. 181, Section 1136; 2019 Act No. 1 (S.2), Section 93, eff January 31, 2019.  Effect of Amendment  2019 Act No. 1, Section 93, in (A), deleted (10), which related to the Lieutenant Governor or his designee, and made a nonsubstantive change.
 (a) For the purpose of enforcing this chapter and Sections 44-56-160 through 44-56-190, or any regulations authorized pursuant thereto, any authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time:  1. Enter any place where hazardous wastes are generated, stored, treated, or disposed of;  2. Inspect and copy any records, reports, information, or test results relating to the purpose of this chapter and Sections 44-56-160 through 44-56-190; and  3. Inspect and obtain samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. The Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge upon request. The Department shall also provide the owner, operator, or agent in charge a copy of the results of any analyses of such samples.  (b) For the purpose of implementing necessary governmental response actions as provided in Section 44-56-180, the Department or its authorized representative may, at any time, enter the premises of any publicly or privately owned property which it has determined to be an uncontrolled hazardous waste site. The owner or operator of such site shall cooperate fully with the department when such governmental response actions are taken.  HISTORY: 1978 Act No. 436 Section 7; 1983 Act No. 151 Part II Section 31D.
 As used in this chapter:  (1) "River basins" means that land area designated as the Catawba/Wateree, Yadkin/Pee Dee River Basins by the North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control.  (2) "Commissions" means the River Basins Advisory Commissions. The commissions shall be constituted as described below and there shall be a separate commission for each river basin.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
 (A) There is established the River Basins Advisory Commissions. The commissions shall be permanent bodies composed of members from the State of North Carolina and the State of South Carolina.  (B) The purpose of each commission shall be to:  (1) provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it considers necessary and appropriate, for the use, stewardship, and enhancement of the water, and other natural resources, for all citizens within the river basins;  (2) provide a forum for discussion of issues affecting the basin's water quantity and water quality, and issues affecting other natural resources;  (3) promote communication, coordination, and education among stakeholders within the river basins;  (4) identify problems and recommend appropriate solutions;  (5) undertake studies related to water quantity, water quality, and other natural resources in the basin based on existing data available from agencies located in either state;  (6) develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this item must be effective upon an affirmative vote by a majority of the commission members;  (7) establish standing and ad hoc committees, which must be constituted in a manner to ensure a balance between recognized interests and states. The commissions shall determine the purpose of each standing or ad hoc committee;  (8) determine the optimum approach to comprehensively and collaboratively provide recommendations for integrated river management including, but not limited to, the total assimilative capacity of the basin;  (9) seek, apply for, accept, and expend gifts, grants, donations, services, and other aid from public or private sources. The commissions may accept or expend funds only after an affirmative vote by a majority of the members of the commissions;  (10) exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same;  (11) enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the commissions;  (12) designate a fiscal agent;  (13) perform any lawful acts necessary or appropriate to achieve the purposes of the commissions.  (C) All of the authority granted to the River Basins Advisory Commissions shall be advisory in nature and in no way shall the commissions be construed to have any regulatory authority.  (D) The commissions shall have no authority to obligate or otherwise bind the State of North Carolina, the State of South Carolina, or any agency or subdivision of either state.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
 (A) The North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control shall provide staff support and facilities to each commission within the existing programs of the respective agencies.  (B) All agencies of the State of North Carolina and the State of South Carolina shall cooperate with the commissions and, upon request, shall assist each commission in fulfilling its responsibilities. The North Carolina Secretary of Environmental and Natural Resources and the Commissioner of the South Carolina Department of Health and Environmental Control or their designees shall each serve as the liaison between their respective state agencies and each commission.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
 Members of each commission shall elect a chairman, vice chairman, and those other officers as they consider necessary with the chairmanship to be rotated between the States of North Carolina and South Carolina.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
 (A) The Catawba/Wateree Commission shall be composed of fifteen members who reside in counties which abut the Catawba/Wateree River Basin as follows:  (1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives;  (2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate;  (3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives;  (4) two members of the South Carolina Senate, to be appointed by the President of the South Carolina Senate;  (5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission;  (6) one person from a nonprofit land conservation trust operating within the North Carolina portion of the basin, appointed by the Governor of North Carolina;  (7) the President of Duke Power or his designee;  (8) the Chairman of the Bi-State Catawba River Task Force or his designee;  (9) the Chief Executive Officer of the Carolina's Partnership, Inc. or his designee;  (10) one person to represent the commissions referenced below, appointed jointly by the three chief executive officers of the commissions: the Lake Wylie Marine Commission established pursuant to Article 4 of Chapter 77 of the North Carolina General Statutes, the Mountain Island Lake Marine Commission established pursuant to Article 6 of Chapter 77 of the North Carolina General Statutes, and the Lake Norman Marine Commission established pursuant to Chapter 1089 of the 1969 North Carolina Session Laws;  (11) one member from a lake homeowner's association located on the Catawba/Wateree River whose members reside in South Carolina, to be appointed by the President of the South Carolina Senate.  (B) The Yadkin/Pee Dee Commission shall be composed of fifteen members who reside in counties which abut the Yadkin/Pee Dee River Basin as follows:  (1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives;  (2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate;  (3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives;  (4) two members of the South Carolina Senate, to be appointed by the President of the South Carolina Senate;  (5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission;  (6) one member from South Carolina representing the agricultural community to be appointed by the South Carolina legislative members of the commission;  (7) one person from a water or sewer municipal authority, appointed by the Governor of North Carolina;  (8) the President of Progress Energy or his designee;  (9) the President of Alcoa Power Generating, Incorporated (APGI) or his designee;  (10) the President of Weyerhaeuser or his designee;  (11) a representative of the land development industry, whose organization does business within the Yadkin/Pee Dee River Basin and who shall be appointed by the chairman of the commission.  (C) The legislative members of the commission may appoint as they consider necessary additional members to the commission to serve as advisory members.  (D) State legislative members appointed to the commission shall serve ex officio and shall have terms coterminous with their terms of office. All other members shall serve for a period of two years. Appointments to fill vacancies must be made for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointment.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004; 2019 Act No. 1 (S.2), Section 55, eff January 31, 2019.  Effect of Amendment  2019 Act No. 1, Section 55, in (A), in (4) and (11), substituted "President of the South Carolina Senate" for "President Pro Tempore of the South Carolina Senate"; and in (B)(4), substituted "President of the South Carolina Senate" for "President Pro Tempore of the South Carolina Senate".
 The members of the commissions shall serve without compensation.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.
 The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the States of North Carolina and South Carolina while in discharge of their duties.  HISTORY: 2004 Act No. 262, Section 1, eff July 6, 2004.  
 There is created the State Department of Health and Human Services which shall be headed by a Director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1039.
 The department employees shall have such general duties and receive such compensation as determined by the director. The director shall be responsible for administration of state personnel policies and general department personnel policies. The director shall have sole authority to employ and discharge employees subject to such personnel policies and funding available for that purpose.  In all instances, the director shall serve as the chief administrative officer of the department and shall have the responsibility of executing policies, directives, and actions of the department either personally or by issuing appropriate directives to the employees.  The goal of the provisions of this section is to ensure that the department's business is conducted according to sound administrative practice, without unnecessary interference with its internal affairs. Public officers and employees shall be guided by this goal and comply with these provisions.  HISTORY: 1983 Act No. 83, Section 2; 1993 Act No. 181, Section 1047.
 There is created within the Department of Health and Human Services the Pharmacy and Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at the pleasure of the director of the department. The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.C.1, eff July 1, 2008.
 The committee shall adopt bylaws that include, at a minimum, the length of membership. A chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not be compensated for service to the committee. However, committee members may be reimbursed for actual and necessary expenses incurred by discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet at other times in the chairman's or the director's discretion. Committee meetings are subject to the provisions of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide notice as soon as practical. The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.C.1, eff July 1, 2008.
 The committee must recommend to the department therapeutic classes of drugs that should be included on a preferred drug list. For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.C.1, eff July 1, 2008.
 Any preferred drug list program implemented by the department must include:  (1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt;  (2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization;  (3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and  (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without prior authorization if the pharmacist:  (a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and  (b) reasonably believes that refusing to dispense a seventy-two-hour supply would unduly burden the Medicaid recipient and produce undesirable health consequences.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.C.1, eff July 1, 2008.
 A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.C.1, eff July 1, 2008.
 A Medicaid provider, outside of the geographical boundary of South Carolina but within the South Carolina Medicaid Service Area, as defined by R. 126-300(B) of the Code of State Regulations, prior to the effective date of the amendments to Section 1-1-10, which are effective January 1, 2017, shall not lose status as a Medicaid provider as a result of the clarification of the South Carolina-North Carolina border.  HISTORY: 2016 Act No. 270 (S.667), Section 19, eff January 1, 2017.
 Text of section effective upon contingency. See, Editor's Note.  (A) Pharmacy services are a benefit under South Carolina Medicaid, subject to approval by the federal Centers for Medicare and Medicaid Services. The department shall establish a fee schedule for the list of pharmacy services.  (B)(1) The following services are covered pharmacy services that may be provided to a Medicaid beneficiary:  (a) dispensing self-administered hormonal contraceptives, as outlined and authorized in Section 40-43-230; and  (b) administering injectable hormonal contraceptives, as outlined and authorized in Section 40-43-230.  (2) Covered pharmacy services shall be subject to department protocols and utilization controls.  (C) A pharmacist shall be enrolled as an ordering, referring, and dispensing provider under the Medicaid program prior to rendering a pharmacist service that is submitted by a Medicaid pharmacy provider for reimbursement pursuant to this section.  (D) The director of the department shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.  (E) This section does not restrict or prohibit any services currently provided by pharmacists as authorized by law including, but not limited to, this chapter or the Medicaid state plan.  HISTORY: 2022 Act No. 210 (S.628), Section 3, eff upon contingency.  Editor's Note  2022 Act No. 210, Sections 1, 4, and 6, provide as follows:  "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."  "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."  "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."
 The General Assembly finds that:  (1) There are citizens who cannot afford to pay for hospital care because of inadequate financial resources or catastrophic medical expenses.  (2) Rising health care costs and the growth of the medically indigent population have increased the strains on the health care system with a growing burden on the hospital industry, health insurance companies, and paying patients.  (3) This burden has affected businesses, which are large purchasers of health care services through employee insurance benefits, and taxpayers in counties which support public hospitals, and it causes the cost of services provided to paying patients to increase in a manner unrelated to the actual cost of services delivered to them.  (4) Hospitals which provide the bulk of unreimbursed services cannot compete economically with hospitals which provide relatively little care to indigent persons.  (5) Because of the complexity of the health care system, any effort to resolve the problem of paying for care for medically indigent persons must be multifaceted and shall include at least four general principles:  (a) Funds must be made available to assure continued access to quality health care for medically indigent patients.  (b) Cost containment measures and competitive incentives must be placed into the health care system along with the additional funds.  (c) The cost of providing indigent care must be equitably borne by the State, the counties, and the providers of care.  (d) State residents must be guaranteed access to emergency medical care regardless of their ability to pay or county of residence.  It is the intent of the General Assembly to:  (1) assure care for the largest possible number of its medically indigent citizens within funds available by:  (a) expanding the number of persons eligible for Medicaid services, using additional state and county funds to take advantage of matching federal funds;  (b) creating a fund based on provider and local government contributions to provide medical assistance to those citizens who do not qualify for Medicaid or any other government assistance and who do not have the means to pay for hospital care; and  (c) mandating access to emergency medical care for all state residents in need of the care;  (2) Provide incentives for cost containment to providers of care to indigent patients by implementing a prospective payment system in the Medicaid and Medically Indigent Assistance Fund programs;  (3) monitor efforts to foster competition in the health care market place while being prepared to make adjustments in the system through regulatory intervention if needed;  (4) promote market reforms, as the single largest employer in the State, by structuring its health insurance program to encourage healthy lifestyles and prudent use of medical services; and  (5) reduce where possible or maintain the current rate schedules of hospitals to keep costs from escalating.  HISTORY: 1985 Act No. 201, Part II, Section 19 (preamble).
 The following sections shall be known and may be cited as the "South Carolina Medically Indigent Assistance Act".  HISTORY: 1985 Act No. 201, Part II, Section 19A.
 (A) To provide cost containment incentives for providers of care to Medicaid recipients, the department shall convert the Medicaid hospital reimbursement system from a retrospective payment system to a prospective payment system by October 1, 1985. The prospective payment system includes, at a minimum, the following elements:  (1) a maximum allowable payment amount established for individual hospital products, services, patient diagnoses, patient day, patient admission, or per patient, or any combination thereof. This payment must be based on hospital costs rather than hospital charges and must be adjusted at least every two years to reflect the most recent audited cost data available. The department shall set by regulation those circumstances under which a hospital may seek an exception. The maximum allowable payment amount must be weighted to allow for the costs of medical education and primary, secondary, or tertiary care considerations;  (2) payment on a timely basis to the hospital by the commission or patient or both, of the maximum allowable payment amount determined by the commission; and  (3) acceptance by the hospital of the maximum payment amount as payment in full, which includes any deductible or copayment provided for in the state Medicaid program.  (B) The department shall at the same time implement other cost containment measures which include, but are not limited to:  (1) utilization reviews for appropriateness of treatment and length of stay;  (2) preadmission certification of nonemergency admissions;  (3) mandatory outpatient surgery in appropriate cases;  (4) a second surgical opinion pilot study; and  (5) procedures for encouraging the use of outpatient services.  The department, to the fullest extent possible, shall utilize information required in this subsection in the form hospitals are presently submitting the information to other governmental agencies or in the form hospitals are presently utilizing the information within the hospital.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35A; 1993 Act No. 181, Section 1048.
 (A) Every fiscal year the State Treasurer shall withhold from the portion of the Local Government Fund allotted to the counties a sum equal to fifty cents per capita based on the population of the several counties as shown by the latest official census of the United States. The money withheld by the State Treasurer must be placed to the credit of the commission and used to provide Title XIX (Medicaid) services.  (B) County governments are assessed an additional thirteen million dollars annually for use as matching funds for Medicaid services. Of these funds, seven and a half million dollars must be deposited into the Medicaid Expansion Fund created by Section 44-6-155.  The department shall assess each county its share of the thirteen million dollars based on a formula which equally weighs the following factors in each county: property value, personal income, net taxable sales, and the previous two years of claims against the medically indigent assistance fund or program against county residents. If a trust fund has been established in a county to fund indigent care in the county, contributions on behalf of the county must be credited against the county assessment.  (C) Within thirty days of the first day of the state's fiscal year, and on the first day of the other three quarters, each county shall remit one-fourth of its total assessment to the department. The department shall allow a brief grace period during which late payments are not subject to interest or penalty.  Any county which fails to pay its assessment within the time allotted must pay, in addition to the assessment, a penalty of five percent of the assessment and interest at one and one-half percent per month from the date the assessment was originally due to the date of the payment of the assessment and penalty. The department may in its discretion waive or reduce the penalty or interest or any part thereof.  HISTORY: 1989 Act No. 189, Part II, Section 35B; 1991 Act No. 171, Part II, Section 22K; 1993 Act No. 181, Section 1049.
 (A) There is created the South Carolina Medically Indigent Assistance Program administered by the department. The program is authorized to sponsor inpatient hospital care for which hospitals shall receive no reimbursement. A general hospital equipped to provide the necessary treatment shall:  (1) admit a patient sponsored by the program; and  (2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment.  In addition to or in lieu of an action taken affecting the license of the hospital, when it is established that an officer, employee, or member of the hospital medical staff has violated this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars.  (B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be reported to the Revenue and Fiscal Affairs Office pursuant to Section 44-6-170.  (C) In administering the Medically Indigent Assistance Program, the department shall determine:  (1) the method of administration including the specific procedures and materials to be used statewide in determining eligibility for the program;  (a) In a nonemergency, the patient shall submit the necessary documentation to the patient's county of residence or its designee to determine eligibility before admission to the hospital.  (b) In an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital holds the patient financially responsible for all or a portion of the inpatient hospital bill, and if the hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all hospital bills incurred by its residents sponsored by the program be submitted to the county or its designee for review.  (2) the population to be served, including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the program's definition of medically indigent;  (3) the health care services covered;  (4) a process by which an eligibility determination can be contested and appealed; and  (5) the program may not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the department based on income and family size.  (D) Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1986 Act No. 335, Section 1; 1989 Act No. 189, Part II, Section 35C; 1993 Act No. 130, Section 1; 1993 Act No. 181, Section 1050.
 (A) There is created the Medicaid Expansion Fund into which must be deposited funds:  (1) collected pursuant to Section 44-6-146;  (2) collected pursuant to Section 12-23-810; and  (3) appropriated pursuant to subsection (B).  This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.  (B) The department shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C). Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds.  (C) Monies in the fund must be used to:  (1) provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines;  (2) provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines;  (3) provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines;  (4) [reserved];  (5) [reserved];  (6) [reserved];  (7) provide up to two hundred forty thousand dollars to reimburse the Revenue and Fiscal Affairs Office and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170;  (8) [reserved].  (D) Any funds not expended for the purposes specified in subsection (C) during a given year are carried forward to the succeeding year for the same purposes.  HISTORY: 1989 Act No. 189, Part II, Section 35D; 1991 Act No. 105, Sections 4, 5; 1993 Act No. 130, Section 2; 1993 Act No. 181, Section 1051; 1998 Act No. 419, Part II, Section 41C.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
 (A) By August first of each year, the department shall compute and publish the annual target rate of increase for net inpatient charges for all general hospitals in the State. The target rate of increase will be established for a twelve-month period from October first through September thirtieth of the following year. Once established, the target rate of increase must not be amended during the year except as provided in subsection (B) of this section. The department shall monitor the performance of the hospital industry to contain costs, specifically as evidenced by the annual rate of growth of net inpatient charges. If the department determines that the annual rate of increase in net inpatient charges for the hospital industry has exceeded the target rate of increase established for that year, the department shall appoint an expert panel for the purpose of analyzing the financial reports of each hospital whose net inpatient charges exceeded the target rate of increase. The panel's review shall take into consideration service volume, intensity of care, and new services or facilities. The panel shall consist of at least three members who have broad experience, training, and education in the field of health economics or health care finance. The panel shall report its findings and recommendations, including recommended penalties or sanctions, to the department. The department shall decide what, if any, penalty it will impose within three months of receiving all necessary data.  (B) The department may impose penalties or sanctions it considers appropriate. Penalties must be prospective. Financial penalties are limited to a reduction in a hospital's target rate of increase for the following year. Any reduction in a hospital's target rate of increase for the next year must not be greater than the amount the hospital exceeded the industry's target rate of increase for the previous year. Once a hospital is sanctioned, it must be reviewed annually until it succeeds in remaining below its target rate of increase.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35E and K; 1993 Act No. 181, Section 1052.
 (A) As used in this section:  (1) "Office" means the Revenue and Fiscal Affairs Office.  (2) "Council" means the Data Oversight Council.  (3) "Committee" means the Joint Legislative Health Care Planning and Oversight Committee.  (B) There is established the Data Oversight Council comprised of:  (1) one hospital administrator;  (2) the chief executive officer or designee of the South Carolina Hospital Association;  (3) one physician;  (4) the chief executive officer or designee of the South Carolina Medical Association;  (5) one representative of major third-party health care payers;  (6) one representative of the managed health care industry;  (7) one nursing home administrator;  (8) three representatives of nonhealth care-related businesses;  (9) one representative of a nonhealth care-related business of less than one hundred employees;  (10) the executive vice president or designee of the South Carolina Chamber of Commerce;  (11) a member of the Governor's office staff;  (12) the director or his designee of the South Carolina Department of Health and Environmental Control;  (13) the executive director or his designee of the State Department of Health and Human Services  The members enumerated in items (1) through (10) must be appointed by the Governor for three-year terms and until their successors are appointed and qualify; the remaining members serve ex officio. The Governor shall appoint one of the members to serve as chairman. The office shall provide staff assistance to the council.  (C) The duties of the council are to:  (1) make periodic recommendations to the committee and the General Assembly concerning the collection and release of health care-related data by the State which the council considers necessary to assist in the formation of health care policy in the State;  (2) convene expert panels as necessary to assist in developing recommendations for the collection and release of health care-related data;  (3) approve all regulations for the collection and release of health care-related data to be promulgated by the office;  (4) approve release of health care-related data consistent with regulations promulgated by the office;  (5) recommend to the office appropriate dissemination of health care-related data reports, training of personnel, and use of health care-related data.  (D) The office, with the approval of the council, shall promulgate regulations in accordance with the Administrative Procedures Act regarding the collection of inpatient and outpatient information. No data may be released by the office except in a format recommended by the council and consistent with regulations. Before the office releases provider identifiable data the office must determine that the data to be released is for purposes consistent with the regulations as promulgated by the office and the release must be approved by the council and the committee. Provided, however, committee approval of the release is not necessary if the data elements and format in the release are substantially similar to releases or standardized reports previously approved by the committee. The council shall make periodic recommendations to the committee and the General Assembly concerning the collection and release of health care-related data by the State. Regulations promulgated by the office mandating the collection of inpatient or outpatient data apply to every provider or insurer affected by the regulation regardless of how the data is collected by the provider or insurer. Every effort must be made to utilize existing data sources.  (E) Information may be required to be produced only with respect to admissions of and treatment to patients after the effective date of the regulations implementing this section, except that data with respect to the medical history of the patient reasonably necessary to evaluation of the admission of and treatment to the patient may be required.  (F) The office shall convene a Health Data Analysis Task Force composed of technical representatives of universities and other private sector and public agencies including, but not limited to, health care providers and insurers to make recommendations to the council concerning types of analyses needed to carry out this section.  (G) All general acute care hospitals and specialized hospitals including, but not limited to, psychiatric hospitals, alcohol and substance abuse hospitals, and rehabilitation hospitals shall provide inpatient and financial information to the office as set forth in regulations.  All hospital-based and freestanding ambulatory surgical facilities as defined in Section 44-7-130, hospital emergency rooms licensed under Chapter 7, Article 3, and any health care setting which provides on an outpatient basis radiation therapy, cardiac catherizations, lithotripsy, magnetic resonance imaging, and positron emission therapy shall provide outpatient information to the office as set forth in the regulation. Other providers offering services with equipment requiring a Certificate of Need shall provide outpatient information to the office. Additionally, licensed home health agencies shall provide outpatient information to the office as set forth in the regulation.  Release must be made no less than semiannually of the patient medical record information specified in regulation to the submitting hospital and other information specified in regulation to the hospital's designee. However, the hospital's designee must not have access to patient identifiable data.  (H) If a provider fails to submit the health care data as required by this section or regulations promulgated pursuant to this section, the office may assess a civil fine of up to five thousand dollars for each violation, but the total fine may not exceed ten thousand dollars.  (I) A person, as defined in Section 44-7-130, seeking to collect health care data or information for a registry shall coordinate with the office to utilize existing data collection formats as provided for by the office and consistent with regulations promulgated by the office. With the exception of information that may be obtained from the Office of Vital Records, Department of Health and Environmental Control, in accordance with Section 44-63-20 and Regulation 61-19 and disease information required to be reported to the Department of Health and Environmental Control under Sections 44-29-10, 44-29-70, and 44-31-10 and Regulations 61-20 and 61-21 and notwithstanding any other provision of law, no hospital or health care facility or health care professional required by this section to submit health care data is required to submit data to a registry which has not complied with this section.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35F; 1991 Act No. 105, Section 3; 1993 Act No. 130, Section 3; 1993 Act No. 181, Section 1053; 1995 Act No. 74, Section 1; 2018 Act No. 246 (H.3895), Sections 8.A, 8.B, eff July 1, 2018.  Effect of Amendment  2018 Act No. 246, Section 8.A, in (A)(1), deleted "Office of Research and Statistics of the" preceding "Revenue and Fiscal Affairs Office"; and in (B), deleted (12), relating to a representative from the Humans Services Coordinating Council, and redesignated (13) to (14) as (12) to (13), deleted (15), relating to the chairman or his designee of the State Health Planning Committee, and made nonsubstantive changes.  2018 Act No. 246, Section 8.B, in (H), deleted "Section 44-6-175 or" following "as required by this section or", and substituted "this section, the office" for "those sections, the Office of Research and Statistics" following "promulgated pursuant to".
 HISTORY: Former Section, titled Annual reports to be provided to Office of Research and Statistics of the Revenue and Fiscal Affairs Office, had the following history: 1994 Act No. 485, Section 1. Repealed by 2018 Act No. 246, Section 9, eff July 1, 2018.
 (A) Patient records received by counties, the department, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records gathered pursuant to Section 44-6-170 are also confidential. The Revenue and Fiscal Affairs Office shall use patient-identifiable data collected pursuant to Section 44-6-170 for the purpose of linking various data bases to carry out the purposes of Section 44-6-170. Linked data files must be made available to those agencies providing data files for linkage. No agency receiving patient-identifiable data collected pursuant to Section 44-6-170 may release this data in a manner such that an individual patient or provider may be identified except as provided in Section 44-6-170. Nothing in this section may be construed to limit access by a submitting provider or its designee to that provider's information.  (B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35G; 1993 Act No. 130, Section 4; 1993 Act No. 181, Section 1054.
 The department may promulgate regulations pursuant to the Administrative Procedures Act. Appeals from decisions by the department are heard pursuant to the Administrative Procedures Act, Administrative Law Judge, Article 5, Chapter 23 of Title 1 of the 1976 Code.  The department shall promulgate regulations to comply with federal requirements to limit the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the Medicaid program.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1990 Act No. 450, Section 3; 1993 Act No. 181, Section 1055.
 (A) A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both.  (B) Unless otherwise specified in this chapter, an individual or facility violating this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35H; 1993 Act No. 130, Section 5.
 All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating:  "Eligibility for Medicaid-sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity.  "It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The department may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid-sponsored long-term care services."  HISTORY: 1987 Act No. 184 Section 5; 1993 Act No. 181, Section 1056.
 The department shall:  (1) administer Title XIX of the Social Security Act (Medicaid), including the Early Periodic Screening, Diagnostic and Treatment Program, and the Community Long-Term Care System;  (2) be designated as the South Carolina Center for Health Statistics to operate the Cooperative Health Statistics Program pursuant to the Public Health Services Act;  (3) be prohibited from engaging in the delivery of services.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1040; 2004 Act No. 263, Section 15.A, eff June 18, 2004.
 The Department of Health and Human Services shall establish child development services in the following counties: Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, Chesterfield, Fairfield, Jasper, Lexington, Newberry, and Orangeburg. The services established in each county must provide at least thirty slots for the children of that county.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 3; 1993 Act No. 181, Section 1057.  Editor's Note  1989 Act No. 189, Part II, subsection 1, subdivision I, Section 43, eff June 8, 1989, provides that Section 43 is known and may be cited as the "South Carolina Initiative for Child Care Act".
 The Department of Health and Human Services shall expand existing child development services in the following counties: Beaufort, Charleston, Florence, Greenville, Hampton, and Richland. The services in each county must be expanded to provide at least twenty new slots but no more than sixty new slots for the children of each county.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 4; 1993 Act No. 181, Section 1058.
 The establishment and expansion of the child development services mandated by Sections 44-6-300 and 44-6-310 must be accomplished within the limits of the appropriations provided by the General Assembly in the annual General Appropriations Act for this purpose and in accordance with the Department of Health and Human Services policies for child development services funded through Title XX.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 5; 1993 Act No. 181, Section 1059.
 In administering home- and community-based waiver programs, the department shall, to the extent possible, maintain the waiver status of an eligible family member of a member of the armed services who maintains his South Carolina state residence, regardless of where the service member is stationed. Consequently, a person on a waiver waiting list would return to the same place on the waiting list when the family returns to South Carolina. Furthermore, the eligible family member previously enrolled in a waiver program and who received active services would be reinstated into the waiver program once Medicaid eligibility is established, upon their return to South Carolina. It is not the intent of this section to authorize services provided outside the South Carolina Medicaid Service Area. These provisions are contingent upon the department receiving federal approval.  HISTORY: 2014 Act No. 289 (S.825), Pt III, Section 3, eff June 23, 2014.
 For all health and human services interagency programs provided for in this chapter, the department shall have the following duties:  (1) Prepare and approve state and federal plans prior to submission to the appropriate authority as required by law for final approval or for state or federal funding, or both.  Such plans shall be guided by the goal of delivering services to citizens and administering plans in the most effective and efficient ways possible.  (2) Compile and maintain in a unified, concise, and orderly form information concerning programs provided for in this chapter.  (3) Continuously review and evaluate programs to determine the extent to which they:  (a) meet fiscal, administrative, and program objectives; and  (b) are being operated cost effectively.  (4) Evaluate plans and programs in terms of their compatibility with state objectives and priorities giving specific attention to areas outlined in Section 44-6-70.  (5) Formulate for consideration and promulgation criteria, standards, and procedures that ensure assigned programs are administered effectively, equitably, and economically and in accordance with statewide policies and priorities.  (6) Inform the Governor and the General Assembly as to the effectiveness of the criteria, standards, and procedures promulgated pursuant to item (5) of this section.  (7) Develop in conjunction with other state agencies an information system to provide data on comparative client and fiscal information needed for programs.  (8) Develop a mechanism for local planning.  (9) Obtain from participating state agencies information considered necessary by the department to perform duties assigned to the department.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1041.
 As used in this article:  (1) "Department" means the Department of Health and Human Services.  (2) "Nursing home" means a facility subject to licensure as a nursing home by the Department of Health and Environmental Control and subject to the permit provisions of Article 2, Chapter 7 of Title 44 and which has been certified for participation in the Medicaid program or has been dually certified for participation in the Medicaid and Medicare programs.  (3) "Resident" means a person who resides or resided in a nursing home during a period of an alleged violation.  (4) "Survey agency" means the South Carolina Department of Health and Environmental Control or any other agency designated to conduct compliance surveys of nursing facilities participating in the Title XIX (Medicaid) program.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1060; 1998 Act No. 419, Part II, Section 45A.
 When the department is notified by the survey agency that a nursing home is in violation of one or more of the requirements for participation in the Medicaid program, it may take enforcement action as follows:  (1) if the nursing home is dually certified for participation in both the Medicare and Medicaid programs, the department shall coordinate any enforcement action with federal authorities and shall defer to the actions of these federal authorities to the extent required by federal statute or regulation;  (2) if the nursing home is only certified for participation in the Medicaid program and is not certified for participation in the Medicare program, the department may take any enforcement action authorized under federal statute or regulation that would have been available for use by federal authorities if the nursing home had been dually certified;  Any enforcement actions taken solely by the department under item (2) must be proportionate to the scope and severity of the violations and also shall take into account the factors considered by federal authorities in similar enforcement actions. Dually certified nursing homes and nursing homes only certified for participation in the Medicaid program must be subjected to comparable enforcement actions for comparable violations.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1062; 1998 Act No. 419, Part II, Section 45B.
 The State Department of Health and Human Services may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee may not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.  HISTORY: 1988 Act No. 658, Part II, Section 33; 1993 Act No. 181, Section 1042.
 Any use of funds collected by the department as a result of the imposition of civil monetary penalties or other enforcement actions must be for a purpose related to the protection of the health and property of residents of nursing homes that participate in the Medicaid program. These funds may be used for the cost of relocating residents to other nursing homes, if necessary, and also may be used to reimburse residents for personal funds lost as a result of violations of the requirements for participation in the Medicaid program by the nursing home. In addition, these funds may be used for other costs directly associated with enforcement or corrective measures at facilities found to be out of compliance with the requirements for participation in the Medicaid program or for any other purpose that enhances or improves the health and quality of life for residents. These requirements for the use of funds collected also apply to funds received by the department that are collected as the result of enforcement actions directed by federal authorities.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1066; 1998 Act No. 419, Part II, Section 45C.
 As used in this chapter:  (1) "Department" means the State Department of Health and Human Services.  (2) "Office" means the Revenue and Fiscal Affairs Office.  (3) "Costs of medical education" means the direct and indirect teaching costs as defined under Medicare.  (4) "Market basket index" means the index used by the federal government on January 1, 1986, to measure the inflation in hospital input prices for Medicare reimbursement. If that measure ceases to be calculated in the same manner, the market basket index must be developed and regulations must be promulgated by the commission using substantially the same methodology as the federal market basket uses on January 1, 1986. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review.  (5) "Medically indigent" means:  (a) all persons whose gross family income and size falls at or below the federal Community Service Administration guidelines and who meet certain qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship, and migrant or seasonal farm workers who have no established domicile in any state; and  (b) all persons whose gross family income and size falls between one hundred percent and two hundred percent of the Community Service Administration guidelines who meet certain other qualifying criteria regarding real property allowance, qualifying services, residency requirements, and other sponsorship and whose medical bill is sufficiently large in relation to their income and resources to preclude full payment. For the purposes of this definition, the qualifying criteria for real property allowance shall permit ownership of up to fifty acres of farmland upon which the family has resided for at least twenty-five years.  (6) "Net inpatient charges" means the total gross inpatient charges, minus the unreimbursed cost of medical education and the unreimbursed cost of providing medical care to medically indigent persons. The cost of care provided by a hospital to meet its Hill-Burton obligation is not considered an unreimbursed cost of providing medical care to medically indigent persons.  (7) "South Carolina growth index" means the percentage points added to the market basket index to adjust for the South Carolina specific experience. The Health Care Planning and Oversight Committee shall complete a study which identifies and quantifies those elements which should be included in the growth index. The elements may include, but are not limited to: population increases, aging of the population, changes in the type and intensity of hospital services, technological advances, the cost of hospital care in South Carolina relative to the rest of the nation, and needed improvements in the health status of state residents. Based on the study, the department shall develop and promulgate regulations for the annual computation of the growth index. Prior to submitting the regulations concerning the index to the General Assembly for approval pursuant to the Administrative Procedures Act, the department shall submit them to the Health Care Planning and Oversight Committee for review. Until a formula for computing the South Carolina growth index is promulgated, the annual index must be six and six-tenths percent which is equal to the average percentage difference between South Carolina hospital expenditures and the federal market basket index for the previous ten years.  (8) "State resident" means a person who is domiciled in South Carolina. A domicile once established is lost or changes only when one moves to a new locality with the intention of abandoning his old domicile and intends to live permanently or indefinitely in the new locale.  (9) "Target rate of increase" means the federal market basket index as modified by the South Carolina growth index.  (10) "General hospital" means any hospital licensed as a general hospital by the Department of Health and Environmental Control.  HISTORY: 1985 Act No. 201, Part II, Section 19B; 1993 Act No. 181, Section 1038; 2018 Act No. 246 (H.3895), Section 8.C, eff July 1, 2018.  Effect of Amendment  2018 Act No. 246, Section 8.C, in (2), deleted "Office of Research and Statistics of the" preceding "Revenue and Fiscal Affairs Office".
 In carrying out the duties provided for in Section 44-6-30 the department shall:  (1) Contract for health and human services eligibility determination with performance standards regarding quality control as required by law or regulation.  (2) Contract for operation of certified Medicaid management information claims processing system. For the first year of its operation it shall contract for such system with the Department of Social Services.  (3) Contract for other operational components of programs administered under this chapter as considered appropriate.  (4) Monitor and evaluate all contractual services authorized pursuant to this chapter to assure effective performance. Any contract entered into under the provisions of this chapter must be in accordance with the provisions of the South Carolina Consolidated Procurement Code.  (5) Establish a procedure whereby inquiries from members of the General Assembly concerning the department's work and responsibility shall be answered as expeditiously and definitely as possible.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1043; 1995 Act No. 41, Section 1.
 Before instituting an action under this article, the Department of Health and Human Services shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1069.
 The department is authorized to promulgate regulations, pursuant to the Administrative Procedures Act, to administer this article, and to ensure compliance with the requirements for participation in the Medicaid program.  HISTORY: 1990 Act No. 449, Section 4; 1998 Act No. 419, Part II, Section 45D.
 This article may be cited as the "Gap Assistance Pharmacy Program for Seniors (GAPS) Act".  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 For purposes of this article:  (1) "Department" means the South Carolina Department of Health and Human Services.  (2) "Prescription drugs" means outpatient prescription drugs that have been approved by the United States Food and Drug Administration. "Prescription drugs" do not include experimental drugs and over-the-counter pharmaceutical products.  (3) "Program" means the Gap Assistance Pharmacy Program for Seniors (GAPS) created pursuant to this article.  (4) "Medicare Part D Prescription Drug Plan" means a Prescription Drug Plan that has been approved by the Centers for Medicare and Medicaid Services (CMS) to provide Medicare Part D prescription drugs to Medicare beneficiaries in South Carolina.  (5) "GAPS Participating Medicare Part D Prescription Drug Plan" means Prescription Drug Plans that have executed a contract with the department to provide prescription drug coverage to eligible individuals during the annual Medicare Part D coverage gap.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 (A) There is created within the Department of Health and Human Services the Gap Assistance Pharmacy Program for Seniors (GAPS) program. The purpose of this program is to coordinate, beginning January 1, 2006, with Medicare Part D Prescription Drug Plans to provide to low-income seniors in this State assistance with costs for prescription drugs during the annual Medicare Part D coverage gap.  (B) The program must provide assistance with prescription drugs that:  (1) have been approved by the United States Food and Drug Administration; and  (2) are included in the enrollee's selected GAPS participating Medicare Part D Plan formulary.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.  (B) The department may establish an enrollment fee that must be used to fund the administration of this program.  (C) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 (A) To be eligible to enroll in this program a person must:  (1) have attained the age of sixty-five years;  (2) be a resident of this State;  (3) be enrolled in a GAPS participating Medicare Part D Drug Plan;  (4) satisfy annual income, resources, and other criteria established by the department;  (5) pay the enrollment fee, if any, as established by the department.  (B) An enrollee is entitled to benefits under this program during the coverage gap when the enrollee's annual prescription drug costs have reached the point that standard Medicare Part D benefits are no longer available. The GAPS benefits terminate when the enrollee's annual out-of-pocket prescription drug expenses have reached the point that catastrophic Medicare Part D benefits become available.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.  (B) Beginning with fiscal year 2006-2007, the department shall include in its annual report, a report on the GAPS program.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
 A state plan must be prepared by the department for each program assigned to it and the department must also prepare resource allocation recommendations based on such plans. The resource allocation recommendations must be approved pursuant to state and federal law. The state plans must address state policy and priority areas of service with specific attention to the following objectives:  (a) Prevention measures as addressed in health and human services programs.  (b) Achievement of a balanced health care delivery system assuring that regulations, coverage, and reimbursement policies assure that while the most appropriate care is given, tailored to the client's needs, it is delivered in the most cost-effective manner.  (c) Simplification of paperwork requirements.  (d) Achievement of optimum cost effectiveness in administration and delivery of services provided quality of care is assured.  (e) Improvement of effectiveness of third party reimbursement efforts.  (f) Assurance of maximum utilization of private and nonprofit providers in administration and service delivery systems, provided quality of care is assured.  (g) Encouragement of structured volunteer programs in administration and service delivery.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1044.
 If an applicant for Medicaid for nursing home care would be ineligible because a trust established for the applicant was deemed a Medicaid qualifying trust or resources in the trust were deemed an improper transfer of resources, the person's application must be treated as a case of undue hardship under federal law if all of the criteria in Section 44-6-720 are met. For the purposes of this section, 'Medicaid qualifying trust' has the same meaning as set forth in 42 U.S.C. Section 1396a(k).  HISTORY: 1993 Act No. 164, Part II, Section 74A.
 (A) To be considered for a waiver due to undue hardship, the applicant must meet all other applicable eligibility criteria for assistance. If the federal "transfer of resources" rule set forth in 42 U.S.C. Section 1396p(c), as amended, applies to the applicant, then no undue hardship waiver may be granted until the period of ineligibility has expired. For the purposes of this subsection, the maximum length of ineligibility is extended to sixty months from the date of any improper transfer.  (B) The trust established for the applicant must meet the following criteria:  (1) the applicant's monthly gross income from all sources, without reference to the trust, exceeds the income eligibility standard for Medicaid then in effect but is less than the average private pay rate for nursing home care for the State;  (2) the property used to fund the trust is limited to monthly unearned income owned by the applicant, including any pension payment;  (3) the applicant and the state Medicaid program are the sole beneficiaries of the trust;  (4) the entire income and corpus of the trust, or as much as may be distributed each month without violating federal requirements for federal financial participation, must be distributed each month for expenses related to the applicant's nursing home care that are approved under the Medicaid program, except that:  (a) an amount reasonably necessary to maintain the existence of the trust, as approved by the Medicaid program, may be retained in the trust; and  (b) deductions may be distributed from the trust to the same extent deductions from the income of a nursing home resident who is not a trust beneficiary are allowed under the Medicaid program, which shall include:  (i) monthly personal needs allowance;  (ii) payments to the beneficiary's community spouse or dependent family members as provided and in accordance with state and federal law;  (iii) specified health insurance costs and special medical services provided under Title XIX of the federal "Social Security Act", 42 U.S.C. Section 1396a(r), as amended; and  (iv) other deductions provided in regulations of the State Health and Human Services Finance Commission;  (5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission. The commission shall remit the state share of the trust to the general fund; and  (6) the trust is not subject to modification by the beneficiary or the trustee without the approval of the state Medicaid program.  HISTORY: 1993 Act No. 164, Part II, Section 74A.
 Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.B, eff July 1, 2009.
 The State Health and Human Services Finance Commission shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission shall amend the state Medicaid plan in a manner that is consistent with this article.  HISTORY: 1993 Act No. 164, Part II, Section 74A.
 The department must submit to the Governor, the State Fiscal Accountability Authority, Revenue and Fiscal Affairs Office, and the Executive Budget Office, and the General Assembly an annual report concerning the work of the department including details on improvements in the cost effectiveness achieved since the enactment of this chapter and must recommend changes for further improvements.  Interim reports must be submitted as needed to advise the Governor and the General Assembly of substantive issues.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1045.
 The department may promulgate regulations to carry out its duties.  All state and local agencies whose responsibilities include administration or delivery of services which are covered by this chapter shall cooperate with the department and comply with its regulations.  HISTORY: 1983 Act No. 83 Section 2; 1993 Act No. 181, Section 1046.
 (A) Federally Qualified Health Centers (FQHC's), Rural Health Clinics (RHC's), and Rural Hospitals are recognized and designated as essential community providers for underserved patients which include Medicaid and Medicare recipients, the underinsured, and the uninsured. These populations require more extensive services by community-based providers, and the FQHC's, RHC's, and Rural Hospitals have extensive experience and knowledge in providing quality, cost-effective care for these populations. The State shall include these essential community providers as contracted entities in any formulation of the state health care system. The inclusion of FQHC's, RHC's, and Rural Hospitals as contracted entities in the state health care system recognizes the importance of these providers to South Carolina and assures that the reimbursement to these essential community providers will be funded through cost-based reimbursement or a capitated fee based on reasonable costs.  (B) A hospital located in an urban area (MSA County), can be considered "rural" for the purposes of the Medicare Rural Hospital Flexibility Program if it meets the following criteria:  (1) enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;  (2) provides emergency health care services to indigent patients;  (3) maintains a twenty-four hour emergency room;  (4) staffs fifty or less acute care beds; and  (5) located in a county with twenty-five percent or more rural residents, as defined by the most recent United States decennial census.  HISTORY: 1994 Act No. 497, Part II, Section 82; 2004 Act No. 260, Section 1, eff July 6, 2004.
 This article may be cited as the "Emergency Medical Services Act of South Carolina".  HISTORY: 1962 Code Section 32-905.31; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 The following are exempted from the provisions of this article:  (A) ambulances owned and operated by the Federal Government;  (B) a vehicle or vehicles, including associated personnel, rendering assistance to community ambulances in the case of a catastrophe when licensed ambulances in the locality are insufficient to render the required services;  (C) the use of a privately or publicly owned vehicle, not ordinarily utilized in the transportation of persons who are sick, injured, or otherwise incapacitated and operating pursuant to Section 15-1-310 (Good Samaritan Act) in the prevention of loss of life and alleviation of suffering;  (D) the use of out-of-state ambulance services and personnel to assist with treatment and transport of patients during a disaster or catastrophe when licensed services in the locality are insufficient to render the required services.  HISTORY: 1962 Code Section 32-905.40; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 No financial grants or funds administered by the State for emergency medical services pertinent to this article shall be made available to counties or municipalities not in compliance with the provisions of this article.  HISTORY: 1962 Code Section 32-905.41; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 The department shall develop a comprehensive statewide emergency medical services plan to implement and ensure the delivery of adequate emergency medical services to every citizen. This plan shall include guidelines for emergency medical technicians at all levels for the administration of epinephrine to a person suffering or believed to be suffering from anaphylaxis.  HISTORY: 1962 Code Section 32-905.42; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2006 Act No. 320, Section 1, eff June 2, 2006; 2010 Act No. 157, Section 1, eff May 11, 2010.
 A certified emergency medical technician may perform any function consistent with his certification, according to guidelines and regulations that the board may prescribe. Emergency medical technicians, trained to provide advanced life support and possessing current Department of Health and Environmental Control certification while on duty with a licensed service, are authorized to possess limited quantities of drugs, including controlled substances, as may be approved by the Department of Health and Environmental Control for administration to patients during the regular course of duties of emergency medical technicians, pursuant to the written or verbal order of a physician possessing a valid license to practice medicine in this State; however, the physician must be registered pursuant to state and federal laws pertaining to controlled substances.  HISTORY: 1962 Code Section 32-905.43; 1974 (58) 2370; 1981 Act No. 144, Section 7; 2004 Act No. 271, Section 1, eff July 16, 2004; 2006 Act No. 320, Section 2, eff June 2, 2006; 2010 Act No. 157, Section 1, eff May 11, 2010.
 This article must not be construed as limiting presently operating rescue units from utilizing their existing equipment and performing the functions they are now allowed to do so long as they do not conflict with licensed agencies contained in Section 44-61-40(A).  HISTORY: 1962 Code Section 32-905.44; 1974 (58) 2370; 1981 Act No. 144, Section 8; 1996 Act No. 263, Section 6; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 (A) The identities of patients and emergency medical technicians mentioned, referenced, or otherwise appearing in information and data collected or prepared by emergency medical services must be treated as confidential. The identities of these persons are not available to the public under the Freedom of Information Act. However, the identities of patients and emergency medical technicians and information and data collected or prepared by emergency medical services are subject to subpoena in any administrative, civil, or criminal proceeding and may be released by court order. An individual in attendance at a proceeding must not be required to testify as to the identity of a patient except pursuant to court order. A person, medical facility, or other organization providing or releasing information in accordance with this article must not be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose. However, the name of emergency medical technicians, and information and data collected or prepared by emergency medical services must be released to the patient upon his request. In the event the patient is incapacitated or deceased, the name of emergency medical technicians, information, and data collected or prepared by emergency medical services must be released to the patient's immediate family, the patient's legal guardian, or the patient's legal representative upon their request.  (B) The identity of a patient is confidential and must not be released except that the identity of a patient may be released upon consent of the patient, the patient's immediate family, the patient's legal guardian, or the patient's legal representative.  (C) An official investigation or inquiry shall be conducted by an Investigative Review Committee. The fact of suspension or restriction of a license, and the fact of any subsequent related action taken by the department is public information under the Freedom of Information Act after issuance of an administrative order.  (D) Except as otherwise provided in this section, patient information must not be released except to:  (1) appropriate staff of the department's Division of Emergency Medical Services and Trauma, the South Carolina Data Oversight Council, and Revenue and Fiscal Affairs Office;  (2) submitting hospitals or their designees;  (3) a person engaged in an approved research project, except that information identifying a subject of a report or a reporter must not be made available to a researcher unless consent is obtained pursuant to this section.  (E) For purposes of maintaining the database collected pursuant to this article, the department and the Revenue and Fiscal Affairs Office may access and provide access to appropriate confidential data reported in accordance with this section.  (F) A person subject to this article who intentionally fails to comply with reporting, confidentiality, or disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a first offense and not more than five thousand dollars for each subsequent violation.  (G) The department, or a person or entity licensed or certified under this section is required to disclose to the solicitor or his designee information received that could aid in the investigation or prosecution of criminal activity. This includes, but is not limited to, information concerning child abuse, felony driving under the influence, assaults, or other crimes regardless of whether the information is obtained before, during, or after treatment. All information received by the solicitor shall be held confidential by the solicitor or his designee unless such information is necessary for criminal investigation and prosecution.  (H) This section supersedes any other provision of law, with the exception of federal law, which may be contrary to requirements set forth in this section.  HISTORY: 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010; 2017 Act No. 47 (S.234), Section 1, eff May 19, 2017.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".  Effect of Amendment  2017 Act No. 47, Section 1, amended (A), providing that the identities of patients and emergency medical technicians are subject to subpoena in judicial proceedings.
 As used in this article, and unless otherwise specified, the term:  (1) "Ambulance" means a vehicle maintained or operated by a licensed provider who has obtained the necessary permits and licenses for the transportation of persons who are sick, injured, wounded, or otherwise incapacitated.  (2) "Attendant" means a trained and qualified individual responsible for the operation of an ambulance and the care of the patients, regardless of whether the attendant also serves as driver.  (3) "Attendant-driver" means a person who is qualified as an attendant and a driver.  (4) "Authorized agent" means any individual designated to represent the department.  (5) "Board" means the governing body of the Department of Health and Environmental Control or its designated representative.  (6) "Certificate" means official acknowledgment by the department that an individual has completed successfully one of the appropriate emergency medical technician training courses referred to in this article in addition to completing successfully the requisite examinations, which entitles that individual to perform the functions and duties as delineated by the classification for which the certificate was issued.  (7) "Condition requiring an emergency response" means the sudden onset of a medical condition manifested by symptoms of such sufficient severity, including severe pain, that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect without medical attention, to result in:  (a) serious illness or disability;  (b) impairment of a bodily function;  (c) dysfunction of the body; or  (d) prolonged pain, psychiatric disturbance, or symptoms of withdrawal.  (8) "Department" means the administrative agency known as the Department of Health and Environmental Control.  (9) "Driver" means an individual who drives or otherwise operates an ambulance.  (10) "Emergency medical responder agency" means a licensed agency providing medical care at the EMT level or above, as a nontransporting emergency medical responder.  (11) "Emergency medical service system" means the arrangement of personnel, facilities, and equipment for the delivery of health care services under emergency conditions.  (12) "Emergency medical technician" (EMT) when used in general terms for emergency medical personnel, means an individual possessing a valid EMT, advanced EMT (AEMT), or paramedic certificate issued by the State pursuant to the provisions of this article.  (13) "Emergency transport" means services and transportation provided after the sudden onset of a medical condition manifesting itself by acute symptoms of such severity including severe pain that the absence of medical attention could reasonably be expected to result in the following:  (a) placing the patient's health in serious jeopardy;  (b) causing serious impairment to bodily functions;  (c) causing serious dysfunction of bodily organ or part; or  (d) a situation that resulted from an accident, injury, acute illness, unconsciousness, or shock, for example, required oxygen or other emergency treatment, required the patient to remain immobile because of a fracture, stroke, heart attack, or severe hemorrhage.  (14) "Immediate family" means a person's spouse. In the event there is no spouse, "immediate family" means a person's parents and children.  (15) "In-service training" means a course of training approved by the department that is conducted by the licensed provider for his personnel at his prime location.  (16) "Investigative Review Committee" means a professional peer review committee that may be convened by the department in its discretion when the findings of an official investigation against an entity or an individual regulated by the department may warrant suspension or revocation of a license or certification. This committee consists of the State Medical Control Physician, three regional EMS office representatives, at least one paramedic, and at least one emergency room physician who is also a medical control physician. Appointment is made to this committee by the Chief of the Bureau of EMS and Trauma.  (17) "Legal guardian" means a person who is lawfully invested with the power, and charged with the obligation of, taking care of and managing the property and rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs.  (18) "Legal representative" of a person is his personal representative, general guardian, or conservator of his property or estate, or the person to whom power of attorney has been granted.  (19) "License" means an authorization to a person, firm, corporation, or governmental division or agency to provide emergency medical services in the State.  (20) "Licensee" means any person, firm, corporation, or governmental division or agency possessing authorization, permit, license, or certification to provide emergency medical service in this State.  (21) "Moral turpitude" means behavior that is not in conformity with and is considered deviant by societal standards.  (22) "National Registry of Emergency Medical Technicians Registration" is given to an individual who has completed successfully the National Registry of Emergency Medical Technicians examination and its requirements.  (23) "Nonemergency ambulance transport" means services and transportation provided to a patient whose condition is considered stable. A stable patient is one whose condition reasonably can be expected to remain the same throughout the transport and for whom none of the criteria for emergency transport has been met. Prearranged transports scheduled at the convenience of the service or medical facility will be classified as a nonemergency transport.  (24) "Nonemergency ambulance transport service" means an ambulance service that provides for routine transportation of patients that require medical monitoring in a nonemergency setting including, but not limited to, prearranged transports.  (25) "Operator" means an individual, firm, partnership, association, corporation, company, group, or individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States.  (26) "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.  (27) "Permit" means an authorization issued for an ambulance vehicle which meets the standards adopted pursuant to this article.  (28) "Revocation" means that the department has permanently voided a license or certificate and the holder no longer may perform the function associated with the license, or certificate. The department will not reissue the license or certificate for a period of two years for a license or permit and four years for a certificate. At the end of this period the holder may petition for reinstatement.  (29) "Standards" means the required measurable components of an emergency medical service system having permanent and recognized value that provide adequate emergency health care delivery.  (30) "State Medical Control Physician" means a physician who shall be contracted with the department to oversee all medical aspects of the EMS Program. The contracted physician must both reside and be licensed to practice in this State. Duties of the State Medical Control Physician shall include, but not be limited to, the following:  (a) protocol development;  (b) establishment of the scope of practice for EMTs at all levels;  (c) provide recommendations for disciplinary actions in cases involving inappropriate patient care; and  (d) serve as Chairman of the State Medical Control Committee and the State Emergency Medical Services Advisory Council.  (31) "Suspension" means that the department has temporarily voided a license, permit, or certificate and the holder may not perform the function associated with the license, permit, or certificate until the holder has complied with the statutory requirements and other conditions imposed by the department.  HISTORY: 1962 Code Section 32-905.33; 1974 (58) 2370; 1981 Act No. 144, Section 1; 1996 Act No. 263, Section 2; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010; 2018 Act No. 248 (H.4486), Section 2, eff May 18, 2018.  Effect of Amendment  2018 Act No. 248, Section 2, in (16), in the first sentence, substituted "may be convened by the department in its discretion" for "is convened by the department" following "means a professional review committee that", and in the third sentence, substituted "Chief of the Bureau of EMS and Trauma" for "Director of the Division of EMS and Trauma" at the end.
 (A) The Department of Health and Environmental Control, with the advice of the Emergency Medical Services Advisory Council and the State Medical Control Physician, shall develop standards and promulgate regulations for the improvement of emergency medical services (hereinafter referred to as EMS) in the State. All administrative responsibility for this program is vested in the department.  (B) The EMS Program shall include:  (1) the regulation and licensing of public, private, volunteer, or other type ambulance services; however, in developing these programs for regulating and licensing ambulance services, the programs must be formulated in such a manner so as not to restrict or restrain competition;  (2) inspection and issuance of permits for ambulance vehicles;  (3) the licensing of emergency medical responder agencies;  (4) training and certification of EMS personnel;  (5) development, adoption, and implementation of EMS standards and state plan;  (6) the development and coordination of an EMS communications system;  (7) designation of trauma centers and the categorization of hospital emergency departments; and  (8) the establishment of an electronic patient care reporting system to provide data to the National EMS Information System database for betterment of EMS across the nation.  (C) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Trauma Advisory Council, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Management Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board for Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems. The advisory council shall serve without compensation, mileage, per diem, or subsistence.  HISTORY: 1962 Code Section 32-905.32; 1974 (58) 2370; 1975 (59) 201; 1981 Act No. 144, Section 2; 1996 Act No. 263, Section 3; 2002 Act No. 190, Section 7, eff March 12, 2002; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 This article may be cited as the "Children's Emergency Medical Services Act".  HISTORY: 1998 Act No. 323, Section 1; 2010 Act No. 157, Section 3, eff May 11, 2010.
 As used in this article:  (1) "Advanced life support" means an advanced level of prehospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized by the department pursuant to regulations.  (2) "Basic life support" means a basic level of prehospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the department pursuant to regulations.  (3) "Board" means the governing body of the Department of Health and Environmental Control or its designated representative.  (4) "Department" means the Division of Emergency Medical Services and Trauma within the Department of Health and Environmental Control.  (5) "Director" means the Director of the Department of Health and Environmental Control.  (6) "EMSC Program" means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children.  (7) "Emergency medical services personnel" means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support prehospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.  (8) "Emergency medical technician" or "EMT" means, when used in general terms for emergency medical personnel, an individual possessing a valid, emergency medical technician (EMT), advanced emergency medical technician (AEMT), or paramedic certificate issued by the State pursuant to the provisions of this article.  (9) "Manager" means the person coordinating the EMSC Program within the Department of Health and Environmental Control.  (10) "Prehospital care" means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.  HISTORY: 1998 Act No. 323, Section 1; 2010 Act No. 157, Section 3, eff May 11, 2010.
 There is established within the Department of Health and Environmental Control, Division of Emergency Medical Services, the Emergency Medical Services and Trauma for Children Program.  HISTORY: 1998 Act No. 323, Section 1; 2010 Act No. 157, Section 3, eff May 11, 2010.
 (A) The EMSC Program must include, but is not limited to, the establishment of:  (1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;  (2) guidelines for referring children to the appropriate emergency treatment facility;  (3) pediatric equipment guidelines for prehospital care and emergency department;  (4) guidelines for EMT, AEMT, and paramedic emergency medical technician certification for administering epinephrine to children suffering from a severe allergic reaction;  (5) guidelines for the voluntary designation of pediatric emergency departments;  (6) guidelines for pediatric trauma centers;  (7) an interhospital transfer system for critically ill or injured children;  (8) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;  (9) injury prevention programs for parents;  (10) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive;  (11) guidelines for the appropriate response to children and their families before, during, and after a disaster;  (12) incorporation of pediatric disaster preparedness training into initial and continuing education programs for emergency medical services personnel;  (13) assistance with the development of disaster plan strategies that address pediatric surge capacity before, during, and after a disaster for both injured and noninjured children.  (B) In gathering statewide pediatric emergency and critical care medical services data, the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to Section 44-115-10. Patient contact following data received from the Revenue and Fiscal Affairs Office must be conducted in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics.  HISTORY: 1998 Act No. 323, Section 1; 2006 Act No. 320, Section 3, eff June 2, 2006; 2010 Act No. 157, Section 3, eff May 11, 2010.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
 (A) The identities of patients and emergency medical technicians mentioned, referenced, or otherwise appearing in information or data collected or prepared by the EMSC Program must be treated as confidential. The identities of these persons are not available to the public under the Freedom of Information Act. However, the identities of patients and emergency medical technicians and information and data collected or prepared by emergency medical services are subject to subpoena in any administrative, civil, or criminal proceeding and may be released by court order. An individual in attendance at a proceeding shall not be required to testify as to the identity of a patient except pursuant to court order. A person, medical facility, or other organization providing or releasing information in accordance with this article must not be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose. However, the name of emergency medical technicians, and information and data collected or prepared by emergency medical services must be released to the patient or the patient's legal guardian upon request. In the event the patient is incapacitated or deceased, the name of emergency medical technicians, information, and data collected or prepared by emergency medical services must be released to the patient's immediate family, the patient's legal guardian, or the patient's legal representative upon their request.  (B) The identity of a patient is confidential and shall not be released except that the identity of a patient may be released upon written consent of the patient, the patient's immediate family, the patient's legal guardian, or the patient's legal representative.  (C) Except as otherwise authorized in this section, patient information must not be released except to:  (1) appropriate staff of the Division of Emergency Medical Services and Trauma within the Department of Health and Environmental Control, South Carolina Data Oversight Council, and Revenue and Fiscal Affairs Office;  (2) submitting hospitals or their designees;  (3) a person engaged in an approved research project, except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section.  (D) For purposes of maintaining the database collected pursuant to this article, the department and the Revenue and Fiscal Affairs Office may both access and provide access to appropriate confidential data reported in accordance with Section 44-61-160.  (E) A person subject to this article who intentionally fails to comply with reporting, confidentiality, or disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a first offense and not more than five thousand dollars for each subsequent violation.  (F) The department, or a person or entity licensed or certified under this section is required to disclose to the solicitor or his designee information received that could aid in the investigation or prosecution of criminal activity. This includes, but is not limited to, information concerning child abuse, felony driving under the influence, assaults, or other crimes regardless of whether the information is obtained before, during, or after treatment. All information received by the solicitor shall be held confidential by the solicitor or his designee unless such information is necessary for criminal investigation and prosecution.  HISTORY: 1998 Act No. 323, Section 1; 2010 Act No. 157, Section 3, eff May 11, 2010; 2017 Act No. 47 (S.234), Section 2, eff May 19, 2017.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".  Effect of Amendment  2017 Act No. 47, Section 2, amended (A), providing that the identities of patients and emergency medical technicians are subject to subpoena in judicial proceedings.
 (A) There is established the Emergency Medical Services for Children Advisory Committee to advise the department on matters concerning preventative, prehospital, hospital, rehabilitative, and other post-hospital medical care for children.  (B) Committee members must be appointed by the board.  (C) The advisory committee is composed of a nurse with emergency pediatric experience, a physician with pediatric training, an emergency physician, an EMT/paramedic who is currently practicing, a ground level prehospital provider representative, an emergency medical services state agency representative, the EMSC Program principal investigator, the EMSC Program manager, and a family representative. All members must reside and, if applicable, be licensed or certified to practice in this State.  (D) Members of the advisory committee shall serve without compensation, mileage, per diem, or subsistence.  HISTORY: 2010 Act No. 157, Section 3, eff May 11, 2010.
 (A) A person, firm, corporation, association, county, district, municipality, or metropolitan government or agency, either as owner, agent, or otherwise, may not furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to engage in the business or service of providing emergency medical response or ambulance service, or both, without obtaining a license and ambulance permit issued by the department. Failure to furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to engage in the business or service of providing emergency medical response or ambulance service without the proper license or permit, or both, from the department results in a Class I civil penalty, as defined in Regulation 61-7(304).  (B) Applicants shall file license applications with the appropriate official of the department having authority over emergency services. At a minimum, license applications shall contain evidence of ability to conform to the standards and regulations established by the board and such other information as may be required by the department. If the application is approved, the license will be issued. If the application is disapproved, the applicant may appeal in a manner pursuant to Article 3, Chapter 23, Title 1.  (C) An applicant shall retain a medical control physician to maintain quality control of the patient care provided by the applicant's service. No medical control physician acting in good faith who participates in the review or evaluation of the services provided by the applicant to help improve the quality of patient care is liable for any civil damages as a result of any act or omission by the physician in the course of a review or evaluation.  (D) Applicants shall renew licenses and permits every two years.  HISTORY: 1962 Code Section 32-905.34; 1974 (58) 2370; 1996 Act No. 263, Section 4; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 A vehicle must not be operated as an ambulance, unless its licensed owner applies for and receives an ambulance permit issued by the department for that vehicle. Prior to issuing an original permit for an ambulance, the vehicle for which the permit is issued shall meet all requirements as to vehicle design, construction, staffing, medical and communication equipment and supplies, and sanitation as set forth in this article or in the standards and regulations promulgated by the board. Absent revocation or suspension, permits issued for ambulances are valid for a period not to exceed two years.  HISTORY: 1962 Code Section 32-905.35; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 As used in this article:  (1) "Department" means the South Carolina Department of Health and Environmental Control.  (2) "Designation" means a formal determination by the department that a hospital or health care facility is capable of providing a specified level of trauma care services.  (3) "Emergency Medical Services Advisory Council" means the emergency medical services council created in Section 44-61-30(c).  (4) "Participating providers" means those providers that have been approved by the department for participation in the trauma system and include, but are not limited to, designated trauma centers, designated rehabilitation facilities, and designated fee for service physicians who provide trauma care within a designated facility.  (5) "State Trauma Advisory Council" means the state advisory council created in this article.  (6) "Trauma" means a major injury or wound to a living person caused by the application of an external force or by violence and the requiring immediate medical or surgical intervention to prevent death or permanent disability. For the purposes of this article, the definition of "trauma" must be determined by current national medical standards including, but not limited to, trauma severity scales.  (7) "Trauma care facility" or "trauma center" means a hospital that has been designated by the department according to the rules and regulations set forth by the department to provide trauma care services at a particular level.  (8) "Trauma registry" means a statewide database of information collected by the department including, but not limited to, the incidence, severity, and causes of trauma and the care and outcomes for certain types of injuries.  (9) "Trauma system" means an organized statewide and regional system of care for the trauma patient, including the department, emergency medical service providers, hospitals, in-patient rehabilitation providers, and other providers who have agreed to participate in and coordinate with and who have been accepted by the department in an organized statewide system.  (10) "Trauma System Fund" means the separate fund established pursuant to this article for the department to create and administer the State Trauma System.  (11) "Verification" means the department's inspection of a participating facility in order to determine whether the facility is capable of providing a designated level of trauma care.  HISTORY: 2004 Act No. 232, Section 1, eff May 11, 2004.
 (A) The Department of Health and Environmental Control, with the advice of the Trauma Advisory Council, established pursuant to Section 44-61-530, may develop standards and promulgate regulations for the creation and establishment of a State Trauma Care System to promote access to trauma care for all residents of the State.  (B) In developing this system, the department shall take into consideration current recognized national standards for trauma care systems including, but not limited to, standards for trauma care cited in "Resources for Optimal Care of the Injured Patient" adopted by the American College of Surgeons' Committee on Trauma and the guidelines for trauma care systems adopted by the American College of Emergency Physicians.  (C) All authority and responsibility for the Trauma Care System is vested in the department and the department may:  (1) establish minimum standards for levels of designation as a trauma center, consistent with this article, through regulations promulgated by the department;  (2) require facilities applying for trauma center designation or other participation in the Trauma Care System to submit an application in a manner and form prescribed by the department;  (3) conduct on-site inspections and reviews of facilities seeking designation or participation in the Trauma Care System. As part of this process, the department may review or request records and other information it considers reasonably necessary to determine a facility's ability to comply with the minimum trauma care standards set by the department for a particular level or type of designation;  (4) when appropriate, designate applicant hospitals as trauma centers, which are authorized to provide a level of trauma care based on criteria established pursuant to this article;  (5) periodically verify, or inspect, or both, designated trauma centers and other participating providers to assure compliance with the provisions of this article and regulations promulgated pursuant to this article. Information received by the department through filed reports, inspections, or as otherwise authorized under this article must not be disclosed publicly in such a manner as to identify individuals or hospitals or other participating providers except in proceedings involving the denial, change, or revocation of a trauma center designation or type, the imposition of a fine, or the determination that a provider is no longer eligible to participate in the Trauma Care System;  (6) promote access to quality trauma care by encouraging facilities in all areas of the State to participate in the trauma system and to attempt to meet the minimum standards as established by the department pursuant to this article;  (7) oversee a continuing quality improvement system for the statewide Trauma Care System.  (D) Within one year of the effective date of regulations promulgated pursuant to this article, a trauma center designated prior to the effective date of this article, which wishes to remain a designated trauma center, must comply with the provisions of this article and submit an application and obtain approval by the department to maintain its status as a designated trauma center.  (E)(1) The department may immediately revoke or change a trauma center's designation if the trauma center fails to meet prescribed requirements for designation at a particular level or no longer meets established standards and criteria.  (2) The department may immediately determine that a participating facility or provider is no longer eligible for participation in the trauma system and remove that provider from the system or impose a fine, or both, if the facility or provider no longer meets established standards and criteria.  (F) The department may fine any provider or facility that displays an inaccurate trauma center designation or holds itself out to be a designated trauma care center or participating trauma care system provider without first obtaining the department's approval and meeting established criteria for participation or designation or provides false information to the department or otherwise violates the conditions of this article or regulations promulgated pursuant to this article. The department may also levy fines on any licensed emergency medical service provider found out of compliance with this or other related emergency medical service statutes or regulations. Maximum and minimum fine limits must be established in regulation.  (G) The Trauma Care Fund, established pursuant to Section 44-61-540, may retain fines collected pursuant to this article up to an amount of twenty-five thousand dollars per fiscal year. Amounts collected in excess of twenty-five thousand dollars per fiscal year must be deposited into the general fund of the State.  (H) An appeal of a department decision involving an application, the revocation or changing of a designation, or a decision involving fines imposed under this article are governed by the Administrative Procedures Act.  HISTORY: 2004 Act No. 232, Section 1, eff May 11, 2004.
 (A) There is established the Trauma Advisory Council composed of, but not limited to, the following members to be appointed by the director of the department for terms of three years and members may be reappointed:  (1) a surgeon who oversees trauma care at each designated level, upon the recommendation of the South Carolina Chapter of the American College of Surgeons;  (2) a hospital administrator from each designated level, upon the recommendation of the South Carolina Hospital Association;  (3) a hospital administrator from a nondesignated facility, upon the recommendation of the South Carolina Hospital Association;  (4) an emergency physician representative from each designated level, upon the recommendation of the South Carolina Chapter of the College of Emergency Physicians;  (5) a trauma nurse coordinator from each designated level, upon the recommendation of the Trauma Association of South Carolina;  (6) the chairman of the South Carolina Department of Health and Environmental Control's Medical Control Committee;  (7) one public and one private field emergency medical services provider, upon the recommendation of the Emergency Medical Services Association;  (8) a physician, upon the recommendation of the South Carolina Medical Association;  (9) the chairman of the Committee on Trauma of the South Carolina Chapter of the American College of Surgeons;  (10) a rehabilitation center administrator, upon the recommendation of the South Carolina Hospital Association;  (11) the chairman of the Emergency Medical Services Advisory Council of the South Carolina Department of Health and Environmental Control;  (12) a representative from the South Carolina State Office of Rural Health;  (13) a third party payor representative, upon the recommendation of the Insurance Commissioner;  (14) a consumer representative appointed by the director;  (15) a representative from the South Carolina Department of Disabilities and Special Needs;  (16) a representative from the South Carolina Department of Health and Human Services;  (17) an orthopedic physician representative, upon the recommendation of the South Carolina Orthopedic Association; and  (18) a pediatric physician representative, upon the recommendation of the South Carolina Chapter of the American Academy of Pediatrics.  (B) The Chairman of the Trauma Advisory Council must be appointed by the director of the department from the membership of the council. The council members shall select a vice chairman from their membership. The council shall meet at least twice a year or at the call of the chairman. The council is authorized to create an executive committee made up of the chairman and vice chairman and no more than five other members from the membership of the council. The department's Emergency Medical Services Division shall provide staff support to the council.  (C) The Trauma Advisory Council shall act as an advisory body for trauma care system development and provide technical support to the department in areas of trauma care system design, trauma standards, data collection and evaluation, quality improvement, trauma system funding, and evaluation of the trauma care system and trauma care programs.  HISTORY: 2004 Act No. 232, Section 1, eff May 11, 2004; 2008 Act No. 230, Section 1, eff upon approval (became law without the Governor's signature on May 15, 2008).
 (A) There is created the South Carolina State Trauma Care Fund. In addition to those monies appropriated to the fund in the general appropriations act, the fund may receive gifts, bequests, grants, fees, or other contributions or donations from public or private entities.  (B) The fund must be a separate and distinct fund for the payment of the Department of Health and Environmental Control's expenses in establishing, administering, and overseeing the Trauma Care System. After the payment of the department's operating expenses from the fund, the department may authorize and allocate the distribution of any remaining funds for any or all of the following purposes:  (1) distribution of financial aid to participating providers using a formula based on criteria and factors identified in regulations promulgated by the department pursuant to this article. All providers receiving funds must be located within this State;  (2) distribution of any remaining funds for grants for proposals related to trauma care in this State which may include, but are not limited to, research, injury prevention, education, and planning and development of related services under this article;  (3) other expenses or providers considered appropriate by the department related to the purposes of this article.  (C) If there is adequate funding in the State Trauma Care Fund, the department shall promulgate regulations to establish the distribution of funds in accordance with the purposes stated in subsection (B). The department is solely responsible for determining the priority of distributions and may use contracts with other agencies, including the Department of Health and Human Services, in the distribution of these funds.  (D) Money remaining in the fund at the end of a fiscal year carries forward to the next fiscal year for the purposes stated in this article. If the trauma system ceases to exist and money remains in the Trauma Fund, the remaining money must be distributed in accordance with this article.  (E) All of the department's duties pursuant to this article including the requirement to promulgate regulations are contingent upon adequate funding to cover the department's operating and administrative costs. If adequate funding does not exist in the State Trauma Care Fund, the department is not obligated to carry out any duties pursuant to this article.  HISTORY: 2004 Act No. 232, Section 1, eff May 11, 2004.
 (A) The department may establish a trauma data collection and evaluation system, known as the "Trauma Registry". The Trauma Registry must be designed to include, but must not be limited to, trauma studies, patient care and outcomes, compliance with standards of verification, and types and severity of injuries in the State.  (B) The department may collect, as considered necessary and appropriate, data and information regarding patients admitted to a facility through the emergency department, through a trauma center, or directly to a special care unit. Data and information must be collected in a manner that protects and maintains the confidential nature of patient and staff identifying information.  (C) Records and reports made pursuant to this section must be held confidential within the department and must not be available to the public, admissible as evidence, or subject to discovery by subpoena. Information that identifies individual patients must not be disclosed publicly without the patient's consent.  (D) All data collection and data inquiry activity shall follow federally established Health Insurance Portability and Accountability Act guidelines.  HISTORY: 2004 Act No. 232, Section 1, eff May 11, 2004.
 (A) Such equipment as deemed necessary by the department must be required of organizations applying for ambulance permits. Each licensee of an ambulance shall comply with regulations as may be promulgated by the board and shall maintain in each ambulance, when it is in use as such, all equipment as may be prescribed by the board.  (B) The transportation of patients and the provision of emergency medical services shall conform to standards promulgated by the board.  HISTORY: 1962 Code Section 32-905.36; 1974 (58) 2370; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 This article may be cited as the "Stroke System of Care Act of 2011" and is based on recommendations of the Stroke System of Care Study Committee provided for in Act 121 of 2009.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 The General Assembly finds that:  (1) An effective system to support optimal stroke care is needed in our communities in order to treat stroke patients in a timely manner, improve the overall treatment of stroke patients, increase survival, and decrease the disabilities associated with stroke.  (2) There is a public health need for acute care hospitals in this State to become primary stroke centers to ensure the rapid triage, diagnostic evaluation, and treatment of patients suffering a stroke. There is also a need for a pre-hospital emergency transport system that identifies and transports potential stroke patients as quickly as possible to the most appropriate facility for stroke treatment.  (3) Primary stroke centers for the treatment of acute stroke should be established in as many acute care hospitals as possible. In addition, hospitals that do not have primary stroke center certification but use telemedicine or other means to facilitate acute or early stroke treatment should be integrated, along with primary stroke centers, within a system of care to evaluate, stabilize, and provide emergency and inpatient care to patients with acute stroke.  (4) It is in the best interest of the residents of South Carolina to establish a program to facilitate identification and development of stroke treatment capabilities throughout the State. This program will provide a system of stroke care that will include specific patient care and support services criteria that will ensure stroke patients receive safe and effective care in stroke care centers statewide.  (5) It is also in the best interest of the people of South Carolina to modify the state's emergency medical response system to ensure that potential stroke patients are quickly identified and transported to and treated in facilities that have the capability for providing timely and effective treatment for stroke patients.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 As used in this article:  (1) "Department" means the South Carolina Department of Health and Environmental Control.  (2) "Director" means the Director of the South Carolina Department of Health and Environmental Control.  (3) "Joint Commission" means the Joint Commission, formerly known as the Joint Commission on Accreditation of Healthcare Organizations, a not-for-profit organization that accredits hospitals and other health care organizations.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 (A) The director shall identify hospitals that meet the criteria set forth in this article as primary stroke centers and stroke enabled centers through telemedicine.  (B) The department shall establish a process to recognize as "primary stroke centers" as many accredited acute care hospitals as apply and are certified as primary stroke centers by the Joint Commission or another nationally recognized organization that provides disease-specific certification or accreditation for stroke care, provided that each applicant continues to maintain this certification or accreditation and notifies the department in a timely manner of initial and subsequent certification or accreditation.  (C) As nationally recognized, disease-specific certification or accreditation programs become available at more comprehensive and less comprehensive levels, including, but not limited to, a designation for "acute stroke capable centers", the department may adopt and recognize those hospitals that have achieved the certification or accreditation.  (D) A hospital that no longer meets nationally recognized, evidenced-based standards for primary stroke centers, or other programs as they become recognized by the department, shall notify the department and the Stroke System of Care Advisory Council within thirty days.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 Organizations applying for emergency medical responder licensure must comply with equipment, training, and certification standards and other requirements promulgated by the department in regulation.  HISTORY: 1996 Act No. 263, Section 1; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 (A) There is established a Stroke System of Care Advisory Council to be appointed by the director of the department. Representation on the council must be as geographically diverse as possible and composed of, but not limited to, knowledgeable and experienced individuals from the following areas:  (1) a hospital administrator, or designee, from a primary stroke center, upon the recommendation of the South Carolina Hospital Association;  (2) a hospital administrator, or designee, from a hospital with a stroke telemedicine program that is not a primary stroke center upon the recommendation of the South Carolina Hospital Association;  (3) a hospital administrator, or designee, from a hospital capable of providing emergent stroke care as levels of nationally recognized, disease-specific certification or accreditation programs become available, upon the recommendation of the South Carolina Hospital Association;  (4) a licensed neurologist from a primary stroke center, upon the recommendation of the South Carolina Medical Association;  (5) a licensed emergency department physician who also serves as an emergency medical services medical director from a hospital capable of providing emergent stroke care, upon the recommendation of the South Carolina Chapter of the College of Emergency Physicians;  (6) a licensed emergency medical services agency representative, upon the recommendation of the South Carolina Emergency Medical Services Advisory Council of the Department of Health and Environmental Control;  (7) a licensed emergency medical services agency representative, upon the recommendation of the South Carolina Emergency Medical Services Association;  (8) a licensed air ambulance representative, upon the recommendation of the South Carolina Association of Air Medical Services;  (9) a representative from a rehabilitation facility that provides comprehensive inpatient post-acute stroke services, upon the recommendation of the South Carolina Hospital Association;  (10) an acute stroke patient advocate; and  (11) a representative from the American Stroke Association.  (B) Members shall serve terms of three years and may be reappointed. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The director shall appoint the chairman of the council from the membership of the council, and council members may select a vice chairman from their membership. The council shall meet at least twice a year or at the call of the chairman.  (C) The Stroke Advisory Council is responsible for advising the department on the development and implementation of a statewide system of stroke care in accordance with this article.  (D) Members of the council shall serve without compensation, mileage, per diem, or subsistence.  (E) The director shall provide a formal progress report of the status of this statewide system of stroke care to the General Assembly no later than January 15, 2014.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 (A)(1) The department, before June first of each year, shall distribute the list of primary stroke centers, stroke enabled centers through telemedicine, and other centers that meet the criteria for disease-specific certification or accreditation programs as they become available to each licensed emergency medical services provider in this State. This list must be posted on the department website and be continuously updated.  (2) For the purposes of this article, the department may include on its distribution list pursuant to subsection (A)(1) primary stroke centers in North Carolina and Georgia that are certified by the Joint Commission, or are otherwise designated by those states' departments of public health as meeting the criteria for primary stroke centers.  (B) The department, in consultation with the Stroke System of Care Advisory Council, shall adopt and distribute a nationally recognized, standardized stroke-triage assessment tool. The department must post the stroke-triage assessment tool on its website and provide a copy, which may be an electronic copy, of the stroke-triage assessment tool to each licensed emergency medical services provider before January 31, 2012. Each licensed emergency medical services provider must establish a stroke assessment and triage system that incorporates the department approved stroke-triage assessment tool.  (C) The department, through the Division of Heart Disease and Stroke Prevention and the Division of Emergency Medical Services, shall develop and implement the statewide system of stroke care in accordance with this article and shall give consideration to recommendations submitted by the Stroke Advisory Council.  (D) Each licensed emergency medical services provider must comply with all sections of this article before June 1, 2012.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 (A) The department, in consultation with the Stroke System of Care Advisory Council, shall:  (1) provide assistance for sharing information and data among health care providers on ways to improve the quality of care;  (2) facilitate the communication and analysis of health information and data among health care professionals providing care for individuals with stroke;  (3) collect data regarding the transition of care to community-based follow-up care in hospital outpatient, physician office, and ambulatory clinic settings for ongoing care after hospital discharge following acute treatment for a stroke;  (4) set expectations for hospitals and emergency medical services agencies to report data on the treatment of individuals with suspected stroke within the statewide system of stroke care; and  (5) establish a Stroke Registry Task Force, as a subcommittee of the Stroke System of Care Advisory Council, which shall maintain a statewide stroke registry database that compiles information and statistics on stroke care that align with the stroke consensus metrics developed and approved by the American Heart Association, American Stroke Association, Centers for Disease Control and Prevention, and the Joint Commission. The department shall utilize the stroke registry data platform of "Get With The Guidelines-Stroke" or another nationally recognized data set platform with confidentiality standards no less secure. To every extent possible, the department shall coordinate with national voluntary health organizations involved in stroke quality improvement to avoid duplication and redundancy.  (6) The Stroke Registry Task Force shall:  (a) analyze data generated by the statewide stroke registry database on stroke care;  (b) identify potential interventions to improve stroke care in geographic areas or regions of the State; and  (c) provide recommendations to the department and the General Assembly for the improvement of stroke care in the State.  (B) Except to the extent necessary to address continuity of care issues, health care information must not be provided in a format that contains individually identifiable information about a patient. The sharing of health care information containing individually identifiable information about patients must be limited to that information necessary to address continuity of care issues, and otherwise must be in accordance with, and subject to, the confidentiality provisions required by applicable state and federal law, including, but not limited to, the federal Health Insurance Portability and Accountability Act and regulations pursuant to that act.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 This article is not a medical practice guideline and may not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually, based on each patient's needs and circumstances.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 (A) The department has the authority to promulgate regulations to carry out the purposes of this article.  (B) All of the department's duties pursuant to this article are contingent upon adequate funding to cover the department's operating and administrative costs and upon the promulgation of regulations. If adequate funding does not exist, the department is not obligated to carry out any duties pursuant to this article. The department is not obligated to carry out any duties pursuant to this article until the applicable regulations have been promulgated.  HISTORY: 2011 Act No. 62, Section 1, eff June 21, 2011.
 (A) The department may enforce rules, regulations, and standards promulgated pursuant to this article. An enforcement action taken by the department may be appealed pursuant to Article 3, Chapter 23, Title 1.  (B) Grounds for an enforcement action against an authorization, license, or permit exist for violation of a regulation promulgated pursuant to this article. The department may suspend a license pending an investigation of an alleged violation or complaint. The department may impose a civil monetary penalty up to five hundred dollars per offense per day to a maximum of ten thousand dollars and revoke or suspend the provider's license or permit if the department finds that a service has:  (1) allowed uncertified personnel to perform patient care;  (2) falsified required forms or paperwork as required by the department;  (3) failed to maintain required equipment as evidenced by past compliance history;  (4) failed to maintain a medical control physician;  (5) failed to maintain equipment in working order; or  (6) failed to respond to a call within the response area of the service without providing for response by an alternate service.  (C) Whoever hinders, obstructs, or interferes with a duly authorized agent of the department while in the performance of his duties or violates a provision of this article or regulation of the board promulgated pursuant to this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars and not more than five thousand dollars or by imprisonment for not less than ten days nor more than six months for each offense. Information pertaining to the license or permit is admissible in evidence in all prosecutions under this article if it is consistent with applicable statutory provisions.  (D) If a permitted ambulance or licensed emergency medical responder service fails inspection or loses points upon initial inspection, a civil monetary penalty must not be levied. Instead, a copy of the inspection report will be given to the service indicating deficiencies found and a request for a letter of compliance and a time period by which to correct the deficiencies will be issued. Upon reinspection, any deficiencies found will be assigned a point value and fine schedule or the permit will be revoked, or both. The fine schedule is found in Regulation 61-7.  HISTORY: 1962 Code Section 32-905.37; 1974 (58) 2370; 1981 Act No. 144, Section 3; 1993 Act No. 181, Section 1137; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 In order to protect the public through verification of competency and ensure accountability for patient care-related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:  (1) increase public access to EMS personnel;  (2) enhance the states' ability to protect the public's health and safety, especially patient safety;  (3) encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;  (4) support licensing of military members who are separating from an active duty tour and their spouses;  (5) facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information;  (6) promote compliance with the laws governing EMS personnel practice in each member state; and  (7) invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 For purposes of this article:  (1) "Advanced emergency medical technician" or "AEMT" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.  (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.  (3) "Alternative program" means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority.  (4) "Certification" means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.  (5) "Commission" means the national administrative body of which all states that have enacted the compact are members.  (6) "Emergency medical technician (EMT)" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.  (7) "Home state" means a member state where an individual is licensed to practice emergency medical services.  (8) "License" means the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic.  (9) "Medical director" means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.  (10) "Member state" means a state that has enacted this compact.  (11) "Paramedic" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.  (12) "Privilege to practice" means an individual's authority to deliver emergency medical services in remote states as authorized under this compact.  (13) "Remote state" means a member state in which an individual is not licensed.  (14) "Restricted" means the outcome of an adverse action that limits a license or the privilege to practice.  (15) "Rule" means a written statement by the interstate Commission promulgated pursuant to Section 44-61-820 that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.  (16) "Scope of practice" means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, scope of practice tends to represent the limits of services an individual may perform.  (17) "Significant investigatory information" means:  (a) investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or  (b) investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.  (18) "State" means any state, commonwealth, district, or territory of the United States.  (19) "State EMS Authority" means the board, office, or other agency with the legislative mandate to license EMS personnel.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.  (B) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.  (C) A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:  (1) currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;  (2) has a mechanism in place for receiving and investigating complaints about individuals;  (3) notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;  (4) no later than five years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. Section 731.202 and submit documentation of such as promulgated in the rules of the Commission; and  (5) complies with the rules of the Commission.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 44-61-730.  (B) To exercise the privilege to practice under the terms and provisions of this compact, an individual must:  (1) be at least eighteen years of age;  (2) possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state-recognized and licensed level with a scope of practice and authority between EMT and paramedic; and  (3) practice under the supervision of a medical director.  (C) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the Commission.  (D) Except as provided in subsection (C), an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the Commission.  (E) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.  (F) If an individual's privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:  (1) the individual originates a patient transport in a home state and transports the patient to a remote state;  (2) the individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;  (3) the individual enters a remote state to provide patient care and/or transport within that remote state;  (4) the individual enters a remote state to pick up a patient and provide care and transport to a third-member state; or  (5) other conditions as determined by rules promulgated by the Commission.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.  (B) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.  (C) All individuals functioning with a privilege to practice under this section remain subject to the Adverse Actions provisions of Section 44-61-780.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.  (B)(1) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.  (2) All home state adverse-action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.  (3) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.  (C) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.  (D) A remote state may take adverse action on an individual's privilege to practice within that state.  (E) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.  (F) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.  (G) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:  (1) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and  (2) issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) All ambulance attendants shall obtain a valid emergency medical technician certificate unless an exception is granted pursuant to regulations promulgated by the department. A person who provides patient care that is within the scope of an emergency medical technician without obtaining proper certification from the department shall be sanctioned in accordance with a Class I civil penalty as defined in Regulation 61-7(304), unless an exception was granted as provided for in this subsection.  (B) The department shall develop and approve educational standards for the necessary classification of emergency medical technicians and approve the training program for the necessary classifications of emergency medical technicians.  (C) A person seeking EMT certification must pass the National Registry of Emergency Medical Technicians examination for the level of certification desired and meet other requirements established by the department. The department will make a determination of the applicant's qualifications and, if appropriate, issue a certificate to the applicant.  (D) A person seeking EMT certification or recertification must undergo a state criminal history background check, supported by fingerprints by the South Carolina Law Enforcement Division (SLED), and a national criminal history background check, supported by fingerprints by the Federal Bureau of Investigation (FBI). The results of these criminal history background checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal history background check must not exceed eight dollars and must be paid by the EMT or the EMS agency upon application for the state check. The cost of the national criminal history background check is established by the FBI and must be paid by the EMT or the EMS agency upon application for the national check. The state and national criminal history background checks are not required for an EMT employed as of July 1, 2008, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:  (1) felonies involving criminal sexual conduct;  (2) felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual conduct with a minor, making or distributing child pornography or using a child in a sexual display, incest involving a child, or assault on a vulnerable adult;  (3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.  Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.  (E) EMT certification is valid for a period not exceeding four years from the date of issuance and must be renewed by undergoing a state and national criminal history background check as provided for in subsection (D) and providing documentation to the department of current national registration for the appropriate level of certification and any other credential as required by the department. The national registry credential must be renewed in accordance with National Registry of Emergency Medical Technicians policies and procedures. An individual who was certified in this State before October 2006, and has continuously maintained certification, may continue to renew certification without a national registry credential if the individual has successfully completed all other requirements as established by the department in regulation.  (F) The department may take enforcement action against the holder of a certificate at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department or has failed to provide to patients emergency medical treatment of a quality deemed acceptable by the department or is guilty of misconduct. Misconduct means that, while holding a certificate, the holder:  (1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with the certification requirements or official documents required by the department;  (2) was convicted of or currently under indictment for a felony or another crime involving moral turpitude, drugs, or gross immorality;  (3) was addicted to alcohol or drugs to such a degree as to render him unfit to perform as an EMT;  (4) sustained a mental or physical disability that renders further practice by him dangerous to the public;  (5) obtained fees or assisted another in obtaining fees under dishonorable, false, or fraudulent circumstances;  (6) disregarded an appropriate order by a physician concerning emergency treatment or transportation;  (7) at the scene of an accident or illness, refused to administer emergency care based on the age, sex, race, religion, creed, or national origin of the patient;  (8) after initiating care of a patient at the scene of an accident or illness, discontinued care or abandoned the patient without the patient's consent or without providing for the further administration of care by an equal or higher medical authority;  (9) revealed confidences entrusted to him in the course of medical attendance, unless this revelation was required by law or is necessary in order to protect the welfare of the individual or the community;  (10) by action or omission and without mitigating circumstance, contributed to or furthered the injury or illness of a patient under his care;  (11) was careless, reckless, or irresponsible in the operation of an emergency vehicle;  (12) performed skills above the level for which he was certified or performed skills that he was not trained to do;  (13) observed the administration of substandard care by another EMT or other medical provider without documenting the event and notifying a supervisor;  (14) by his actions or inactions, created a substantial possibility that death or serious physical harm could result;  (15) did not take or complete remedial training or other courses of action as directed by the department as a result of an investigation or inquiry;  (16) was found to be guilty of the falsification of documentation as required by the department;  (17) breached a section of the Emergency Medical Services Act of South Carolina or a subsequent amendment of the act or any rules or regulations published pursuant to the act.  The department is further authorized to suspend a certificate pending the investigation of any complaint or allegation regarding the commission of an offense including, but not limited to, those listed above.  (G) All instructors of emergency medical technician training courses must be certified by the department pursuant to requirements established by the board; and all such training courses shall be supervised by certified instructors.  HISTORY: 1962 Code Section 32-905.38; 1974 (58) 2370; 1980 Act No. 420, Section 1; 1981 Act No. 144, Section 4; 1986 Act No. 527, Section 1; 2004 Act No. 271, Section 1, eff July 16, 2004; 2008 Act No. 304, Section 1, eff July 1, 2008; 2010 Act No. 157, Section 1, eff May 11, 2010.
 (A)(1) The compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.  (2) The Commission is a body politic and an instrumentality of the compact states.  (3) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.  (4) Nothing in this compact shall be construed to be a waiver of sovereign immunity.  (B)(1) Each member state shall have and be limited to one delegate. The responsible official of the state EMS authority or his or her designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate.  (2) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.  (3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.  (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 44-61-820.  (5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:  (a) noncompliance of a member state with its obligations under the compact;  (b) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees, or other matters related to the Commission's internal personnel practices and procedures;  (c) current, threatened, or reasonably anticipated litigation;  (d) negotiation of contracts for the purchase or sale of goods, services, or real estate;  (e) accusing any person of a crime or formally censuring any person;  (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential;  (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;  (h) disclosure of investigatory records compiled for law enforcement purposes;  (i) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or  (j) matters specifically exempted from disclosure by federal or member state statute.  (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.  (C)(1) The Commission shall by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:  (a) establishing the fiscal year of the Commission;  (b) providing reasonable standards and procedures:  (i) for the establishment and meetings of other committees; and  (ii) governing any general or specific delegation of any authority or function of the Commission;  (c) providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;  (d) establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;  (e) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;  (f) promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees; and  (g) providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and/or reserving of all of its debts and obligations.  (2) The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any.  (3) The Commission shall maintain its financial records in accordance with the bylaws.  (4) The Commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.  (D) The Commission shall have the following powers:  (1) the authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;  (2) to bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;  (3) to purchase and maintain insurance and bonds;  (4) to borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state;  (5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;  (6) to accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;  (7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;  (8) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;  (9) to establish a budget and make expenditures;  (10) to borrow money;  (11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;  (12) to provide and receive information from, and to cooperate with, law enforcement agencies;  (13) to adopt and use an official seal; and  (14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.  (E)(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.  (2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.  (3) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.  (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.  (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.  (F)(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.  (2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct.  (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.  (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:  (1) identifying information;  (2) licensure data;  (3) significant investigatory information;  (4) adverse actions against an individual's license;  (5) an indicator that an individual's privilege to practice is restricted, suspended, or revoked;  (6) nonconfidential information related to alternative program participation;  (7) any denial of application for licensure, and the reason(s) for such denial; and  (8) other information that may facilitate the administration of this compact, as determined by the rules of the Commission.  (C) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.  (D) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.  (E) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.  (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state.  (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.  (D) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:  (1) on the website of the Commission; and  (2) on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.  (E) The Notice of Proposed Rulemaking shall include:  (1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;  (2) the text of the proposed rule or amendment and the reason for the proposed rule;  (3) a request for comments on the proposed rule from any interested person; and  (4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.  (F) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.  (G) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:  (1) at least twenty-five persons;  (2) a governmental subdivision or agency; or  (3) an association having at least twenty-five members.  (H)(1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.  (2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.  (3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.  (4) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.  (5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.  (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.  (J) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.  (K) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.  (L) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:  (1) meet an imminent threat to public health, safety, or welfare;  (2) prevent a loss of Commission or member state funds;  (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or  (4) protect public health and safety.  (M) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A)(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.  (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Commission.  (3) The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this compact, or promulgated rules.  (B)(1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall:  (a) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and  (b) provide remedial training and specific technical assistance regarding the default.  (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.  (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.  (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.  (5) The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the Commission and the defaulting state.  (6) The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.  (C)(1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.  (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.  (D)(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.  (2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.  (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 (A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth-member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.  (B) Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.  (C)(1) Any member state may withdraw from this compact by:  (a) enacting a statute repealing the same; or  (b) by action of the Governor.  (2) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute or withdrawal by the Governor.  (3) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse-action reporting requirements of this act prior to the effective date of withdrawal.  (D) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.  (E) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.  HISTORY: 2018 Act No. 248 (H.4486), Section 1, eff May 18, 2018.
 Each licensee shall maintain records that include approved patient care report forms, employee or member rosters or both, and training records. These records must be available for inspection by the department at any reasonable time and copies must be furnished to the department upon request.  HISTORY: 1962 Code Section 32-905.39; 1974 (58) 2370; 1981 Act No. 144, Section 5; 1996 Act No. 263, Section 5; 2004 Act No. 271, Section 1, eff July 16, 2004; 2010 Act No. 157, Section 1, eff May 11, 2010.
 The Department of Health and Environmental Control shall prepare the necessary methods and forms for obtaining vital statistics.  HISTORY: 1962 Code Section 32-1101; 1952 Code Section 32-1101; 1942 Code Section 5007; 1932 Code Section 5014; Civ. C. '22 Section 2325; Civ. C. '12 Section 1584; Civ. C. '02 Section 1090; G. S. 918; R. S. 969; 1878 (16) 730; 1988 Act No. 341, Section 1.
 (A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gender at birth, gender changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order.  (B) The petition must allege that the person for whom a delayed certificate of birth is sought was born in this State, that no record of birth exists, and that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics for an administrative establishment of a delayed birth certificate. A certification from the State Registrar of Vital Statistics must be attached to the petition stating that no birth record has been located in the records of this State. This certification must be dated less than two years before the petitions' filing date.  (C) The petitioner shall serve a certified copy of the filed petition on the State Registrar of Vital Statistics at least thirty days before a scheduled hearing. The court shall fix the time and place of the hearing on the petition for establishment of birth registration, and at least ten days' notice in writing must be given to the State Registrar of Vital Statistics.  (D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gender at birth, gender changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary. The order also must include a description of the evidence presented to the court. The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.  HISTORY: 1962 Code Section 32-1123.1; 1970 (56) 2552; 1986 Act No. 465; 1988 Act No. 341, Section 1; 2006 Act No. 324, Section 1, eff June 6, 2006.
 For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90 or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of the Department of Health and Environmental Control must be paid by the applicant, except that the Department of Social Services or its designee is not required to pay a fee when the information is needed for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. When verification of the facts contained in these records is needed for Veterans Administration purposes in connection with a claim, it must be furnished without charge to the Veterans' Affairs Department of the Governor's Office or to a county veterans affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter.  HISTORY: 1962 Code Section 32-1124; 1952 Code Section 32-1124; 1945 (44) 80; 1951 (47) 437; 1952 (47) 2146; 1956 (49) 2019; 1970 (56) 2552; 1978 Act No. 587 Section 2; 1979 Act No. 41 Section 2; 1979 Act No. 196 Section 1; 1988 Act No. 341, Section 1; 1993 Act No. 181, Section 1139; 1997 Act No. 71, Section 14.  Code Commissioner's Note  Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, Section 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs.
 The state registrar shall remit all fees received by him under the provisions of this chapter to the State Treasurer each month.  HISTORY: 1962 Code Section 32-1126; 1952 Code Section 32-1126; 1951 (47) 437; 1988 Act No. 341, Section 1.
 Upon receipt of a certified Certificate of Adoption pursuant to Section 63-9-790:  (1)(a) For a person born in this State, the state registrar shall prepare a supplementary Certificate of Birth in the name of the adoptee, free of any reference to or indication of the fact that the child was adopted and showing the adoptive parents as the parents, except that an adoption of an adult must display the words "By Adoption" on the face of the amended certificate.  Text of (1)(b) effective until May 16, 2023.  (b) The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction. However, a person eighteen years of age or older who was born in the State of South Carolina and who has had his original certificate of birth sealed due to an adoption may, upon written request to the state registrar, receive a copy of his original birth certificate and any evidence of the adoption held with the original record if the biological parent has completed a form consenting to the release of the original birth certificate. The form also must allow for the biological parent to indicate contact preference and to consent to release of medical history pursuant to item (1)(c). The copy of the original birth certificate must be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to nonadopted citizens born in the State of South Carolina seeking copies of certificates of birth apply.  Text of (1)(b) effective May 16, 2023.  (b)(i) The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction or as provided in this subitem.  (ii) A person eighteen years of age or older who was born in the State of South Carolina and who has had his original certificate of birth sealed due to an adoption may, upon written request to the state registrar, receive a copy of his original birth certificate and any evidence of the adoption held with the original record, regardless of the date on which the adoption was finalized, if:  (A) a biological parent has completed a form consenting to the release of the original birth certificate or has provided notarized written consent to the release of the original birth certificate; or  (B) the adoptee brings to the department a certification from the department or an office of vital records in another jurisdiction certifying that a biological parent is deceased.  This provision allows adoptees who have reached the age of eighteen to access a copy of their original birth certificate and accompanying evidence of adoption with the consent of a biological parent, or if a biological parent is deceased, and applies retroactively, regardless of the date on which the adoption was finalized.  (iii) The form referenced in subitem (b)(ii) also must allow for a biological parent to indicate contact preference and to consent to release of medical history pursuant to item (1)(c). The copy of the original birth certificate must be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to nonadopted citizens born in the State of South Carolina seeking copies of certificates of birth apply.  (iv) Whenever an adoptee who has reached the age of eighteen applies for a copy of his original birth certificate and accompanying evidence of adoption, the department shall redact from the copy all information as to any biological parent that has not given consent in accordance with this section, unless certified as deceased.  (c) The department shall develop a contact preference form and a medical history form to provide to a biological parent upon request to be completed at his option. Upon completion, a contact preference form and a medical history form must be filed with the state registrar and accompany an original sealed birth certificate issued to an adoptee pursuant to subitem (b).  (d) The contact preference form must allow the biological parent to indicate whether he has completed or updated a medical history form and must allow the biological parent to choose one of the following contact options and provide contact information as appropriate:  (1) I would like to be contacted.  (2) I would prefer to be contacted only through an intermediary.  (3) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.  Only department staff authorized to process applications made pursuant to subitem (b) may process contact preference and medical history forms.  (e) The medical history form and contact preference form are confidential communications from the biological parent to the person named on the sealed birth certificate and must be placed in a sealed file upon receipt from the biological parent in the file containing the sealed original birth certificate. The sealed file containing the contact preference form and medical history form must be released to an adoptee requesting the adoptee's own original birth certificate pursuant to subitem (b). The contact preference form and medical history form are private communications from the biological parent to the adoptee named on the sealed birth certificate, and the state registrar shall retain a copy of the forms upon release to the adoptee.  (2) When adoption is decreed by a family court in this State of a person born in a foreign country who was not a United States citizen at birth and evidence of the date and place of birth submitted to the court and the court order setting forth the date and place of birth are attached to the Certificate of Adoption, the state registrar, when directed by the court order, shall prepare a "Certificate of Foreign Birth". The certificate, and any issued copy of the certificate, must be labeled "Certificate of Foreign Birth" and must show the actual country of birth. A statement also must be included on the certificate, and any issued copy of the certificate, that it is not evidence of United States citizenship for the person for whom it is issued.  (3) If the person was born in a foreign country and was a United States citizen at the time of birth, the state registrar may not prepare a "Certificate of Foreign Birth" but shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State.  (4) For a person born in another state in the United States, the state registrar shall transmit the certified Certificate of Adoption to the state registrar in the state of birth.  (5) When adoption is decreed in a foreign country of a person born in that country and the procedures set forth in Section 63-9-910 are followed, upon receipt of the court order with its findings and the certificate of adoption, the state registrar shall prepare a "Certificate of Foreign Birth". The certificate, and any issued copy of the certificate, must be labeled "Certificate of Foreign Birth" and must state the actual country of birth. A statement also must be included on the certificate, and any issued copy of the certificate, that it is not evidence of United States' citizenship for the person for whom it is issued.  HISTORY: 1962 Code Section 32-1129; 1952 Code Section 32-1129; 1945 (44) 3; 1956 (49) 1735; 1987 Act No. 87 Section 2; 1988 Act No. 341, Section 1; 1997 Act No. 69, Section 2; 2018 Act No. 241 (H.3775), Section 1, eff July 1, 2019; 2022 Act No. 200 (H.5000), Section 1, eff May 16, 2023.  Editor's Note  2018 Act No. 241, Section 2, provides as follows:  "SECTION 2. This act takes effect July 1, 2019, and applies only to adoptions finalized after that date."  2022 Act No. 200, Section 2, provides as follows:  "SECTION 2. This act takes effect twelve months after approval by the Governor."  Effect of Amendment  2018 Act No. 241, Section 1, rewrote (1), allowing an adult adoptee to obtain a copy of the adoptee's own original birth certificate in certain circumstances and allowing a biological parent to execute a contact preference form and a medical history form to be provided to the adult adoptee upon request.  2022 Act No. 200, Section 1, rewrote (1)(b).
 Correction of mistakes in birth and death certificates may be made by the state registrar upon written application duly verified and sworn to by the appropriate person as required by regulation and upon receipt of supporting evidence when required by regulation. Certificates corrected more than one year after the event must be marked "amended". The state registrar shall certify the corrected certificate is the true certificate. Supporting affidavits of fact must be attached to the certificate corrected more than one year after the date of the event.  HISTORY: 1962 Code Section 32-1130; 1952 Code Section 32-1130; 1944 (43) 1209; 1970 (56) 2552; 1979 Act No. 41 Section 3; 1988 Act No. 341, Section 1.
 To amend a birth record of a child legitimized under the provisions of Section 20-1-60 or 20-1-70, the Bureau of Vital Statistics shall require an affidavit of both parents and a certified copy of the parents' marriage record. However, if either the mother or the reputed father is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the family court. The original birth certificate and documents authorizing the amendment must be placed in a sealed file not to be subject to inspection except upon order of the family court.  HISTORY: 1962 Code Section 32-1130.1; 1970 (56) 2552; 1979 Act No. 41 Section 4; 1988 Act No. 341, Section 1.
 (A) It is unlawful for a person:  (1) other than the Department of Health and Environmental Control and county health departments to issue copies or certified copies of birth and death certificates or a document purporting to be a birth or death certificate;  (2) to wilfully make a false statement in a certificate, record, or report required to be filed by this chapter or a regulation, or in an application for an amendment to or for a certified copy of the certificate, record, or report, or to wilfully supply false information intending that the information be used in the preparation or amendment of the certificate, record, or report;  (3) without lawful authority to wilfully make, sell, counterfeit, alter, amend, or mutilate a certificate, record, or report required to be filed by this chapter or a regulation or a certified copy of the certificate, record, or report;  (4) to wilfully obtain, possess, use, sell, furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, for the purpose of deception, a certificate, record, report required to be filed by this chapter or a regulation, or a certified copy of these, including a certificate, record, or report or certified copy that has been counterfeited, altered, amended, or mutilated or a document purporting to be the certificate, record, or report;  (5) to wilfully violate a regulation or an order of the department relative to recording, reporting, or filing information for the Bureau of Vital Records.  (B) A person who violates a provision of item (1), (2), (3), or (4) of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both.  (C) A person who violates a provision of item (5) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.  HISTORY: 1978 Act No. 587 Section 5; 1988 Act No. 341, Section 1; 2003 Act No. 64, Section 1, eff June 25, 2003.
 Upon entry of a court order or an administrative determination that the putative father is the legal father pursuant to Section 63-17-70(A), the clerk of court shall send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on an amended certificate of birth to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control. A new certificate must be prepared for a child born in this State to reflect the name of the father determined by the court or an administrative agency of competent jurisdiction upon receipt of a certified copy of a court or administrative determination of paternity pursuant to Section 63-17-10. Orders modifying, vacating, or amending paternity orders must be handled by the clerk of court and State Registrar in the same manner. If the surname of the child is not decreed by the court, the surname must not be changed on the certificate. When an amended certificate is prepared, the original certificate and certified copy of the court order must be placed in a sealed file not to be subject to inspection except by order of the family court.  HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 20; 2019 Act No. 42 (S.21), Section 2, eff May 16, 2019.  Effect of Amendment  2019 Act No. 42, Section 2, inserted the first sentence, in the second sentence, substituted "A new certificate" for "A certificate", inserted the third sentence, and in the fourth sentence, substituted "surname must not be changed" for "request for the certificate must specify the surname to be placed".
 A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when paternity has been determined or acknowledged pursuant to Article 1, Chapter 17, Title 63. A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the Family Court.  HISTORY: 1988 Act No. 341, Section 1; 1995 Act No. 102, Part VI, Section 8; 2006 Act No. 324, Section 2, eff June 6, 2006.
 Any individual born in this State prior to 1915 who has no official record of his birth may register a delayed birth certificate under the direction of the state registrar with the county health department in the county in which he was born. Nothing in this chapter makes the registration compulsory; however, a delayed birth certificate may not be registered for a deceased person as provided by Section 44-63-90.  HISTORY: 1962 Code Section 32-1142; 1970 (56) 2555; 1988 Act No. 341, Section 1.  
 The Department of Health and Environmental Control shall establish a bureau of vital statistics and provide an adequate system for the registration and certification of births, deaths, marriages, and divorces by formulating, promulgating, and enforcing regulations prescribing the method and form of making the registration and certification.  HISTORY: 1962 Code Section 32-1102; 1952 Code Section 32-1102; 1942 Code Section 5130; 1932 Code Section 5130; Civ. C. '22 Section 2393; Civ. C. '12 Section 1596; 1914 (29) 29; 1988 Act No. 341, Section 1.
 The Director of the Department of Health and Environmental Control is the state registrar of vital statistics and shall carry into effect the regulations and orders of the department. The department shall provide suitable apartments properly equipped with fireproof vaults and filing cases for the permanent preservation of all official records.  HISTORY: 1962 Code Section 32-1103; 1952 Code Section 32-1103; 1942 Code Section 5131; 1932 Code Section 5131; Civ. C. '22 Section 2394; 1914 (29) 29; 1988 Act No. 341, Section 1; 1993 Act No. 181, Section 1138.
 The State Registrar must appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death must transmit these reports to the State Registrar at intervals prescribed by the State Registrar. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar must carry out the duties formerly carried out by local registrars without additional compensation. The county registrar must appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar must require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions.  HISTORY: 1962 Code Section 32-1105; 1952 Code Section 32-1105; 1946 (44) 1543; 1970 (56) 2556; 1988 Act No. 341, Section 1; 2002 Act No. 272, Section 2, eff May 28, 2002.
 (A) The state registrar shall develop a form entitled " Certificate of Birth Resulting in Stillbirth" for distribution to all South Carolina delivering hospitals. The hospital shall provide and offer to complete this form, prior to discharge, for mothers whose delivery resulted in a fetal death of twenty completed weeks of gestation or more or a weight of three hundred fifty grams or more. The "Certificate of Birth Resulting in Stillbirth" must be filed with the county registrar within five days following the delivery. The "Certificate of Birth Resulting in Stillbirth" does not constitute proof of a live birth and does not replace the requirement to file a Report of Fetal Death as required in Regulation 61-19, Section 21.  (B) The person preparing the "Certificate of Birth Resulting in Stillbirth" pursuant to this section shall leave blank any reference to the stillborn's name if the parent or parents do not provide this information.  HISTORY: 2004 Act No. 203, Section 2, eff April 26, 2004.  Editor's Note  2004 Act No. 203, Section 1, provides as follows:  "This act may be cited as 'Hunter's Law'."
 The state registrar, upon application by those entitled pursuant to Section 44-63-80, 44-63-82, 44-63-84, or 44-63-86, shall furnish a certificate under the seal of the department showing data from the records of births, deaths, marriages, and divorces registered with the department or a certified copy under seal of such records. Federal, state, local, and other public or private agencies must be furnished copies or data for statistical, health, or legal purposes upon such terms or conditions as prescribed by the state registrar except that upon request the Department of Social Services or its designee must be provided at no charge with a copy or certified copy of a certificate for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation.  HISTORY: 1962 Code Section 32-1121; 1952 Code Section 32-1121; 1951 (47) 437; 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 9.
 The state registrar shall prescribe the proper forms for the certification and recording of all vital statistics in this State and shall furnish copies of these forms to all county registrars and appropriate agencies in the State having the responsibility for the registration, reporting, and certification of vital statistics, data, and information.  HISTORY: 1962 Code Section 32-1122; 1952 Code Section 32-1122; 1945 (44) 80; 1967 (55) 709; 1970 (56) 2552; 1988 Act No. 341, Section 1.
 When a licensed funeral director or a licensed embalmer files a death certificate:  (1) the licensed funeral director must provide his license number and his signature in the appropriate location on the death certificate;  (2) the licensed embalmer must provide his license number and either his name or signature in the appropriate location on the death certificate.  HISTORY: 2007 Act No. 74, Section 1, eff 30 days after approval by the Governor (approved June 13, 2007).
 (A)(1) Notwithstanding any other provision of law, death certificates must be electronically filed with the Bureau of Vital Statistics as prescribed by the State Registrar of Vital Statistics within five days after death. As prescribed by law, the Bureau of Vital Statistics shall notify the State Election Commission of the decedent's death who shall subsequently notify the County Board of Voter Registration and Elections in which the decedent was a resident of the decedent's death for purposes of removing the decedent from the voter roll.  (2) The funeral director or other person acting as the funeral director who first assumes custody of a dead body shall file a death certificate. He also shall obtain:  (a) the personal data of the decedent from the next of kin or the best qualified person or source available; and  (b) the medical certification of cause of death as provided in department regulations.  (3) Medical certifications of cause of death must be completed and returned to the funeral home director within forty-eight hours after receipt of notice of the death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when an inquiry is required by a coroner or medical examiner. If the cause of death cannot be determined within forty-eight hours after death, the medical certification must be entered as pending, and the physician, medical examiner, or coroner shall submit a supplemental report to the state registrar on a form furnished by or approved by him as soon as practicable. The supplemental report shall be made a part of the death certificate. If the forty-eight hour period terminates on a weekend, federal holiday, or state holiday, the physician must file the certification by the end of the next business day. In the absence of this physician or with his approval, the certificate may be completed by his associate physician, the chief medical officer of the institution in which the death occurred, or by the pathologist who performed an autopsy upon the decedent.  (4) Death certificates must be transmitted electronically between the funeral home, or funeral home director, and the physician, coroner, or medical examiner certifying the cause of death in order to document the death certificate information prescribed by this chapter. Required signatures on death certificates must be provided by electronic signature. An individual who acts, without compensation, as a funeral director on behalf of a deceased family member or friend, is exempt from the requirement to file electronically but must comply with the requirements of items (2) or (3), as applicable.  (5)(a) A physician who fails to certify the cause of death within forty-eight hours, without good cause shown, may be assessed an administrative penalty for violating item (3). The department shall notify the Board of Medical Examiners if a penalty is assessed. Each day after the initial forty-eight hour period shall constitute an additional violation.  (b) A funeral home or funeral director who fails to file a death certificate or collect data or collect medical certification of cause of death as required in items (1), (2), or both, without good cause shown, may be assessed an administrative penalty for violating the respective item. However, the department must not assess a penalty against a funeral home or funeral director for the delay or inability to collect personal data of the decedent pursuant to item (2)(a). The department shall notify the Board of Funeral Services if a penalty is assessed. Each day after the initial five day period in item (1) shall constitute an additional violation of that item.  (c) A physician, funeral director, or funeral home that is required to file electronically pursuant to item (4) but who fails to file accordingly may be assessed an administrative penalty for violating item (4).  (d) The administrative penalties are:  (i) two hundred fifty dollars for a first violation or a warning letter;  (ii) five hundred dollars for a second violation; and  (iii) one thousand dollars for a third or subsequent violation.  (e) The department shall retain any administrative penalties collected pursuant to this subsection and must allocate all of these funds to the Bureau of Vital Statistics for its use.  (B) For purposes of this section, an electronic signature shall be as defined pursuant to the Uniform Electronic Transactions Act, Chapter 6, Title 26.  HISTORY: 2012 Act No. 199, Section 1, eff September 1, 2012; 2015 Act No. 72 (S.176), Section 1, eff January 1, 2016; 2022 Act No. 157 (H.3325), Sections 1.A, 1.B, eff July 1, 2022.  Effect of Amendment  2022 Act No. 157, Section 1.A, in (A), in (4), in the first sentence, substituted "funeral home, or funeral home director," for "funeral home director" and, in the third sentence, substituted "friend, is exempt" for "friend, physicians certifying fewer than twelve deaths per year, and funeral homes that perform fewer than twelve funerals per year are exempt".  2022 Act No. 157, Section 1.B, in (A), in (1), inserted the second sentence.
 (A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be included in the forms prescribed by the state registrar for:  (1) the recordation of birth, death, and divorce;  (2) the application of marriage.  (B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates.  HISTORY: 1994 Act No. 513, Section 5; 1997 Act No. 71, Section 10; 1999 Act No. 100, Part II, Section 105.
 (A) Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet "South Carolina Family Respect", as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165.  (B) For purposes of this section and obtaining a birth certificate, the term "other legal representative" shall include:  (1) a person or agency that has current legal custody of a registrant by any currently effective order of a court of competent jurisdiction, including a temporary order;  (2) the Department of Social Services for any individual or registrant in foster care or its legal custody;  (3) a caregiver, including a kinship caregiver, providing care to a child pursuant to any currently effective order of a court of competent jurisdiction, including a temporary order;  (4) an attorney representing the registrant or, if the parent is listed on the registrant's birth certificate, the registrant's parent;  (5) subject to the department's verification process, on behalf of a homeless child or youth served by them:  (a) a director or designee of a South Carolina governmental agency or a nonprofit organization registered with the South Carolina Secretary of State's Office that receives public or private funding to provide services to the homeless; and  (b) a South Carolina school district's McKinney-Vento liaison for homeless children or youth.  (C) The Department of Social Services may obtain a birth certificate by requesting the certificate in writing pursuant to the terms of a written agreement that shall be entered into between the Department of Health and Environmental Control and the Department of Social Services, and no copies of court orders or other third-party records shall be required when the Department of Social Services requests a birth certificate pursuant to the written agreement.  (D) When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing.  HISTORY: 1962 Code Section 32-1122.1; 1970 (56) 2552; 1978 Act No. 587 Section 1; 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 11; 2001 Act No. 4, Section 3, eff November 30, 2000; 2022 Act No. 212 (S.1025), Section 1, eff May 23, 2022.  Effect of Amendment  2022 Act No. 212, Section 1, inserted the (A) and (D) designators; in (A), deleted the fourth sentence, which related to the short form certificate or birth card being furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar; and inserted (B) and (C).
 To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates and to post the fact of death to the appropriate birth certificate. Copies issued from birth certificates marked deceased must be similarly marked. In addition to those entitled to receive certified copies of birth certificates pursuant to Section 44-63-80, certified copies of birth certificates marked deceased may be issued to a member of the registrant's immediate family under such terms and conditions as may be prescribed by the state registrar.  HISTORY: 1988 Act No. 341, Section 1.
 Copies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Upon request, the Department of Social Services or its designee must be provided with copies or certified copies of death certificates for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right. Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his possession, except that the Department of Social Services or its designee may not be charged this fee.  When fifty years have elapsed after the date of death, these records must be made available in photographic or other suitable format for public viewing.  HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 12.
 Copies of marriage certificates and reports of divorce registered with the Department of Health and Environmental Control must be issued to the parties married or divorced, their adult children, a present or former spouse of either party married or divorced, their respective legal representative, or upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Other applicants may be provided with a statement that the marriage or divorce occurred, the date, and county of the event.  HISTORY: 1988 Act No. 341, Section 1; 1997 Act No. 71, Section 13.
 When the birth of a person born in the State has not been registered, a certificate may be filed subject to these regulations prescribed by the state registrar of vital statistics. However, when it appears that an applicant for a certificate of birth cannot produce minimum prescribed documentation, satisfactory as to validity, to the state registrar, the applicant may be denied a certificate of birth and advised as to the reason for the denial. No delayed birth certificate may be registered for a deceased person.  HISTORY: 1962 Code Section 32-1123; 1952 Code Section 32-1123; 1944 (43) 1209; 1970 (56) 2552; 1988 Act No. 341, Section 1.
 This chapter may be cited as the "Adult Health Care Consent Act".  HISTORY: 1990 Act No. 472, Section 1.
 As used in this chapter:  (1) "Health care" means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. Health care also includes the provision of intermediate or skilled nursing care; services for the rehabilitation of injured, disabled, or sick persons; and the placement in or removal from a facility that provides these forms of care.  (2) "Health care provider" or "provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.  (3) "Health care professional" means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public.  (4) "Patient" means an individual sixteen years of age or older who presents or is presented to a health care provider for treatment.  (5) "Person" includes, but is not limited to, an individual, a state agency, or a representative of a state agency.  (6) "Physician" means an individual who is licensed to practice medicine or osteopathy pursuant to Chapter 47, Title 40.  (7) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient to diagnose and treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. Treatment includes, but is not limited to, psychiatric, psychological, substance abuse, and counseling services.  (8) "Unable to consent" means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This term does not apply to minors, and this chapter does not affect the delivery of health care to minors unless they are married or have been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for the care of the patient if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to the patient's health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration. If a patient unable to consent is being admitted to hospice care pursuant to a physician certification of a terminal illness required by Medicare, that certification meets the certification requirements of this item.  HISTORY: 1990 Act No. 472, Section 1; 1992 Act No. 306, Section 3; 2002 Act No. 351, Sections 2, eff July 20, 2002; 2013 Act No. 39, Section 2, eff January 1, 2014.
 (A) Where a patient is unable to consent, decisions concerning his health care may be made by the following persons in the following order of priority:  (1) a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;  (2) an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;  (3) a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:  (a) entry of a pendente lite order in a divorce or separate maintenance action;  (b) formal signing of a written property or marital settlement agreement; or  (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;  (4) an adult child of the patient, or if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation;  (5) a parent of the patient;  (6) an adult sibling of the patient, or if the patient has more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation;  (7) a grandparent of the patient, or if the patient has more than one grandparent, a majority of the grandparents who are reasonably available for consultation;  (8) any other adult relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient, or if the patient has more than one other adult relative, a majority of those other adult relatives who are reasonably available for consultation;  (9) a person given authority to make health care decisions for the patient by another statutory provision;  (10) if, after good faith efforts, the hospital or other health care facility determines that the persons listed in items (1) through (9) are unavailable to consent on behalf of the patient, a person who has an established relationship with the patient, who is acting in good faith on behalf of the patient, and who can reliably convey the patient's wishes but who is not a paid caregiver or a provider of health care services to the patient. For the purposes of this item, a person with an established relationship is an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The person with an established relationship shall sign and date a notarized acknowledgement form, provided by the hospital or other health care facility in which the patient is located, for placement in the patient's records, setting forth the nature and length of the relationship and certifying that he meets such criteria. Along with the notarized acknowledgment form, the hospital or other health care facility shall include in the patient's medical record documentation of its effort to locate persons with higher priority under this statute as required by subsection (B).  (B) Documentation of efforts to locate a decision maker who is a person identified in subsection (A) must be recorded in the patient's medical record.  (C) If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or any other person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.  (D) Priority pursuant to this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-66-20(8).  (E) An attending physician or other health care professional responsible for the care of a patient who is unable to consent may not give priority or authority pursuant to subsections (A)(5) through (A)(10) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.  (F) This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.  (G) A person authorized to make health care decisions pursuant to subsection (A) shall base those decisions on the patient's wishes to the extent that the patient's wishes can be determined. Where the patient's wishes cannot be determined, the person shall base the decision on the patient's best interest.  (H) A person authorized to make health care decisions pursuant to subsection (A) either may consent or withhold consent to health care on behalf of the patient.  HISTORY: 1990 Act No. 472, Section 1; 1992 Act No. 306, Section 4; 2016 Act No. 226 (H.3999), Section 1, eff June 3, 2016; 2019 Act No. 85 (H.3602), Section 1, eff May 24, 2019.  Effect of Amendment  2019 Act No. 85, Section 1, in (A), deleted (3), which related to a person given priority to make health care decisions for the patient by another statutory provision, redesignated (4) to (9) as (3) to (8), made a nonsubstantive change in (8), and added (9) and (10).
 (A) Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate an authorized person, or by continuing to attempt to locate an authorized person, presents a substantial risk of death, serious permanent disfigurement, or loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient. Health care for the relief of suffering may be provided without consent at any time that an authorized person is unavailable.  (B) Health care decisions on behalf of a patient who is unable to consent may be made by a person named in Section 44-66-30 if no person having higher priority under that section is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate a person having higher priority presents a substantial risk of death, serious permanent disfigurement, loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient.  HISTORY: 1990 Act No. 472, Section 1.
 Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is reasonably available and willing to make the decisions, and, in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the health care is necessary for the relief of suffering or restoration of bodily function or to preserve the life, health, or bodily integrity of the patient.  HISTORY: 1990 Act No. 472, Section 1.
 (A) Unless the patient, while able to consent, has stated a contrary intent to the attending physician or other health care professional responsible for the care of the patient, this chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the religious beliefs of the patient.  (B) This chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the patient's unambiguous and uncontradicted instructions expressed at a time when the patient was able to consent.  (C) This section does not limit the evidence on which a court may base a determination of a patient's intent in a judicial proceeding.  HISTORY: 1990 Act No. 472, Section 1.
 (A) A person who in good faith makes a health care decision as provided in Section 44-66-30 is not subject to civil or criminal liability on account of the substance of the decision.  (B) A person who consents to health care as provided in Section 44-66-30 does not by virtue of that consent become liable for the costs of care provided to the patient.  (C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.  (D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner.  HISTORY: 1990 Act No. 472, Section 1.
 (A) A health care provider or the provider's agent shall provide on the patient information form or by electronic health records, the opportunity for the patient to designate a family member or other individual they choose as a person with whom the provider may discuss the patient's medical condition and treatment plan.  (B) The authorization provided for in subsection (A):  (1) satisfies the requirements of Title 42 of the Code of Federal Regulations, relating to public health, and the privacy rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA);  (2) must present the question in bold print and capitalized, or by electronic means: "DO YOU WANT TO DESIGNATE A FAMILY MEMBER OR OTHER INDIVIDUAL WITH WHOM THE PROVIDER MAY DISCUSS YOUR MEDICAL CONDITION? IF YES, WHOM?"; and  (3) must specify that the patient may revoke or modify an authorization with regard to any family member or other individual designated by the patient in the authorization and that the revocation or modification must be in writing.  (C) A health care provider may disclose information pursuant to an authorization unless the provider has actual knowledge that the authorization has been revoked or modified.  (D) A health care provider who in good faith discloses information in accordance with an authorization signed by a patient pursuant to this section is not subject to civil liability, criminal liability, or disciplinary sanctions because of this disclosure.  (E) Nothing in this section may be construed to:  (1) require a health care provider to disclose information that he otherwise may withhold or limit;  (2) limit or prevent a provider from disclosing information without written authorization from the patient if this disclosure is otherwise lawful or permissible;  (3) prohibit a provider from receiving and using information relevant to the safe and effective treatment of the patient from family members; and  (4) conflict with an individual's health care power of attorney as provided for in the South Carolina Probate Code.  (F) Notwithstanding any other provision of this chapter, this section does not apply to nursing homes, as defined in Section 44-7-130 or a dentist, dental hygienist, or dental technician licensed or registered in Chapter 15, Title 40.  HISTORY: 2013 Act No. 39, Section 1, eff January 1, 2014.
 No provision in this chapter affects the ability of a state agency or health care provider working in conjunction with a state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law.  HISTORY: 1990 Act No. 472, Section 1.  
 This chapter may be cited as the "Licensure of Home Health Agencies Act".  HISTORY: 1978 Act No. 548 Section 1.
 Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both.  HISTORY: 1978 Act No. 548 Section 10.  
 As used in this chapter:  (1) "Board" shall mean the South Carolina Board of Health and Environmental Control.  (2) "Branch office" shall mean a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the conditions of participation as a home health agency.  (3) "Department" shall mean South Carolina Department of Health and Environmental Control.  (4) "Home health agency" shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services.  (5) "Home health services" shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows:  (a) Part-time or intermittent skilled nursing care as ordered by a physician, an APRN pursuant to Section 40-33-34(D)(2)(h), or a PA pursuant to Section 40-47-935(B)(8) and as provided by or under the supervision of a registered nurse and at least one other service listed below;  (b) Physical, occupational or speech therapy;  (c) Medical social services, home health aide services and other therapeutic services;  (d) Medical supplies and the use of medical appliances;  (e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services.  (6) "License" shall mean a license issued by the Department.  (7) "Licensee" shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency.  (8) "Parent Home Health Agency" shall mean the agency that develops and maintains administrative controls of subunits or branch offices.  (9) "Physician" shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State.  (10) "Registered Nurse" shall mean an individual who is currently licensed as such in this State.  (11) "Subunit" shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency and must, therefore, independently meet the conditions of participation for home health agencies.  HISTORY: 1978 Act No. 548 Section 2; 2021 Act No. 55 (S.503), Section 3, eff July 16, 2021.  Effect of Amendment  2021 Act No. 55, Section 3, in (5)(a), substituted ", an APRN pursuant to Section 40-33-34(D)(2)(h), or a PA pursuant to Section 40-47-935(B)(8) and as provided" for "and provided".
 No person, private or public organization, political subdivision, or other governmental agency shall establish, conduct, or maintain a home health agency or represent itself as providing home health services without first obtaining a license from the Department of Health and Environmental Control. This license is effective for a twelve-month period following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this act. Subunits of parent home health agencies must be separately licensed.  The department may enter into public and private joint partnerships or enter into other appropriate cooperative agreements or arrangements or negotiate and effect these partnerships and agreements to include the sale of the entity and/or the transfer of licenses held by the department or its subdivisions to other qualified providers, if appropriate, when doing so would result in continued high quality patient care, continued provision of services to indigent patients, assurance of the employment of the department's home health employees, and provision of home care services adequate to meet the needs of the State. The department may facilitate the negotiation, contracting, or transfer of these activities through licensure and without requirement of a Certificate of Need as set out in Section 44-69-75 and without regard to the Procurement Code, Section 11-35-10, et. seq. However, a sale of the entity is subject to the provisions of the Procurement Code.  At least thirty days before entering any negotiations regarding a contractual agreement or a public/private partnership concerning the provision of home health services, the department shall place a public notice in a newspaper of general circulation for a period of no less than three consecutive days within the area where the services will be performed.  The department may establish requirements and conditions upon those entities joined in partnership or receiving transfer of the home care services, licensing, and Certificate of Need including, but not limited to, transfer of employees, coverage of indigent patients, and payments or contributions to the department to continue the provision of basic public health services as determined by the department. All agreements must be reviewed and approved by the board of the department. The department may monitor and enforce the contract or partnership provisions and/or conditions of transfer or any other conditions or requirements of agreements entered into pursuant to this section.  All funds paid to or received by the department pursuant to this section must be deposited in an account separate and distinct from the general fund entitled the Public Health Fund (PHF). The funds deposited in this fund must be used solely by the department to support basic public health services determined to be necessary by the department. The appropriation of the funds must be through the General Appropriations Act.  Notwithstanding any of the provisions of this section, the department may continue to provide public health services in the clinic, the home, and the community necessary to ensure the protection and promotion of the public's health.  HISTORY: 1978 Act No. 548 Section 3; 1983 Act No. 6 Section 1; 1995 Act No. 145, Part II, Section 116.
 A person desiring to obtain a license shall file with the Department an application on a form prescribed, prepared and furnished by the Department.  HISTORY: 1978 Act No. 548 Section 4.
 Reasonable fees shall be established by the Board. Such fees shall be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.  HISTORY: 1978 Act No. 548 Section 5.
 The Department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare and comfort of patients served by home health agencies and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall include, but not be limited to, provisions for the geographical area to be served, giving consideration to underserved areas, provisions requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The Department is authorized to issue, deny, suspend or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.  HISTORY: 1978 Act No. 548 Section 6.
 Each home health agency for which a license has been issued shall be inspected by an authorized representative of the department at least once a year. Such inspections shall be for the purpose of ensuring that the provisions of this chapter are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.  HISTORY: 1978 Act No. 548 Section 7.
 (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the "State Certification of Need and Health Facility Licensure Act". No certificate is required for home health agencies providing home health services before July 1, 1980.  (B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:  (1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;  (2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;  (3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.  Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.  If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.  For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in Section 37-11-20.  (C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.  (D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.  HISTORY: 1980 Act No. 321; 1996 Act No. 381, Section 2.
 If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:  (1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and  (2) coordinate, to the extent feasible, annual licensing inspections.  HISTORY: 1996 Act No. 381, Section 1.
 Home health agencies shall not discriminate based on age, sex, race, color, or source of payment in the recruitment, location of patient, acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.  HISTORY: 1978 Act No. 548 Section 8.
 Home health agencies shall not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.  HISTORY: 1978 Act No. 548 Section 9.
 Any State, county, district or other public hospital may purchase and provide the necessary facilities and equipment to establish and maintain an eye bank for restoration-of-sight purposes.  HISTORY: 1962 Code Section 32-750; 1956 (49) 1768.
 The proceeds derived from the sale of such bonds shall be deposited with the city or town treasurer and shall be distributed by him upon direction of the hospital board of trustees for the purposes authorized herein.  HISTORY: 1962 Code Section 32-850; 1952 Code Section 32-850; 1945 (44) 284.
 The full faith, credit and taxing power of any city or town issuing bonds hereunder for the purposes outlined in this article are hereby irrevocably pledged for the prompt payment of such bonds, with accrued interest thereon, as and when they become due. And the city or town council of such municipality shall levy annually a sufficient tax on all the taxable property within the limits of such city or town sufficient to pay such bonds, with interest accruing thereon, as they respectively become due, and the city or town clerk and treasurer shall collect such tax and apply the proceeds thereof to the payment of the bonds.  HISTORY: 1962 Code Section 32-851; 1952 Code Section 32-851; 1945 (44) 284.
 The board of trustees of any such hospital may acquire real estate by purchase or gift for hospital purposes in the name of the city or town and apply for and accept grants, gifts, contributions, trust funds or other property for and in the name of the hospital, may name the hospital in honor of any principal grantor or contributor to the same and may authorize and establish memorials in the hospital buildings or on the grounds in the name of any donor upon request.  HISTORY: 1962 Code Section 32-852; 1952 Code Section 32-852; 1945 (44) 284.
 The board of trustees may also employ an architect to execute necessary plans for a hospital building or buildings and to supervise the construction thereof, if deemed necessary, and may contract for the construction of such building or buildings after receiving bids therefor according to the prevailing custom of receiving bids and letting contracts to the lowest responsible bidder, but may reject any and all bids until a satisfactory bid has been submitted.  HISTORY: 1962 Code Section 32-853; 1952 Code Section 32-853; 1945 (44) 284.
 The board of trustees of any such hospital may also purchase furnishings, equipment and supplies and may replace the same from time to time, and they shall be responsible for the maintenance, repairs and upkeep of the buildings and property.  HISTORY: 1962 Code Section 32-854; 1952 Code Section 32-854; 1945 (44) 284.
 Should any municipal hospital authorized under the provisions of this article be built outside the corporate limits of the city or town, the jurisdiction of the municipal corporation shall extend over all land and property used for the hospital, and all ordinances of such city or town shall be in full force and effect in and over the territory so occupied.  HISTORY: 1962 Code Section 32-855; 1952 Code Section 32-855; 1945 (44) 284.
 The board of trustees shall adopt and promulgate such rules, regulations and bylaws for the operation and government of the hospital as may be deemed expedient and necessary for the economic and equitable conduct thereof and establish thereby procedure for receiving and discharging patients and the rates, fees and charges to be made and collected for beds in wards or in private rooms and for the use of facilities and classified services, and, if and when necessary, the trustees may bring court proceedings for the enforcement of rights and the collection of accounts. They may also employ a superintendent of the hospital and other employees, designate the approved staff of physicians and surgeons, nurses and technicians and generally do any and all things necessary to carry out the operation of an approved hospital.  HISTORY: 1962 Code Section 32-856; 1952 Code Section 32-856; 1945 (44) 284.
 Any hospital established under the provisions of this article shall be primarily for the use and benefit of the inhabitants of the municipality owning and operating it, but in no event shall this article be construed as compelling such hospital to admit charity patients, it being the intent hereof that payment shall be made to the hospital for all patients according to the established rates, in order to operate the hospital, as far as possible, on a self-supporting basis. However, the board of trustees may admit nonresident patients from contributing districts, as hereinafter defined, upon the same rate basis as established for residents of the municipality, or they may admit nonresident patients from outside the municipality and outside contributing districts upon a higher rate basis than established and charged residents of the municipality and contributing districts, if such higher rates are deemed advisable and necessary to keep the hospital on a self-supporting basis. The board of trustees may also enter into contracts with any hospital benefit association permitted under the laws of this State to insure for hospital care and accept insured patients from within the municipality or from contributing districts or from other outside areas, if the facilities permit and beds are available. It may further authorize the admission and care of charity patients upon payment of approved charity rates by county or municipal governments or by payment from any charitable organization or eleemosynary corporation.  HISTORY: 1962 Code Section 32-857; 1952 Code Section 32-857; 1945 (44) 284.
 The board of trustees of any municipal hospital established under the provisions of this article may enter into agreement with the residents of any adjoining or nearby school district, including any portion of a school district outside the limits in which such city or town is located, to permit the residents of such district to use the hospital upon the same conditions, terms and rates as extended and established for residents of the municipality. This shall be accomplished by fixing a levy of taxes upon all property in the school district, or any determined portion thereof, such levy to be commensurate with any levy made by the municipality for the purposes of payment of any bonded indebtedness incurred in the building of the hospital, the interest thereon and any costs of operation and maintenance.  HISTORY: 1962 Code Section 32-858; 1952 Code Section 32-858; 1945 (44) 284.
 If the residents of any such school district, or portion thereof outside the city limits, desire to enter into such an agreement with the trustees of the hospital, they may petition the county legislative delegation of the county in which the district is located, setting forth the millage to be levied upon the property in the district and requesting the levy of such millage, such petition to be signed by a majority of the freeholders and also a majority of the qualified electors therein and to bear the approval of the board of trustees of the hospital.  HISTORY: 1962 Code Section 32-859; 1952 Code Section 32-859; 1945 (44) 284.
 This article may be cited as the "State Certification of Need and Health Facility Licensure Act".  HISTORY: 1962 Code Section 32-761; 1952 Code Section 32-761; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 Upon presentation of such petition, the county legislative delegation of the county in which the district is located may, by resolution, direct the auditor of the county to levy annually the additional millage upon all the taxable property in the district for the benefit of the hospital named in the petition, in the same manner and at the same time as all other county taxes are levied, and further direct the treasurer of the county in which the district is located to collect such taxes for the benefit of the named hospital and to transfer the resulting fund to the treasurer of the city or town in which the hospital is located.  HISTORY: 1962 Code Section 32-860; 1952 Code Section 32-860; 1945 (44) 284.
 If at any time any such contributing agreement should become unsatisfactory, the hospital board of trustees may discontinue it at the end of any calendar year by giving prior notice to the county legislative delegation and the auditor of the county in which the school district is located, or a majority of the freeholders and a majority of the qualified electors in the district may petition the county legislative delegation to discontinue such agreement. In either such event the auditor of the county shall remove the special levy.  HISTORY: 1962 Code Section 32-861; 1952 Code Section 32-861; 1945 (44) 284.
 The city or town council of any such municipality shall have an annual audit made of the records of the hospital, the moneys received and the expenditure thereof, such audit to be filed in the clerk's office and to become a part of the permanent records of such city or town.  HISTORY: 1962 Code Section 32-862; 1952 Code Section 32-862; 1945 (44) 284.
 The council of any municipality building and operating a hospital under the terms of this article may levy annually upon all of the taxable property within the limits thereof a sufficient tax to supplement the costs of operation and maintenance of the hospital, should the hospital during any annual period fail to be self-supporting, such tax to be levied and collected in the same manner and at the same time as all other municipal taxes are levied and collected.  HISTORY: 1962 Code Section 32-863; 1952 Code Section 32-863; 1945 (44) 284.
 The powers conferred in this article are cumulative and in addition to all existing laws authorizing the building, operation and maintenance of hospitals, and none of them are hereby amended or repealed, it being the intent hereof to provide additional authority and powers and alternative methods and procedure for the establishment, operation and maintenance of hospitals as herein directed.  HISTORY: 1962 Code Section 32-864; 1952 Code Section 32-864; 1945 (44) 284.
 The purpose of this article is to promote cost containment, prevent unnecessary duplication of health care facilities and services, guide the establishment of health facilities and services which will best serve public needs, and ensure that high quality services are provided in health facilities in this State. To achieve these purposes, this article requires:  (1) the issuance of a Certificate of Need before undertaking a project prescribed by this article;  (2) adoption of procedures and criteria for submittal of an application and appropriate review before issuance of a Certificate of Need;  (3) preparation and publication of a State Health Plan;  (4) the licensure of facilities rendering medical, nursing, and other health care.  HISTORY: 1962 Code Section 32-763; 1952 Code Section 32-763; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1981 Act No. 16, Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 1.
 As used in this article:  (1) "Affected person" means the applicant, a person residing within the geographic area served or to be served by the applicant, persons located in the health service area in which the project is to be located and who provide similar services to the proposed project, persons who before receipt by the department of the proposal being reviewed have formally indicated an intention to provide similar services in the future, persons who pay for health services in the health service area in which the project is to be located and who have notified the department of their interest in Certificate of Need applications, the State Consumer Advocate, and the State Ombudsman. Persons from another state who would otherwise be considered "affected persons" are not included unless that state provides for similar involvement of persons from South Carolina in its certificate of need process.  (2) "Ambulatory surgical facility" means a facility organized and administered for the purpose of performing surgical procedures for which patients are scheduled to arrive, receive surgery, and be discharged on the same day. The owner or operator makes the facility available to other providers who comprise an organized professional staff.  (3) "Board" means the State Board of Health and Environmental Control.  (4) Reserved.  (5) "Competing applicants" means two or more persons or health care facilities as defined in this article who apply for Certificates of Need to provide similar services or facilities in the same service area within a time frame as established by departmental regulations and whose applications, if approved, would exceed the need for services or facilities.  (6) "Community residential care facility" means a facility which offers room and board and provides a degree of personal assistance for two or more persons eighteen years old or older.  (7) "Day-care facility for adults" means a facility for adults eighteen years or older which offers in a group setting a program of individual and group activities and therapies. The program is directed toward providing community-based care for those in need of a supportive setting for less than twenty-four hours a day, thereby preventing unnecessary institutionalization, and shall provide a minimum of four and a maximum of fourteen hours of operation a day.  (8) "Department" means the Department of Health and Environmental Control.  (9) "The federal act" means Title VI of the United States Public Health Service Act (the Hill-Burton Construction Program); Title XVI of the United States Public Health Service Act (National Health Planning and Resources Development Act of 1974-Public Law 93-641); grants for all center and facility construction under Public Law 91-211 (community mental health centers' amendments to Title II, Public Law 88-164, Community Mental Health Centers Act); grants for all facility construction under Public Law 91-517 (developmental disabilities services and facilities construction amendments of 1970 to Part C, Title I, grants for construction of facilities for persons with intellectual disability-Public Law 88-164); and other federal programs as may exist or be enacted which provide for the construction of hospitals or related health facilities.  (10) "Health care facility" means acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, nursing homes, ambulatory surgical facilities, hospice facilities, radiation therapy facilities, rehabilitation facilities, residential treatment facilities for children and adolescents, intermediate care facilities for persons with intellectual disability, narcotic treatment programs, and any other facility for which Certificate of Need review is required by federal law.  (11) "Health service" means clinically related, diagnostic, treatment, or rehabilitative services and includes alcohol, drug abuse, and mental health services for which specific standards or criteria are prescribed in the State Health Plan.  (12) "Hospital" means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy.  Hospital may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities which are licensed by the Department of Social Services.  (13) "Nursing home" means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care.  (14) "Facility for chemically dependent or addicted persons" means a facility organized to provide outpatient or residential services to chemically dependent or addicted persons and their families based on an individual treatment plan including diagnostic treatment, individual and group counseling, family therapy, vocational and educational development counseling, and referral services.  (15) "Person" means an individual, a trust or estate, a partnership, a corporation including an association, joint stock company, insurance company, and a health maintenance organization, a health care facility, a state, a political subdivision, or an instrumentality including a municipal corporation of a state, or any legal entity recognized by the State.  (16) "Residential treatment facility for children and adolescents" means a facility operated for the assessment, diagnosis, treatment, and care of two or more "children and adolescents in need of mental health treatment" which provides:  (a) a special education program with a minimum program defined by the South Carolina Department of Education;  (b) recreational facilities with an organized youth development program; and  (c) residential treatment for a child or adolescent in need of mental health treatment.  (17) "Solely for research" means a service, procedure, or equipment which has not been approved by the Food and Drug Administration (FDA) but which is currently undergoing review by the FDA as an investigational device. FDA research protocol and any applicable Investigational Device Exemption (IDE) policies and regulations must be followed by a facility proposing a project "solely for research".  (18) "Children, adolescents, and young adults in need of mental health treatment" in a residential treatment facility means a child, adolescent, or young adult under age twenty-one who manifests a substantial disorder of cognitive or emotional process, which lessens or impairs to a marked degree that child's, adolescent's, or young adult's capacity either to develop or to exercise age-appropriate or age-adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, and serious disturbances in the ability to care for and relate to others.  (19) "Intermediate care facility for persons with intellectual disability" means a facility that serves four or more persons with intellectual disability or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their intellectual disability or related conditions.  (20) "Freestanding or mobile technology" means medical equipment owned or operated by a person other than a health care facility for which the total cost is in excess of that prescribed by regulation and for which specific standards or criteria are prescribed in the State Health Plan.  (21) "Like equipment with similar capabilities" means medical equipment in which functional and technological capabilities are identical to the equipment to be replaced; and the replacement equipment is to be used for the same or similar diagnostic, therapeutic, or treatment purposes as currently in use; and does not constitute a material change in service or a new service.  (22) "Facilities wherein abortions are performed" means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month.  (23) "Radiation therapy facility" means a person or a health care facility which provides or seeks to provide mega-voltage therapeutic services to patients through the use of high energy radiation.  (24) "Birthing center" means a facility or other place where human births are planned to occur. This does not include the usual residence of the mother or any facility that is licensed as a hospital or the private practice of a physician who attends the birth.  (25) "Freestanding emergency service" also referred to as an off-campus emergency service, means an extension of an existing hospital emergency department that is an off-campus emergency service and that is intended to provide comprehensive emergency service. The hospital shall have a valid license and be in operation to support the off-campus emergency service. A service that does not provide twenty-four hour, seven day per week operation or that is not capable of providing basic services as defined for hospital emergency departments must not be classified as a freestanding emergency service and must not advertise or display or exhibit any signs or symbols that would identify the service as a freestanding emergency service.  (26) "Crisis stabilization unit facility" means a facility, other than a health care facility, operated by the Department of Mental Health or operated in partnership with the Department of Mental Health that provides a short-term residential program, offering psychiatric stabilization services and brief, intensive crisis services to individuals eighteen and older, twenty-four hours a day, seven days a week.  HISTORY: 1962 Code Section 32-762; 1952 Code Section 32-762; 1947 (45) 510; 1952 (47) 2042; 1958 (50) 1634; 1959 (51) 356; 1961 (52) 550; 1964 (53) 2117; 1971 (57) 376; 1979 Act No. 51 Section 1; 1981 Act No. 16, Section 2; 1983 Act No. 68 Section 1; 1987 Act No. 184 Sections 2, 3; 1988 Act No. 527, Sections 1, 2; 1988 Act No. 670, Section 1; 1990 Act No. 501, Section 1; 1990 Act No. 612, Part II, Section 64; 1992 Act No. 511, Sections 2-5, 16; 1993 Act No. 164, Part II, Section 17A; 1995 Act No. 1, Section 5; 1998 Act No. 303, Section 1; 1998 Act No. 351, Section 1; 1999 Act No. 10, Section 1; 2000 Act No. 248, Section 3; 2010 Act No. 278, Sections 2, 3, eff July 1, 2010; 2011 Act No. 47, Sections 1, 8, 9, eff June 7, 2011; 2011 Act No. 61, Section 1, eff June 15, 2011; 2014 Act No. 173 (H.3567), Section 1, eff May 16, 2014; 2017 Act No. 10 (S.354), Section 1, eff April 24, 2017.  Effect of Amendment  2017 Act No. 10, Section 1, added (26), definition of "Crisis stabilization unit facility".
 The city council of any municipal corporation in the State containing more than five thousand inhabitants and less than ten thousand inhabitants, which has acquired, constructed or caused to be constructed a hospital, may establish a city hospital commission to operate and manage such hospital, may appoint or elect the trustees thereof and may fix by the ordinance establishing the commission the number of trustees thereof to be elected or appointed by the city council and their respective terms of office. In so doing it shall so provide that the original trustees when appointed shall serve originally for varying terms in office so that the term or terms of office of the several members of the commission may not expire at the same time. And upon the expiration of the term or terms of office of the trustees originally appointed the city council may appoint or elect their successors. And in the event of any vacancy by death, resignation or otherwise in the membership of any such commission the vacancy or vacancies may be filled by election or appointed by the city council for the unexpired term.  HISTORY: 1962 Code Section 32-871; 1952 Code Section 32-871; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
 Any such commission shall select its chairman and secretary. Minutes of all its meetings shall be kept and be subject to the inspection of the city council or its representatives, and it shall submit reports to the city council annually or oftener if desired.  HISTORY: 1962 Code Section 32-872; 1952 Code Section 32-872; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
 Any such city hospital commission shall have the control and management of the hospital and may select the employees and officers of the hospital, including its medical and surgical staff, and may fix the charges and fees to be paid for the services of the hospital and adopt such rules and regulations concerning its management as it may see fit.  HISTORY: 1962 Code Section 32-873; 1952 Code Section 32-873; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
 Any such commission may provide for such compensation as may be necessary or advisable for the payment of any of its employees and officers in the conduct and management of the hospital, together with the expenses of the hospital, with authority to make such repairs or alterations from time to time as may be necessary and to construct or cause to be constructed or erected such additional buildings as may be necessary or advisable, all of which shall be paid for solely from the income of the hospital, which the commission may use for such purposes. The commission may accept gifts or legacies for the benefit of the hospital. But the commission may not bind the city to any obligation for the payment of any expenses in connection with the management, operation or construction of the hospital or for repairs, new buildings, construction or otherwise without first obtaining the consent and approval of the city council and shall incur no obligations that shall bind the city or city council in any way without first obtaining the consent thereto of such city council.  HISTORY: 1962 Code Section 32-874; 1952 Code Section 32-874; 1942 Code Section 7528-11; 1936 (39) 1358, 1375.
 The department is designated the sole state agency for control and administration of the granting of Certificates of Need and licensure of health facilities and other activities necessary to be carried out under this article.  HISTORY: 1962 Code Section 32-762.1; 1952 Code Section 32-762.1; 1951 (47) 132; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 397, Section 4. 670, Section 1.
 This article may be referred to and cited as the "Hospital Revenue Bond Act."  HISTORY: 1962 Code Section 32-798.1; 1973 (58) 654.
 It is hereby declared to be the policy of the State of South Carolina to promote the public health and welfare by providing means for the financing, refinancing, acquiring, enlarging, improving, constructing, equipping, and providing of hospital facilities to serve the people of the State and to make accessible to them modern and efficient hospital facilities at the lowest possible expense to those utilizing such hospital facilities.  The General Assembly hereby finds and declares that:  (1) There is a need to overcome existing and anticipated physical and technical obsolescence of existing hospital facilities, to provide additional modern and efficient hospital facilities in the State and to provide assistance to the extent herein provided in order that such hospital facilities may be made available at the lowest possible expense.  (2) Unless measures are adopted to alleviate such need, the shortage of such facilities will become increasingly more urgent and serious; and  (3) In order to meet such shortage and thereby promote the public health and welfare of the people of the State, it is necessary that assistance be afforded in the providing of adequate, modern and efficient hospital facilities in the State so that health and hospital care and services may be expanded, improved and fostered to the fullest extent practicable at the lowest possible expense.  (4) It is the purpose of this article to empower the governing bodies of the several counties of the State under the terms and conditions of this article to finance the acquisition, enlargement, improvement, construction, equipping and providing of such hospital facilities to the end that the public health and welfare of the people of the State will be promoted at the least possible expense to those utilizing such hospital facilities so provided. In this connection, such governing bodies shall function under the guidance of the State Fiscal Accountability Authority of South Carolina and the Department of Health and Environmental Control and shall be vested with all powers necessary to enable them to accomplish the purposes of this article, which powers shall be in all respects exercised for the benefits of the inhabitants of the State and to promote the public health and welfare of its citizens.  It is specifically found and declared that all action taken by any county in carrying out the purposes of this article will perform an essential governmental function.  HISTORY: 1962 Code Section 32-798; 1973 (58) 654.
 In this article, the following terms have the following meanings, unless the context otherwise requires:  (a) "Authorizing issuer" means the county issuing bonds pursuant to Section 44-7-1640.  (b) "Bonds" or "revenue bonds" include notes, bonds, refunding bonds, and other obligations authorized to be issued by this article.  (c) "Cost" as applied to hospital facilities means the cost of construction or acquisition; the cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved; the cost of demolishing, removing, or relocating any buildings or structures on land so acquired, including the cost of acquiring any land to which the buildings or structures may be moved or relocated; the cost of all machinery, fixed and movable equipment and furnishings; financing charges, interest prior to and during construction and, if considered advisable by the State Board, for a period of not exceeding two years after the estimated date of completion of construction; the cost of engineering and architectural surveys, plans, and specifications; the cost of consulting and legal services and other expenses necessary or incidental to determining the feasibility or practicability of constructing or acquiring the hospital facilities; the cost of administrative and other expenses necessary or incidental to the construction or acquisition of the hospital facilities, and the financing of the construction or acquisition of the hospital facilities, including reasonable provision for working capital and a reserve for debt service; the cost of issuing bonds under this article, including legal fees and printing costs, and the cost of reimbursing any hospital agency any amounts expended for items that would have been proper costs of the hospital facilities within the meaning of this definition had the expenditure been made directly by the county board.  "Cost" also includes monies necessary to refinance or to refund any indebtedness of any "hospital agency" or any "public agency" incurred at any time for the purpose of providing hospital facilities.  (d) "County board" means each of the governing bodies of the counties of the State, and in the event any hospital facilities are located in more than one county, the term "county board" relates to the governing bodies of the counties in which the hospital facilities are located.  (e) "Hospital agency" means any person, firm, corporation, association, or partnership whether for profit or not for profit, existing or created at any time and empowered to acquire, by lease or otherwise, operate, and maintain hospital facilities.  (f) "Hospital facilities" means any one or more buildings, structures, additions, extensions, improvements, or other facilities, whether or not located on the same or contiguous site or sites (and including existing facilities), machinery, equipment, furnishings, or other real or personal property suitable for health care or medical care; and includes, without limitation, general hospitals, chronic diseases, maternity, mental, tuberculosis, and other specialized hospitals; facilities for emergency care, intensive care, and self-care; clinics and outpatient facilities; clinical, pathological, and other laboratories, hospital research facilities; extended care facilities; skilled nursing home facilities; nursing home facilities; retirement home facilities; laundries; residences and training facilities for nurses, interns, physicians, and other staff members; food preparation and food service facilities; administration buildings, central service, and other administrative facilities; communication, computer, and other electronic facilities; fire-fighting facilities; pharmaceutical and recreational facilities; storage space, X-ray, laser, radiotherapy, and other apparatus and equipment; dispensaries; utilities; vehicular parking lots and garages; office facilities for hospital staff members and physicians; and including, without limiting any of the foregoing, any other health and hospital facilities customarily under the jurisdiction of or provided by hospitals, or any combination of the foregoing, with all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities.  (g) "Intergovernmental loan agreement" means a loan agreement made by and between the authorizing issuer, as one party, and the project county, as the other party, to which bond proceeds are loaned to finance hospital facilities located in the jurisdiction of the project county and whereby the project county agrees to pay to the authorizing issuer or any assignee the sums required to meet the payment of the principal, interest, and redemption premium, if any, on any bonds, the proceeds of which will be used to finance hospital facilities in the jurisdiction of the project county.  (h) "Loan agreement" means any agreement made by and between any county board as one party and any hospital agency or public agency as the other party or parties by which the hospital agency or public agency agrees to pay to a county or to any assignee of the county the sums required to meet the payment of the principal, interest, and redemption premium, if any, on any bonds. If the county is also the public agency and the hospital facilities are under the jurisdiction of the county board, the loan agreement may be in the form of a resolution adopted by the county board.  (i) "Project county" means the county, other than the authorizing issuer, to which proceeds of the bonds are loaned to finance hospital facilities.  (j) "Public agency" means any county, city, town, or hospital district of the State existing or created at any time pursuant to the laws of the State authorized to acquire, by lease or otherwise, operate, and maintain hospital facilities.  (k) "Authority" means the State Fiscal Accountability Authority of South Carolina.  (l) "Trust indenture" means any agreement pursuant to which any bonds are issued. A trust indenture may also create a mortgage lien or security interest, or a mortgage lien and security interest, to secure bonds issued under the indenture.  (m) "Subsidiary loan agreement" means a loan agreement between a county and any hospital agency or public agency and includes an agreement between the authorizing issuer and a hospital agency or public agency with respect to hospital facilities located in the jurisdiction of the authorizing issuer.  HISTORY: 1962 Code Section 32-798.2; 1973 (58) 654; 1980 Act No. 430; 1984 Act No. 512, Part II, Section 35E; 1985 Act No. 78; 1987 Act No. 201 Section 2.
 Subject to obtaining approvals from the Authority required by Section 44-7-1590 and from the Department of Health and Environmental Control, required by Section 44-7-1490, the several counties of the State functioning through their respective county boards shall be empowered:  (1) To enter into agreements with any hospital agency or public agency necessary or incidental to the issuance of bonds.  (2) To acquire and in connection with such acquisition, to enlarge or expand, whether by purchase, gift or lease, hospital facilities and in the case of hospital facilities located in more than one county, the facilities may be acquired jointly by the county boards of the counties wherein such hospital facilities shall be located.  (3) To enter into loan agreements with any hospital agency or public agency, prescribing the payments to be made by the hospital agency or public agency to the county or its assignee to meet the payments that shall become due on bonds, including terms and conditions relative to the acquisition and use of hospital facilities and the issuance of bonds.  (4) To issue bonds for the purpose of defraying the cost of providing hospital facilities and to secure the payment of such bonds as hereafter provided.  (5) To receive and accept from any public agency loans or grants for or in aid of the construction of hospital facilities or any portion thereof, and to receive and accept loans, grants, aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such loans, grants, aid and contributions are made.  (6) To mortgage any hospital facilities and the site thereof for the benefits of the holders of bonds issued to finance such hospital facilities.  (7) To issue bonds to refinance or to refund outstanding obligations, mortgages or advances heretofore or hereafter issued, made or given by a hospital or public agency for the cost of hospital facilities.  (8) To charge to each hospital and public agency utilizing this article any administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article.  (9) To do all things necessary or convenient to carry out the purposes of this article.  (10) To make and execute contracts and agreements necessary or incidental to the exercise of its powers and duties under this article, with persons, firms, corporations, governmental agencies and others.  (11) To make the proceeds of any bonds available by way of a loan to a hospital or public agency pursuant to a loan agreement.  (12) To acquire by purchase, lease, gift or otherwise, or to obtain options for the acquisition of, existing hospital facilities and any property, real or personal, improved or unimproved, including interests in land in fee or less than fee for any hospital facilities, upon such terms and at such cost as shall be agreed upon by the owner and the county board.  (13) To arrange or contract with any county, city, town or other political subdivision or instrumentality of the State for the opening or closing of streets or for the furnishing of utility or other services to any hospital facilities.  (14) To enter into lease agreements with any hospital or public agency whereby the county board leases hospital facilities to such hospital or public agency, including hospital facilities located in more than one county.  (15) To pledge or assign any money, rents, charges, fees or other revenues, including any proceeds of insurance or condemnation awards, pursuant to any loan agreement to the payment of the bonds issued pursuant to such loan agreement.  HISTORY: 1962 Code Section 32-798.3; 1973 (58) 654.
 All bonds issued by a county board under authority of this article shall be limited obligations of its county, the principal, interest and redemption premiums, if any, on which shall be payable solely out of the moneys to be derived by such county pursuant to the loan agreement relating to the hospital facilities which the bonds are issued to finance (or refinance). Bonds and interest coupons issued under authority of this article shall never constitute an indebtedness of such county within the meaning of any State constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may have such conversion provision, may bear interest at such rate or rates (without regard to the limitations of Section 11-9-350 which shall not apply to any bonds) as the county board shall provide without limitation, may be payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the county board authorizing the bonds.  Any bonds issued under the authority of this article may be sold at public or private sale at such price and in such manner and from time to time as may be determined by the county board to be most advantageous, and the county board may pay, as a part of the cost of financing (or refinancing) any hospital facilities and out of the bond proceeds, all expenses, premiums and commissions which the county board may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of this article, except registered bonds which are registered otherwise than to bearer, and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued.  Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Sections 11-17-10 to 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.  HISTORY: 1962 Code Section 32-798.4; 1973 (58) 654.
 The principal, interest and premium, if any, on any bonds shall be secured by a pledge of the revenues payable to the county pursuant to the loan agreement relating to the hospital facilities financed out of the bond proceeds and any bonds may be issued pursuant to a trust indenture, which may constitute a mortgage lien.  The proceedings under which bonds are authorized to be issued or any loan agreement or trust indenture may contain any agreements and provisions customarily contained in instruments providing for the issuance of, or securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of the sums payable by the hospital agency or public agency to the county pursuant to the loan agreement, the maintenance and insurance of the hospital facilities, the creation and maintenance of special funds by the hospital agency or public agency, and the rights and remedies available in the event of default to the bondholders or to the trustee under such trust indenture, all as the county board shall deem advisable. Provided, however, that in making such agreement or provisions no county shall have the power to obligate itself except with respect to any security pledged, mortgaged or otherwise made available for the securing of the bonds, and the application of the revenues from the loan agreement, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.  The proceedings authorizing any bonds hereunder and any trust indenture in connection therewith, may provide that in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with such powers as may be necessary to enforce the obligations thereof. No breach of any such agreement shall impose any pecuniary liability upon the county or any charge upon its general credit or against its taxing power.  The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such person or corporations as the county board shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.  HISTORY: 1962 Code Section 32-798.5; 1973 (58) 654.
 Contracts for the construction of any hospital facilities may be let on such terms and under such conditions as the county board and the hospital agency or public agency may agree upon and may be let with or without advertisement or call for bids.  HISTORY: 1962 Code Section 32-798.6; 1973 (58) 654.
 In undertaking any hospital facilities pursuant to this article, the county board shall be guided by and shall observe the following criteria and requirements; provided, that the determination of the county board as to its compliance with such criteria and requirements shall be final and conclusive, subject only to challenge as provided in Section 44-7-1590:  (a) There is a need for the hospital facilities in the area in which the hospital facilities are to be located.  (b) No hospital facilities shall be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the loan agreement, including the obligations to make the payments required thereunder, to operate, repair and maintain at its own expense the hospital facilities and to discharge such other responsibilities as may be imposed under the loan agreement.  (c) Adequate provision shall be made for the payment of the principal of and the interest on the bonds and any necessary reserves therefor and for the operation, repair and maintenance of the hospital facilities at the expense of the hospital agency or public agency.  (d) The public facilities, including utilities, and public services necessary for the hospital facilities will be made available.  HISTORY: 1962 Code Section 32-798.7; 1973 (58) 654.
 The county board shall not undertake the acquisition, construction, expansion, equipping or financing of any hospital facilities unless and until such approval of the Department of Health and Environmental Control for such undertaking as may be required under Article 3, Chapter 7, Title 44, shall have been obtained.  HISTORY: 1962 Code Section 32-798.8; 1973 (58) 654.
 In carrying out the purposes of this article, the department shall:  (1) require reports and make inspections and investigations as considered necessary;  (2) to the extent that is necessary to effectuate the purposes of this article, enter into agreements with other departments, commissions, agencies, and institutions, public or private;  (3) adopt in accordance with Article I of the Administrative Procedures Act substantive and procedural regulations considered necessary by the department and approved by the board to carry out the department's licensure and Certificate of Need duties under this article, including regulations to deal with competing applications;  (4) accept on behalf of the State and deposit with the State Treasurer, any grant, gift, or contribution made to assist in meeting the cost of carrying out the purpose of this article and expend it for that purpose;  (5) The department may charge and collect fees to cover the cost of operating the Certificate of Need program, including application fees, filing fees, issuance fees, and nonapplicability/exemption determination fees. The department shall develop regulations which set fees as authorized by this article. The level of these fees must be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services in the Certificate of Need program. All fees and procedures for collecting fees must be adopted pursuant to procedures set forth in the Administrative Procedures Act. Any fee collected pursuant to this section in excess of seven hundred fifty thousand dollars must be retained by the department and designated for the administrative costs of the Certificate of Need program. The first seven hundred fifty thousand dollars collected pursuant to this section must be deposited into the general fund of the State. Until fees are promulgated through regulation, all fees established as of January 1, 2009, remain in effect.  HISTORY: 1962 Code Section 32-764; 1952 Code Section 32-764; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 4, eff July 1, 2010.
 For the purposes of this article, public agencies are authorized and empowered to enter into loan agreements (including agreements of lease) with any county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating and maintaining of hospital facilities and pursuant to any such loan agreement to operate, repair and maintain any hospital facilities and to pay the cost thereof from any funds available for such purpose and the payments required therefor.  HISTORY: 1962 Code Section 32-798.9; 1973 (58) 654.
 The county board is authorized to make or cause to be made such investigations, surveys, studies, reports and reviews as in its judgment are necessary and desirable to determine the feasibility and desirability of the hospital facilities, the extent to which the hospital facilities will contribute to the health and welfare of the area in which they will be located, the powers, experience, background, financial condition, record of service and capability of the management of the hospital agency or public agency involved, the extent to which the hospital facilities otherwise conform to the criteria and requirements of this article, and such other factors as may be deemed relevant or convenient in carrying out the purposes of this article.  HISTORY: 1962 Code Section 32-798.10; 1973 (58) 654.
 Every loan agreement shall contain a covenant obligating the hospital agency or public agency to effect the completion of the hospital facilities if the proceeds of the bonds prove insufficient, and each such loan agreement shall obligate the hospital agency or public agency to make payments which shall be sufficient (a) to pay the principal of and interest on the bonds issued for such hospital facilities, (b) to build up and maintain any reserves deemed by the county board to be advisable in connection therewith, and (c) to pay the costs of maintaining the hospital facilities in good repair and the cost of keeping it properly insured. The loan agreement may provide for the issuance of additional parity bonds as required in order to complete the hospital facility.  HISTORY: 1962 Code Section 32-798.11; 1973 (58) 654.
 Every loan agreement made with a hospital agency which shall be a corporation created for profit, pursuant to which a public agency shall have acquired title to any hospital facilities, shall contain a provision requiring such hospital agency to make payments to the county or counties, school district or school districts, and other political units wherein the hospital facilities shall be located, in lieu of taxes, in such amounts as would result from taxes levied on the hospital facilities by such county or counties, school district or school districts, and other political unit or units, if the hospital facilities were owned by the hospital agency which is a corporation for profit, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the hospital agency if it were the owner of the hospital facilities.  HISTORY: 1962 Code Section 32-798.12; 1973 (58) 654.
 Any loan agreement may provide that the hospital facilities will be owned by the county and leased to the hospital agency or public agency, may provide the hospital agency or public agency with an option to purchase the hospital facility upon such terms and conditions as the county board and the hospital agency or public agency shall agree upon at a price which may be a nominal amount or less than the true value at the time of purchase, or may provide that the hospital facilities shall become the property of the hospital agency or public agency upon the acquisition thereof. In connection with any loan agreement, any county board may obtain and enter into a guaranty agreement whereby a party other than the hospital agency or public agency guarantees in whole or in part the obligations of the hospital agency or public agency under the loan agreement upon such terms and conditions as the county board may deem appropriate.  HISTORY: 1962 Code Section 32-798.13; 1973 (58) 654.
 The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or interest on the bonds.  HISTORY: 1962 Code Section 32-798.14; 1973 (58) 654.
 (1) Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the county, but only with the approval of the Authority being first obtained, by the issuance of its refunding bonds in such amounts as the county board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any interest then or thereafter to become due (prior to the date when all outstanding bonds shall be paid) and any premium, expenses and commissions necessary to be paid in connection therewith.  (2) Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption.  (3) Except as provided in paragraph (4) of this section, all refunding bonds issued under the authority of this article shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. The power to issue refunding bonds herein granted includes the power to effect a refunding in advance of the maturity or earliest redemption date of the bonds being refunded; provided, that no refunding shall be effected more than eight years prior to the maturity or earliest redemption date of the bonds being refunded.  (4) Any loan agreement made for the purpose of securing refunding bonds may provide:  (a) That any leasehold estate granted thereby shall become effective as of the occasion of the termination of any existing leasehold estate;  (b) That prior to the time when lease rental payments become due, the then holder of any leasehold estate created by the loan agreement securing the outstanding bonds shall be unconditionally obligated to pay, as and when they become due and payable, amounts sufficient to pay the principal, interest and redemption premiums, if any, on the refunding bonds;  (c) For an irrevocable agreement on the part of the county to call for redemption on the earliest available redemption date all of the bonds to be refunded which do not mature prior to such date; and  (d) That the proceeds derived from the sale of the refunding bonds and any other funds that may be required shall be deposited forthwith in a trust account and invested in direct obligations of, or obligations guaranteed by, the United States of America, the corpus of which shall be applied to the payment of the principal, interest and redemption premium, if any, of the bonds being refunded. Any agreement between the county and the trustee of the trust account established pursuant to this paragraph may prescribe that income earned from investments of the corpus thereof be used or applied for any of the following purposes: (i) to the payment of the interest on the outstanding bonds; (ii) to the payment of interest on the refunding bonds until the redemption of the outstanding bonds; (iii) partially in accordance with (i) hereof and partially in accordance with (ii) hereof; and (iv) added in whole or in part to the corpus (and used in accordance with the provisions hereof relating to the use of corpus), with the balance of income, if any, being applied in accordance with any of (i), (ii) or (iii) hereof.  (5) In the exercise of the powers herein granted to effect advance refundings, any county board may, but shall not be required to, avail itself of any of the provisions of the Advanced Refunding Act [Sections 11-21-10 to 11-21-80].  HISTORY: 1962 Code Section 32-798.15; 1973 (58) 654.
 It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this article.  HISTORY: 1962 Code Section 32-798.16; 1973 (58) 654.
 The bonds authorized by this article and the income therefrom, all trust indentures and mortgages executed as security therefor, all loan agreements (including agreements of lease) made pursuant to the provisions hereof, and the revenues derived from any loan agreement thereof shall be exempt from all taxation in the State of South Carolina except for inheritance, estate or transfer taxes; and all trust indentures, mortgages and loan agreements made pursuant to the provisions of this article shall be exempt from South Carolina stamp and transfer taxes.  HISTORY: 1962 Code Section 32-798.17; 1973 (58) 654.
 (A) No bonds may be issued pursuant to the provisions of this article until the proposal of the county board to issue the bonds receives the approval of the authority. Whenever a county board proposes to issue bonds pursuant to the provisions of this article, it shall file its petition with the authority setting forth:  (1) a brief description of the hospital facilities proposed to be undertaken and the refinancing or refunding proposed;  (2) a statement setting forth the action taken by the Department of Health and Environmental Control in connection with the hospital facilities;  (3) a reasonable estimate of the cost of hospital facilities;  (4) a general summary of the terms and conditions of the proposed loan agreement; and  (5) such other information as the authority requires.  (B) Upon the filing of the petition the authority, as soon as practicable, shall conduct the review as it considers advisable, and if it finds that the proposal of the governing board is intended to promote the purposes of this article, it is authorized to approve the proposal. At any time following the approval, the county board may proceed with the issuance of the bonds in accordance with the proposal as approved by the authority. Notice of the approval of the proposal by the authority must be published at least once by the authority in a newspaper having general circulation in the county where the hospital facilities are or are to be located. The notice must set forth the action taken by the county board pursuant to Section 44-7-1480 and the action taken by the Department of Health and Environmental Control pursuant to Section 44-7-1490.  (C) Any interested party, within twenty days after the date of the publication of the notice, but not afterwards, may challenge the action so taken by the authority, the county board, or the Department of Health and Environmental Control, by action de novo in the court of common pleas in any county where the hospital facilities are to be located.  HISTORY: 1962 Code Section 32-798.18; 1973 (58) 654; 1994 Act No. 426, Section 2.
 A person or health care facility as defined in this article is required to obtain a Certificate of Need from the department before undertaking any of the following:  (1) the construction or other establishment of a new health care facility;  (2) a change in the existing bed complement of a health care facility through the addition of one or more beds or change in the classification of licensure of one or more beds;  (3) an expenditure by or on behalf of a health care facility in excess of an amount to be prescribed by regulation which, under generally acceptable accounting principles consistently applied, is considered a capital expenditure except those expenditures exempted in Section 44-7-170(B)(1). The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the development, acquisition, improvement, expansion, or replacement of any plant or equipment must be included in determining if the expenditure exceeds the prescribed amount;  (4) a capital expenditure by or on behalf of a health care facility which is associated with the addition or substantial expansion of a health service for which specific standards or criteria are prescribed in the South Carolina Health Plan;  (5) the offering of a health service by or on behalf of a health care facility which has not been offered by the facility in the preceding twelve months and for which specific standards or criteria are prescribed in the South Carolina Health Plan;  (6) the acquisition of medical equipment which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation.  HISTORY: 1962 Code Section 32-765; 1952 Code Section 32-765; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 6; 2010 Act No. 278, Section 5, eff July 1, 2010.
 Any resolution authorizing or trust indenture providing for any bonds or any issue of bonds and any loan agreement may contain provisions, which shall be part of the contract with the holders of the bonds to be authorized, as to:  (1) Pledging all or any part of the revenues of any hospital facilities financed in whole or in part out of the proceeds of such bonds including revenues to be derived from a leasing of such hospital facilities, to secure the payment of the bonds issued to defray the cost, or any portion of the cost, of such hospital facilities; (2) the rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues; (3) the setting aside of reserves or sinking funds, and the regulation and disposition thereof; (4) limitations on the right of the county board or its agent to restrict and regulate the use of the hospital facilities; (5) limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied; (6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds; (7) the procedure, if any, by which the terms of any resolution, loan agreement or trust indenture may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; (8) defining the acts of omissions to act which shall constitute a default in the duties of the county board to holders of its obligations and providing the rights and remedies of such holders in the event of a default; and (9) the mortgaging of any hospital facilities and the site thereof for the purpose of securing the bondholders.  Neither the members of any county board nor any person executing any bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.  HISTORY: 1962 Code Section 32-798.19; 1973 (58) 654.
 All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article and in any resolution or trust indenture pursuant hereto. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and the resolution authorizing the bonds of any issue or any trust indenture.  HISTORY: 1962 Code Section 32-798.20; 1973 (58) 654.
 Any holder of revenue bonds issued under the provisions of this article or any of the coupons appertaining thereto, and the trustee under any trust indenture, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust indenture securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution or trust indenture, and may enforce and compel the performance of all duties required by this article or by such resolution or trust indenture to be performed by any county board or by any officer, employee or agent.  HISTORY: 1962 Code Section 32-798.21; 1973 (58) 654.
 Any loan agreement may contain a provision whereby the hospital agency or public agency agrees to impose a daily charge upon persons using the hospital facilities financed out of the bond proceeds (or any other hospital facilities owned or operated by the hospital agency or public agency) in an amount sufficient to produce revenues adequate to discharge the obligation of the hospital agency or public agency under the loan agreement; and further, that in the event the hospital agency or public agency shall fail to impose such daily room charge at the request of the county or its assignee, then and in that event the county or its assignee may proceed to compel by specific performance the imposition and collection of such a daily room charge and the use of the revenues derived therefrom to discharge the obligations of the hospital agency or public agency under the loan agreement.  HISTORY: 1962 Code Section 32-798.22; 1973 (58) 654.
 (A) Notwithstanding any other provision of this article, the authorization of an issue of bonds the proceeds of which are loaned to more than one hospital agency or public agency to construct or acquire hospital facilities, whether or not the hospital facilities are located or will be located in the jurisdiction of one or more counties, may be governed by Sections 44-7-1640 through 44-7-1720 of this article. The governing body of the authorizing issuer may authorize an issue of bonds for hospital facilities located outside the jurisdiction of the authorizing issuer, provided, hospital facilities will be simultaneously financed under this article in the jurisdiction of the authorizing issuer pursuant to a subsidiary loan agreement. However, no proceeds may be used to acquire or construct hospital facilities in any project county unless an intergovernmental loan agreement is executed between the authorizing issuer and the project county and unless the county board of the project county consents to the intergovernmental loan agreement.  (B) All bonds issued by an authorizing issuer under authority of this article are limited obligations of the authorizing issuer and the project county. The principal, interest, and redemption premiums, if any, on the bonds are payable solely out of the monies to be derived by the authorizing issuer pursuant to one or more intergovernmental loan agreements between the authorizing issuer and the project county or subsidiary loan agreements between the authorizing issuer and a hospital agency or public agency relating to the hospital facilities in the jurisdiction of the authorizing issuer which the bonds are issued to finance or refinance or a subsidiary loan agreement between the project county and the hospital agency or public agency within the jurisdiction of the project county. Bonds and interest coupons issued under authority of this article do not constitute an indebtedness of the authorizing issuer or project county within the meaning of any state constitutional provision or statutory limitation and do not constitute nor give rise to a pecuniary liability of the authorizing issuer or project county or a charge against their general credit or taxing powers, and this fact must be plainly stated on the face of each bond.  HISTORY: 1962 Code Section 32-798.23; 1973 (58) 654; 1987 Act No. 201 Section 3.
 The authorizing issuer and the project county are authorized and empowered to enter into an intergovernmental loan agreement to facilitate the financing of hospital facilities. An intergovernmental loan agreement obligates the project county to make payments to or on account of the authorizing issuer from payments received under one or more subsidiary loan agreements. The intergovernmental loan agreement is a limited obligation of the project county payable solely from the revenues derived under one or more subsidiary loan agreements. The intergovernmental loan agreement does not constitute an indebtedness of the project county within the meaning of any state constitutional provision or statutory limitation and does not constitute nor give rise to a pecuniary liability of the project county or a charge against its general credit or taxing powers, and this fact must be plainly stated in the intergovernmental loan agreement.  HISTORY: 1987 Act No. 201 Section 4.
 (A) Public agencies and hospital agencies are empowered and authorized to enter into subsidiary loan agreements. Prior to entering into a subsidiary loan agreement pursuant to this article, the county board of the project county or of the authorizing issuer, if the subsidiary loan agreement is between the authorizing issuer and a public agency or hospital agency located in its jurisdiction, shall comply with the following criteria and requirements with respect to hospital facilities located in its jurisdiction; however, the determination of the county board as to its compliance with the criteria and requirements is final and conclusive, subject only to challenge as provided in Section 44-7-1690:  (1) There is a need for the hospital facilities in the area in which the hospital facilities are to be located.  (2) No hospital facilities may be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the subsidiary loan agreement, including the obligations to make the payments required under the agreement, to operate, repair, and maintain at its own expense the hospital facilities, and to discharge other responsibilities as may be imposed under the subsidiary loan agreement.  (3) Adequate provision must be made for the payment of the principal of and the interest on the bonds and any necessary reserves for the payment and for the operation, repair, and maintenance of the hospital facilities at the expense of the hospital agency or public agency.  (4) The public facilities, including utilities, and public services necessary for the hospital facilities must be made available.  (5) The county board has given due consideration, upon the advice of counsel, to the impact, if any, of the bonds on the county's present or future financings.  (B) The county board may not enter into a subsidiary loan agreement to finance the acquisition, construction, expansion, equipping, or financing of any hospital facilities until approval of the agreement by the South Carolina Department of Health and Environmental Control as may be required under Article 3 of Chapter 7 of Title 44.  HISTORY: 1987 Act No. 201 Section 4.
 For the purposes of this article, public agencies may enter into one or more subsidiary loan agreements with a county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating, and maintaining of hospital facilities located within the jurisdiction of the county board and pursuant to the subsidiary loan agreement may operate, repair, and maintain hospital facilities and pay the costs of the operation, repair, and maintenance from any funds available for the purpose and the payments required for the operation, repair, and maintenance. However, in making the agreement no county may obligate itself except with respect to any security pledged, mortgaged, or otherwise made available for the securing of the bonds and the application of the revenues from the subsidiary loan agreement nor incur a pecuniary liability or a charge against its general credit or its taxing powers.  HISTORY: 1987 Act No. 201 Section 4.
 The subsidiary loan agreement must contain the covenants stated in Section 44-7-1520 and may contain other terms and conditions permitted under this article for loan agreements.  HISTORY: 1987 Act No. 201 Section 4.
 Notice of the approval by a county board of any intergovernmental loan agreement or subsidiary loan agreement must be published at least once in a newspaper having general circulation in each county by the respective county board prior to the execution of such agreements. With respect to a subsidiary loan agreement, the notice must set forth the action taken by the county board and the South Carolina Department of Health and Environmental Control pursuant to Section 44-7-1660. The intergovernmental loan agreement and subsidiary loan agreement must be filed with the clerk of court of the authorizing issuer and the clerk of court of the project county prior to the issuance of the bonds authorized thereby.  Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board of the authorizing issuer or the project county in approving the intergovernmental loan agreement by action de novo in the court of common pleas of the project county or the authorizing issuer.  Any interested party may, within twenty days after the date of the publication of the notice, challenge the action taken by the county board in approving the subsidiary loan agreement or the Department of Health and Environmental Control with respect to the hospital facilities by action de novo in the court of common pleas in any county where the hospital facilities are to be located.  HISTORY: 1987 Act No. 201 Section 4.
 (A) The following are exempt from Certificate of Need review:  (1) the acquisition by a person of medical equipment to be used solely for research, the offering of an institutional health service by a person solely for research, or the obligation of a capital expenditure by a person to be made solely for research if it does not:  (a) affect the charges imposed by the person for the provision of medical or other patient care services other than the services that are included in the research;  (b) change the bed capacity of a health care facility; or  (c) substantially change the medical or other patient care services provided by the person.  A written description of the proposed research project must be submitted to the department in order for the department to determine if these conditions are met. A Certificate of Need is required in order to continue use of the equipment or service after the equipment or service is no longer being used solely for research;  (2) the offices of a licensed private practitioner whether for individual or group practice except as provided for in Section 44-7-160(1) and (6);  (3) the replacement of like equipment for which a Certificate of Need has been issued which does not constitute a material change in service or a new service;  (4) crisis stabilization unit facilities. Notwithstanding subsection (C), crisis stabilization unit facilities will not require a written exemption from the department.  (B) This article does not apply to:  (1) an expenditure by or on behalf of a health care facility for nonmedical projects for services such as refinancing existing debt, parking garages, laundries, roof replacements, computer systems, telephone systems, heating and air conditioning systems, upgrading facilities which do not involve additional square feet or additional health services, replacement of like equipment with similar capabilities, or similar projects as described in regulations;  (2) facilities owned and operated by the South Carolina Department of Mental Health and the South Carolina Department of Disabilities and Special Needs, except an addition of one or more beds to the total number of beds of the departments' health care facilities existing on July 1, 1988;  (3) educational and penal institutions maintaining infirmaries for the exclusive use of student bodies and inmate populations;  (4) any federal health care facility sponsored and operated by this State;  (5) community-based housing designed to promote independent living for persons with mental or physical disabilities. This does not include a facility defined in this article as a "health care facility";  (6) kidney disease treatment centers including, but not limited to, free standing hemodialysis centers and renal dialysis centers;  (7) health care facilities owned and operated by the federal government.  (C) Before undertaking a project enumerated in subsection (A), a person shall obtain a written exemption from the department as may be more fully described in regulation.  HISTORY: 1962 Code Section 32-766; 1952 Code Section 32-766; 1947 (45) 510; 1964 (53) 2117; 1965 (54) 472; 1968 (55) 2815; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 322, Section 1; 1992 Act No. 511, Section 7; 1998 Act No; 303, Sections 2, 3; 2003 Act No. 27, Section 1, eff upon approval (became law without the Governor's signature on May 15, 2003); 2010 Act No. 278, Section 6, eff July 1, 2010; 2017 Act No. 10 (S.354), Section 2, eff April 24, 2017.  Effect of Amendment  2017 Act No. 10, Section 2, in (A), in (3), substituted a semicolon for a period at the end, and added (4), relating to crisis stabilization unit facilities.
 Neither the members of the county board of the authorizing issuer or the project county nor any person executing any bonds, the intergovernmental loan agreement, or the subsidiary loan agreement is liable personally on the bonds nor subject to any personal liability or accountability by reason of the issuance of the bonds.  HISTORY: 1987 Act No. 201 Section 4.
 All of the provisions of this article, except item (b) of Section 44-7-1590, are applicable to the bonds authorized by Section 44-7-1640. The county board of the authorizing issuer may, on behalf of any project county which may subsequently be a party to an intergovernmental loan agreement, undertake all actions required by the county board under this article with respect to the issuance of the bonds and adoption of the petition to the Authority required by Section 44-7-1590.  HISTORY: 1987 Act No. 201 Section 4.
 This article must not be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this State but must be construed as cumulative. The authorization granted in this article may be carried out by a county board acting at a regular or special meeting and without publication of the proceedings by a resolution to become effective upon its adoption at the meeting at which it is presented, notwithstanding any restriction, limitation, or other procedure, imposed upon the county board by any laws of this State.  HISTORY: 1987 Act No. 201 Section 4.
 (A) There is created a health planning committee comprised of fourteen members. The Governor shall appoint twelve members, which must include at least one member from each congressional district. In addition, each of the following groups must be represented among the Governor's appointees: health care consumers, health care financiers, including business and insurance, and health care providers, including an administrator of a licensed for-profit nursing home. The chairman of the board shall appoint one member. The South Carolina Consumer Advocate or the Consumer Advocate's designee is an ex officio nonvoting member. Members appointed by the Governor are appointed for four-year terms, and may serve only two consecutive terms. Members of the health planning committee are allowed the usual mileage and subsistence as provided for members of boards, committees, and commissions. The committee shall elect from among its members a chairman, vice chairman, and such other officers as the committee considers necessary to serve a two-year term in that office.  (B) With the advice of the health planning committee, the department shall prepare a South Carolina Health Plan for use in the administration of the Certificate of Need program provided in this article. The plan at a minimum must include:  (1) an inventory of existing health care facilities, beds, specified health services, and equipment;  (2) projections of need for additional health care facilities, beds, health services, and equipment;  (3) standards for distribution of health care facilities, beds, specified health services, and equipment including scope of services to be provided, utilization, and occupancy rates, travel time, regionalization, other factors relating to proper placement of services, and proper planning of health care facilities; and  (4) a general statement as to the project review criteria considered most important in evaluating Certificate of Need applications for each type of facility, service, and equipment, including a finding as to whether the benefits of improved accessibility to each such type of facility, service, and equipment may outweigh the adverse affects caused by the duplication of any existing facility, service, or equipment.  The South Carolina Health Plan must address and include projections and standards for specified health services and equipment which have a potential to substantially impact health care cost and accessibility. Nothing in this provision shall be construed as requiring the department to approve any project which is inconsistent with the South Carolina Health Plan.  (C) Upon approval by the health planning committee, the South Carolina Health Plan must be submitted at least once every two years to the board for final revision and adoption. Once adopted by the board, the plan may later be revised through the same planning and approval process. The department shall adopt by regulation a procedure to allow public review and comment, including regional public hearings, before adoption or revision of the plan.  HISTORY: 1962 Code Section 32-768; 1952 Code Section 32-768; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 8; 2010 Act No. 278, Section 7, eff July 1, 2010.
 There is hereby created a body politic and corporate to be known as the Pee Dee Regional Health Services District composed of the counties of Chesterfield, Darlington, Dillon, Florence, Marion and Marlboro (hereinafter called the district) with an office in or near the city of Florence in Florence County as determined by the board.  HISTORY: 1962 Code Section 32-904.11; 1973 (58) 109.
 The corporate powers and duties of the district shall be exercised and performed by a board of directors (hereinafter called the board) to be composed of four members from Florence County, three members from Darlington County, two members each from Chesterfield, Dillon, Marion and Marlboro Counties appointed by the Governor upon recommendation of the legislative delegations of the respective counties, including resident Senators if any.  HISTORY: 1962 Code Section 32-904.12; 1973 (58) 109.
 The term of office of the members of the board shall be six years. The initial terms however shall be adjusted in the following manner:  At the first meeting of the board, the initial terms of the eighteen representatives from the six counties shall be determined by lot with six of the members to serve a term of six years, six of the members to serve a term of four years, and six of the members to serve a term of two years. The Secretary of State shall be notified as to the terms established by lot.  The term of each member shall expire on the January first nearest to the end of the term of years for which he is appointed or as otherwise provided in the foregoing provisions; provided, that each member shall serve until his successor is appointed and qualified.  HISTORY: 1962 Code Section 32-904.13; 1973 (58) 109.
 The board shall meet upon the call of its chairman, but not less frequently than one time in each three calendar month period.  HISTORY: 1962 Code Section 32-904.14; 1973 (58) 109.
 The board, at its initial meeting, shall elect one of its members as chairman, one as vice-chairman, and one as secretary.  The officers shall serve for a term of two years and until their successors are elected and qualify. Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred while in the performance of authorized duties.  HISTORY: 1962 Code Section 32-904.15; 1973 (58) 109.
 The board shall have the following powers and duties:  (1) Have perpetual succession.  (2) Adopt, use and alter a corporate seal.  (3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings.  (4)(a) To acquire, by purchase or otherwise, any real property for any authorized use;  (b) To acquire by purchase or otherwise personal property deemed by it to be necessary and to dispose of such property when in its judgment, it is in the best interest of the district.  (5) Deposit and withdraw moneys realized from the sale of revenue bonds issued pursuant to provisions herein, and to expend the moneys in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds.  (6) Deposit moneys derived from revenue producing facilities or services in any bank or trust company having an office within the district and withdraw the moneys for district purposes.  (7) Build, maintain and equip and operate regional health care facilities or any other hospital or health care related facility in its charge under such rules and regulations as the board may from time to time promulgate.  (8) Provide for the operation of its regional health care facilities or any other hospital or health care related facility in its charge.  (9) Exercise the power of eminent domain in accordance with Chapter 5, Title 28.  (10) Appoint personnel and prescribe the duties of such, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties.  (11) Employ technical or professional services as may be desirable to the performance of the duties in the district.  (12) Apply for moneys from any source, public or private, made available by grant or loan or both for the purposes of the district. All Federal moneys accepted under such terms and conditions as are prescribed by the United States and as are consistent with State law, and all other moneys accepted under this section shall be accepted and expended by the board upon such terms and conditions as are prescribed by the State or other sources thereof.  (13) To take such action as may be necessary to carry out the purposes of this article.  HISTORY: 1962 Code Section 32-904.16; 1973 (58) 109.
 The board may borrow money and make and issue negotiable bonds, notes and other evidences of indebtedness payable solely from the revenue derived from the operation or lease of any revenue-producing facility in its charge. The sums borrowed shall be used to pay costs incident to the purposes of this article. Neither the faith nor credit of the district shall be pledged to the payment of the principal and interest of the obligations, and there shall be on the face of such obligation a statement, plainly worded, to that effect. Neither the members of the board nor any person signing the obligation shall be personally liable thereon. The board may:  (1) Provide that such bonds, notes or other evidence of indebtedness be payable, both as to principal and interest, from the net revenues derived from the district of any revenue-producing facility, as such net revenues may be defined by the board;  (2) Covenant and agree that, upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured.  (3) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowing and also all revenues derived from the operation of the revenue-producing facility whose revenues are pledged for the payment of such obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the board as an incident to the issuance of any notes, bonds or other evidences of indebtedness;  (4) Dispose of its obligations at public or private sale and upon such terms and conditions as it shall approve;  (5) Covenant and agree that any cushion fund established to further secure the payment of principal and interest of any obligation shall be a fixed amount;  (6) Covenant and agree that it will not enter into any agreements with any person or with the State, the United States or any of their political subdivisions for the furnishing of free services where such services are ordinarily charged for;  (7) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and  (8) Prescribe the evidences of default and conditions upon which all or any obligation shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.  HISTORY: 1962 Code Section 32-904.17; 1973 (58) 109.
 All revenues derived by the district from the operation of any revenue-producing facility which may not be required to discharge covenants made by it in issuing bonds, notes or other obligations as authorized herein shall be held, disposed of or expended by the board for purposes germane to the functions and purposes of the district.  HISTORY: 1962 Code Section 32-904.18; 1973 (58) 109.
 Property and income of the district shall be exempt from all taxes levied by the State, county or any municipality, political subdivision or agency thereof, direct or indirect.  HISTORY: 1962 Code Section 32-904.19; 1973 (58) 109.
 (A) The department shall adopt, upon approval of the board, Project Review Criteria which, at a minimum, must provide for the determination of need for health care facilities, beds, services and equipment, including demographic needs, appropriate distribution, and utilization; accessibility to underserved groups; availability of facilities and services without regard to ability to pay; absence of less costly and more effective alternatives; appropriate financial considerations, including method of financing, financial feasibility, and cost containment; consideration of impact on health systems resources; site and building suitability; consideration of quality of care; and relevant special considerations as may be appropriate. The Project Review Criteria must be adopted as a regulation pursuant to the Administrative Procedures Act.  (B) The project review criteria promulgated in regulation must be used in reviewing all projects under the Certificate of Need process. When the criteria are weighted to determine the relative importance for the specific project, the department may reorder the relative importance of the criteria no more than one time after the project review meeting. When an application has been appealed, the department may not change the weighted formula.  HISTORY: 1962 Code Section 32-769; 1952 Code Section 32-769; 1947 (45) 510; 1951 (47) 506; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 8, eff July 1, 2010.
 So long as the district shall be indebted to any person on any bonds, notes or other obligations issued pursuant to the authority of this article, provisions of this article and the powers granted to the district shall not be in any way diminished, and the provisions of this article shall be deemed a part of the contract between the district and the holders of such obligations.  HISTORY: 1962 Code Section 32-904.20; 1973 (58) 109.
 In carrying out its committed function of planning, establishing, financing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting, policing or in other ways assisting in the development of nonprofit hospitals and health care related facilities, the district board will work closely with individual hospitals and other health care institutions. Where the district is assisting an individual hospital or institution in any of the ways identified herein, the chairman or president of the board of trustees of the hospital or institution and one other member of the board of trustees designated by the respective board shall be named ex officio members of the board of directors of the district. These ex officio members shall serve without vote for the duration of the contractual relationships of the respective institutions with the district, or until a successor is named and qualifies.  The board of directors of the district shall have the right and privilege of appointing other ex officio directors for the purpose of availing itself of specialized talents, knowledge or counsel. The term of appointment shall be as determined by the board of directors at its discretion.  HISTORY: 1962 Code Section 32-904.21; 1973 (58) 109.
 It shall be unlawful for any person to operate any radio or other musical instrument in such a manner that it annoys or disturbs any patient confined to a hospital or sanitarium. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars or imprisonment of not more than thirty days.  HISTORY: 1962 Code Section 32-751; 1952 Code Section 32-751; 1942 Code Section 1396-1; 1939 (41) 410.
 (A) An application for a Certificate of Need must be submitted to the department in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the South Carolina Health Plan.  (B) Within twenty days before submission of an application, the applicant shall publish notification that an application is to be submitted to the department in a newspaper serving the area where the project is to be located for three consecutive days. The notification must contain a brief description of the scope and nature of the project. No application may be accepted for filing by the department unless accompanied by proof that publication has been made for three consecutive days within the prior twenty-day period and payment of the initial application fee has been received.  (C) Upon publication of this notice and until a contested case hearing is requested pursuant to Section 44-1-60(G):  (1) members of the board and persons appointed by the board to hold a final review conference on staff decisions may not communicate directly or indirectly with any person in connection with the application; and  (2) no person shall communicate, or cause another to communicate, as to the merits of the application with members of the board and persons appointed by the board to hold a final review conference on staff decisions.  A person who violates this subsection is subject to the penalties provided in Section 1-23-360.  (D) After receipt of an application with proof of publication and payment of the initial application fee, the department shall publish in the State Register a notice that an application has been accepted for filing. Within thirty days of acceptance of the application, the department may request additional information as may be necessary to complete the application. The applicant has thirty days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the thirty-day period, the application is considered withdrawn.  (E) After a Certificate of Need application has been filed with the department, state and federal elected officials are prohibited from communicating with the department with regard to the Certificate of Need application at any time. This prohibition does not include written communication of support or opposition to an application. Such written communication must be included in the administrative record.  HISTORY: 1962 Code Section 32-770; 1952 Code Section 32-770; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Section 1; 1992 Act No. 511, Section 9; 2010 Act No. 278, Sections 9, 10, eff July 1, 2010.
 Any county or group of contiguous counties, any municipality or group of contiguous municipalities located within their boundaries, or any county or group thereof, and any municipalities located within their boundaries, may form a health services district by enactment of the governing body of the county or municipality or by joint enactment of the governing bodies of the counties and municipalities desiring to create a health services district pursuant to the provisions of the South Carolina Education Improvement Act of 1984. The enactment shall designate the name of the health services district and shall declare it to be a body politic and corporate within the counties and municipalities so designated.  HISTORY: 1976 Act No. 490 Section 1; 1984 Act No. 512, Part II, Section 35B Section 1.
 The corporate powers and duties of the district shall be exercised by a board of directors (board) of that number of members as the enactment directs to be filled by residents of the respective authorizing political subdivisions in the district, as provided in the enactment, so as to provide for reasonable representation from each county or municipality in the district. Board members shall be appointed by the governing body of the authorizing political subdivision as to the respective seats provided for the subdivision.  HISTORY: 1976 Act No. 490 Section 2; 1984 Act No. 512, Part II, Section 35B Section 2.
 The terms of office of the members of the board are for the length of time set forth in the enactment of the health services district but not to exceed six years. Initial terms must be established so that the terms of members of the board must expire on a staggered basis. Terms of board members must expire on a uniform date set forth in the enactment creating the health services district, provided, that each member shall serve until his successor is appointed and qualifies. Any vacancy shall be filled in the same manner as the original appointment for the unexpired portion of the term. A copy of the enactments of the respective counties or municipalities creating a health services district must be filed with the Secretary of State. The Secretary of State must be notified of the method established for staggering the terms of members of the board.  HISTORY: 1976 Act No. 490 Section 3; 1984 Act No. 512, Part II, Section 35B Section 3.
 The board shall meet upon the call of its chairman, but not less frequently than one time in each three calendar month period.  HISTORY: 1976 Act No. 490 Section 4.
 The board, at its initial meeting, shall elect one of its members as chairman, one as vice-chairman, and one as secretary.  The officers shall serve for a term of two years and until their successors are elected and qualify. Members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred while in the performance of authorized duties.  HISTORY: 1976 Act No. 490 Section 5.
 (A) The board shall have the following powers and duties:  (1) Have perpetual succession.  (2) Adopt, use, and alter a corporate seal.  (3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings.  (4)(a) To acquire, by purchase or otherwise, any real property for any authorized use;  (b) To acquire by purchase or otherwise personal property deemed by it to be necessary and to dispose of such property when in its judgment, it is in the best interest of the district.  (5) Deposit and withdraw moneys realized from the sale of revenue bonds issued pursuant to provisions herein, and to expend the moneys in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds.  (6) Deposit moneys derived from revenue producing facilities or services in any bank or trust company having an office within the district and withdraw the moneys for district purposes.  (7) Build, maintain, and equip and operate regional health care facilities or any other hospital or health care related facility in its charge under such rules and regulations as the board may from time to time promulgate.  (8) Provide for the operation of its regional health care facilities or any other hospital or health care related facility in its charge.  (9) Exercise the power of eminent domain in accordance with Chapter 5, Title 28 of the 1976 Code.  (10) Appoint personnel and prescribe the duties of such, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties.  (11) Employ technical or professional services as may be desirable to the performance of the duties in the district.  (12) Apply for moneys from any source, public or private, made available by grant or loan or both for the purposes of the district. All federal moneys accepted under such terms and conditions as are prescribed by the United States and as are consistent with state law, and all other moneys accepted under this section shall be accepted and expended by the board upon such terms and conditions as are prescribed by the State or other sources thereof.  (13) To take such action as may be necessary to carry out the purposes of this article.  (14) Lease land or any hospital facility to any public or private hospital upon such terms, conditions and for such length of time as it may determine to be appropriate consistent with the purpose of providing health care services for the district.  (15) To exercise on behalf of the district all of the powers relating to the issuance of bonds granted to the governing bodies of counties under Article 11, Chapter 7, Title 44 of the 1976 Code (the Hospital Revenue Bond Act).  (B) As a basis for the power granted in subsection (A), the legislature hereby finds that:  (1) the nature and scope of the powers conferred on regional health services districts hereunder are such as may compel each regional health services district, in the course of exercising its powers or by virtue of such exercise of powers, to engage in activities that may be characterized as "anticompetitive" pursuant to the antitrust laws of this State or the United States; and  (2) the state interest covered hereunder shall prevail if any such conflict exists between the antitrust laws of the State or the United States and the exercise of power hereunder by a regional health services district with respect to the ownership, operation, management, or lease of a hospital, health care facility, or other exercise of power hereunder, as an expression of the overriding public policy of this State with respect to the performance and fulfillment of a regional health service district's public purpose to ensure for the provision of adequate health care to residents of this State.  HISTORY: 1976 Act No. 490 Section 6; 1978 Act No. 519 Section 2; 2018 Act No. 154 (S.1014), Section 1, eff April 17, 2018.  Effect of Amendment  2018 Act No. 154, Section 1, inserted the (A) designator, added (B), and made nonsubstantive changes.
 The board may borrow money and make and issue negotiable bonds, notes and other evidences of indebtedness payable solely from the revenue derived from the operation or lease of any revenue-producing facility in its charge. The sums borrowed shall be used to pay costs incident to the purposes of this article. Neither the faith nor credit of the district shall be pledged to the payment of the principal and interest of the obligations, and there shall be on the face of such obligation a statement, plainly worded, to that effect. Neither the members of the board nor any person signing the obligation shall be personally liable thereon. The board may:  (1) Provide that such bonds, notes or other evidence of indebtedness be payable, both as to principal and interest, from the net revenues derived from the district of any revenue-producing facility, as such net revenues may be defined by the board;  (2) Covenant and agree that, upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured.  (3) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowing and also all revenues derived from the operation of the revenue-producing facility whose revenues are pledged for the payment of such obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the board as an incident to the issuance of any notes, bonds or other evidences of indebtedness;  (4) Dispose of its obligations at public or private sale and upon such terms and conditions as it shall approve;  (5) Covenant and agree that any cushion fund established to further secure the payment of principal and interest of any obligation shall be a fixed amount;  (6) Covenant and agree that it will not enter into any agreements with any person or with the State, the United States or any of their political subdivisions for the furnishing of free services where such services are ordinarily charged for;  (7) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and  (8) Prescribe the evidences of default and conditions upon which all or any obligation shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.  HISTORY: 1976 Act No. 490 Section 7.
 All revenues derived by the district from the operation of any revenue-producing facility other than revenues which may be required to discharge covenants made by it in issuing bonds, notes, or other obligations as authorized herein shall be held, disposed of, or expended by the board for purposes germane to the functions and purposes of the district. Any expenditure permitted by the provisions of this act pursuant to Section 44-7-2157 to be made by or on behalf of a district is considered an expenditure of operating and maintaining public hospitals and public facilities for a public purpose and no expenditure permitted by this act or any other provisions of law may be considered to be a lending of credit or a granting of public money or a thing of value or an aid of any individual, association, or corporation within the meaning of any constitution or statutory provision.  HISTORY: 1976 Act No. 490 Section 8; 1984 Act No. 512, Part II, Section 35B Section 8.
 So long as the district is indebted to any person on any bonds, notes, or other obligations issued pursuant to the authority of this act, the provisions of this act and the powers granted to the district are not in any way diminished, and the provisions of this act are considered a part of the contract between the district and the holders of these obligations.  All agreements and obligations undertaken and all securities issued by a district are exclusively an obligation of the district and do not create an obligation or debt of the State, any authorizing subdivision, or any other county or municipality within the meaning of any constitutional or statutory provision. The faith and credit of the State, any authorizing subdivision, or any other county or municipality must not be pledged for the payment of any securities issued by a district, nor is the State or any authorizing subdivision or any county or municipality liable in any manner for the payment of the principal of or interest on any securities of a district or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever, that may be undertaken by a district.  HISTORY: 1976 Act No. 490 Section 9; 1984 Act No. 512, Part II, Section 35B Section 9.
 (A) After the department has determined that an application is complete, affected persons must be notified in accordance with departmental regulations. The notification to affected persons that the application is complete begins the review period; however, in the case of competing applications, the review period begins on the date of notice to affected persons that the last of the competing applications is complete and notice is published in the State Register. The staff shall issue its decision to approve or deny the application no earlier than thirty calendar days, but no later than one hundred twenty calendar days, from the date affected persons are notified that the application is complete, unless a public hearing is timely requested as may be provided for by department regulation. If a public hearing is properly requested, the staff's decision must not be made until after the public hearing, but in no event shall the decision be issued more than one hundred fifty calendar days from the date affected persons are notified that the application is complete. The staff may reorder the relative importance of the project review criteria no more than one time during the review period. The staff's reordering of the relative importance of the project review criteria does not extend the review period provided for in this section.  (B) The department may not issue a Certificate of Need unless an application complies with the South Carolina Health Plan, Project Review Criteria, and other regulations. Based on project review criteria and other regulations, which must be identified by the department, the department may refuse to issue a Certificate of Need even if an application complies with the South Carolina Health Plan. In the case of competing applications, the department shall award a Certificate of Need, if appropriate, on the basis of which, if any, most fully complies with the requirements, goals, and purposes of this article and the State Health Plan, Project Review Criteria, and the regulations adopted by the department.  (C) On the basis of staff review of the application, the staff shall make a staff decision to grant or deny the Certificate of Need and the staff shall issue a decision in accordance with Section 44-1-60(D). Notice of the decision must be sent to the applicant and affected persons who have asked to be notified. The decision becomes the final agency decision unless a timely written request for a final review is filed with the department as provided for in Section 44-1-60(E).  However, a person may not file a request for final review in opposition to the staff decision on a Certificate of Need unless the person provided written notice to the department during the staff review that he is an affected person and specifically states his opposition to the application under review.  (D) The staff's decision is not the final agency decision until the completion of the final review process provided for in Section 44-1-60(F).  (E) A contested case hearing of the final agency decision must be requested in accordance with Section 44-1-60(G). The issues considered at the contested case hearing considering a Certificate of Need are limited to those presented or considered during the staff review.  (F) Notwithstanding any other provision of law, including Section 1-23-650(C), in a contested case arising from the department's decision to grant or deny a Certificate of Need application, grant or deny a request for exemption under Section 44-7-170, or the issuance of a determination regarding the applicability of Section 44-7-160, the following apply:  (1) each party may name no more than ten witnesses who may testify at the contested case hearing;  (2) each party is permitted to take only the deposition of a person listed as a witness who may testify at the contested case hearing, unless otherwise provided for by the Administrative Law Court;  (3) each party is permitted to serve only ten interrogatories pursuant to Rule 33 of the South Carolina Rules of Civil Procedure;  (4) each party is permitted to serve only ten requests for admission, including subparts; and  (5) each party is permitted to serve only thirty requests for production, including subparts.  The limitations provided for in this subsection are intended to make the contested case process more efficient, less burdensome, and less costly to the parties in Certificate of Need cases. Therefore, the Administrative Law Court may, by court order, lift these limitations beyond the parameters set forth in this subsection only in exceptional circumstances when failure to do so would cause substantial prejudice to the party seeking additional discovery.  (G) Notwithstanding any other provision of law, in a contested case arising from the department's decision to grant or deny a Certificate of Need application, grant or deny a request for exemption under Section 44-7-170, or the issuance of a determination regarding the applicability of Section 44-7-160, the Administrative Law Court shall file a final decision no later than eighteen months after the contested case is filed with the Clerk of the Administrative Law Court, unless all parties to the contested case consent to an extension or the court finds substantial cause otherwise.  HISTORY: 1962 Code Section 32-771; 1952 Code Section 32-771; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Sections 2, 3; 1992 Act No. 511, Section 10; 1998 Act No. 303, Section 4; 2010 Act No. 278, Section 11, eff July 1, 2010.
 In carrying out its committed function of planning, establishing, financing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting, policing or in other ways assisting in the development of nonprofit hospitals and health care related facilities, the district board will work closely with individual hospitals and other health care institutions and be consistent with health plans developed under Public Law 93-641. Where the district is assisting an individual hospital or institution in any of the ways identified herein, the chairman or president of the board of trustees of the hospital or institution and one other member of the board of trustees designated by the respective board shall be named ex officio members of the board of directors of the district. These ex officio members shall serve without vote for the duration of the contractual relationships of the respective institutions with the district, or until a successor is named and qualifies.  The board of directors of the district shall have the right and privilege of appointing other ex officio directors for the purpose of availing itself of specialized talents, knowledge or counsel. The term of appointment shall be as determined by the board of directors at its discretion.  HISTORY: 1976 Act No. 490 Section 10.
 The health services district created by Article 13 of Chapter 7 of Title 44 of the 1976 Code shall continue in existence under the provisions of such article, provided, however, that the county governing bodies of the counties named in such district shall, not later than January 1, 1977, reconstitute such district under the terms of this article and upon such reconstitution such health services districts shall exist under the terms of this article.  Each person serving on the board on March 2, 1976, shall continue to serve until his term expires unless the county he represents discontinues to be a part of the district in which case and at such time he shall cease to be a member of the board. The successor to a board member provided for in Article 13 of Chapter 7 of Title 44 shall be appointed as provided for in Section 44-7-2020 and have his initial term expire as provided for in Section 44-7-2030.  HISTORY: 1976 Act No. 490 Section 11.
 For the purposes of the article:  (1) The term "health care facilities" means and includes those hospital facilities as defined in subsection (d) of Section 44-7-1430 of the 1976 Code;  (2) The term "public hospital corporation" means any public authority, corporation, or association or entity organized on a local or regional basis by or with the consent of any county or municipality (or any two or more counties or municipalities) and having the power to own or operate any health care facilities, including without limitation, any public corporation or authority heretofore or hereafter organized under the provisions of this article.  HISTORY: 1984 Act No. 512, Part II, Section 35C (11A).
 All properties owned by a district, whether real, personal, or mixed, and the income from the properties, all securities issued by a district and the indentures and other instruments executed as security therefor, all leases made pursuant to the provisions of this article, and all revenues derived from these leases, and all deeds and other documents executed by or delivered to a district, are exempt from any and all taxation by the State or by any county, municipality, or other political subdivision of the State, including, but without limitation, license excise taxes imposed in respect of the privilege of engaging in any of the activities in which a district may engage. A district is not obligated to pay or allow any fees, taxes, or costs to the clerk of court, the Secretary of State, or the register of deeds in any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document. The gross proceeds of the sale of any property owned by the district and used in the construction and equipment of any health care facilities for a district is exempt from all other and similar excise or sales taxes. It is the express intent of this section that any district authorized under this article incurs no tax liability to the State or any of its political subdivisions except to the extent that sales and use taxes may be payable on the purchases of goods or equipment by the district.  HISTORY: 1984 Act No. 512, Part II, Section 35C (11B); 1997 Act No. 34, Section 1.
 Any municipality or county, any public hospital corporation, or any other public agency, authority, or body are authorized to transfer, convey to any district, with or without consideration any health care facilities or other properties, real or personal, and all funds and assets tangible or intangible, including ownership or operation of any health care facilities or properties and including funds presently held or to be held as a result of future appropriations, together with all liabilities relating to assets including hospital bonded indebtedness.  The transfer or conveyance must be authorized by an ordinance or resolution duly adopted by the governing body of the municipality or county or by the board of directors or other governing body of the public hospital corporation, or other public agency, authority, or body, as the case may be, and it is not necessary, any provision of law to the contrary notwithstanding, to obtain any certificate of need, assurance of need, or other similar permit for any transfer or conveyance. This exemption applies solely to the initial transfers following a reorganization and does in no event waive the requirement of a certificate of need after the initial transfers. In the event of the transfer of any health care facilities to the district, any hospital tax proceeds, other tax proceeds and other revenues apportioned or allocated to or for the benefit of the prior owner or operator of the health care facilities, or for the patient care at the health care facility must thereafter be paid to the district so long as the tax is levied or revenue is raised. Following the transfer, assets will not be revalued to alter public health care program reimbursement.  HISTORY: 1984 Act No. 512, Part II, Section 35C (11C).
 A district constitutes an agency of the county to operate health care facilities and shall receive the proceeds from any special public hospital tax levied by the authorizing subdivisions. The reincorporation under Article 16, Chapter 7, Title 44 of the 1976 Code of any public hospital corporation that heretofore has been designated as the agency of a county to operate and maintain public hospital facilities in the counties in no way impairs or invalidates this designation and the reincorporated public hospital corporation shall continue as such just as if it had not been so reincorporated. Nothing in this section, however, limits any rights or powers otherwise conferred upon a district pursuant to any other provision of this article or of law.  HISTORY: 1984 Act No. 512, Part II, Section 35C (11D).
 Health Services Districts established pursuant to the provisions of Act 490 of 1976 may also incorporate as a public corporation in the manner provided by this article.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 The terms "health care facilities" and "public hospital corporation" for purposes of this article have the same meanings as provided in Section 11A of Act 490 of 1976.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 (a) In order to incorporate a district, any number of natural persons, not less than three, shall first file a written application with the governing body of any county or municipality, or any two or more counties and municipalities eligible to form a district, which application shall:  (1) recite the name of each county or municipality in the district with the governing body to which the application is being filed;  (2) contain a statement that the applicants propose to incorporate a district pursuant to the provisions of this article;  (3) state that each of the applicants is a duly qualified elector of the authorizing subdivision, or, if there is more than one, at least one subdivision thereof; and  (4) request that the governing body of the authorizing subdivision adopt a resolution declaring that it is wise, expedient, and necessary that the district be incorporated, approving its certificate of incorporation, and authorizing the applicants to proceed to incorporate the district by filing for record a certificate of incorporation in accordance with the provisions of this article.  (b) Each application must be accompanied by the certificate of incorporation of the district and by those other supporting documents the applicants may consider appropriate.  (c) As promptly as may be practicable after the filing of the application, the governing body of each authorizing subdivision with which the application is filed shall review the contents of the application and the accompanying certificate of incorporation and shall adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary and thereby approving the incorporation of the district.  (d) Any public hospital or corporation may incorporate or reincorporate under the provisions of this article in the same manner as other authorities or hospitals are authorized to incorporate.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 (1) Within forty days following the adoption of the authorizing resolution, the applicant shall proceed to incorporate the district by filing for record in the office of the Secretary of State a certificate of incorporation which shall comply with the requirements of this article and must be in the form and executed in the manner provided in this article.  (2) In addition to any other provisions required by this article, the certificate of incorporation of the district shall state:  (a) all information ordinarily included in the application for incorporation of corporations incorporated in this State;  (b) the name of each authorizing subdivision together with the date on which the governing body of the subdivision adopted the authorizing resolutions;  (c) the method by which the district may be dissolved and provisions relating to the vesting of title to its assets and properties upon its dissolution;  (d) any matters relating to the district that the incorporators may choose to insert that are not inconsistent with this article or with the laws of this State.  (3) The certificate of incorporation must be signed and acknowledged by each of the incorporators before a notary public.  (4) When the certificate of incorporation is filed for record, there must be attached to it:  (a) a certified copy of each authorizing resolution;  (b) a certificate by the Secretary of State that the name of the district is not identical to that of any other corporation organized under the laws of the State or so nearly similar thereto as to lead to confusion or uncertainty.  (5) Upon filing for record the certificate of incorporation and, the documents required by subsection (4), the district is incorporated and constitutes a public corporation under the name set forth in its certificate of incorporation. The Secretary of State shall record the certificate of incorporation in an appropriate manner.  (6) The Secretary of State, subject to the requirements of this article, shall prescribe the exact form of the certificate of incorporation.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 The certificate of incorporation of any district incorporated under the provisions of this article, as well as that of any public hospital or corporation reincorporated under the provisions of this article, may be amended only upon the board of the district adopting a resolution proposing an amendment which amendment is subject to approval of the governing body of each authorizing subdivision or may be amended upon the initiative of the governing body of each authorizing subdivision. All these duly approved amendments must be filed with the Secretary of State in the same manner as with the original certificate of incorporation.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 The board of directors and officers of the district as selected in the manner specified in Act 490 of 1976 also constitute the board of directors and officers of the district when incorporated.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 At any time when the district does not have any securities outstanding and when there are no other obligations assumed by the district that are then outstanding, the district may be dissolved in accordance with its articles of incorporation.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 Upon incorporation, the district has the following powers which are in addition to those powers, duties, and authority conferred upon it by Act 490 of 1976:  (1) To lease or otherwise make available any health care facilities or other of its properties and assets under such terms and conditions as the board considers appropriate.  (2) To provide instruction and training for and to contract for the instruction and training of nurses, technicians, and other technical, professional, and paramedical personnel.  (3) To affiliate with and to contract to provide training and clinical experience for students of other institutions.  (4) To contract for the operation of any department, section, equipment, or holdings of the district and to enter into those contracts which, in its judgment, are in the best interest of the district.  (5) To assume any obligations of any entity that conveys and transfers to the district any health care facilities or other property or interests therein.  (6) To make any expenditure of any monies under its control that would be considered as ordinary and necessary expenses of the district within the meaning of state and federal taxation laws.  (7) To provide scholarships for students in training for work in the duties peculiar to health care.  (8) To enter into affiliation, cooperation, territorial management, or other similar agreements with other institutions for the sharing, division, allocation, or exclusive furnishing of services, referral of patients, management of facilities, and other similar activities.  Nothing contained in this article may be considered to affect or alter the existing laws as they relate to the rights, privileges, medical staff membership, or remedies of physician members of the medical staff of hospitals, hospital facilities, or health care facilities. No district has the power to levy taxes.  HISTORY: 1984 Act No. 512, Part II, Section 35D.
 (A) A party who is aggrieved by the Administrative Law Court's final decision may seek judicial review of the final decision in accordance with Section 1-23-380.  (B) If the relief requested in the appeal is the reversal of the Administrative Law Court's decision to approve the Certificate of Need application or approve the request for exemption under Section 44-7-170 or approve the determination that Section 44-7-160 is not applicable, the party filing the appeal shall deposit a bond with the Clerk of the Court of Appeals within five calendar days after filing the petition to appeal. The bond must be secured by cash or a surety authorized to do business in this State in an amount equal to five percent of the total cost of the project or one hundred thousand dollars, whichever is greater, up to a maximum of one million five hundred thousand dollars. If the Court of Appeals affirms the Administrative Law Court's decision or dismisses the appeal, the Court of Appeals shall award to the party whose project is the subject of the appeal all of the bond and also may award reasonable attorney's fees and costs incurred in the appeal. If a party appeals the denial of its own Certificate of Need application or of an exemption request under Section 44-7-170 or appeals the determination that Section 44-7-160 is applicable and there is no competing application involved in the appeal, the party filing the appeal is not required to deposit a bond with the Court of Appeals.  (C)(1) Furthermore, if at the conclusion of the contested case or judicial review the Administrative Law Court or the Court of Appeals finds that the contested case or a subsequent appeal was frivolous, the Administrative Law Court or the Court of Appeals may award damages incurred as a result of the delay, as well as reasonable attorney's fees and costs, to the party whose project is the subject of the contested case or judicial review.  (2) As used in this subsection, "frivolous appeal" means any one of the following:  (a) taken solely for purposes of delay or harassment;  (b) where no question of law is involved;  (c) where the contested case or judicial review is without merit.  HISTORY: 1962 Code Section 32-772; 1952 Code Section 32-772; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Section 4; 2010 Act No. 278, Section 12, eff July 1, 2010.
 The department, the Administrative Law Court, and the Court of Appeals shall consider the South Carolina Health Plan in place at the time the application was filed and may consider the current South Carolina Health Plan when making its decision.  HISTORY: 2010 Act No. 278, Section 20, eff July 1, 2010.
 (A) The Certificate of Need, if issued, is valid only for the project described in the application including location, beds and services to be offered, physical plant, capital or operating costs, or other factors as set forth in the application, except as may be modified in accordance with regulations. The department shall require periodic reports and make inspections to determine compliance with the Certificate of Need. Implementation of the project or operation of the facility or medical equipment that is not in accordance with the Certificate of Need application or conditions subsequently agreed to by the applicant and the department may be considered a violation of this article.  (B) In issuing a Certificate of Need, the department shall specify the maximum capital expenditure obligated under the certificate. The department shall prescribe the method used to determine capital expenditure maximums, establish procedures to monitor capital expenditures obligated under certificates, and establish procedures to review projects for which the capital expenditure maximum is exceeded or expected to be exceeded.  (C) Prior to any construction authorized by a Certificate of Need, final drawings and specifications prepared by an architect or engineer legally registered under the laws of this State must be submitted to the department for approval. All construction must be completed in accordance with approved plans and specifications and prior approval must be obtained from the department for any changes that substantially alter the scope of work, function of construction, or major items of equipment, safety, or cost of the facility during construction.  (D) A Certificate of Need is valid for one year from the date of issuance. A Certificate of Need must be issued with a timetable submitted by the applicant and approved by the department to be followed for completion of the project. The holder of the Certificate of Need shall submit periodic progress reports on meeting the timetable as may be required by the department. Failure to meet the timetable results in the revocation of the Certificate of Need by the department unless the department determines that extenuating circumstances beyond the control of the holder of the Certificate of Need are the cause of the delay. The department may grant two extensions of up to nine months each upon evidence that substantial progress has been made in accordance with procedures set forth in regulations. The board may grant further extensions of up to nine months each only if it determines that substantial progress has been made in accordance with the procedures set forth in regulations.  (E) A Certificate of Need is nontransferable. A Certificate of Need or rights thereunder may not be sold, assigned, leased, transferred, mortgaged, pledged, or hypothecated, and any actual transfer or attempt to make a transfer of this sort results in the immediate voidance of the Certificate of Need. The sale or transfer of the controlling interest or majority ownership in a corporation, partnership, or other entity holding, either directly or indirectly, a Certificate of Need, results in the transfer and voidance of a Certificate of Need.  HISTORY: 1962 Code Section 32-773; 1952 Code Section 32-773; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Section 5; 1992 Act No. 511, Sections 11, 12; 2010 Act No. 278, Section 13, eff July 1, 2010.
 The governing body of any public service district whose principal function is to furnish clinical medical services is authorized to enter into agreements with other political subdivisions, or with nonprofit providers of emergency health services or other health care, including specifically, but not limited to, emergency service agencies, rescue squads and sole provider health care facilities, to provide for joint programs and otherwise cooperate in the delivery of medical and medical related services and the more complete utilization of district property within the boundaries of the district. Such agreements may include provisions:  (1) To provide or assist in providing emergency ambulance service within the boundaries of the district.  (2) To provide emergency ambulance vehicles and emergency medical equipment and facilities to house such vehicles and equipment.  (3) To provide training for emergency medical technicians and facilities for the conduct of such training.  (4) To assist in delivery of medical care to indigent residents of the district or payment to other providers of medical care to indigent residents of the district not otherwise compensated for and within the limit of available funds.  (5) To the extent that lands or facilities of the district are not presently needed or utilized for the operation of a medical clinic or for providing other services authorized to be provided by the district, the district shall be authorized to make available to local governments, including counties, municipalities and other special service districts, those lands or facilities not currently required by the district, to be used by such local governments to provide public facilities and services considered desirable for and in the best interest of the area served by the district.  HISTORY: 1981 Act No. 14, Section 2.
 The department may establish a construction program providing for adequate facilities in this State and, insofar as possible, shall provide for the distribution of facilities and services throughout this State in such manner as to make all types of health services reasonably accessible to all persons in this State. The State Health Plan as required by this article may be used for purposes of establishing the relative need of projects for which applications are submitted under this construction program. Submittal of applications and review and approval of projects for which federal funds are requested must be in accordance with regulations adopted by the department and applicable federal act.  HISTORY: 1962 Code Section 32-774; 1952 Code Section 32-774; 1947 (45) 510; 1964 (53) 2117; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 13.
 This article may be cited as the "Hospital Infections Disclosure Act".  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006.
 As used in this article:  (1) "Department" means the Department of Health and Environmental Control.  (2) "Hospital" means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy and is licensed by the department as a hospital.  "Hospital" may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities that are licensed by the Department of Social Services.  (3) "Hospital acquired infection" means a localized or systemic condition that:  (a) results from adverse reaction to the presence of an infectious agent or agents or its toxin or toxins; and  (b) was not present or incubating at the time of admission to the hospital.  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006.
 (A)(1) Individual hospitals shall collect data on hospital acquired infection rates for the specific clinical procedures as recommended by the advisory committee and defined by the department, including the following categories:  (a) surgical site infections;  (b) ventilator associated pneumonia;  (c) central line related bloodstream infections; and  (d) other categories as provided under subsection (D).  (2) Hospitals also shall report completeness of certain selected infection control processes, as recommended by the advisory committee and defined by the department, according to accepted standard definitions.  (B)(1) Hospitals shall submit reports at least every six months on their hospital acquired infection rates to the department. Reports must be submitted in a format and at a time as provided for by the department. Data in these reports must cover a period ending not earlier than one month prior to submission of the report. These reports must be made available to the public at each hospital and through the department. The first report must be submitted before February 1, 2008. Subsequent reports must be submitted at least every six months on dates determined by the department. When compiling its reports, the department may combine data from multiple reporting periods in order to better demonstrate hospital acquired infection rates.  (2) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals, or related facilities, the report must be for the specific division or subsidiary and not for the other entity.  (C)(1) The Board of Health and Environmental Control shall appoint an advisory committee that must have an equal number of members representing all involved parties. The board shall seek recommendations for appointments to the advisory committee from organizations that represent the interests of hospitals, consumers, businesses, purchasers of health care services, physicians, and other professionals involved in the research and control of infections.  (2) The advisory committee shall assist the department in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the information collected under this article, including collection methods, formatting, and methods and means for release and dissemination of this information.  (3) In developing the methodology for collecting and analyzing the infection rate data, the department and advisory committee shall consider existing methodologies and systems for data collection, such as the Centers for Disease Control and Prevention's National Healthcare Safety Network; however, the department's discretion to adopt a methodology is not limited or restricted to any existing methodology or system. The data collection and analysis methodology must be disclosed to the public prior to any public disclosure of hospital acquired infection rates.  (4) The department and the advisory committee shall evaluate on a regular basis the quality and accuracy of hospital information reported under this article and the data collection, analysis, and dissemination methodologies.  (D) The department may, after consultation with the advisory committee, require hospitals to collect data on hospital acquired infection rates in categories additional to those set forth in subsection (A).  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006; 2010 Act No. 165, Section 1, eff May 11, 2010.
 (A) The department annually shall submit to the General Assembly a report summarizing the hospital reports submitted pursuant to Section 44-7-2430 and shall publish the annual report on its website. The first annual report must be submitted and published before February 1, 2009. Subsequent annual reports to the General Assembly must be submitted before April sixteenth of each year. The department may issue quarterly informational bulletins summarizing all or part of the information submitted in the hospital reports.  (B) All reports issued by the department must be risk adjusted.  (C) The annual report must compare the risk adjusted hospital acquired infection rates, collected under Section 44-7-2430, for each individual hospital in the State. The department, in consultation with the advisory committee, shall make this comparison as easy to comprehend as possible. The report also must include an executive summary, written in plain language, that must include, but is not limited to, a discussion of findings, conclusions, and trends concerning the overall state of hospital acquired infections in the State, including a comparison to prior years. The report may include policy recommendations, as appropriate.  (D) The department shall publicize the report and its availability as widely as practical to interested parties including, but not limited to, hospitals, health care providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, consumer or patient advocacy groups, and individual consumers. The annual report must be made available to any person upon request and the department may charge a fee for such copies, not to exceed the actual cost of the copy of the report.  (E) No hospital report or department disclosure may contain information identifying a patient, employee, or licensed health care professional in connection with a specific infection incident.  (F) The department, after consultation with the advisory committee, may phase-in the reporting requirements of this section.  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006; 2008 Act No. 353, Section 2, Pt 5.E.1, eff July 1, 2008; 2010 Act No. 165, Section 2, eff May 11, 2010.
 (A) It is the intent of the General Assembly that a patient's right of privilege or confidentiality must not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient must not be released notwithstanding any other provision of law to the contrary.  (B) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered to waive any privilege or confidentiality provided in subsection (A).  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006.
 (A) The department shall ensure and enforce compliance with this article and regulations promulgated pursuant to this article by the imposition of civil monetary penalties and as a condition of licensure or permitting under this chapter pursuant to Section 44-7-320.  (B) The department may promulgate regulations as necessary to carry out its responsibilities under this article.  HISTORY: 2006 Act No. 293, Section 1, eff May 31, 2006; 2010 Act No. 165, Section 3, eff May 11, 2010.
 The department shall establish and enforce basic standards for the licensure, maintenance, and operation of health facilities and services to ensure the safe and adequate treatment of persons served in this State.  HISTORY: 1962 Code Section 32-775; 1952 Code Section 32-775; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 This article may be cited as the "Infants and Toddlers with Disabilities Act".  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 The purpose of this article is to provide early intervention services to infants and toddlers with disabilities in accordance with Subchapter IV, Chapter 33, Title 20, U.S. Code Annotated, contingent upon appropriation of federal funds for Subchapter IV.  HISTORY: 1991 Act No. 41, Section 2.
 As used in this article unless the context otherwise requires:  (1) "Department" means the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated.  (2) "Infants and toddlers with disabilities" means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.  (3) "Early intervention services" are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services.  (4) "Council" means the State Interagency Coordinating Council which must be established in conformance with federal regulations.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 (A) The department must:  (1) monitor programs and activities to ensure compliance with federal law and regulations;  (2) identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources;  (3) develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers;  (4) develop procedures to ensure resolution of intraagency and interagency disputes;  (5) develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes.  (B) To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department shall assign financial responsibility among agencies providing early intervention services.  (C) All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 (A) The State Interagency Coordinating Council shall advise and assist the department in developing a comprehensive interagency system to provide early intervention services for all eligible infants and toddlers with disabilities and their families.  (B) The comprehensive interagency system must implement:  (1) a timely, comprehensive, multidisciplinary assessment of the functioning of each infant and toddler with disabilities in the State, including the needs of their families relating to enhancing the child's development;  (2) a written individualized family service plan for each eligible infant or toddler with a disability;  (3) a comprehensive method of identifying infants and toddlers with disabilities;  (4) a public awareness program focusing on early identification of infants and toddlers with disabilities;  (5) access to a central directory which includes early intervention services, resources, and experts available in the State;  (6) a comprehensive system of personnel development for those who serve eligible infants and toddlers with disabilities;  (7) formal interagency agreements which:  (a) define the responsibility of each agency for providing and paying for early intervention services;  (b) coordinate programs so as to permit children and their families to move easily among agencies in the system;  (c) adopt uniform program, health, and safety standards;  (d) contain procedures for resolving disputes;  (8) procedural safeguards as required by federal and state law;  (9) a method for compiling data on the number of infants and toddlers with disabilities in the State in need of early intervention services, the number served, the types of disabilities, the types of services provided, and other information required by the federal government or needed to deliver services effectively.  (C) Early intervention services must be available through the comprehensive interagency system and provided by appropriate state agencies in accordance with time requirements of Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, to effectuate the individual family service plan for each eligible infant or toddler.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 The department shall promulgate regulations necessary to carry out the purposes of this article. Through regulation or interagency agreement when appropriate the department may develop standards addressing the coordination and provision of early intervention services, including personnel qualifications and health, safety, and program standards for the facilities where the services are offered.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 (A) Based on the assessment provided for in Section 44-7-2540 an individualized family service plan must be developed by a multidisciplinary team of appropriate qualified personnel which also must include the parent, guardian, or other adult responsible for the child. The family also may choose an advocate to be present during the development of the plan. The plan must be written and explained in easily understandable language and must contain:  (1) a statement of the present levels of physical, cognitive, psychosocial, communication, and self-help skill development for the infant or toddler with disabilities;  (2) a statement of the health status and medical needs of the child and family to support the highest possible development of the child, including the names of the health care providers;  (3) with concurrence of the family, a statement of the family's resources relating to enhancing the child's development;  (4) a statement of the major outcomes expected to be achieved for the child and the family and the methods used to measure progress toward the outcomes;  (5) a statement of specific early intervention services necessary to meet the needs of the child and family, including the frequency, intensity, and method of delivering services and payment arrangement, if any;  (6) the projected dates for initiation of services and the anticipated duration of services;  (7) the name of the service coordinator. The service coordinator is responsible for the implementation of the plan and coordination with other agencies and persons;  (8) the steps necessary to support transition of the child to other programs, if appropriate.  (B) The individualized family service plan must be developed within the time established by the department after the child initially is referred and after the assessment is completed. With the parent's consent early intervention services may begin before completion of the assessment or plan, provided an interim plan is developed. The plan serves as the comprehensive plan for all agencies involved in providing early intervention services to the child and family. Services must be provided in a timely manner, as established by the department, pending resolution of disputes among public agencies or service providers. The plan must be evaluated at least once a year and reviewed with the family at three-month intervals or more frequently, if appropriate.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 (A) Families must not be charged for early intervention services provided pursuant to this article.  (B) Nothing in this section relieves public or private insurance programs, or other persons or agencies required by law to provide or pay for early intervention services, from their financial or legal responsibilities.  (C) Pursuant to Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated, all financial resources from federal, state, local, and private sources must be coordinated to fund early intervention services. A joint funding plan must be submitted by the department to the Joint Legislative Committee on Children on or before August first of each year. The individual components of the plan as they relate to individual agencies must be incorporated annually into each affected agency's budget request.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2; 1996 Act No. 458, Part II, Section 53A; 1998 Act No. 419, Part II, Section 42.
 All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 (A) If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department:  (1) hospitals, including general and specialized hospitals;  (2) nursing homes;  (3) residential treatment facilities for children and adolescents;  (4) ambulatory surgical facilities;  (5) crisis stabilization unit facilities;  (6) community residential care facilities;  (7) facilities for chemically dependent or addicted persons;  (8) end-stage renal dialysis units;  (9) day care facilities for adults;  (10) any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury, or other infirmity and for which the department has adopted standards of operation by regulation;  (11) intermediate care facilities for persons with intellectual disability;  (12) freestanding or mobile technology;  (13) facilities wherein abortions are performed;  (14) birthing centers.  (B) The licensing provisions of this article do not apply to:  (1) infirmaries for the exclusive use of the student bodies of privately-owned educational institutions which maintain infirmaries;  (2) community-based housing sponsored, licensed, or certified by the South Carolina Department of Disabilities and Special Needs. The Department of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control the names and locations of these facilities on a continuing basis; or  (3) homeshare programs designated by the Department of Mental Health, provided that these programs do not serve more than two persons at each program location, the length of stay does not exceed fourteen consecutive days for one of the two persons, and the temporarily displaced person must be directly transferred from a homeshare program location. The Department of Mental Health shall provide to the Department of Health and Environmental Control the names and locations of these programs on a continuing basis.  (C) The department is authorized to investigate, by inspection or otherwise, any facility to determine if its operation is subject to licensure.  (D) Each hospital must have a single organized medical staff that has the overall responsibility for the quality of medical care provided to patients. Medical staff membership must be limited to doctors of medicine or osteopathy who are currently licensed to practice medicine or osteopathy by the State Board of Medical Examiners, dentists licensed to practice dentistry by the State Board of Dentistry and podiatrists licensed to practice podiatry by the State Board of Podiatry Examiners. No individual is automatically entitled to membership on the medical staff or to the exercise of any clinical privilege merely because he is licensed to practice in any state, because he is a member of any professional organization, because he is certified by any clinical examining board, or because he has clinical privileges or staff membership at another hospital without meeting the criteria for membership established by the governing body of the respective hospital. Patients of podiatrists and dentists who are members of the medical staff of a hospital must be coadmitted by a doctor of medicine or osteopathy who is a member of the medical staff of the hospital who is responsible for the general medical care of the patient. Oral surgeons who have successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accredited body approved by the United States Office of Education may admit patients without the requirement of coadmission if permitted by the bylaws of the hospital and medical staff.  (E) No person, regardless of his ability to pay or county of residence, may be denied emergency care if a member of the admitting hospital's medical staff or, in the case of a transfer, a member of the accepting hospital's medical staff determines that the person is in need of emergency care. "Emergency care" means treatment which is usually and customarily available at the respective hospital and that must be provided immediately to sustain a person's life, to prevent serious permanent disfigurement, or loss or impairment of the function of a bodily member or organ, or to provide for the care of a woman in active labor if the hospital is so equipped and, if the hospital is not so equipped, to provide necessary treatment to allow the woman to travel to a more appropriate facility without undue risk of serious harm. In addition to or in lieu of any action taken by the South Carolina Department of Health and Environmental Control affecting the license of any hospital, when it is established that any officer, employee, or member of the hospital medical staff has recklessly violated the provisions of this section, the department may require the hospital to pay a civil penalty of up to ten thousand dollars.  HISTORY: 1962 Code Section 32-776; 1952 Code Section 32-776; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 501, Section 2; 1992 Act No. 511, Section 17; 1994 Act No. 359; 1995 Act No. 1, Section 6; 2008 Act No. 233, Section 1, eff May 21, 2008; 2010 Act No. 278, Sections 14, 15, eff July 1, 2010; 2011 Act No. 47, Section 10, eff June 7, 2011; 2017 Act No. 10 (S.354), Section 3, eff April 24, 2017.  Effect of Amendment  2017 Act No. 10, Section 3, in (A)(5), substituted "crisis stabilization unit facilities" for "Reserved", and made other nonsubstantive changes in (A).
 By August first of each year the department shall submit an annual report to the Joint Legislative Committee on Children regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.  HISTORY: 1989 Act No. 114, Section 2; 1991 Act No. 41, Section 2.
 Health care facilities licensed pursuant to Regulation 61-16, Minimum Standards for Licensing Hospitals and Institutional General Infirmaries, and designated as "privately-owned education infirmaries" may be established within the jurisdiction of a larger nonmedical institution which maintains and operates organized facilities and services to accommodate two or more nonrelated students, faculty, and staff with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, and care are performed under the direction of persons currently licensed to practice medicine and surgery in South Carolina. However, privately-owned education infirmaries also may care for patients who are not students, faculty, or staff when the privately-owned education infirmary has agreed to provide such care to this class or patients prior to January 1, 2007.  HISTORY: 2007 Act No. 95, Section 2, eff January 1, 2008.
 (A) County or multicounty local interagency coordinating councils (ICC) representing each county in the State must be established. Membership on each council must consist of parents, providers, local agencies, and government agencies.  (B) The function of the local ICC will be to advise and assist the state council and the department in planning and implementing a system of early intervention services at the local community level.  (C) Each local ICC shall report to the state council on the status of early intervention services in its county.  (D) With prior approval by the department and the state council, local ICC's may enter into local interagency agreements. Local ICC's may give advice and assistance to local early intervention projects. No member of a local ICC may vote on a matter which directly would benefit the member financially or otherwise appear to be a conflict of interest under state law.  HISTORY: 1991 Act No. 41, Section 2.
 (A) As a condition of licensure, in addition to the number of licensed nursing personnel required by R61-17, or any other regulation, a nursing home must provide at a minimum these resident-staff ratios for staff who provide nursing care:  (1) 9 to 1 for shift 1;  (2) 13 to 1 for shift 2;  (3) 22 to 1 for shift 3.  In those facilities utilizing two twelve-hour shifts, the staffing ratios for shift one apply to the twelve-hour shift occurring primarily during the day, and the staffing ratios for shift three apply to the twelve-hour shift occurring primarily during the night.  (B) For purposes of this section:  (1) "Shift 1" means a work shift that occurs primarily during the daytime hours including, but not limited to, a 7:00 a.m. to 3:00 p.m. shift;  (2) "Shift 2" means a work shift that generally includes both daytime and evening hours including, but not limited to, a 3:00 p.m. to 11:00 p.m. shift;  (3) "Shift 3" means a work shift that occurs primarily during the nighttime hours including, but not limited to, an 11:00 p.m. to 7:00 a.m. shift.  HISTORY: 1998 Act No. 419, Part II, Section 46A.
 Notwithstanding the provisions of Section 44-7-260, the provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home in which care is provided exclusively to three or fewer veterans.  HISTORY: 2016 Act No. 232 (H.4580), Section 1, eff June 3, 2016.
 (A) To obtain a license to operate a nursing home or a community residential care facility the person, or persons, required to sign the application for licensure pursuant to Section 44-7-270 shall undergo a state and national fingerprint-based criminal records check.  (B)(1) A nursing home license or community residential care facility license must not be issued to the applicant, and if issued, may be revoked, if the person or any one of the persons required to undergo a criminal records check pursuant to subsection (A) is required to register under the sex offender registry pursuant to Section 23-3-430 or has been convicted of:  (a) abuse, neglect, or exploitation of a child or vulnerable adult, as defined in Section 43-35-10;  (b) any violent crime, as defined in Section 16-1-60;  (c) any other drug related felony;  (d) forgery, embezzlement, or breach of trust with fraudulent intent, as classified in Section 16-1-90(E); or  (e) a criminal offense similar in nature to the crimes listed in this subsection committed in another jurisdiction or under federal law.  (2) This section does not prohibit obtaining licensure when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this section has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for licensure for a community residential care facility.  (C) Criminal records checks required pursuant to this section must consist of a fingerprint-based records check conducted by the South Carolina Law Enforcement Division (SLED) for the state check and a fingerprint-based records check conducted by the Federal Bureau of Investigation (FBI) for the national check. An applicant shall submit with the criminal records check application one complete set of the applicant's fingerprints in a manner specified by SLED. Fingerprints submitted to SLED pursuant to this section must be collected in a manner specified by SLED and must be used to conduct a state criminal records check by SLED and to facilitate a national criminal records check by the FBI. SLED is authorized to retain the fingerprints for licensing purposes and for notification of the department regarding criminal charges. The actual cost of obtaining state and national criminal records checks by SLED and the FBI must be paid by the licensure applicant directly to the required entity as specified by SLED.  HISTORY: 2010 Act No. 207, Section 1, eff June 7, 2010.
 The department shall promulgate regulations for licensing freestanding or mobile technology. At a minimum, the regulations must include:  (1) standards for the maintenance and operation of freestanding or mobile technology to ensure the safe and effective treatment of persons served;  (2) a description of the professional qualifications necessary for personnel to operate the equipment and interpret the test results;  (3) minimum staffing requirements to ensure the safe operation of the equipment and interpret the test results; and  (4) that all freestanding or mobile technology must be in conformance with professional organizational standards.  HISTORY: 1992 Act No. 511, Section 18.
 Applicants for a license shall file annually, or as may be provided for in regulation, applications under oath with the department upon prescribed forms. An application must be signed by the owner, if an individual or a partnership, or in the case of a corporation by two of its officers, or in the case of a government unit by the head of the governmental department having jurisdiction over it. The application must set forth the full name and address of the facility for which the license is sought, as applicable, and the full name and address of the owner, the names of the persons in control, and additional information as the department may require, including affirmative evidence of ability to comply with standards and regulations adopted by the department. Each applicant shall pay a license fee prior to issuance of a license as established by regulation. The department may charge an inspection fee.  HISTORY: 1962 Code Section 32-777; 1952 Code Section 32-777; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 16, eff July 1, 2010.
 Licenses issued pursuant to this article expire one year after date of issuance or annually upon uniform dates, or as otherwise prescribed by regulation. Licenses must be issued only for the premises and persons named in the application and are not transferable or assignable. Licenses must be posted in a conspicuous place on the licensed premises.  HISTORY: 1962 Code Section 32-778; 1952 Code Section 32-778; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 17, eff July 1, 2010.
 A health care facility, as defined in this article, shall notify the department within thirty calendar days of a change in ownership or in controlling interest of the health care facility or entity owning a health care facility, directly or indirectly, by purchase, lease, gift, donation, sale of stock, or comparable arrangement. Failure to notify the department of such change within the thirty-day period may result in an administrative action under Section 44-7-320.  HISTORY: 2010 Act No. 278, Section 21, eff July 1, 2010.
 The department may not issue licenses for the operation of facilities or services subject to this article unless the facility and persons named in the application are found to comply with the provisions of this article and the department's regulations.  HISTORY: 1962 Code Section 32-779; 1952 Code Section 32-779; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 (A)(1) A direct care entity employing or contracting with a direct caregiver shall conduct a criminal record check as provided in this section prior to employing or contracting with the direct caregiver. A direct care entity may consider all information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity.  (2) An employment agency may not furnish employees to a direct care entity without conducting a criminal record check on each employee. An employee who works in multiple direct care settings must have a criminal record check on file at the location of the employment agency, the home office of his employer, or at the individual's primary place of employment.  (B) For purposes of this article:  (1) "Direct care entity" means:  (a) a nursing home, as defined in Section 44-7-130;  (b) a daycare facility for adults, as defined in Section 44-7-130;  (c) a home health agency, as defined in Section 44-69-20;  (d) a community residential care facility, as defined in Section 44-7-130;  (e) a residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;  (f) residential treatment facilities for children and adolescents;  (g) hospice programs.  (h) an in-home care provider, as defined in Section 44-70-20(3).  (2) "Direct caregiver" or "caregiver" means:  (a) a registered nurse, licensed practical nurse, or certified nurse assistant;  (b) any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;  (c) a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity;  (d) a person employed by or under contract with a direct care entity who works within any building housing patients or clients;  (e) a person employed by or under contract with by a direct care entity whose duties include the possibility of patient or client contact.  For purposes of this article, a direct caregiver does not include a faculty member or student enrolled in an educational program, including clinical study in a direct care entity.  (C)(1) A direct caregiver applicant shall provide verification of residency for the twelve months preceding the date of the employment application. The direct care entity shall conduct a state criminal record check if the applicant has resided in South Carolina during that twelve-month period and can verify residency through:  (a) a driver's license or identification card issued by the State of South Carolina;  (b) rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;  (c) pay stubs in the applicant's name from a business located in South Carolina; or  (d) bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank.  (2) A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a state criminal record check on the applicant prior to employment and shall commence a federal criminal record check after employment. However, if the direct care entity can verify residency in another state for the preceding twelve months, the direct care entity may conduct only a state criminal record check in the applicant's resident state or jurisdiction where the applicant previously resided.  HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002; 2004 Act No. 264, Section 1, eff July 6, 2004; 2006 Act No. 301, Section 11, eff May 23, 2006; 2010 Act No. 207, Section 2, eff June 7, 2010; 2011 Act No. 18, Section 2, eff May 11, 2011.
 Criminal record checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. An applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal records check, as required by this section. The criminal record check is not required to be repeated as long as the person remains employed by or continues to contract with a direct care entity; however, if a person is not employed by or is not under contract for one year or longer with a direct care entity, the criminal record check must be repeated before resuming employment or contracting with a direct care entity. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual direct caregiver or the direct care entity.  HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002; 2004 Act No. 264, Section 2, eff July 6, 2004.
 A direct care entity may furnish copies of personnel records of current or former direct caregivers to another direct care entity requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A direct care entity releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information. A direct care entity receiving records pursuant to this section shall conduct its own criminal record check pursuant to this article.  HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002.
 The Department of Health and Environmental Control shall verify that a direct care entity is conducting criminal record checks as required in this article before the department issues a renewal license for the direct care entity. The department shall act as the channeling agency for any federal criminal record checks required by this article.  HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002.
 The department is authorized to enter at all times in or on the property of any facility or service, whether public or private, licensed by the department or unlicensed, for the purpose of inspecting and investigating conditions relating to a violation of this article or regulations of the department. The department's authorized agents may examine and copy any records or memoranda pertaining to the operation of a licensed or unlicensed facility or service to determine compliance with this article. However, if such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to obtain a warrant to enter and inspect the property and its records from the magistrate in the jurisdiction in which the property is located. The magistrate may issue these warrants upon a showing of probable cause for the need for entry and inspection. The department shall furnish a written copy of the results of the inspection or investigation to the owner or operator of the property.  HISTORY: 2010 Act No. 223, Section 9, eff June 7, 2010; 2010 Act No. 278, Section 22, eff July 1, 2010.
 An individual who violates this article, or a regulation promulgated pursuant to this article, is subject to a civil fine of one hundred dollars for the first violation and five hundred dollars for each subsequent violation. A fine imposed pursuant to this section must be paid before a direct care entity's license is renewed. Fines collected pursuant to this section must be retained by the department to help offset the costs associated with carrying out the department's responsibilities under this article.  HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002.
 Any person who shall:  (1) At any hospital order and receive or cause to be furnished any food or accommodation based upon contract with intent to defraud the owner or proprietor of such hospital out of the value or price of such food or accommodation contract;  (2) Obtain credit at any hospital by the use of any false pretense or device or by fraudulently depositing at such hospital any baggage or property of less value than the amount of such credit or of the bill by such person incurred, unless credit be given by express agreement; or  (3) After obtaining creditor accommodation based upon contract at any hospital, surreptitiously remove his baggage or property therefrom;  Shall be guilty of a misdemeanor. Proof (a) that lodging, food or other accommodation based upon contract was obtained by false pretense or by false or fictitious show or pretense of baggage, (b) that a person absconded without paying or offering to pay for such food, lodging or other accommodation based upon contract or (c) that a person surreptitiously removed or attempted to remove his baggage shall be prima facie proof of the fraudulent intent mentioned in this section. Any person convicted of violating the provisions of this section shall pay a fine of not more than fifty dollars or be imprisoned for not more than thirty days, in the discretion of the magistrate.  The provisions of this section shall not include the fees of physicians and surgeons.  HISTORY: 1962 Code Section 32-752; 1952 Code Section 32-752; 1942 Code Section 1219; 1932 Code Section 1219; Cr. C. '22 Section 107; Cr. C. '12 Section 300; 1911 (27) 150; 1917 (30) 165; 1939 (41) 115; 1940 (41) 1885.
 Prior to commencing the construction or alteration of facilities required to be licensed by this department, plans and specifications must be submitted to the department for review and approval in accordance with regulations of the department. If construction has commenced without submittal of plans and specifications, an applicant for a license is required to submit certified drawings for review and approval prior to action upon the application for a license.  HISTORY: 1962 Code Section 32-780; 1952 Code Section 32-780; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 Information received by the Office of Health Licensing of the department through inspection or otherwise which does not appear on the face of the license may not be disclosed publicly in a manner as to identify individuals or facilities except in a proceeding involving the licensure or certification of need of the facility or licensing proceedings against an employee of the facility or as ordered by a court of competent jurisdiction.  HISTORY: 1962 Code Section 32-781; 1952 Code Section 32-781; 1947 (45) 510; 1964 (53) 2117; 1979 Act No. 51 Section 1; 1983 Act No. 68 Section 2; 1984 Act No. 300; 1984 Act No. 512, Part II, Section 19C; 1988 Act No. 670, Section 1.
 The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to:  (A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and  (B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land.  Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements:  (1) The term of the lease and any extensions may not exceed a total aggregate period of thirty years.  (2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and health care, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards.  (3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.  (4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs.  (5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured.  (6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services.  (7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to finance Medical University Hospital facilities, and all other revenues and payments received from or in connection with this lease or sale must be dedicated solely for use of the Medical University of South Carolina's business and operations as the Board of Trustees of the Medical University of South Carolina may direct, subject to review by the appropriate bodies of state governments.  (8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.  (9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law; nor shall such access be denied based on lack of participation or membership in a particular health plan or network.  (10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records.  Provided, further, that the lease and sale may not be finalized until the State Fiscal Accountability Authority or Department of Administration, as applicable, is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation.  The State Fiscal Accountability Authority or Department of Administration, as applicable, is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and ensuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the State Fiscal Accountability Authority or Department of Administration, as applicable, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code, and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division.  No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the State Fiscal Accountability Authority or Department of Administration, as applicable, has certified that the provisions of this article have been complied with fully.  HISTORY: 1996 Act No. 390, Section 1.
 The legal description of the land and improvements thereon referenced in Section 44-7-3110(A) is as follows:  All that certain property and parcels of land in Charleston County together with improvements thereon lying on the north side of Albert B. Sabin Street, between Ashley Avenue and Jonathan Lucas Street consisting of the MUSC Teaching Hospital and the MUSC Children's Hospital but saving and excepting the Clinical Sciences Building and the Storm Eye Institute;  Together with a rectangular parcel located on the south side of Albert B. Sabin Street containing certain fuel oil tanks;  Together with the Psychiatric Institute located on the west side of President Street and the playground area located to the rear of such institute but saving and excepting the auditorium, the lobby area, and the University Services Building.  The above referenced properties are as shown on a survey prepared by Forsburg Engineering & Surveying, Inc., to be recorded and reference is made thereto for a description of the metes and bounds thereof.  HISTORY: 1996 Act No. 390, Section 1.
 Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA.  HISTORY: 1996 Act No. 390, Section 1.
 Upon approval of the proposed sale or lease of MUSC's facilities and assets to HCA, HCA shall take the steps necessary to create an employee grievance committee for the review of all employee disciplinary actions and terminations by HCA. The grievance procedure must provide that the final decision in any grievance involving a former MUSC employee rests with the board of directors of MUSC and that the final decision in grievances involving HCA employees rests with the official designated by HCA.  HISTORY: 1996 Act No. 390, Section 2.
 (A) Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility or activity licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, must be disclosed publicly upon written request to the department. The request must be specific as to the facility or activity, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen calendar days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant.  (B) Subsection (A) does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60.  HISTORY: 1990 Act No. 376, Section 1; 1991 Act No; 164, Section 1; 2006 Act No. 372, Section 3, eff June 9, 2006; 2010 Act No. 223, Section 10, eff June 7, 2010; 2010 Act No. 278, Section 18, eff July 1, 2010; 2011 Act No. 47, Section 11, eff June 7, 2011.
 Notwithstanding any other provision of law, the State Fiscal Accountability Authority or Department of Administration, as applicable, must consult the South Carolina Commission on Higher Education prior to granting authorization to effectuate the transaction provided for in this article.  HISTORY: 1996 Act No. 390, Section 3.
 Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section "substantial role" means a role where one is providing direct advice to the members of a negotiating team or being a member of a negotiating team.  HISTORY: 1996 Act No. 390, Section 4.
 No condition of any lease or agreement shall restrict MUSC employees to shared participation with one company's health care third party providers.  HISTORY: 1996 Act No. 390, Section 5.
 At the time of default by Columbia HCA or end of the lease, MUSC shall not be required to purchase the Medical Center as a going concern but rather at the appraised value of the tangible assets owned by the lessee as personal property inventory.  HISTORY: 1996 Act No. 390, Section 6.
 Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees.  HISTORY: 1996 Act No. 390, Section 7.
 (A)(1) The department may deny, suspend, or revoke licenses or assess a monetary penalty, or both, against a person or facility for:  (a) violating a provision of this article or departmental regulations;  (b) permitting, aiding, or abetting the commission of an unlawful act relating to the securing of a Certificate of Need or the establishment, maintenance, or operation of a facility requiring certification of need or licensure under this article;  (c) engaging in conduct or practices detrimental to the health or safety of patients, residents, clients, or employees of a facility or service. This provision does not refer to health practices authorized by law;  (d) refusing to admit and treat alcoholic and substance abusers, the mentally ill, or persons with intellectual disability, whose admission or treatment has been prescribed by a physician who is a member of the facility's medical staff; or discriminating against alcoholics, the mentally ill, or persons with intellectual disability solely because of the alcoholism, mental illness, or intellectual disability;  (e) failing to allow a team advocacy inspection of a community residential care facility by the South Carolina Protection and Advocacy System for the Handicapped, Inc., as allowed by law.  (2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties, or both, is not limited to information relating to the current licensing period but includes consideration of all pertinent information regarding the facility and the applicant.  (3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five calendar days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be immediately reinstated. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department may proceed with the process for permanent revocation pursuant to this section.  (B) Should the department determine to assess a penalty, deny, suspend, or revoke a license, it shall send to the appropriate person or facility, by certified mail, a notice setting forth the particular reasons for the determination. The determination becomes final thirty days after the mailing of the notice, unless the person or facility, within such thirty-day period, requests in writing a contested case hearing before the board, or its designee, pursuant to the Administrative Procedures Act. On the basis of the contested case hearing, the determination involved must be affirmed, modified, or set aside. Judicial review may be sought in accordance with the Administrative Procedures Act.  (C) The penalty imposed by the department for violation of this article or its regulations must be not less than one hundred nor more than five thousand dollars for each violation of any of the provisions of this article. Each day's violation is considered a subsequent offense.  (D) Failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial of a renewal of a license. No license may be issued, reissued, or renewed until all penalties finally assessed against a person or facility have been paid.  (E) No Certificate of Need may be issued to any person or facility until a final penalty assessed against a person or a facility has been paid.  (F) All penalties collected pursuant to this article must be deposited in the state treasury and credited to the general fund of the State.  HISTORY: 1962 Code Section 32-781.1; 1971 (57) 376; 1979 Act No. 51 Section 1; 1981 Act No. 16, Section 3; 1987 Act No. 184 Section 4; 1988 Act No. 670, Section 1; 1990 Act No. 377, Section 1; 1992 Act No. 339, Section 1; 2010 Act No. 223, Section 11, eff June 7, 2010; 2010 Act No. 278, Section 19, eff July 1, 2010; 2011 Act No. 47, Section 12, eff June 7, 2011.
 All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section.  HISTORY: 1996 Act No. 390, Section 8.
 Notwithstanding any other provision of law to the contrary, including any provision of the Annual General Appropriations Act for FY 1996-97, members of the General Assembly must pay any co-payment or deductible as may be applicable for receiving services at a hospital facility in this State whether or not their services are provided by the MUSC hospital or its successor in interest.  HISTORY: 1996 Act No. 390, Section 9.
 Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, MUSC must maintain the current level of services currently offered to indigent patients at Charleston Memorial Hospital unless the MUSC Board of Trustees approves otherwise.  HISTORY: 1996 Act No. 390, Section 10.
 Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant.  HISTORY: 1996 Act No. 390, Section 11.
 Section effective May 23, 2023.  (A)(1) The Medical University of South Carolina shall collect data on the incidence of Parkinson's disease in South Carolina and other epidemiological data as defined in this section.  (2) For the purposes of this section:  (a) "Parkinson's disease" means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, muscle rigidity, stooped posture, and unsteady or shuffling gait.  (b) "Parkinsonism" means one or more related conditions that cause a combination of the movement abnormalities seen in Parkinson's disease, such as tremor at rest, slow movement, muscle rigidity, impaired speech or muscle stiffness, which often overlap with and can evolve from what appears to be Parkinson's disease. Examples of parkinsonism of particular interest include, but are not exclusive to, the following: Multiple System Atrophy (MSA), Dementia with Lewy Bodies (DLB), Corticobasal Degeneration (CBD), and Progressive Supranuclear Palsy (PSP).  (3) The database and system of collection and dissemination of information must be under the direction of the Chief Executive Officer of MUSC, who may enter into contracts, grants, or other agreements as are necessary for the collection of the data.  (B)(1) Every patient diagnosed with Parkinson's disease or a related parkinsonism must be notified about the database and the opportunity to participate as provided in this subsection, but no patient may be forced to participate.  (2) A physician who diagnoses a patient with Parkinson's disease or related parkinsonism, as advised by the advisory committee established pursuant to item (3), shall notify the patient orally and in writing about the database and the opportunity to participate by allowing for the collection of information and patient data on Parkinson's disease. If a patient does not wish to participate, the physician shall certify in writing that the patient has been notified of the opportunity, and has been provided information about the operation of the database and afforded the opportunity to ask questions, but has declined.  (3) MUSC shall establish a Parkinson's Disease Database Advisory Committee to assist in the development and implementation of the database; determine what data must be collected; and generally, advise MUSC. Membership of the committee must include at least one general neurologist, one movement disorder specialist, one primary care physician, one physician who practices clinical informatics, Parkinson's patients, public health staff, population health researchers familiar with such databases, Parkinson's disease researchers, and anyone else MUSC deems necessary.  (C) MUSC shall establish a system for the collection and dissemination of information determining the incidence and prevalence of Parkinson's disease and related parkinsonism, as advised by the advisory committee. MUSC shall designate Parkinson's disease and related parkinsonism as advised by the advisory committee as diseases required to be reported in the State or any part of the State. All cases of Parkinson's disease diagnosed or treated in South Carolina must be reported to MUSC. However, the mere incidence of a patient with Parkinson's is the sole required information for this database for any patient who chooses not to participate. For the subset of patients who choose not to participate, no further data may be reported to the database. MUSC may create, review, and revise a list of data points required as part of mandated Parkinson's disease reporting pursuant to this section. This list must include, but not be limited to, necessary triggering diagnostic conditions, consistent with the latest International Statistical Classification of Diseases and Related Health Problems, and resulting case data including, but not limited to, diagnosis, medical treatment, treatment, and survival. MUSC may implement and administer this subsection through a bulletin or similar instruction.  (D) MUSC shall provide notification of the mandatory reporting of Parkinson's disease and parkinsonism on its website and also shall provide that information to associations representing physicians and hospitals and directly to the Board of Medical Examiners at least one hundred eighty days prior to requiring information be reported.  (E) A hospital, facility, physician, surgeon, physician assistant, nurse practitioner, or other health care provider deemed necessary by MUSC diagnosing Parkinson's disease or parkinsonism patients shall report each case of Parkinson's disease and parkinsonism to MUSC in a format prescribed by MUSC. MUSC is authorized to enter into data sharing contracts with data reporting entities and their associated electronic medical record systems vendors to securely and confidentially receive information related to Parkinson's disease testing, diagnosis, and treatment.  (F) MUSC may enter into agreements to furnish data collected in this database to other states' Parkinson's disease registries, federal Parkinson's disease control agencies, local health officers, or health researchers for the study of Parkinson's disease. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, also shall do both of the following:  (1) obtain approval of the respective committee for the protection of human subjects established in accordance with 45 C.F.R. 46.101; and  (2) provide documentation to MUSC that demonstrates to MUSC's satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.  (G) Except as otherwise provided in this section, all information collected pursuant to this section is confidential. For purposes of this section, this information must be referred to as confidential information. To ensure privacy, MUSC shall promulgate a coding system that removes any identifying information about the patient.  (H) Notwithstanding another provision of law, a disclosure authorized by this section may include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.  (I) Provided the security of confidentiality has been documented, the furnishing of confidential information to MUSC or its authorized representative in accordance with this section does not expose any person, agency, or entity furnishing information to liability, and may not be considered a waiver of any privilege or a violation of a confidential relationship.  (J) MUSC shall maintain an accurate record of all persons who are given access to confidential information. The record must include:  (1) the name of the person authorizing access;  (2) name, title, address, and organizational affiliation of persons given access;  (3) dates of access; and  (4) the specific purpose for which information is to be used. The record of access must be open to public inspection during normal operating hours of MUSC.  (K)(1) Notwithstanding another provision of law, the confidential information may not be disclosed, is not discoverable, and may not be compelled to be produced in any civil, criminal, administrative, or other proceeding. The confidential information is not admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.  (2) This subsection does not prohibit the publication by MUSC of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.  (3) Notwithstanding the restrictions in this subsection, the individual to whom the information pertains has access to his own information.  (L) This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson's disease to maintain their own facility-based Parkinson's disease databases or registries.  (M) MUSC is responsible for any costs incurred in implementing the provisions of this section.  HISTORY: 2022 Act No. 211 (S.1011), Section 2, eff May 23, 2023.  Editor's Note  2022 Act No. 211, preamble, and Sections 1 and 4, provide as follows:  "Whereas, Parkinson's disease is a chronic neurodegenerative disease that gradually worsens over time. It occurs when brain cells that make dopamine, a chemical that coordinates movement, stop working or die. There is no treatment to slow, stop, or reverse its progression, nor is there a cure; and  "Whereas, there are one million people in the United State living with Parkinson's disease and that number is expected to rise to 1.6 million by 2037 with a cost increase to $79 billion; and  "Whereas, it is estimated that more than 110,000 military veterans, live with Parkinson's and costs an estimated $58 billion each year in medical and nonmedical expenses, half of which is paid by the federal government; and  "Whereas, the combined direct and indirect costs of Parkinson's, including treatment and lost income, is estimated to be nearly $52 billion per year in the United States alone. Medications alone cost an average of $2,500 a year and therapeutic surgery can cost upwards of $100,000 per person; and  "Whereas, the importance of states to collect critical research data is the first step to better understand who develops Parkinson's and why; and  "Whereas, the Medical University of South Carolina agrees to participate in this important research and supports passage of this legislation; and  "Whereas, this legislation will expand our understanding of Parkinson's disease to ultimately improve the lives of those affected, determine incidence and prevalence of Parkinson's disease more accurately by state, and improve our understanding of the link between Parkinson's and military service since a larger portion of the veteran's community has Parkinson's disease compared to the general population. Now, therefore, [text of Act]."  "SECTION 1. This act may be cited and known as the 'South Carolina Parkinson's Disease Research Collection Act'."  "SECTION 4. This act takes effect twelve months after approval by the Governor."
 (A)(1) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, whether in paper format or electronic format, but the fee may not exceed:  (a) for records requested to be produced in an electronic format, the total charge to the requestor may not exceed one hundred fifty dollars per request regardless of the number of records produced or number of times the patient has been admitted to the health care facility. The charge, not to exceed one hundred fifty dollars, shall be calculated as follows: sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed a total of one hundred fifty dollars per request, and to which may be added actual postage and applicable sales tax;  (b) for paper requests, sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page print costs may not exceed two hundred dollars per admission to the health care facility, and to which may be added actual postage and applicable sales tax. The patient may have more than one admission on file when the record request is made. If multiple admissions exist, the print fee applies per admission, but only one clerical fee may be charged. Multiple emergency room records without an admission to the hospital are considered one admission;  (c) notwithstanding whether the records are requested in print or electronic format, the search and handling fees in subitems (a) and (b) are permitted even though no medical record is found as a result of the search, except where the request is made by the patient; and  (d) all of the fees allowed by this section, including the maximum, must be adjusted annually in accordance with the Consumer Price Index for all Urban Consumers, South Region (CPI-U), published by the U.S. Department of Labor. The Department of Health and Environmental Control is responsible for calculating this annual adjustment, which is effective on July first of each year, starting July 1, 2015.  (2) Notwithstanding the provisions of subsection (A), no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care.  (3) The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.  (B) Except for those requests for medical records pursuant to Section 42-15-95:  (1) A health care facility shall comply with a request for copies of a medical record:  (a) no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later; and  (b) in a printed format or in an electronic format if requested to be delivered in electronic format, but only if the record is stored in an electronic format at the time of the request and the health care facility has the ability to produce the medical record in an electronic format without incurring additional cost.  (2) Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient.  HISTORY: 1994 Act No. 468, Section 3; 2014 Act No. 294 (H.4354), Section 1, eff June 23, 2014.
 The department, in accordance with the laws of this State governing injunctions and other processes, may maintain an action in the name of the State against any person or facility for violation of this article and regulations promulgated under this article. In charging any defendant in a complaint in an action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did violate any provision of this article or of the regulations promulgated without the necessity for showing irreparable harm.  HISTORY: 1962 Code Section 32-782; 1952 Code Section 32-782; 1947 (45) 510; 1950 (46) 2549; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 Any person or facility violating any of the provisions of this article or a regulation under this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense. Each day's violation after a first conviction constitutes a subsequent offense.  HISTORY: 1962 Code Section 32-783; 1952 Code Section 32-783; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 This article may be cited as the "Lewis Blackman Hospital Patient Safety Act".  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 For purposes of this article:  (1) "Clinical staff" means persons who work in a hospital whose duties include the personal care or medical treatment of patients. "Clinical staff" includes, but is not limited to, credentialed physicians, physicians' assistants, nurses, nursing aides, medical technicians, therapists, and other individuals involved in the personal care or medical treatment of patients.  (2) "Clinical trainees" means persons who are receiving health care professional training in a hospital, either paid or unpaid, students or licensed professionals, whose training includes the personal care or medical treatment of patients. "Clinical trainees" includes, but is not limited to, resident physicians, medical students, nursing students, and other students and individuals in health care professional training in a hospital.  (3) "Credentialed caregiver" means a nurse practitioner or physician's assistant who is licensed to care for patients within his or her scope of practice.  (4) "Credentialed physician" means a licensed physician who has completed his or her postgraduate medical training who has medical staff privileges at a hospital.  (5) "Attending physician" means a licensed physician who has completed his or her postgraduate medical training and who has medical staff privileges at a hospital and who has primary responsibility for a patient's care while the patient is in the hospital.  (6) "Designee" means a credentialed physician or a credentialed caregiver whom a patient's attending physician has designated to care for the patient in the absence of the attending physician.  (7) "Medical student" means an individual enrolled in a program culminating in a degree in medicine.  (8) "Patient" means an individual who is being treated by a physician in a hospital and includes a patient's representative or an individual allowed by law to make health care decisions for a patient who is a minor or who is unable to consent to health care treatment for himself or herself, or both.  (9) "Resident physician" means an individual who is participating in any graduate medical education program and whose relationship to the patient is under the auspices of the medical education program.  (10) "Intern" means an individual who is an advanced student or graduate in medicine gaining supervised practical experience.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 All clinical staff, clinical trainees, medical students, interns, and resident physicians of a hospital shall wear badges clearly stating their names, using at a minimum either first or last names with appropriate initials, their departments, and their job or trainee titles. All clinical trainees, medical students, interns, and resident physicians must be explicitly identified as such on their badges. This information must be clearly visible and must be stated in terms or abbreviations reasonably understandable to the average person, as recognized by the Department of Health and Environmental Control.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005); 2006 Act No. 364, Section 2, eff June 9, 2006.
 Except in emergency admissions, a hospital shall provide to each patient prior to, or at the time of the patient's admission to the hospital for inpatient care or outpatient surgery, written information describing the general role of clinical trainees, medical students, interns, and resident physicians in patient care. The written information must also notify the patient that the attending physician is the person responsible for the patient's care while the patient is in the hospital and that the patient's attending physician may change during the patient's hospitalization depending on the type of care or services required for the patient. The written information must also contain the information described in Section 44-7-3450. The written material must also state generally whether medical students, interns, or resident physicians may be participating in a patient's care, may be making treatment decisions for the patient, or may be participating in or performing, in whole or in part, any surgery on the patient. This document must be separate from the general consent for treatment.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 Community residential care facilities licensed pursuant to this article which receive public funds, including funds appropriated in Part I of the appropriation act, directly or indirectly, including those instances where payment of an optional state supplement from the South Carolina Department of Social Services is made to a resident, their designated representative payee, or guardian, rather than directly to a facility, may not deny admission or services to an individual on the basis of race, color, national origin, qualified handicap, sex, or age.  HISTORY: 1990 Act No. 612, Part II, Section 56.
 (A) If at any time a patient requests that a nurse call his or her attending physician regarding the patient's personal medical care, the nurse shall place a call to the attending physician or his or her designee to inform him or her of the patient's concern. If the patient is able to communicate with and desires to call his or her attending physician or designee, upon the patient's request, the nurse must provide the patient with the telephone number and assist the patient in placing the call. A nurse or other clinical staff to whom such a request is made or who receives multiple requests may notify his or her immediate supervisor for assistance.  (B) Each hospital must provide a mechanism, available at all times, through which a patient may access prompt assistance for the resolution of the patient's personal medical care concerns.  For purposes of this section, "mechanism" means a telephone number, beeper number, or other means of allowing a patient to independently access the patient assistance system and must not be construed as requiring a patient to request information or assistance in order to access the system; however, a clinical staff member or clinical trainee must promptly access the system on behalf of a patient if a patient requests such assistance. A description of this mechanism and the method for accessing it must be included in the written material described in Section 44-7-3440.  (C) The hospital must establish procedures for the implementation of the mechanism, providing for initiation of contact with administrative or supervisory clinical staff who shall promptly assess, or cause to be assessed, the urgent patient care concern and cause the patient care concern to be addressed.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 The provisions of this article do not apply to hospitals owned or operated by the Department of Mental Health or by specialized hospitals licensed exclusively for treatment of alcohol or drug abuse and which are under contract with the Department of Alcohol and Other Drug Abuse Services.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005); 2007 Act No. 29, Section 1, eff upon approval (became law without the Governor's signature on May 16, 2007).
 The Department of Health and Environmental Control shall administer and enforce the provisions of this article in accordance with procedures and penalties provided in law and regulation.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 This article does not create a civil cause of action; however, this article must not be construed to preclude a claim that may have otherwise been asserted under common law or any other provision of law.  HISTORY: 2005 Act No. 146, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2005).
 The agency placing a client in a community residential care facility shall develop an individual plan of care in cooperation with the provider. The placing agency shall monitor the plan to the extent considered appropriate by the placement agency.  Prior to a community residential care facility being licensed for operation in an area which is outside incorporated areas of a county, the following conditions must be met:  (1) The governing body for the area must be given notice of the proposed location.  (2) Where the governing body objects to the proposed site for the facility, the arbitration procedures set forth in Act 449 of 1978 must be employed.  HISTORY: 1962 Code Section 32-784; 1952 Code Section 32-784; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 Community residential care facilities are required to furnish an item-by-item billing for all charges to the resident or the person paying the bill, upon request by the resident or person paying the bill. Items which remain unpaid are not required to be itemized again. A request for itemized billing remains in effect until further notification by the resident or person paying the bill. The provisions of this section do not apply to the contracted amount of a state agency. Any amount above the contract must be itemized accordingly. Residents receiving an optional supplement from the State Department of Social Services must not be charged an amount greater than that set by that department.  HISTORY: 1962 Code Section 32-785; 1952 Code Section 32-785; 1947 (45) 510; 1971 (57) 267; 1976 Act No. 620 Section 1; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
 (A) The South Carolina Department of Health and Environmental Control shall establish a Residential Care Committee to advise the department regarding licensing and inspection of community residential care facilities.  (1) The committee consists of the Long Term Care Ombudsman, three operators of homes with ten beds or less, four operators of homes with eleven beds or more, and three members to represent the department appointed by the commissioner for terms of four years.  (2) The terms must be staggered and no member may serve more than two consecutive terms. Any person may submit names to the commissioner for consideration. The advisory committee shall meet at least once annually with representatives of the department to evaluate current licensing regulations and inspection practices. Members shall serve without compensation.  (B) The Department of Health and Environmental Control shall appoint a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of renal dialysis centers. The council must be consulted and have the opportunity to review all regulations promulgated by the board affecting renal dialysis prior to submission of the proposed regulations to the General Assembly.  (1) The council is composed of a minimum of fourteen persons, one member recommended by the Palmetto Chapter of the American Nephrology Nurses Association; one member recommended by the South Carolina Chapter of the National Association of Patients on Hemodialysis and Transplants; three physicians specializing in nephrology recommended by the South Carolina Renal Physicians Association; two administrators of facilities certified for dialysis treatment or kidney transplant services; one member recommended by the South Carolina Kidney Foundation; one member recommended by the South Carolina Hospital Association; one member recommended by the South Carolina Medical Association; one member of the general public; one member representing technicians working in renal dialysis facilities; one member recommended by the Council of Nephrology Social Workers; and one member recommended by the Council of Renal Nutritionists. The directors of dialysis programs at the Medical School of the University of South Carolina and the Medical University of South Carolina, or their designees, are ex officio members of the council.  (2) Members shall serve four-year terms and until their successors are appointed and qualify. No member of council shall serve more than two consecutive terms. The council shall meet as frequently as the board considers necessary, but not less than twice each year. Members shall serve without compensation.  HISTORY: 1962 Code Section 32-786; 1952 Code Section 32-786; 1947 (45) 510; 1971 (57) 267, 376; 1976 Act No. 620 Section 2; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1993 Act No. 110, Section 9.
 (A) As used in this section, "surgical technology" means intraoperative surgical patient care that involves:  (1) preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;  (2) preparing the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique;  (3) anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology and how they relate to the surgical patient and the patient's surgical procedure; and  (4) as directed within the sterile field in an operating room setting, performing tasks including:  (a) passing supplies, equipment, or instruments;  (b) sponging or suctioning an operative site;  (c) preparing and cutting suture materials;  (d) transferring fluids or drugs;  (e) holding retractors; and  (f) assisting in counting sponges, needles, supplies, and instruments.  (B)(1) A person may not practice surgical technology in a health care facility unless the person meets one of the following requirements:  (a) has successfully completed an accredited educational program for surgical technologists and holds and maintains the Surgical Technologist Certification administered by the National Board of Surgical Technology and Surgical Assisting, or its successor; however, upon completion of an accredited education program for surgical technologists, graduates may practice for up to three months before completing certification by the National Board of Surgical Technology and Surgical Assisting, or its successor;  (b) has completed an appropriate training program for surgical technology in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard or in the United States Public Health Service;  (c) provides evidence that the person was employed to practice surgical technology in a health care facility in this State prior to January 1, 2008; or  (d) is in the service of the federal government, to the extent the person is performing duties related to that service.  (2) A person qualified to practice as a surgical technologist pursuant to subsection (B)(1) remains qualified to practice regardless of a break in practice provided the continuing education required in subsection (D) is current.  (C) A person who does not meet the requirements of this section, may practice surgical technology in a health care facility if:  (1) after a diligent and thorough effort has been made, the health care facility is unable to employ a sufficient number of persons who meet the requirements of this section; and  (2) the health care facility makes a written record of its efforts made pursuant to item (1) and retains the record at the health care facility.  (D) A person who qualifies to practice surgical technology in a health care facility pursuant to subsection (B)(1)(a), (b), or (c) annually must complete fifteen hours of continuing education to remain qualified for employment.  (E) A health care facility that employs a person to practice surgical technology shall verify that the person meets the continuing education requirements of subsection (D) or that the person has held and maintained the Surgical Technologist Certification as required in subsection (B)(1)(a).  (F) A health care facility shall supervise each person employed by the health care facility to practice surgical technology according to the health care facility's policies and procedures to ensure that the person competently performs delegated tasks intraoperatively according to this section or other applicable provisions of law.  (G) This section does not prohibit a person licensed under another provision of law from performing surgical technology tasks or functions if the person is acting within the scope of his or her license.  HISTORY: 2007 Act No. 95, Section 1, eff January 1, 2008.
 (A) As used in this section, an "operating room circulator" means a registered nurse trained, educated, or experienced in perioperative nursing who is responsible for coordinating the nursing care and safety needs of a patient in the operating room and who also meets the needs of the operating room team members during surgery.  (B) An operating room circulator in a health care facility must be a licensed registered nurse educated, trained, and experienced in perioperative nursing.  (C) A surgical technologist may not serve as the circulator in the operating room of a health care facility; however, a person who is employed to practice surgical technology in a health care facility may assist in the performance of circulating duties:  (1) consistent with the person's education, training, and experience; and  (2) as assigned and supervised by a registered nurse circulator who must be present in the operating room for the duration of the surgical procedure.  HISTORY: 2007 Act No. 95, Section 1, eff January 1, 2008.
 There is no monetary liability on the part of, and no cause of action for damages arising against, a hospital licensed under this article, its parent, subsidiaries, health care system, physician practices owned by the hospital (its parent or subsidiaries), directors, officers, agents, employees, medical staff members, external reviewers, witnesses, or a member of any committee of a licensed hospital, whether permanent or ad hoc, including the hospital's governing body, for any act or proceeding undertaken or performed without malice, made after reasonable effort to obtain the facts, and the action taken was in the belief that it is warranted by the facts known, arising out of or relating to:  (1) sentinel event investigations or root cause analyses, or both, as prescribed by the joint commission or any other organization under whose accreditation a hospital is deemed to meet the Centers for Medicare and Medicaid Services' conditions of participation;  (2) investigations into the competence or conduct of hospital employees, agents, members of the hospital's medical staff or other practitioners, relating to the quality of patient care, and any disciplinary proceedings or fair hearings related thereto, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital;  (3) quality assurance reviews;  (4) the medical staff credentialing process, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital;  (5) reports by a hospital to its insurance carriers;  (6) reviews or investigations to evaluate the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners; or  (7) reports or statements, including, but not limited to, those reports or statements to the National Practitioner Data Bank and the South Carolina Board of Medical Examiners, that provide analysis or opinion (including external reviews) relating to the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners.  HISTORY: 2012 Act No. 275, Section 1, eff June 26, 2012.
 (A)(1) All proceedings of, and all data, documents, records, and information prepared or acquired by, a hospital licensed under this article, its parent, subsidiaries, health care system, committees, whether permanent or ad hoc, including the hospital's governing body, or physician practices owned by the hospital (its parent or subsidiaries), relating to the following are confidential:  (a) sentinel event investigations or root cause analyses, or both, as prescribed by the joint commission or any other organization under whose accreditation a hospital is deemed to meet the Centers for Medicare and Medicaid Services' conditions of participation;  (b) investigations into the competence or conduct of hospital employees, agents, members of the hospital's medical staff or other practitioners, relating to the quality of patient care, and any disciplinary proceedings or fair hearings related thereto;  (c) quality assurance reviews;  (d) the medical staff credentialing process;  (e) reports by a hospital to its insurance carriers;  (f) reviews or investigations to evaluate the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners; or  (g) reports or statements, including, but not limited to, those reports or statements to the National Practitioner Data Bank and the South Carolina Board of Medical Examiners, that provide analysis or opinion (including external reviews) relating to the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or other practitioners; or  (h) incident or occurrence reports and related investigations, unless the report is part of the medical record.  (2) The proceedings and data, documents, records, and information described in subsection (A)(1) may be shared with a parent corporation, subsidiaries, other hospitals in the health care system, directors, officers, employees, and agents of the hospital and if shared, remain confidential. These proceedings and data, documents, records, and information in subsection (A)(1) are not subject to discovery, subpoena, or introduction into evidence in any civil action unless the hospital and any affected person who is a party to such action waives the confidentiality in writing. Notwithstanding the foregoing, however, in the event an affected person asserts a claim in any civil action against a hospital, its parent, affiliates, directors, officers, agents, employees, or member of any committee of a licensed hospital, relating to any proceeding identified in subsection (A)(1), the hospital may, without consultation with the affected person, waive confidentiality in that civil action. Likewise, if a hospital asserts a claim in any civil action against an affected person relating to any proceeding identified in subsection (A)(1) in which the affected person was a party, the affected person may use information in the affected person's possession that is otherwise confidential under this section in that civil action.  (3) Data, documents, records, or information which are otherwise available from original sources are not confidential and are not immune from discovery from the original source under this section or use in a civil action merely because they were acquired by the hospital.  (4) This subsection does not make confidential the outcome of a practitioner's application for medical staff membership or clinical privileges, nor does it make confidential the list of clinical privileges requested by the practitioner or the list of clinical privileges that were approved. However, the practitioner's application for medical staff membership or clinical privileges, and all supporting documentation submitted or requested for the application are confidential. Nevertheless, the application itself may be obtained from the physician requesting privileges or the practice where the physician works as an employee or an independent contractor.  (5) If a practitioner is the subject of a disciplinary proceeding or fair hearing, this subsection does not, subject to the provisions of the medical staff bylaws, prohibit the practitioner from receiving data, documents, records, and information relating to this practitioner that is relevant to the proceeding or fair hearing, even if the data, documents, records, and information are otherwise confidential under this section. Such a disclosure to a practitioner in a disciplinary proceeding or fair hearing must not be considered a waiver of any privilege or confidentiality provided for in subsection (A)(1). The practitioner must not, however, without the written consent of the hospital, publish to any third party, other than legal counsel or a person retained for the purposes of representing the practitioner in a disciplinary proceeding or fair hearing, the data, documents, records, or information that were disclosed to him as part of the disciplinary proceeding or fair hearing.  (6) There is nothing in this section which makes any part of a patient's medical record confidential from the patient, including any redactions, corrections, supplements, or amendments to the patient's record, whether electronic or written.  (B) The confidentiality provisions of subsection (A) do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.  (C) Nothing in this section affects the duty of a hospital licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered a waiver of any privilege or confidentiality provided in subsection (A).  (D) Any data, documents, records or information that is reported to or reviewed by the joint commission or other accrediting bodies must not be considered a waiver of any privilege or confidentiality provided for in subsection (A).  (E) Any data, documents, records, or information of an action by a hospital to suspend, revoke, or otherwise limit the medical staff membership or clinical privileges of a practitioner that is submitted to the South Carolina Board of Medical Examiners pursuant to a report required by Section 44-7-70, or the National Practitioner Data Bank must not be considered a waiver of any privilege or confidentiality provided for in subsection (A).  (F) An affected person may file a civil action to assert a claim of confidentiality before a court of competent jurisdiction and file a motion to request the court to issue an order to enjoin a hospital from releasing data, documents, records, or information to the department, the South Carolina Board of Medical Examiners, the National Practitioner Data Bank, and the joint commission or other accrediting bodies that are not required by law or regulation to be released by a hospital. The data, documents, records, or information in controversy must be filed under seal with the court having jurisdiction over the pending action and are subject to judicial review. If the court finds that a party acted unreasonably in unsuccessfully asserting the claim of confidentiality under this subsection, the court shall assess attorney's fees against that party.  (G) For purposes of this section, an "affected person" means a person, other than a patient, who is a subject of a proceeding enumerated in subsection (A)(1).  HISTORY: 2012 Act No. 275, Section 1, eff June 26, 2012.
 (A) If a hospital or affected person asserts a claim of confidentiality over documents pursuant to Section 44-7-392, and the party seeking the documents objects, then upon motion to the court having jurisdiction over the pending action the court shall review the documents under seal to determine if any of the documents are subject to discovery. The court may order production of the documents to the requesting party. If the court finds that a hospital or affected person acted unreasonably in unsuccessfully asserting the claim of confidentiality, the court may assess attorney's fees against that party for any fees incurred by the requesting party in obtaining the documents.  Further, a party to a medical or hospital malpractice case shall not offer testimony of a person who was a witness to the medical or hospital care that is the subject of the medical or hospital malpractice case if their testimony would be inconsistent with a prior written, electronic, video, or audio statement of fact submitted by the person and that is confidential under Section 44-7-392, unless such prior inconsistent statement of fact is first produced to all parties in the medical or hospital malpractice case. Upon request by a party, a privilege log shall be provided by a hospital to all parties in the medical or hospital malpractice case identifying any prior written, electronic, video, or audio statements of fact relating to the medical or hospital care that is the subject of the medical or hospital malpractice case that were given by a witness who is identified in discovery and may testify at trial. Upon motion of any party, a prior statement of fact, whether written, electronic, video, or audio, that is confidential under Section 44-7-392, may be reviewed by the court in camera to determine whether the prior statement of fact is inconsistent with the trial testimony offered in the medical or hospital malpractice case. If the court concludes that the prior statement of fact is inconsistent, the court shall order that the prior written statement of fact be produced to the moving party.  (B) For purposes of this section an "affected person" means a person, other than a patient, who is a subject of a proceeding enumerated in Section 44-7-392(A)(1).  (C) If the court orders a hospital or affected person to produce documents to a third party under this section, the hospital or affected person shall have the right to immediately appeal that order, and the filing of the appeal shall stay the enforcement of the order compelling the production.  HISTORY: 2012 Act No. 275, Section 1, eff June 26, 2012.
 The governing body of any county in this State in which the United States Government decides to locate or build a hospital for veterans may, by resolution passed by a majority vote of such body, convey to the United States Government in fee simple, free of all encumbrances, any lands now owned or hereafter acquired by it for the use and benefit of such veterans' hospital, such conveyance to be without consideration and as a gift to the United States Government. Such deed of conveyance if made under the provisions of this section shall be signed by such officer or officers of the county as the resolution duly passed by such governing body may prescribe or provide. A certified copy of such resolution shall be recorded with the deed of conveyance so made.  HISTORY: 1962 Code Section 32-754; 1952 Code Section 32-754; 1942 Code Section 5148; 1932 Code Section 5148; 1931 (37) 334.
 The doctrines of charitable and sovereign immunity as they relate to hospitals and other medical facilities in this State are hereby modified to the extent that any person sustaining an injury or dying by reason of the tortious act of commission or omission of agents, servants, employees or officers of a charitable hospital or medical facility or of a hospital or other medical facility operated or funded by the State, its agencies, departments, institutions, commissions, boards or political subdivisions may recover in any action brought against such hospital or other medical facility for such actual damages as he may sustain a sum not exceeding one hundred thousand dollars. Except as to licensed physicians and dentists, the judgment in an action under this section shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the charitable or governmental entity whose act or omission gave rise to the claim; and a plaintiff, when bringing an action under the provisions of this section, shall only name as a party defendant the entity for which the employee was acting and shall not name the employee individually unless the entity for which the employee was acting cannot be determined at the time the action is instituted. In the event the employee is individually named under the conditions permitted above, the entity for which the employee was acting shall be substituted as the party defendant when it can be so reasonably determined. The provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist.  HISTORY: 1977 Act No. 182 Section 3.
 This article may be known and cited as the "Health Care Cooperation Act".  HISTORY: 1994 Act No. 437, Section 1.
 The General Assembly makes the following findings:  (1) that the cost of improved health technology and scientific methods contributes significantly to the increasing cost of health care;  (2) that cooperative agreements among hospitals health care purchasers, and other health care providers would foster improvements in the quality of health care for South Carolinians, moderate cost increases, improve access to needed services in rural areas, and enhance the likelihood that rural hospitals can remain open;  (3) that federal and state antitrust laws may prohibit or discourage cooperative agreements that are beneficial to South Carolinians and that such agreements should be encouraged; and  (4) that competition as currently mandated by federal and state antitrust laws should be supplanted by a regulatory program to permit and encourage cooperative agreements between hospitals, health care purchasers, or other health care providers when the benefits outweigh the disadvantages caused by their potential adverse effects on competition.  HISTORY: 1994 Act No. 437, Section 1.
 As used in this article:  (1) "Affected persons" means a health care provider or purchaser:  (a) who provides or purchases the same or similar health care services in the geographic area served or to be served by the applicants for a certificate of public advantage: or  (b) who has notified the department of his interest in applications for certificates of public advantage and has a direct economic interest in the decision. Other than health insurers licensed in South Carolina, persons from other states who would otherwise be considered "affected persons" are not included unless that state provides for similar involvement of persons from South Carolina in a similar process in that state.  (2) "Certificate of public advantage" means the formal approval, including any conditions or modifications, by the department of a contract, business or financial arrangement, or other activities or practices between two or more health providers, health provider networks, or health care purchasers that might be construed to be violations of state or federal antitrust laws.  (3) "Cooperative agreement" means an agreement between two health providers, health provider networks, or purchasers or among more than two health care providers, health provider networks, or purchasers for the sharing, allocation, or referral of patients or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment, or other health care services traditionally offered by health care facilities or other health care providers or the acquisition or merger of assets among or by two or more health providers, health provider networks, or health care purchasers, provided the agreement does not involve price-fixing or predatory pricing or illegal tying arrangements.  (4) "Department" means the Department of Health and Environmental Control.  (5) "Health care provider" means a health care professional licensed, certified, or registered under the laws of this State, an organization licensed pursuant to Section 44-69-30 or Section 44-71-30, or a facility licensed pursuant to Section 44-7-260 or Section 44-89-40 to provide health care services or any other person as defined in Section 44-7-130(15) who provides health services in a freestanding or mobile facility.  (6) "Health care purchaser" means a person or organization that purchases health care services on behalf of an identified group of persons, regardless of whether the cost of coverage of services is paid for by the purchaser or by the person receiving coverage or services including, but not limited to:  (a) health insurers as defined by Section 38-71-920;  (b) employee health plans offered by self-insured employers;  (c) group health coverage offered by fraternal organizations, professional associations, or other organizations;  (d) state and federal health care programs; and  (e) state and local public employee health plans.  (7) "Health provider networks" means an organization of health care providers which offers health services to residents of this State. An organization may be a partnership, corporation including an association, a joint stock company, or any other legal entity recognized by the State.  (8) "Federal or state antitrust laws" means a federal or state law prohibiting monopolies or agreements in restraint of trade, including the Federal Sherman Act and Clayton Act, the Federal Trade Commission Act, and Chapters 3 and 5 of Title 39 of the 1976 Code.  HISTORY: 1994 Act No. 437, Section 1.
 (A) It is the intent of this article to require the State to provide direction, supervision, regulation, and control over approved cooperative agreements through the department and the Attorney General. This state direction, supervision, regulation, and control of cooperative agreements will provide immunity for health care providers, health provider networks, or purchasers who participate in discussions or negotiations authorized by this article from civil liability and criminal prosecution under federal or state antitrust laws.  (B) A health care provider, health provider network, or health care purchaser may negotiate, enter into, and conduct business pursuant to a cooperative agreement without being subject to damages, liability, or scrutiny under any state antitrust law. In addition, conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is filed in good faith is immune from challenge or scrutiny under state antitrust laws, regardless of whether a certificate is issued. It is the intention of the General Assembly that this article immunizes covered activities from challenge or scrutiny under federal antitrust laws. Nothing in this subsection creates immunity for a person for conduct in negotiating or entering into a cooperative agreement for which an application for a certificate of public advantage is not filed.  HISTORY: 1994 Act No. 437, Section 1.
 A health care provider, health care purchaser, or health provider network may negotiate and enter into cooperative agreements with other health care providers or health provider networks or health care purchasers if the likely benefits resulting from the agreements outweigh any likely disadvantages resulting from the agreements. Parties to a cooperative agreement may apply to the department for a certificate of public advantage. The application must include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any monetary or other consideration passing to a party under the agreement including change of ownership, merger, or other change in control of the assets of either party. Information obtained by the department under this section must be available to the public unless the department certifies the information as being proprietary. The department may make this certification where a person shows to the satisfaction of the department that the information should be proprietary. The department may require an application fee from the submitting parties sufficient to cover the cost of processing the application.  HISTORY: 1994 Act No. 437, Section 1.
 Upon receipt of an application, the department shall publish in the State Register notice of receipt of the application. The department shall review the application in accordance with the standards set forth in Section 44-7-560 and if requested by an affected person within thirty days of the department's receipt of a completed application, may hold a public hearing in accordance with regulations promulgated by the department. Within thirty days of receipt of the application, the department may request additional information as may be necessary to complete the application. The applicant has thirty days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the thirty-day period, the application is considered withdrawn. However, the department may grant one fifteen-day extension for the applicant to submit this information. The department shall grant or deny the application within sixty days after receipt of a completed application or from the date of the public hearing, if one is requested, and that decision must be in writing and must set forth the basis for the decision. The department shall furnish a copy of the decision to the applicants and any affected persons who have asked to be notified. The department shall publish its decisions in the State Register.  HISTORY: 1994 Act No. 437, Section 1.
 (A) Upon receipt of a completed application the department shall forward a copy of the application to the Attorney General. The Attorney General shall review the request not later than thirty days after receiving the completed application. The Attorney General may advise the department, in writing, to approve or deny the application. Failure by the Attorney General to notify the department within thirty days of receiving a completed application constitutes a recommendation for approval of the request. Advisement by the Attorney General to the department to deny a request shall set forth the reasons for the denial.  (B) Upon receipt of the advice of the Attorney General or at the end of the review period outlined in Section 44-7-540, the department shall issue an order approving or denying the application for a certificate of public advantage. Upon request from the applicant or an affected person, the department's order to approve or deny the application for the certificate is entitled to judicial review in accordance with the Administrative Procedures Act.  HISTORY: 1994 Act No. 437, Section 1.
 (A) The department shall issue a certificate of public advantage for a cooperative agreement if it determines that:  (1) the applicants have demonstrated that the likely benefits resulting from the agreement outweigh the likely disadvantages from the agreement;  (a) in evaluating the benefits likely to result from the cooperative agreement, the department shall consider, but is not limited to:  (i) enhancement of the quality of health and health related care provided to South Carolina citizens;  (ii) preservation of health care providers close to communities traditionally served by those providers;  (iii) gains in the cost-efficiency of the services offered by the health care providers or purchasers involved;  (iv) improvements in the use of health care provider resources and equipment;  (v) avoidance or elimination or reduction of duplication of health care resources;  (vi) improvement in access to health care for citizens in the community;  (vii) support of the agreement by purchasers and payers in the health service area;  (viii) the extent of financial risk-sharing by the parties as a result of the agreement;  (ix) the provision or enhancement of health care services to Medicaid, indigent, or charity care patients by the parties to the agreement.  (b) In evaluating the disadvantages likely to result from the agreement, the department shall consider, but is not limited to:  (i) the likely adverse impact, if any, on the ability of the health care purchasers to negotiate optimal payment and service arrangements with the health care providers or health provider networks;  (ii) the extent of any reduction in competition among health care providers, purchasers, or other persons furnishing goods or services to or in competition with health care providers or purchasers that is likely to result directly or indirectly from the health care cooperative agreement;  (iii) the likely adverse impact, if any, on patients in the quality, availability, and price of health care services;  (iv) the extent to which the agreement may increase the costs of prices of health care at a hospital or other health care provider which is a party to the agreement;  (v) the extent to which services to Medicaid, indigent, or charity care patients are adversely impacted by the agreement; and  (2) reduction in competition likely to result from the agreement is reasonably necessary to obtain the benefits likely to result. In evaluating whether the reduction in competition is necessary to obtain the likely benefits, the department shall consider, but is not limited to:  (a) the availability of arrangements that:  (i) are less restrictive to competition and achieve the same benefits;  (ii) offer a more favorable balance of benefits over disadvantages attributable to a reduction in competition likely to result from the agreement.  (b) the ease with which health care providers or health care purchasers may obtain contracts with other health plans;  (c) the difficulty in establishing new competing health plans in the relevant geographic market, including the ability to offer services requiring a certificate of need or purchasing these services from another health care provider or health provider network; and  (d) the sufficiency of the number or type of providers under contract with the health plan available to meet the needs of plan enrollees.  (B) The department also may establish conditions for approval that are reasonably necessary to ensure that the cooperative agreement and the activities engaged under it are consistent with this article and its purpose to promote cooperation and limit health care costs, protect against abuse of private economic power, and to ensure that the activity is appropriately supervised and regulated by the State.  HISTORY: 1994 Act No. 437, Section 1.
 (A) The department shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department shall charge an annual fee to cover the cost of monitoring and regulating these agreements, including certificates of public advantage. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement must be filed with the department every two years so that the department shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department may revoke a certificate upon a finding that:  (1) the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or  (2) the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement; or  (3) the department's certification was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats, or intimidation toward any party to the cooperative agreement.  (B) A decision by the department to revoke a certificate of public advantage is entitled to judicial review in accordance with the Administrative Procedures Act.  (C) Nothing in this article limits the authority of the Attorney General to initiate civil enforcement action or criminal prosecution upon the determination that health care providers, health provider networks, or health care purchasers have exceeded the scope of the certificate of public advantage approved by the department. A review by the Attorney General must be conducted according to the standards set forth in this article.  (D) The department shall promulgate regulations to implement the provisions of this article including any fees and application costs associated with the monitoring and oversight of cooperative agreements approved under this article.  HISTORY: 1994 Act No. 437, Section 1; 2008 Act No. 353, Section 2, Pt 5.B, eff July 1, 2009.
 The department shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect. A dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by normal principles of contract or other applicable law. A party to a cooperative agreement who terminates the agreement shall notify the department within fifteen days of the termination. If all parties terminate their participation in the cooperative agreement, the department shall revoke the certificate of public advantage for the agreement.  HISTORY: 1994 Act No. 437, Section 1.
 Nothing in this article exempts health care providers or purchasers from compliance with the provisions of Article 3 of this chapter concerning certificates of need.  HISTORY: 1994 Act No. 437, Section 1.
 Notwithstanding any other provision of law, the governing board of any nonprofit public hospital in this State with the approval of the governing body of the county wherein such hospital is located which has borrowed money may continue to borrow money in the name of the hospital for general hospital purposes. "Borrowing money" as used herein shall include the authority to make notes or other evidences of debt and to secure payment thereof by placing a mortgage on any or all of its property, both real and personal.  HISTORY: 1978 Act No. 558.
 A petition may be presented to the legislative delegation of any county in this State, signed by two hundred residents or freeholders of such county or two thirds of the freeholders of any township, city or town, requesting the establishment and maintenance of a public hospital or tuberculosis camp in such county, township, city or town and specifying the maximum amount of money proposed to be expended in purchasing or building such hospital or tuberculosis camp.  HISTORY: 1962 Code Section 32-801; 1952 Code Section 32-801; 1942 Code Section 5136; 1932 Code Section 5136; 1925 (34) 239.
 Upon the filing of such petition, the county legislative delegation shall submit the question to the qualified electors of the county, township, city or town at a special election called for that purpose, first giving ninety days' notice thereof in one or more newspapers published in the county, township, city or town, if any be published therein, and by posting such notice, written or printed, in each township of the county in case of a county hospital or tuberculosis camp, or at three conspicuous places in the township, city or town in case of a township, city or town hospital or tuberculosis camp. Such election shall be held at the usual places in such county, township, city or town as provided for other elections, and the votes shall be canvassed in the same manner as in any election for officers for such county, township, city or town.  HISTORY: 1962 Code Section 32-802; 1952 Code Section 32-802; 1942 Code Section 5137; 1932 Code Section 5137; 1925 (34) 239.
 The said legislative delegation shall file with the governing body of the county, if the election was for a county or township hospital or tuberculosis camp, or with the town council if the election was for a city or town hospital or tuberculosis camp, a detailed statement of the votes cast for the hospital or tuberculosis camp and, if a majority of the qualified voters at such election shall be in favor of building and maintaining such hospital or tuberculosis camp, the amount of bonds to be issued, and in such case such governing body or town council shall issue bonds of the county, township, city or town in the aggregate principal amount not to exceed the amount required for the purpose of building such hospital as voted for by the freeholders.  HISTORY: 1962 Code Section 32-803; 1952 Code Section 32-803; 1942 Code Sections 5137, 5138; 1932 Code Sections 5137, 5138; 1925 (34) 239.
 Such bonds shall be issued and sold from time to time after their date to the highest bidder for cash at not less than par and in such denominations as the officials shall determine. They shall bear interest at a rate not exceeding five per cent per annum, payable semiannually, and to each bond shall be attached coupons for the semiannual interest from date to maturity. Such bonds shall be signed by the chairman of the governing body of the county or mayor of any town or city, and the lithographed signature shall be a sufficient signing of the coupons on the bonds.  HISTORY: 1962 Code Section 32-804; 1952 Code Section 32-804; 1942 Code Section 5139; 1932 Code Section 5139; 1925 (34) 239.
 The proceeds of the sale of such bonds shall be placed in the county, city, town or township treasury and shall be kept by the treasurer of such office and paid out upon the orders of the governing body of the county or the city or town council for the purposes herein mentioned.  HISTORY: 1962 Code Section 32-805; 1952 Code Section 32-805; 1942 Code Section 5140; 1932 Code Section 5140; 1925 (34) 239.
 In order to meet the principal and interest of such bonds as they mature, the auditor of the county or the clerk of the council of any town or city shall annually levy upon all of the property of such county, township, city or town taxes not exceeding two mills and for a period of time not exceeding twenty years, the proceeds from such levy to be paid out by the proper officers for the retirement of the principal and interest on any bonds sold.  HISTORY: 1962 Code Section 32-806; 1952 Code Section 32-806; 1942 Code Section 5141; 1932 Code Section 5141; 1925 (34) 239.
 Should the majority of the qualified electors voting upon the question be in favor of such county, township, city or town hospital or tuberculosis camp, the county legislative delegation of such county shall proceed to appoint not more than seven nor less than three trustees to be chosen from citizens at large with reference to their fitness for such office, part of whom may be women, and all residents of the county, township, city or town, who shall constitute the trustees for such hospital or tuberculosis camp. The trustees shall hold their offices for two years or until their successors shall be appointed. Provided, that in Allendale County there may be appointed not more than nine trustees.  HISTORY: 1962 Code Section 32-807; 1952 Code Section 32-807; 1942 Code Section 5142; 1932 Code Section 5142; 1925 (34) 239; 1967 (55) 382.
 The trustees shall within ten days after their appointment qualify by taking the oath required of other officers of the State and organize as a board of hospital trustees by the election of one of their number as chairman and one as secretary and by the election of such other officers as they may deem necessary. But no bonds shall be required of them.  HISTORY: 1962 Code Section 32-809; 1952 Code Section 32-809; 1942 Code Section 5143; 1932 Code Section 5143; 1925 (34) 239.
 The treasurer of the county, township, city or town in which the hospital or tuberculosis camp is located shall be the treasurer of the board of trustees. He shall receive and pay out all moneys under the control of the board as directed by it.  HISTORY: 1962 Code Section 32-810; 1952 Code Section 32-810; 1942 Code Section 5143; 1932 Code Section 5143; 1925 (34) 239.
 (A) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of:  (1) a nondisciplinary resignation by the physician; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the physician's privileges must be reported;  (2) a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the physician's privileges to practice there;  (3) a disciplinary action resulting from the physician's failure to meet recordkeeping standards;  (4) a disciplinary action resulting from the physician's failure to attend meetings; or  (5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.  (B) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners and to the Board of Podiatry Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a podiatrist's privileges to practice in that health care facility. This report is not required in the case of:  (1) a nondisciplinary resignation by the podiatrist; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the podiatrist's privileges must be reported;  (2) a minor disciplinary action regarding the podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the podiatrist's privileges to practice there;  (3) a disciplinary action resulting from the podiatrist's failure to meet recordkeeping standards;  (4) a disciplinary action resulting from the podiatrist's failure to attend meetings; or  (5) other disciplinary actions as defined by regulation promulgated by the Board of Podiatry Examiners.  (C) A person making a report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice.  HISTORY: 1986 Act No. 317; 1996 Act No. 241, Section 9.
 The treasurer shall receive no compensation for his services, and no trustee shall receive compensation for his services, but he may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee.  HISTORY: 1962 Code Section 32-811; 1952 Code Section 32-811; 1942 Code Section 5143; 1932 Code Section 5143; 1925 (34) 239.
 The board of trustees shall hold meetings at least once each month and shall keep a complete record of all proceedings.  HISTORY: 1962 Code Section 32-812; 1952 Code Section 32-812; 1942 Code Section 5144; 1932 Code Section 5144; 1925 (34) 239.
 The board of trustees when so organized shall adopt and promulgate such rules, regulations and bylaws for the government of the hospital or tuberculosis camp as may be deemed expedient for the economic and equitable conduct thereof. It shall have control of the expenditure of all moneys collected to the credit of the hospital or tuberculosis camp, the construction of any building or buildings and the care of the grounds, rooms and buildings purchased. It may also appoint a superintendent, an assistant superintendent and a matron, fix their compensation and do all things necessary to carry out the establishment and maintenance of the hospital or tuberculosis camp.  HISTORY: 1962 Code Section 32-813; 1952 Code Section 32-813; 1942 Code Section 5144; 1932 Code Section 5144; 1925 (34) 239.
 No hospital building shall be erected or constructed until plans and specifications have been made therefor and adopted by the board of hospital trustees and bids advertised for according to the law and custom in regard to other county buildings.  HISTORY: 1962 Code Section 32-814; 1952 Code Section 32-814; 1942 Code Section 5144; 1932 Code Section 5144; 1925 (34) 239.
 The jurisdiction of the city or town in or near which a public hospital or tuberculosis camp is located shall extend over all land used for hospital or tuberculosis camp purposes outside the corporate limits, and all ordinances of such city or town shall be in full force and effect in and over the territory occupied by such public hospital or tuberculosis camp.  HISTORY: 1962 Code Section 32-815; 1952 Code Section 32-815; 1942 Code Section 5147; 1932 Code Section 5147; 1925 (34) 239.
 Every hospital established under the provisions of this article shall be for the benefit of the inhabitants of such county, township, city or town and any persons falling sick or being injured or maimed within its limits. In order to render the hospital or tuberculosis camp of the greatest use to the greatest number, the board may exclude from the use of such hospital or tuberculosis camp any person who shall wilfully violate the rules and regulations made by the board of trustees. And the board may extend the privileges and use of such hospital to persons residing outside of such county, township, city or town upon such terms and conditions as may be prescribed from time to time by its rules and regulations.  HISTORY: 1962 Code Section 32-816; 1952 Code Section 32-816; 1942 Code Sections 5146, 5147; 1932 Code Sections 5146, 5147; 1925 (34) 239.
 Every person who is financially able shall pay to the board of hospital trustees or such officers as it shall designate for such county or public hospital or tuberculosis camp such reasonable compensation as he is able to pay for occupying a bed in such hospital or camp or being nursed, cared for or maintained therein according to the rules and regulations of the board.  HISTORY: 1962 Code Section 32-817; 1952 Code Section 32-817; 1942 Code Section 5146; 1932 Code Section 5146; 1925 (34) 239.
 The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 63-17-60(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents.  HISTORY: 1994 Act No. 481, Section 11; 1994 Act No. 513, Section 4; 1995 Act No. 102, Part VI, Section 7; 1997 Act No. 71, Section 8; 1999 Act No. 100, Part II, Section 105.
 In the management of such hospital or tuberculosis camp no discrimination shall be made against any practitioner of any school of medicine recognized by the laws of this State, and all such legal practitioners shall have the privilege of treating patients in such hospital or tuberculosis camp.  HISTORY: 1962 Code Section 32-818; 1952 Code Section 32-818; 1942 Code Section 5147; 1932 Code Section 5147; 1925 (34) 239.
 Notwithstanding any other provision of law, an entity that operates a health care facility as defined in Section 44-7-130(10) may develop and operate facilities, programs, and services in any location where such facilities, programs, or services support the entity or provide services to residents in the area, provided all other statutory and regulatory requirements are met, including the State Certification of Need and Health Facility Licensure Act, Article 3, Chapter 7, Title 44 and related regulations promulgated by the department.  HISTORY: 2000 Act No. 387, Part II, Section 48B.
 Any person desiring to make donations of money, personal property or real estate for the benefit of any such hospital or tuberculosis camp may vest title to the property so donated in any county, township, city or town, to be controlled when accepted by the board of hospital trustees according to the terms of the deed.  HISTORY: 1962 Code Section 32-820; 1952 Code Section 32-820; 1942 Code Section 5145; 1932 Code Section 5145; 1925 (34) 239.
 For the purposes of this article:  (1) "Nursing home" means a facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours, which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing intermediate or skilled nursing care for persons who are not in need of hospital care. Rehabilitative therapies may be provided on an outpatient basis.  (2) "Medicaid nursing home permit" means a permit to serve Medicaid patients in an appropriately certified nursing home.  (3) "Medicaid patient" means a person who is eligible for Medicaid (Title XIX) sponsored long-term care services.  (4) "Medicaid patient day" means a day of nursing home care for which a nursing home receives Medicaid reimbursement.  (5) "Medicaid permit day" means a day of service provided to a Medicaid patient in a Medicaid-certified nursing home which holds a Medicaid days permit.  (6) "Department" means the Department of Health and Environmental Control.  HISTORY: 1987 Act No. 184 Section 1; 2014 Act No. 152 (H.3978), Section 1, eff April 7, 2014.
 No nursing home may provide care to Medicaid patients without first obtaining a permit in the manner provided in this article.  HISTORY: 1987 Act No. 184 Section 1; 2014 Act No. 152 (H.3978), Section 1, eff April 7, 2014.
 (A) In the annual appropriations act, the General Assembly shall establish the maximum number of Medicaid patient days for which the department is authorized to issue Medicaid nursing home permits. The State Department of Health and Human Services shall provide the number of Medicaid patient days available to the department within thirty days after the effective date of the annual appropriations act.  (B) Based on a method the department develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department shall determine the distribution of Medicaid patient days for which Medicaid nursing home permits can be issued. Nursing homes holding a Medicaid nursing home permit must be allocated Medicaid days based on their current allocation and available funds. Requests for days must be submitted to the department no later than June fifteenth each year. The department shall issue permits to the facilities by August first of each year. The application must state the specific number of Medicaid patient days the nursing home will provide. If a nursing home requests fewer days than the previous year, or is permitted fewer days, those days first must be offered to the facilities within the same county currently holding a Medicaid nursing home permit. However, if Medicaid patient days remain available after being offered to those nursing homes currently holding a Medicaid patient days permit in that county, then existing nursing homes with a restricted Certificate of Need, within the same county, may apply for a Medicaid nursing home permit to receive the Medicaid permit days remaining available. Following the initial allocation of Medicaid patient days, any additional Medicaid permit days must be credited to a statewide pool and the days must be allocated to those counties showing the greatest need based on the average number of fully eligible Medicaid nursing facility applicants by county in the Community Long Term Care awaiting placement reports for the past twelve months. The Department of Health and Human Services shall provide this information to the department no later than July fifteenth of each year. The Medicaid permit days must be proportionately allocated to each facility within the county that currently holds a Medicaid permit and is currently in compliance with its Medicaid permit. A facility is deemed to be in compliance for allocation of these additional Medicaid permit days if it has not exceeded its stated Medicaid permit by more than seven percent. In addition, a nursing home that provides less than ninety percent of the stated Medicaid permit in any fiscal year may not apply for additional Medicaid permit days in the next fiscal year. If a nursing home fails to provide ninety percent of the stated Medicaid permit days for two consecutive fiscal years, the department may issue a Medicaid nursing home permit for fewer days than requested in order to ensure that the nursing home will serve the minimum number of Medicaid patients and that the State will optimize the available Medicaid days. If a nursing home has its Medicaid patient days reduced, the freed days first must be offered to other facilities in the same county before being offered to other nursing homes in the State. The department shall analyze the performance of nursing homes that are under the permit minimum or exceed the permit maximum for a fiscal year, including utilization data from the State Department of Health and Human Services, anticipated back days, delayed payments, CLTC waiting list, and other factors considered significant by the department. A nursing home which terminates its Medicaid contract must not be penalized for not meeting the requirements of this section if the nursing home was in compliance with its permit at the time of the cancellation. Facilities designated as Special Focus Facilities may not be issued additional Medicaid permit days while they remain on the Special Focus list.  (C) If the Department of Health and Human Services or the General Assembly decreases the number of Medicaid patient days available to the department, the department shall proportionately decrease the authorized Medicaid patient days for each nursing home. If additional Medicaid patient days are authorized in the following year, they must be restored proportionately to each nursing home in accordance with subsection (B).  HISTORY: 1987 Act No. 184 Section 1; 1990 Act No. 612, Part II, Section 45; 1991 Act No. 171, Part II, Section 7; 1992 Act No. 501, Part II Section 53A; 1995 Act No. 145, Part II, Section 73A; 2014 Act No. 152 (H.3978), Section 1, eff April 7, 2014.
 Nursing home patients may not be involuntarily discharged or transferred due to the Medicaid status. If no Medicaid patients are waiting for admission to the nursing home, or if for some other reason a nursing home anticipates the possibility that the home cannot satisfy the Medicaid nursing home permit requirements, the home may request a waiver of the Medicaid permit requirements from the department.  HISTORY: 1987 Act No. 184 Section 1; 2014 Act No. 152 (H.3978), Section 1, eff April 7, 2014.
 (A) Based on reports from the State Department of Health and Human Services, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:  (1) a nursing home exceeding by more than five percent the number of Medicaid patient days stated in its permit;  (2) the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit.  (B) A nursing home which exceeds its Medicaid patient days stated in its permit may be fined on the number of Medicaid patient days exceeding the permit days multiplied by its daily Medicaid per diem. Medicaid permit days provided to Complex Care residents, as certified by the Department of Health and Human Services, must not be counted against the facility's Medicaid permit for the first six months of their care. Any complex care provided after six months must be counted toward the facility's Medicaid patient days under the permit days times their daily Medicaid per diem rate less the statewide average patient per diem recurring income times thirty percent. Complex Care reimbursement must not be used in the fine calculation. A facility may be fined incrementally for exceeding its Medicaid permit. Violations above five and up to ten percent of the stated permit may be fined at thirty percent of its Medicaid per diem rate less the statewide average patient per diem recurring income times the number of excess Medicaid permit days. A facility may be fined fifty percent of its Medicaid per diem rate less the statewide average patient per diem recurring income for each day above ten and up to fifteen percent of its Medicaid permit. A facility may be fined seventy percent of its Medicaid per diem rate less the statewide average patient per diem recurring income for each day in excess of fifteen percent of its stated Medicaid permit. A facility may appeal to the department any fine for days over its permit based on the facility's inability to discharge a resident based on the requirements of Section 44-7-88 if the facility can prove:  (1) the resident's primary pay source upon admission was not Medicaid;  (2) the resident did not convert to Medicaid within twenty days of being admitted as a Medicare or Medicaid replacement policy resident; and  (3) the resident did not convert to Medicaid within thirty days of being admitted as a private pay resident.  (C) In the event of a voluntary or involuntary discontinuation of participation of a nursing facility in the Medicaid program, the State must ensure that the facility provides for patient safety and freedom of choice. The Department of Health and Environmental Control and the Department of Health and Human Services must determine the availability of existing patient days statewide for the purpose of relocating these patients. Based upon this determination, the department, at its discretion, may reallocate the patient days from a facility discontinuing its Medicaid participation to a facility that participates in the Medicaid program and agrees to accept the residents from the facility that is discontinuing Medicaid participation. The Medicaid permit day shall permanently remain with the facility accepting the resident. In the allocation of patient days from the facility discontinuing Medicaid participation, the department must give first priority to restoring a county's allocation where a facility holding a permit closes, or discontinues participation in Medicaid. A nursing home receiving beds under the provisions of this subsection must not be a Special Focus Facility at the time of allocation.  (D) Effective July 1, 2014, all nursing facility providers holding a Medicaid permit must report their daily Medicaid resident census information to the South Carolina Department of Health and Human Services or its contractor for the purpose of maintaining a statewide bed locator and permit day tracking system.  (E) Each Medicaid day above the allowable range is considered a separate violation. A fine assessed against a nursing home must be deducted from the nursing home's Medicaid reimbursement.  HISTORY: 1987 Act No. 184 Section 1; 1995 Act No. 145, Part II, Section 73B; 2014 Act No. 152 (H.3978), Section 1, eff April 7, 2014.
 Any city or town in this State having a population of not less than one thousand inhabitants and not more than five thousand, according to the 1940 census of the United States, may establish, construct, operate and maintain a municipal hospital, either within or without its corporate limits, and issue bonds and levy taxes for that purpose.  HISTORY: 1962 Code Section 32-841; 1952 Code Section 32-841; 1945 (44) 284.
 Before any such city or town may establish and build a hospital under the terms of this article, a petition, signed by a majority of the freeholders of such municipality, shall be presented to the city council, setting forth the purpose thereof and the amount of the bonded indebtedness to be incurred, if any, with the request that the question of the establishment and maintenance of a municipal hospital be submitted to the qualified electors of such municipality, either in a special election called for that purpose or at the time of the regular election of city officials. Upon receipt of such petition, the city council may, by ordinance or resolution setting forth the purposes of the election, the amount of the proposed bonded indebtedness to be incurred, if any, and any other pertinent facts, order an election for that purpose, first giving at least thirty days' notice of such election before the holding thereof, with the question or questions to be submitted, in one or more newspapers published in such city or town, if one be published therein and, if not, then in the newspaper published nearest to such city or town and having general circulation therein, and posting notices of the election in three conspicuous places in such city or town. Such election shall be held at the usual place or places in such city or town according to the law governing municipal elections therein, and the votes shall be canvassed and the results declared in the same manner as in the election of officers for such municipality.  HISTORY: 1962 Code Section 32-842; 1952 Code Section 32-842; 1945 (44) 284.
 If a majority of the qualified voters at such election shall vote in favor of the establishment, construction, operation and maintenance of a municipal hospital, the council of the city or town shall elect a board of trustees of such hospital, consisting of three members, one of whom shall be elected for a term of three years, another for a term of two years and the other for a term of one year. Thereafter each member's successor shall be elected by the council for a term of three years. In the event of a vacancy by death, resignation or change of residence by any trustee from the limits of the city, the council shall immediately elect a trustee to fill the unexpired term.  HISTORY: 1962 Code Section 32-843; 1952 Code Section 32-843; 1945 (44) 284.
 The persons elected trustees of any such municipal hospital shall qualify by taking the oath of office required of other officials of the municipality and shall organize as a board of trustees of such hospital by the election of one of their number as chairman and one as secretary. The trustees of such hospital shall receive no compensation for their services as trustees, but may be reimbursed for any cash expenditures actually made for personal expenses incurred in the fulfillment of their duties of the office.  HISTORY: 1962 Code Section 32-844; 1952 Code Section 32-844; 1945 (44) 284.
 The board of trustees of any such hospital shall meet once each month for the transaction of business and oftener if necessary. It shall keep a complete record of all contracts, rules and regulations and of all proceedings of the board and also a record of all moneys received and all expenditures and disbursements made and shall file a copy of such records at the end of every month with the city clerk for review and approval by the city council.  HISTORY: 1962 Code Section 32-845; 1952 Code Section 32-845; 1945 (44) 284.
 The treasurer of the city or town in which the hospital is to be established shall serve as the treasurer of the hospital board of trustees, in addition to his regular duties, without additional compensation to himself unless the governing body of such city or town shall provide for and pay additional compensation. He shall receive and be responsible for all funds of the hospital delivered to him, and he shall pay out such funds as directed by the hospital board of trustees.  HISTORY: 1962 Code Section 32-846; 1952 Code Section 32-846; 1945 (44) 284.
 If a majority of the qualified voters in the election held for the establishment of a hospital shall also vote for the issuance of bonds in a designated sum recited in the petition calling for an election and in the notices of such election and stated on the ballots, for the purposes of purchasing the required real estate and constructing and equipping the hospital building or buildings, the city or town council may proceed to issue and sell municipal coupon bonds, in the name of the municipality, in a sum not exceeding that voted for in the election.  HISTORY: 1962 Code Section 32-847; 1952 Code Section 32-847; 1945 (44) 284.
 Such bonds shall mature serially over a period not exceeding thirty years from the date of their issue, shall bear interest at a rate not exceeding four per cent per annum, payable annually, shall be payable to bearer within or without the State and shall be in such form and denominations as the city council of such municipality may determine. The said bonds shall be signed by the mayor and the treasurer, and the seal of the issuing municipality shall be impressed thereon, but the coupons attached may be authenticated by only the lithographed or the facsimile signatures of the mayor and treasurer of such municipality. The bonds so executed shall be valid notwithstanding any change in officials occurring before delivery thereof.  HISTORY: 1962 Code Section 32-848; 1952 Code Section 32-848; 1945 (44) 284.
 Such bonds shall be sold for not less than par and accrued interest, upon sealed bids, after notice of such sale by publication in some newspaper published in the city or town or having general circulation therein for at least fifteen days prior thereto. The award shall be given to the bidder offering the most advantageous terms for the purchase of such bonds, but the city or town council may reject any and all bids and reoffer the bonds for sale.  HISTORY: 1962 Code Section 32-849; 1952 Code Section 32-849; 1945 (44) 284.
 This chapter may be cited as the "Licensure of In-Home Care Providers Act".  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
 As used in this chapter:  (1) "Department" means the South Carolina Department of Health and Environmental Control.  (2) "In-home care" means care:  (a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;  (b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and  (c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel.  (3) "In-home care provider" means a business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. An in-home care provider does not include:  (a) a home health agency or hospice or an entity licensed pursuant to Section 44-7-260; or  (b) an individual or agency who provides only a house cleaning service; or  (c) a direct care entity defined by Section 44-7-2910 (B)(1)(e), a direct caregiver or caregiver defined by Section 44-7-2910 (B)(2)(e), or an individual who provides a service or services defined by Section 44-21-60;  (d) an individual hired directly by the person receiving care or hired by his family; or  (e) a church or another religious institution recognized as a 501(c)(3) organization by the Internal Revenue Service that provides in-home care services without compensation or for a nominal fee collected to cover incidental expenses directly related to such care.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
 An in-home care provider must apply for and obtain a license issued by the department that is effective for a specified time period following the date of issue as determined by the department.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.  Editor's Note  2011 Act No. 18, Section 3, provides as follows:  "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
 The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:  (1) license application and renewal procedures;  (2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure;  (3) drug testing of licensure applicants;  (4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;  (5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;  (6) criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases;  (7) standards for liability and other appropriate insurance coverage; and  (8) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to Section 44-1-60.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.  Editor's Note  2011 Act No. 18, Section 3, provides as follows:  "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
 A license to operate as an in-home care provider is:  (1) not transferable or assignable; and  (2) subject to suspension or revocation for failure to comply with a provision of this chapter or regulations promulgated by the department.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
 (A) Before becoming licensed as an in-home care provider, a person must undergo a criminal record check as provided for in regulations promulgated by the department pursuant to Section 44-70-40 and submit to a drug test.  (B) Before being employed as an in-home caregiver by a licensed in-home care provider, a person shall undergo a criminal record check as provided for in Section 44-7-2910 and submit to a drug test.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
 A licensed in-home provider and an individual employed as an in-home caregiver by a licensed in-home care provider are subject to random drug testing.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
 Fees collected pursuant to this chapter must be retained by the department and credited to a separate and distinct account to be used exclusively by the department to carry out its responsibilities under this chapter.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.  
 This chapter may be cited as the "Quality Hospice Programs Act".  HISTORY: 1983 Act No. 13 Section 1; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, substituted "Quality Hospice Programs Act" for "Hospice Licensure Act".
 Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.  HISTORY: 1983 Act No. 13 Section 10; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, reenacted the section with no apparent change.
 Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both.  HISTORY: 1983 Act No. 13 Section 11; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, inserted commas after "misdemeanor and" and "upon conviction".  
 As used in this chapter:  (1) "Board" means the South Carolina Board of Health and Environmental Control.  (2) "Department" means the South Carolina Department of Health and Environmental Control.  (3) "Hospice" means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.  Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.  (4) "Hospice facility" means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.  (5) "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility.  (6) "Multiple location" means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. "Multiple location" does not mean a "work station" as defined in item (9).  (7) "Parent hospice" means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6).  (8) "Primary office" means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location.  (9) "Work station" means a site operated within the licensed service area of a hospice solely for the convenience of the staff where they may conduct activities including, but not limited to, completing paperwork, checking messages, or storing equipment. These work stations must not have signage with an address or operating hours, must not be advertised, and must not be open to the public for any reason, such as to distribute supplies or to receive referrals.  HISTORY: 1983 Act No. 13 Section 2; 2000 Act No. 248, Section 4; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, in (3), substituted "program, which provides" for "program. This program must provide"; added (6), relating to the definition of "multiple location"; added (7), relating to the definition of "parent hospice"; added (8), relating to the definition of "primary office"; and added (9), relating to the definition of "work station".
 (A) No person, private or public organization, political subdivision, or other governmental agency may establish, conduct, or maintain a hospice or represent itself as a hospice without first obtaining a license from the department.  (B) A license obtained pursuant to this section is effective for a twelve-month period following the date of issue.  (C) The license must prescribe by county the geographic area authorized to be served. A hospice that wishes to expand its licensed service area to include additional counties shall first obtain approval from the department confirming that, pursuant to Section 44-71-40(C), the hospice has properly filed the application to amend its license to include the additional counties within the prescribed geographic area authorized to be served.  (D) A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.  (E) The department shall publish a current list of all licensed hospices on its website. The information to be published must include, but not be limited to, the licensee's primary office as well as any and all registered multiple locations. In addition, the information also must include a list of all counties served by the licensee's primary office and any and all multiple locations.  HISTORY: 1983 Act No. 13 Section 3; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, rewrote the section, establishing certain licensing requirements.
 (A) A hospice may not establish, operate, or maintain a multiple location or represent itself as such without first registering the multiple location with the department and receiving approval of the registration from the department confirming that, pursuant to Section 44-71-40(B), the hospice has properly filed the application to amend its license to include the multiple location. Upon approval by the department, a multiple location must be listed on the license of the parent hospice.  (B) A registration may be filed at any time and is effective until the expiration of the license of the parent hospice that is in effect at the time of the initial approval of the multiple location. The registration and approval of a multiple location is effective for a period running coterminous with the parent hospice's license, and the registration and approval of a multiple location must be reviewed by the department annually at the time of the parent hospice's license renewal and as a part of that process as prescribed by the department in regulation.  (C) The application for registration of a multiple location must prescribe by county the geographic area authorized to be served. Upon approval of the registration by the department, the license of the parent hospice must be amended to include the multiple location as required in subsection (A) as well as any additional counties within the prescribed geographic area authorized to be served.  (D) A multiple location approval granted pursuant to this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.  HISTORY: 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
 (A) A person, private or public organization, political subdivision, or other governmental agency desiring to obtain a license shall file with the department an application on a form prescribed, prepared, and furnished by the department.  (B) Any hospice desiring to obtain approval for the registration of a multiple location shall file with the department an application on a form prescribed, prepared, and furnished by the department.  (C) Any hospice desiring to expand its licensed service area of its primary office or one or more of its registered multiple locations to include additional counties shall first file with the department an application on a form prescribed, prepared, and furnished by the department.  HISTORY: 1983 Act No. 13 Section 4; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, rewrote the section, providing for expansion of hospice service areas.
 The department is authorized to establish reasonable fees to be used in the administration of the program.  HISTORY: 1983 Act No. 13 Section 5; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, reenacted the section with no apparent change.
 The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices, including hospice facilities, primary offices, and multiple locations, and for the maintenance and operation of hospices, including hospice facilities, primary offices, and multiple locations, which will promote safe and adequate care and treatment of the patients and their families.  HISTORY: 1983 Act No. 13 Section 6; 2000 Act No. 248, Section 5; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, inserted ", including hospice facilities, primary offices, and multiple locations, and" and "primary offices, and multiple locations,".
 Notwithstanding any other provision of law, a hospice facility, primary office, and multiple location must comply with the regulations promulgated by the department pursuant to this chapter and are not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities.  HISTORY: 2000 Act No. 248, Section 1; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, inserted ", primary office, and multiple location" and made a nonsubstantive change.
 (A) The department is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations must include hearing procedures related to denial, suspension, or revocation of licenses.  (B) The department is authorized to deny, suspend, or revoke approvals of multiple locations in accordance with regulations promulgated pursuant to this section when there is evidence or reason to believe that any of the following requirements and conditions are not being met:  (1) the parent hospice is properly licensed, operating in accordance with all South Carolina laws and regulations;  (2) the multiple location will provide the full scope of hospice services in all geographical areas listed on the license;  (3) the multiple location will share administration, supervision, and services with the parent hospice; and  (4) the multiple location will be included in the quality improvement activities of the parent hospice.  (C) The department shall approve a request to expand the service area of a parent hospice to include additional counties only when the additional counties are requested in a properly filed application as required by Section 44-71-40(C).  (D) Regulations pertaining to the denial, suspension, or revocation of approvals must include hearing procedures related to denial, suspension, or revocation of licenses.  HISTORY: 1983 Act No. 13 Section 7; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, inserted the paragraph identifiers, and added (B) to (D), authorizing the department to deny, suspend, or revoke approvals under certain circumstances.
 (A) Each hospice for which a license has been issued must be inspected by an authorized representative of the department at least once a year for the purpose of ensuring that the provisions of this chapter are being followed. For hospices whose licensees include multiple locations, the department shall rotate those inspections among each location.  (B) All hospices shall complete and return a joint annual report to the department and the Revenue and Fiscal Affairs Office on a form prescribed by the department within a time period specified by the department or the Revenue and Fiscal Affairs Office. In the development of this form, the department shall incorporate input from hospice providers to ensure the report captures data on all services that are to be provided by hospices.  HISTORY: 1983 Act No. 13 Section 8; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, inserted the paragraph identifiers; in (A), added the second sentence; and added (B), relating to joint annual reports.
 (A) Upon the death of a patient receiving outpatient services from a hospice, ownership of unused medications related to the care of the patient constituting Schedule II, III, IV, or V controlled substances under 21 C.F.R. Part 1308 shall transfer to the hospice for immediate disposal. Each hospice providing outpatient services shall establish a written procedure to ensure safe disposal of unused controlled substances at the time of a patient's death. Upon the death of a patient receiving outpatient services, in the presence of a witness, the hospice nurse shall record in the medical record the name and quantity of each unused controlled substance. The hospice nurse then shall conduct immediate disposal at the site of care by complying with Environmental Protection Agency and Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a collector registered pursuant to 21 C.F.R Section 1317.40. If conducting immediate disposal at the site of care, the nurse should perform the disposal in the presence of a witness, who shall sign a document indicating their witnessing of the disposal. If participating in immediate mail-back to a registered collector, the hospice nurse shall deposit the unused medications into the mail-back envelope and seal the envelope at the site of outpatient services. Hospice employees must not remove any medications from the site of outpatient services other than to conduct immediate mail-back to a registered collector. The hospice nurse shall record the method of disposal in the medical record.  (B) For the purpose of disposing unused medication constituting a Schedule II, III, IV, or V controlled substance under 21 C.F.R. Part 1308, a hospice facility is a 'long-term care facility' as defined by 21 C.F.R. Section 1300.01. The hospice facility shall dispose of unused Schedule II, III, IV, and V controlled substances in accordance with 21 C.F.R. Sections 1317.30 and 1317.80.  HISTORY: 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
 Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients or potential patients.  HISTORY: 1983 Act No. 13 Section 9; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, substituted "or potential patients" for "of potential patients".
 Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.  HISTORY: 2000 Act No. 248, Section 2; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, reenacted the section with no apparent change.
 This chapter may be cited as the "Medical Radiation Health and Safety Act".  HISTORY: 1999 Act No. 101, Section 1.
 As used in this chapter:  (1) "Board" means the board of the South Carolina Radiation Quality Standards Association.  (2) "Certificate" means a certificate issued by the board or by an entity recognized by the board authorizing the certificate holder to use radioactive materials or equipment emitting ionizing radiation on humans for diagnostic or therapeutic purposes in accordance with the provisions of this chapter.  (3) "Licensed practitioner" means a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy in this State.  (4) "Limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body.  (5) "Limited chest radiographer" means a person who conducts diagnostic radiography exams of the chest only, not to include mammography.  (6) "Nuclear medicine technologist" means a person, other than a licensed practitioner, who prepares and administers radiopharmaceutical agents to humans for diagnostic and therapeutic purposes.  (7) "Podiatric limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body, working under the supervision of a licensed podiatrist.  (8) "Radiation therapist" means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes.  (9) "Radiographer" means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography.  (10) "Radiologic technologist" means a person who is a limited practice radiographer, radiographer, podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association.  (11) "Direct supervision" means a certified radiographer who:  (a) reviews the procedure in relation to the student's achievement;  (b) evaluates the condition of the patient in relation to the student's knowledge;  (c) is present during the conduct of the procedure;  (d) reviews and approves the procedure; and  (e) is present during student performance of any repeat of any unsatisfactory radiograph.  HISTORY: 1999 Act No. 101, Section 1.
 (A) No person, other than a licensed practitioner or a radiologic technologist possessing a certificate from the South Carolina Radiation Quality Standards Association may use ionizing radiation or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes.  (B) No person knowingly may employ or designate as a radiologic technologist a person who does not hold a certificate issued by the South Carolina Radiation Quality Standards Association.  (C) No person holding a certificate issued by the South Carolina Radiation Quality Standards Association may use radioactive substances or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes unless under the direction and supervision of a licensed practitioner and unless so directed by prescription of a licensed practitioner.  (D) No person who is not certified by the South Carolina Radiation Quality Standards Association shall take, use, or exhibit the title of "limited practice radiographer", "podiatric limited practice radiographer", "limited chest radiographer", "radiographer", "radiation therapist", or "nuclear medicine technologist", or any other title, sign, display, or declaration that tends to lead the public to believe that the person is authorized to apply ionizing radiation on humans for diagnostic or therapeutic purposes.  (E) No person, other than a licensed practitioner, may operate any x-ray machinery in the health care setting, including a hospital, a mobile or temporary health care setting, or the office of a person licensed to practice any health care profession pursuant to any chapter of Title 40 of the Code of Laws of South Carolina without possessing a current valid certificate from the South Carolina Radiation Quality Standards Association.  HISTORY: 1999 Act No. 101, Section 1.
 (A) A radiologic technologist who is certified by the American Registry of Radiologic Technologists is deemed to have met the qualifications for certification by the South Carolina Radiation Quality Standards Association and, upon application, must be issued an initial certification without examination.  (B) Nothing in this chapter limits, enlarges, or affects the practice of a licensed practitioner.  (C) A resident physician or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, radiologic technology, or a curriculum approved by the South Carolina Radiation Quality Standards Association who applies ionizing radiation to humans while under the supervision of a licensed practitioner or direct supervision of a certified radiologic technologist appropriately trained to supervise the specific procedure is not required to be certified under this chapter.  HISTORY: 1999 Act No. 101, Section 1.
 (A) Any person employing or allowing a person to operate x-ray machinery without possessing a certificate must be reported to the South Carolina Department of Health and Environmental Control. The South Carolina Department of Health and Environmental Control must take appropriate action against the registrant of the x-ray machinery pursuant to regulations of the South Carolina Department of Health and Environmental Control. Reports of violations can be made to the South Carolina Department of Health and Environmental Control by members of the public, licensed health care professionals, hospitals, or the South Carolina Radiation Quality Standards Association. The South Carolina Department of Health and Environmental Control must act on these complaints within ninety days. A current copy of the operators' certificate must be reviewed by the South Carolina Department of Health and Environmental Control at the time of inspection. The registrant of the equipment must display the current operators' certificates in public view.  (B) Dentists and their auxiliaries who meet the requirements of the South Carolina Dental Practice Act are exempt from the provisions of this act.  HISTORY: 1999 Act No. 101, Section 1.
 (A) The South Carolina Radiation Quality Standards Association must be registered with the South Carolina Secretary of State's Office as a nonprofit corporation and recognized as a tax exempt organization under Section 501(C) of the federal Internal Revenue Code.  (B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated, who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a nonvoting representative from the South Carolina Department of Health and Environmental Control, ex officio, and from the Radiological Health Branch.  (C) The members of the board shall be appointees from the above listed trade associations and the members of the board shall serve for a term to be established by the board. The members of the board shall serve without compensation. However, the board may establish rates for mileage, subsistence, and per diem to be paid to board members not to exceed the usual payments for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.  (D) The board is authorized to:  (1) establish certification qualifications for each category of radiological technologist;  (2) conduct certification examinations;  (3) certify qualified radiological technologists;  (4) establish and collect fees necessary to conduct certification examinations and administer the board; and  (5) establish continuing education requirements and terms of re-certification.  HISTORY: 1999 Act No. 101, Section 1.  
 This chapter may be cited as "The Athletic Trainers' Act of South Carolina".  HISTORY: 1984 Act No. 441, Section 1.
 For purposes of this chapter, a person is engaged as an athletic trainer if the person is employed on a salary or contractual basis by an educational institution, a hospital, a rehabilitation clinic, a physician's office, an industry, a performing arts group, a professional athletic organization, the military, a governmental agency, or other bona fide organization which employs or serves a physically active population and performs the duties of athletic trainer as a major responsibility of this employment.  HISTORY: 1984 Act No. 441, Section 10; 1992 Act No. 330, Section 3; 2019 Act No. 61 (H.3621), Section 3, eff May 16, 2019.  Effect of Amendment  2019 Act No. 61, Section 3, substituted "a rehabilitation clinic, a physician's office, an industry, a performing arts group, a professional athletic organization, the military, a governmental agency, or other bona fide organization which employs or serves a physically active population" for "rehabilitation clinic, professional athletic organization, or other bona fide athletic organization".
 Nothing in this chapter may be construed to require school districts to hire certified athletic trainers.  HISTORY: 1984 Act No. 441, Section 11.
 The department is authorized to suspend, deny, or revoke an athletic trainer's certificate, and impose a civil monetary penalty, against any person for a violation of a regulation promulgated pursuant to this chapter. Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than twenty-five nor more than two hundred dollars.  HISTORY: 1984 Act No. 441 Section 12; 2019 Act No. 61 (H.3621), Section 4, eff May 16, 2019.  Effect of Amendment  2019 Act No. 61, Section 4, inserted the first sentence, and made nonsubstantive changes in the second sentence.  
 As used in this chapter:  (a) "Athletic trainer" means an allied health professional with specific qualifications as set forth in Section 44-75-50 who, upon the advice and consent of a licensed physician, carries out the practice of care, prevention, and physical rehabilitation of athletic injuries, and who, in carrying out these functions, may use physical modalities, including, but not limited to, heat, light, sound, cold, electricity, or mechanical devices related to rehabilitation and treatment.  (b) "Certificate" means official acknowledgment by the department that an individual has successfully completed educational and other requirements referred to in this act which entitle that individual to perform the functions and duties of an athletic trainer.  (c) "Department" means the Department of Health and Environmental Control.  (d) "Board" means the Board of Health and Environmental Control.  HISTORY: 1984 Act No. 441, Section 2; 1992 Act No. 330, Section 1; 2019 Act No. 61 (H.3621), Section 1, eff May 16, 2019.  Effect of Amendment  2019 Act No. 61, Section 1, in (a), substituted "means an allied health professional" for "means a person".
 (a) The department, with the advice of the Athletic Trainers' Advisory Committee, must develop standards and prescribe regulations for the improvement of athletic training services in the State. All administrative responsibility for this program is vested in the department.  (b) An Athletic Trainers' Advisory Committee is created consisting of nine members appointed by the board. Two members must be from the department, one must be from the State Board of Medical Examiners, four must be certified athletic trainers, and two must be from the general public who are not certified or licensed in any health care field and are not connected in any way with athletic trainers.  Membership on the committee is by appointment by the board. The terms of the members are for four years or until successors are appointed except that of those first appointed four are appointed to a term of two years.  The committee must meet at least once each year to review the standards and regulations for improving athletic training services and make recommendations to the department.  HISTORY: 1984 Act No. 441, Section 3; 1990 Act No. 522, Section 2.
 (a) No person may hold himself out as an athletic trainer or perform, for compensation, any activities of an athletic trainer as defined in Section 44-75-20 without obtaining certification.  (b) Any person desiring certification as an athletic trainer must apply to the department. The department must make a determination of the applicant's qualifications and issue the appropriate certificate to the applicant.  (c) A certificate so issued is valid for a period not to exceed two years from the date of issuance and may be renewed subject to any requirements of this chapter.  (d) The department must suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department or has failed to provide athletic training services of a quality acceptable by the department.  (e) Any person whose application is denied, suspended, or revoked is entitled to a hearing before the board if he submits a written request to the board. Proceedings for denial, revocation, or suspension of a certificate must be conducted consistent with Act 176 of 1977 (Administrative Procedures Act).  HISTORY: 1984 Act No. 441, Section 4.
 An applicant for an athletic trainer certification must pass the Board of Certification, Inc., (BOC) examination and have met the athletic training curriculum requirements of a college or university and give proof by means of a certified transcript.  HISTORY: 1984 Act No. 441, Section 5; 1992 Act No. 330, Section 2; 2006 Act No. 356, Section 1, eff June 9, 2006; 2019 Act No. 61 (H.3621), Section 2, eff May 16, 2019.  Effect of Amendment  2019 Act No. 61, Section 2, substituted "Board of Certification, Inc., (BOC)" for "National Athletic Trainers' Association Board of Certification, Inc., (BOC)".
 A certificate may be issued to any qualified athletic trainer holding certification in any other state if such other state recognizes the certificate of this State in the same manner.  HISTORY: 1984 Act No. 441, Section 6.
 The department may levy fees in an amount sufficient to administer the requirements of this chapter.  HISTORY: 1984 Act No. 441, Section 7.
 Nothing in this chapter prevents:  (a) Licensed, registered, or certified professionals such as physicians, nurses, physical therapists, and chiropractors from practicing their professions if they do not hold themselves out to the public by any title or description as being athletic trainers.  (b) A person from rendering services that are the same as or similar to those within the scope of practice provided for in this chapter so long as he is otherwise now employed or employed in the future as a faculty or staff member at the school in question and does not represent himself to be an athletic trainer.  (c) The continued employment of persons employed on the effective date of this chapter by the State Department of Education, local boards of education, or private secondary or elementary schools for the treatment of injuries received by students participating in school sports activities.  (d) Any person from serving as a student-trainer or in any similar position if service is carried out under the supervision of a physician or certified athletic trainer.  HISTORY: 1984 Act No. 441, Section 8.
 Any person actively engaged as an athletic trainer on the effective date of this chapter must be issued a certificate if he submits proof of two years' experience as an athletic trainer within the preceding five-year period, is approved by the department, and pays any required fee.  HISTORY: 1984 Act No. 441, Section 9.
 This act may be cited as the "South Carolina Automated External Defibrillator Act".  HISTORY: 1999 Act No. 34, Section 1.
 For purposes of this chapter:  (1) "Automated external defibrillator" or "AED" means an automated external defibrillator which is a medical device heart monitor and defibrillator that:  (a) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration;  (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and  (c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.  (2) "Health care professional" means a licensed physician, surgeon, physician's assistant, nurse practitioner, or nurse.  (3) "Designated AED user" means a person identified by the person or entity acquiring an AED who has received training in the use of an AED pursuant to this chapter.  HISTORY: 1999 Act No. 34, Section 1.
 A person or entity that acquires an AED shall:  (1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations;  (2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;  (3) employ or obtain a health care professional to serve as its AED liaison;  (4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;  (5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and  (6) report any clinical use of the AED to the AED liaison.  HISTORY: 1999 Act No. 34, Section 1; 2008 Act No. 206, Section 3, eff May 14, 2008.
 (1) Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the application of an AED unless the person was grossly negligent in the application.  (2) Any designated AED users meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent.  (3) A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the application of an AED by any person or entity described in items (1) or (2) of this section.  (4) A prescribing physician shall be immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent.  (5) Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of an automated external defibrillator is immune from civil liability for providing this training for use if the:  (a) person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);  (b) person providing the training is authorized to deliver that course or curriculum; and  (c) training delivery was not grossly negligent.  HISTORY: 1999 Act No. 34, Section 1; 2008 Act No. 206, Section 1, eff May 14, 2008.
 The provisions of this chapter do not apply to emergency medical services, a physician's office, or a health care facility as defined in Section 44-7-130(10).  HISTORY: 1999 Act No. 34, Section 1.  
 This chapter may be cited as the Death With Dignity Act.  HISTORY: 1986 Act No. 341, Section 1; 1988 Act No. 586.
 A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration. If a nurse or other employee of a health care facility informs the physician or health care facility that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures from a declarant, the physician or health care facility shall make a reasonable effort to effectuate the declaration without the participation of the employee.  HISTORY: 1986 Act No. 341, Section 8; 1988 Act No. 586; 1991 Act No. 149, Section 10.
 The execution and consummation of declarations made in accordance with Sections 44-77-40 and 44-77-50 do not constitute suicide for any purpose.  HISTORY: 1986 Act No. 341, Section 9; 1988 Act No. 586.
 No person may be required to sign a declaration in accordance with Sections 44-77-40 and 44-77-50 as a condition for becoming insured under any insurance contract or for receiving any medical treatment or as a condition of being admitted to a hospital or nursing home facility.  HISTORY: 1986 Act No. 341, Section 10; 1988 Act No. 586.
 Nothing in this chapter may be construed to authorize or approve mercy killing, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.  HISTORY: 1986 Act No. 341, Section 11; 1988 Act No. 586.
 The absence of a declaration by an adult patient does not give rise to a presumption as to his intent to consent to or refuse life-sustaining procedures. This chapter applies only to persons who have executed a declaration in accordance with this chapter. Nothing in this chapter impairs any other legal right or legal responsibility which a person may have to effect the withholding or withdrawal or the provision of life-sustaining procedures in any lawful manner.  HISTORY: 1986 Act No. 341, Section 12; 1988 Act No. 586; 1991 Act No. 149, Section 11; 1997 Act No. 23, Section 1.
 (A) If any person coerces or fraudulently induces another person to execute a declaration under this chapter, falsifies or forges a declaration, or wilfully conceals, cancels, obliterates, or destroys a revocation of a declaration, and the declarant dies as a result of the withdrawal of treatment or nontreatment in reliance on the declaration, that person is subject to prosecution in accordance with the criminal laws of this State.  (B) Nothing in this chapter prohibits any person from informing another person of the existence of this chapter, delivering to another person a copy of this chapter or a form of declaration, or counseling another person in good faith concerning the execution of a declaration.  (C) If any person wilfully conceals, cancels, defaces, obliterates, or damages the declaration of another without the declarant's consent or falsifies or forges a revocation of the declaration of another, that person breaches a duty owed to the declarant and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act.  HISTORY: 1986 Act No. 341, Section 14; 1988 Act No. 586.  
 As used in this chapter:  (1) "Declarant" means a person who has signed a declaration in accordance with Sections 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40.  (2) "Life-sustaining procedures" means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The declarant shall indicate in the declaration whether the provision of nutrition and hydration through medically or surgically implanted tubes is to be treated as a life-sustaining procedure. Pursuant to a lawfully executed declaration if the declarant fails to give instructions by initialing the appropriate statements concerning nutrition and hydration, nutrition and hydration necessary for comfort care or alleviation of pain will be provided.  (3) "Physician" means a person licensed to practice medicine.  (4) "Terminal condition" means an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life-sustaining procedures are not used.  (5) "Active treatment" means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication.  (6) "Person" means an individual, partnership, committee, association, corporation, hospital, or other organization or group.  (7) "Permanent unconsciousness" means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.  HISTORY: 1986 Act No. 341, Section 2; 1988 Act No. 586; 1991 Act No. 149, Section 2.
 If a person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50, whether executed before or after an amendment is made to the form, and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40, and the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician. A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least ninety consecutive days, or at any time if the declarant has experienced massive destruction or atrophy of the cortex as evidenced by neurodiagnostic studies or gross inspection of the brain, or some other characteristic of the declarant's condition allows a diagnosis of permanent unconsciousness to be made with a high degree of medical certainty.  All patients with life-threatening conditions that are diagnosed as terminal or in a state of permanent unconsciousness must be administered active treatment for at least six hours following the diagnosis before the physician may give effect to a declaration.  HISTORY: 1986 Act No. 341, Section 3; 1988 Act No. 586; 1991 Act No. 149, Section 3.
 A declaration is valid:  (1) which expresses substantially in the form set forth in Section 44-77-50 a desire of the declarant that no life-sustaining procedures be used to prolong dying if his condition is terminal or if he is permanently unconscious and states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life-sustaining procedures;  (2) which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses, one of whom may be the officer authorized to administer oaths, who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, not directly financially responsible for the person's medical care, not entitled to a portion of the estate of the declarant upon his decease under a will of the declarant then existing or as an heir by intestate succession, and not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or a person who has a claim against a portion of the estate of the declarant upon his decease at the time of the execution of the declaration;  (3) which, if the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section. The intent of this item is to recognize that some residents in nursing care facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a declaration; and  (4) which accompanying affidavit has been subscribed by the two witnesses and sworn to by at least one of the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs. A witness to a declaration who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness of the declaration in the manner provided by Section 44-77-50.  HISTORY: 1986 Act No. 341, Section 4; 1988 Act No. 586; 1991 Act No. 149, Section 4.
 The declaration must be substantially in the following form with the procedure and requirements for revocation of the declaration appearing either in boldface print or in all upper case letters, the characters in either case being of at least the same size as used in the rest of the declaration:  STATE OF SOUTH CAROLINA DECLARATION COUNTY OF ________ OF A DESIRE FOR A NATURAL DEATH   I, __________, Declarant, being at least eighteen years of age and a resident of and domiciled in the City of __________, County of __________, State of South Carolina, make this Declaration this ___ day of __________, 19___.  I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal or if I am in a state of permanent unconsciousness, and I declare:  If at any time I have a condition certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death could occur within a reasonably short period of time without the use of life-sustaining procedures or if the physicians certify that I am in a state of permanent unconsciousness and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that the procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.  INSTRUCTIONS CONCERNING ARTIFICIAL NUTRITION AND HYDRATION  INITIAL ONE OF THE FOLLOWING STATEMENTS  If my condition is terminal and could result in death within a reasonably short time,  __________ I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.  __________ I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.  INITIAL ONE OF THE FOLLOWING STATEMENTS  If I am in a persistent vegetative state or other condition of permanent unconsciousness,  __________ I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.  __________ I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.  In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians and any health facility in which I may be a patient as the final expression of my legal right to refuse medical or surgical treatment, and I accept the consequences from the refusal.  I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.  APPOINTMENT OF AN AGENT (OPTIONAL)  1. You may give another person authority to revoke this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.  Name of Agent with Power to Revoke:_  Address:_  Telephone Number:_  2. You may give another person authority to enforce this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.  Name of Agent with Power to Enforce:_  Address:_  Telephone Number:_  REVOCATION PROCEDURES  THIS DECLARATION MAY BE REVOKED BY ANY ONE OF THE FOLLOWING METHODS. HOWEVER, A REVOCATION IS NOT EFFECTIVE UNTIL IT IS COMMUNICATED TO THE ATTENDING PHYSICIAN.  (1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF YOUR INTENT TO REVOKE, BY YOU OR BY SOME PERSON IN YOUR PRESENCE AND BY YOUR DIRECTION. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS;  (2) BY A WRITTEN REVOCATION SIGNED AND DATED BY YOU EXPRESSING YOUR INTENT TO REVOKE;  (3) BY YOUR ORAL EXPRESSION OF YOUR INTENT TO REVOKE THE DECLARATION. AN ORAL REVOCATION COMMUNICATED TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN YOU IS EFFECTIVE ONLY IF:  (a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;  (b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;  (c) YOUR PHYSICAL OR MENTAL CONDITION MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH YOU THAT THE REVOCATION HAS OCCURRED.  TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE YOUR DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;  (4) IF YOU, IN THE SPACE ABOVE, HAVE AUTHORIZED AN AGENT TO REVOKE THE DECLARATION, THE AGENT MAY REVOKE ORALLY OR BY A WRITTEN, SIGNED, AND DATED INSTRUMENT. AN AGENT MAY REVOKE ONLY IF YOU ARE INCOMPETENT TO DO SO. AN AGENT MAY REVOKE THE DECLARATION PERMANENTLY OR TEMPORARILY.  (5) BY YOUR EXECUTING ANOTHER DECLARATION AT A LATER TIME.  Signature of Declarant STATE OF ________ AFFIDAVIT COUNTY OF ________   We, __________ and __________, the undersigned witnesses to the foregoing Declaration, dated the ___ day of __________, 19___, at least one of us being first duly sworn, declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, subscribe our names as witnesses on that date. The declarant is personally known to us, and we believe him to be of sound mind. Each of us affirms that he is qualified as a witness to this Declaration under the provisions of the South Carolina Death With Dignity Act in that he is not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of the attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a resident in a hospital or nursing care facility at the date of execution of this Declaration, at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.  ____________________ Witness  ____________________ Witness  Subscribed before me by __________, the declarant, and subscribed and sworn to before me by __________, the witnesses, this ___ day of __________, 19___.  Signature   Notary Public for ____________________  My commission expires: ____________  SEAL  HISTORY: 1986 Act No. 341, Section 5; 1988 Act No. 586; 1991 Act No. 149, Section 5.
 A declarant whose declaration is executed in accordance with earlier versions of this chapter or in accordance with the law of another state may supplement that declaration by executing a document containing the provisions for "Instructions Concerning Artificial Nutrition and Hydration" as provided for in Section 44-77-50 which must be signed by the declarant and witnessed in accordance with this chapter.  HISTORY: 1991 Act No. 149, Section 9.
 If a declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the declarant's pregnancy.  HISTORY: 1986 Act No. 341, Section 5B; 1988 Act No. 586.
 The Declaration may be revoked:  (1) by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant's intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant's medical record the time and date when the physician received notification of the revocation;  (2) by a written revocation signed and dated by the declarant expressing his intent to revoke. The revocation becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant's medical record the time and date when the physician received notification of the written revocation;  (3) by an oral expression by the declarant of his intent to revoke the Declaration. The revocation becomes effective only upon communication to the attending physician by the declarant. However, an oral revocation made by the declarant becomes effective upon communication to the attending physician by a person other than the declarant if:  (a) the person was present when the oral revocation was made;  (b) the revocation was communicated to the physician within a reasonable time;  (c) the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. To be effective as a revocation, the oral expression clearly must indicate the declarant's desire that the declaration not be given effect or that life-sustaining procedures be administered;  (4) by a written, signed, and dated revocation or by an oral revocation by the declarant's designee, the designee's name and address being supplied in the declaration, expressing the designee's intent to permanently or temporarily revoke the declaration. The revocation becomes effective only upon communication to the attending physician by the designee. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. A designee may revoke only if the declarant is incompetent to do so.  (5) by the declarant's execution of a subsequent declaration.  HISTORY: 1986 Act No. 341, Section 6; 1988 Act No. 586; 1991 Act No. 149, Section 6.
 The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration. If the agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. Nothing in this section alters the self-executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation. This section does not apply to a declaration that has been revoked as provided in Section 44-77-80.  HISTORY: 1991 Act No. 149, Section 1.
 After certification of a terminal condition or a state of permanent unconsciousness, any person who relies on a declaration which on its face appears to have been executed in accordance with the provisions of this chapter, of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life-sustaining procedures from the terminally ill or permanently unconscious patient who executed the declaration, is presumed to be acting in good faith. A physician who in good faith certifies that a patient's condition is terminal or that the patient is permanently unconscious is not subject to liability merely on account of certification. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life-sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases in which a physician deviates from standards of reasonable medical care in connection with the decision to withhold or withdraw.  HISTORY: 1986 Act No. 341, Section 7; 1988 Act No. 586; 1991 Act No. 149, Section 7.
 This chapter may be cited as the Emergency Medical Services Do Not Resuscitate Order Act.  HISTORY: 1994 Act No. 485, Section 2.
 As used in this chapter:  (1) "Do not resuscitate bracelet" or "bracelet" means a standardized identification bracelet that:  (a) meets the specifications established under Section 44-78-30(B) or that is approved by the department under Section 44-78-30(B);  (b) bears the inscription "Do Not Resuscitate"; and  (c) signifies that the wearer is a patient who has obtained a do not resuscitate order which has not been revoked.  (2) "Do not resuscitate order for emergency services" means a document made pursuant to this article to prevent EMS personnel from employing resuscitative measures or any other medical process that would only extend the patient's suffering with no viable medical reason to perform the procedure.  (3) "EMS personnel" means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control including first responders who have completed a Department of Health and Environmental Control approved medical first responder program.  (4) "Health care provider" means a person licensed to practice medicine or osteopathy pursuant to Chapter 47, Title 40.  (5) "Palliative treatment" means the degree of treatment which must be provided to a patient in the routine delivery of emergency medical services, which assures the comfort and alleviation of pain and suffering to all extents possible, regardless of whether the patient has executed a document as provided for in this chapter.  (6) "Resuscitative treatment" means artificial stimulation of the cardiopulmonary systems of the human body, through either electrical, mechanical, or manual means including, but not limited to, cardiopulmonary resuscitation.  (7) "Terminal condition" means an incurable or irreversible condition that within reasonable medical judgment will cause death within a reasonably short period of time with or without the administration of life-sustaining treatment.  (8) "Child" means a person under the age of eighteen who is neither married nor judicially emancipated and who is medically eligible for hospice care as a result of a terminal condition.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 2, eff June 3, 2016; 2022 Act No. 122 (S.508), Sections 1.A, 1.B, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 1.A, in (7), substituted "will cause death within a reasonably short period of time with or without the administration of life-sustaining treatment" for "could cause death within a reasonably short period of time if life sustaining procedures are not used".  2022 Act No. 122, Section 1.B, added (8), relating to the definition of "child".
 (A) Except as prohibited in subsections (C) and (D), a patient who has a terminal condition, a surrogate for a patient with a terminal condition under the Adult Health Care Consent Act, an agent of a patient with a terminal condition named by the patient in a Health Care Power of Attorney, or a parent or legal guardian with the legal authority to make medical decisions for a child with a terminal condition may request a health care provider responsible for the care of the patient to execute a "do not resuscitate order for emergency services" if:  (1) the patient has a terminal condition; and  (2) the terminal condition has been diagnosed by a health care provider and the health care provider's record establishes the time, date, and medical condition which gives rise to the diagnosis of a terminal condition.  (B) At the request of the patient for whom a "do not resuscitate order" is written, the patient's surrogate or agent, or a parent or legal guardian with the legal authority to make medical decisions for the child, the health care provider who executes the "do not resuscitate order" shall make the order in writing on a form conforming to the requirements of Section 44-78-30(A), and either shall:  (1) affix to the wrist of the patient a "do not resuscitate bracelet" that meets the specifications established under Section 44-78-30(B); or  (2) provide the patient, the patient's surrogate or agent, or a parent or legal guardian with the legal authority to make medical decisions for the child with an order form, from a commercial vendor approved by the department pursuant to Section 44-78-30(B), to allow a "do not resuscitate bracelet" to be ordered from the commercial vendor.  (C) Neither parent nor legal guardian with the legal authority to make medical decisions for a child shall request a "do not resuscitate for emergency services order" for the child unless a reasonable attempt has been made to inform, either orally or in writing, the second parent or legal guardian of the child with the legal authority to make medical decisions for the child of the intention of the first parent or legal guardian to request a "do not resuscitate order", if the second parent or legal guardian is reasonably available. Accordingly, the following shall be entered in the child's medical  (1) the date, time, and mode of communication of the provision of such information, as well as the name of the sender;  (2) if the second parent or legal guardian of the child does not respond to the provision of such information within forty-eight hours; and  (3) the nature of the lack of availability of the second parent or legal guardian if an attempt to provide such information is not made.  (D) A "do not resuscitate order for emergency services order" shall not be requested by either parent or legal guardian with the legal authority to make medical decisions for a child nor executed by a health care provider responsible for the care of the child if either parent or legal guardian with the legal authority to make medical decisions for the child explicitly refuses consent, either orally or in writing, for requesting a "do not resuscitate order" for the child, except in accordance with a court order pursuant to subsection (E). Such refusal of consent shall be entered in the child's medical record.  (E) If the parents or legal guardians of a child with the legal authority to make medical decisions for the child are unable to agree to request a "do not resuscitate order for emergency services" of a health care provider responsible for the care of the child, either parent or legal guardian may institute a proceeding under subsection (F) to resolve the conflict. Pending the final determination of such proceedings, including any appeals, a "do not resuscitate order for emergency services" shall not be requested by either parent or legal guardian nor executed by the health care provider.  (F) A parent or legal guardian with legal authority to make medical decisions for the child may petition the family court or circuit court of the county in which the child resides or in which the child is receiving treatment for an order to a health care provider responsible for the care of the child to execute a "do not resuscitate order for emergency services" for the child, or an order to enjoin a violation of or threat to violate subsection (D). Upon receiving such a petition, the family court or circuit court shall issue an order fixing the date, time, and place of a hearing on the petition and order that notice of the hearing shall be given to such persons as the court shall direct. A preliminary hearing may be held without notice if the court determines that doing so is necessary to prevent imminent danger to the child's life. In the court's discretion, a hearing may be conducted in a courtroom, a treatment facility, or at some other suitable place.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 3, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 2, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 2, rewrote the section, allowing a parent or legal guardian of a medically eligible child to request and revoke a "do not resuscitate order for emergency services" for the child, with exceptions.
 When called to render emergency medical services, EMS personnel must not use any resuscitative treatment if the patient has a "do not resuscitate order for emergency services" and the document is presented to the EMS personnel upon their arrival or if the patient is wearing a do not resuscitate bracelet. EMS personnel must provide that degree of palliative care called for under the circumstances which exist at the time treatment is rendered.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 4, eff June 3, 2016.
 (A) A document purporting to be a "do not resuscitate order" for EMS purposes must be in substantially the following form:  NOTICE TO EMS PERSONNEL  This notice is to inform all emergency medical personnel who may be called to render assistance to _________________ that he/she has a terminal condition which has been diagnosed by me, and has specifically requested that no resuscitative efforts including artificial stimulation of the cardiopulmonary system by electrical, mechanical, or manual means be made in the event of cardiopulmonary arrest or, if he/she is a child, such a request has been specifically made by a parent or legal guardian with the legal authority to make medical decisions for the child.  REVOCATION PROCEDURE  THIS FORM MAY BE REVOKED BY AN ORAL STATEMENT BY THE PATIENT OR, IF THE PATIENT IS A CHILD, BY A PARENT OR LEGAL GUARDIAN WITH THE LEGAL AUTHORITY TO MAKE MEDICAL DECISIONS FOR THE CHILD TO EMS PERSONNEL OR BY MUTILATING, OBLITERATING, OR DESTROYING THE DOCUMENT IN ANY MANNER.  Date:_______________________________  ___________________________________  Patient's signature (or surrogate or agent)  ___________________________________  Parent or Legal Guardian  ___________________________________  Physician's signature  ___________________________________  Physician's address  ___________________________________  Physician's telephone number  (B) The department may approve a "do not resuscitate bracelet" developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "South Carolina Do Not Resuscitate EMS" and the patient's first name and last name on the back. The department may not approve a "do not resuscitate bracelet" developed and distributed by a commercial vendor if the vendor does not require a health care provider's order for the bracelet before distributing it to a patient.  (C) The cost of obtaining a bracelet must be borne by the patient or, if the patient is a child, the parent or legal guardian of the child and may not be provided by the department at the expense of the department.  (D) The vendor approved by the department shall not fulfill a request for a "do not resuscitate bracelet" without receiving a health care provider's order for the bracelet with the request.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 5, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 3, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 3, rewrote the section.
 No health care provider or EMS personnel is liable for damages, may be the subject of disciplinary proceedings, or may be subject to civil or criminal liability due to:  (1) issuing a "do not resuscitate order for emergency medical services" or a "do not resuscitate bracelet";  (2) good faith reliance on a "do not resuscitate order for emergency medical services" or a "do not resuscitate bracelet" resulting in:  (a) the withholding of resuscitative treatment; or  (b) the withholding of resuscitative treatment already in progress once a duly executed "do not resuscitate order for emergency medical services" is identified;  (3) initiating resuscitative treatment on a "do not resuscitate patient" if EMS personnel were unaware of the existence of the order or bracelet or if EMS personnel reasonably and in good faith believed the "do not resuscitate order" had been canceled or revoked or, where applicable, if the do not resuscitate bracelet has been tampered with or removed; or  (4) initiating resuscitative treatment on a "do not resuscitate patient" where in the best medical judgment of EMS personnel, the care was necessary to relieve pain or suffering or to provide comfort care to the patient.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 6, eff June 3, 2016.
 In the absence of a "do not resuscitate order for emergency medical services" or a "do not resuscitate" bracelet, EMS personnel shall give full resuscitative measures as are medically indicated in all cases.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 7, eff June 3, 2016.
 (A) A health care provider and an EMS personnel shall follow the request of the patient or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child and must not provide resuscitative measures when the patient has a "do not resuscitate order for emergency medical services" or is wearing a "do not resuscitate bracelet", except where the:  (1) order is revoked pursuant to Section 44-78-60; or  (2) bracelet, when applicable, appears to have been tampered with or removed.  (B) A health care provider or EMS personnel who cannot honor the order or bracelet immediately must transfer care of the patient to an EMS personnel or health care provider who will honor the order or bracelet.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 8, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 4, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 4, in (A), inserted "or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child" following "request of the patient".
 (A) Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative action or deliberate act to end life other than to allow the natural process of dying.  (B) No child may request a "do not resuscitate order for emergency medical services" as provided for in this article.  (C) The withholding of resuscitative measures pursuant to this article does not constitute suicide for any purpose.  HISTORY: 1994 Act No. 485, Section 2; 2022 Act No. 122 (S.508), Section 5, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 5, in (B), substituted "No child may request" for "No person under the age of eighteen years may request or receive".
 A patient or, if the patient is a child, a parent or legal guardian with the legal authority to make medical decisions for the child, may revoke a "do not resuscitate order for emergency services" by:  (1) mutilating, obliterating, or destroying the "do not resuscitate order for emergency medical services" document in any manner;  (2) orally expressing to an emergency medical technician, first responder, or to a person who serves as a member of an emergency health care facility's personnel, the desire to be resuscitated, after which the emergency medical technician, first responder, or the member of the emergency health care facility shall disregard the "do not resuscitate order for emergency medical services" document and, if applicable, promptly remove the bracelet;  (3) defacing, burning, cutting, or otherwise destroying the bracelet, if applicable; or  (4) removing the bracelet or asking another person to remove the bracelet.  HISTORY: 1994 Act No. 485, Section 2; 2016 Act No. 233 (H.4773), Section 9, eff June 3, 2016; 2022 Act No. 122 (S.508), Section 6, eff March 14, 2022.  Effect of Amendment  2022 Act No. 122, Section 6, in the first undesignated paragraph, inserted "or, if the patient is a child, a parent or legal guardian with the legal authority to make medical decisions for the child," following "A patient".
 The South Carolina Department of Health and Environmental Control shall promulgate regulations necessary to provide direction to emergency personnel in identifying patients who have a "do not resuscitate order for emergency services".  HISTORY: 1994 Act No. 485, Section 2.  
 This chapter may be cited as the Physical Fitness Services Act.  HISTORY: 1985 Act No. 165, Section 1.
 (1) No center shall advertise physical fitness services which are not operating or available without clearly and conspicuously disclosing in the advertisement that such are not presently operating or available.  (2) No center shall advertise physical fitness services which are not operating or available in each and every outlet unless the advertisement clearly and conspicuously discloses the facilities or services which are not operating or available at each outlet.  (3) Substantiation for physical fitness services advertising claims, and information necessary to determine the amount of the bonds required by this chapter, must be provided upon request of a circuit solicitor, the Attorney General, or the Department of Consumer Affairs.  HISTORY: 1985 Act No. 165, Section 1.
 The State of South Carolina and its political subdivisions and any not-for-profit corporations are exempt from the terms of this chapter.  HISTORY: 1985 Act No. 165, Section 1.
 Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for no more than three years, or both.  A violation of any provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act.  HISTORY: 1985 Act No. 165, Section 1.  
 As used in this chapter:  (1) "Physical fitness services" means facilities or services for the development of physical fitness through exercise or weight control. The term includes the facilities and services of health or exercise centers, clubs, studios, or classes; health spas; weight control centers, clinics, or studios; figure salons; tanning centers; and athletic or sport clubs. It does not include rehabilitative therapy administered by a licensed physical therapist.  (2) "Customer" or "member" means a person who contracts for the use of physical fitness services.  (3) "Major facility" means swimming pool, whirlpool, tennis courts, racquet or handball courts, indoor or outdoor track, gymnasium with exercise equipment, calisthenic room, or similar collection of physical fitness equipment.  (4) "Major service" means locations which have offices, treatment rooms, or counseling rooms but no major facilities and other treatments, visits, or sessions to reduce and control weight.  (5) "Center" means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets bearing the same name or a single outlet. Any subsidiary of a center, operating under the same name and offering such services, is a part of the center.  (6) "Outlet" means a separate location of a center which is not physically connected with another center but which uses the same name.  (7) "Administrator" means the administrator of the South Carolina Department of Consumer Affairs.  HISTORY: 1985 Act No. 165, Section 1; 1989 Act No. 69, Section 1.
 (A) Every prepaid or credit contract for physical fitness services of over three months' duration or over two hundred dollars in amount must conform to the following requirements:  (1) the contract must be in writing, and a copy must be given to the customer at the time he signs it;  (2) the contract shall state clearly the street address or location of the center and outlets which the member may use at the time the contract is executed and the major facilities or major services which each offers;  (3) the contract shall reveal the finance charge, if any, which the member agrees to pay;  (4) if the customer executes a promissory note in connection with the contract, the contract shall clearly indicate whether the promissory note is assignable paper and whether it may be discounted and sold to third parties. Assignment of the promissory note does not affect the right of the member to cancel the contract or the method by which the cancellation may be made;  (5) the contract must contain a right to cancel provision in the following language:  "CUSTOMER'S RIGHT TO CANCEL  (a) You may cancel this contract by sending notice of your wish to cancel to the center before midnight of the third business day after you sign the contract. 'Business day' means Monday through Friday excluding state holidays and federal holidays. This notice must be sent certified mail to the following:  ______________________________  Within thirty days of receipt of this notice, the center shall return any payments made and any note or other evidence of indebtedness. If you use the seller's facilities or services, the center may deduct a reasonable fee from the payments being returned based on the actual fee paid divided on a pro rata share by the number of days used by the customer.  (b) In addition, you or your estate may also cancel the contract at any time by written notice to the center at the above address if the following circumstances occur:  (1) the customer's death;  (2) substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center's services;  (3) the customer's permanent relocation to a residence over fifty miles distant from an outlet operated by the center, if the center is unable to arrange for the customer's use of another center with equivalent major facilities and services.  The center may require presentation of information to substantiate that one of these circumstances has occurred.  If the contract is cancelled because of disability, death, or permanent change of residence, the center shall return any note or other evidence of indebtedness and unearned prepayments as follows: For each month that the contract was in effect, the center is entitled to the rate a month or a treatment which it would have charged if the contract had initially been one for the number of months or the number of treatments for which the contract was actually in effect. The rate is to be determined from a fee schedule in effect on the date of the contract.  (c) The right of cancellation shall affect only the financial obligations under the contract and customer's right to use the center's physical fitness services."  (6) services such as personal training, personal fitness testing, and daily visitor fees that are not subject to being refunded must be clearly stated in the contract;  (7) Any contractual provision allowing more liberal rights of cancellation than set forth in this chapter may be substituted for the notice required in this chapter.  (B) A contract is not required for personal training, private consultations, and fitness testing rendered on an hourly basis unless they are part of a package of over three hundred dollars.  HISTORY: 1985 Act No. 165, Section 1; 1992 Act No. 380, Section 1; 1994 Act No. 312, Section 1.
 No contract for physical fitness services may:  (1) have a duration of longer than twenty-four months, nor a duration measured by the life of the customer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a duration of up to thirty-six months if approved in writing by the administrator;  (2) waive the required provisions of this chapter;  (3) provide that a right of action or defense of the customer may be cut off by assignment of the contract to a third person.  HISTORY: 1985 Act No. 165, Section 1; 1986 Act No. 467, Section 2; 2008 Act No. 298, Section 1, eff upon approval (became law without the Governor's signature on June 12, 2008).
 Any provision of any contract for physical fitness services which does not comply with this chapter is unenforceable against the member.  HISTORY: 1985 Act No. 165, Section 1.
 A contract for physical fitness services may contain clauses which:  (1) provide for extension of the term of the agreement for a period equal to a period of temporary disability or pregnancy of the customer, or for any other just or reasonable cause;  (2) specify that the written contract constitutes the entire agreement between the parties;  (3) provide for a renewal option, for a duration longer than one month but not more than twelve months, which to be enforceable must be exercised by the buyer in writing, or by payment by the buyer of part or all of the renewal price. A renewal option for a duration longer than one month may be exercised only near the expiration of any previous contract and for not more than twelve months;  (4) provide for an automatic renewal option, for a duration of no longer than one month, which to be enforceable must be disclosed in bold type of at least fourteen-point font on the front page of the contract and must be initialed by the customer. The customer will be given the ability to opt-in to the automatic renewal provision at the time the initial contract is executed by initialing an opt-in provision. Near the expiration of the initial contract, the facility shall notify the customer in writing at the customer's last known address of the automatic renewal option which the customer selected at the time the initial contract was executed. Price may not increase or decrease in an automatically renewed contract without written notice to the customer of at least thirty but not more than sixty days prior to the effective date of the change in price;  (5) specify that cancellation of a contract voids automatic renewal provisions.  HISTORY: 1985 Act No. 165, Section 1; 2008 Act No. 298, Section 2, eff upon approval (became law without the Governor's signature on June 12, 2008).
 Any right of action or defense which the member may raise based on the contract for physical fitness services is preserved against any assignee or successor to the contract.  HISTORY: 1985 Act No. 165, Section 1.
 (1) Every center which enters into prepaid or credit contracts for physical fitness services of over three months' duration or over two hundred dollars in amount shall maintain with the administrator a surety bond in a sum to be determined by the administrator based on the estimated future costs to service contracts sold, but not to exceed fifty thousand dollars.  (2) In lieu of the bond required in this section, the center may furnish under penalty of perjury information which reasonably demonstrates financial responsibility as will enable the center to satisfy the possible claims against the bond. In the event the center is controlled by, under common control with, or controls other corporations and the other corporation agrees in writing to satisfy the claims against a bond allowed under this section, the financial responsibility of the other corporation must be considered in determining the requirement for a bond. In determining whether the center has the requisite financial responsibility, the administrator may consider the operating and business history, reputation, and management within and without the State, as well as the operating and business history and reputation of any business controlled by, under common control with, or controlling the center. The provisions of subsections (1) and (2) of this section do not apply to physical fitness service facilities that have been in operation for five years or more on the effective date of this Chapter.  (3) Each center is required to notify the administrator upon substantial change of its financial status and to submit an annual report.  (4) No person may offer physical fitness services in this State without first obtaining a certificate of authority from the administrator. A certificate of authority must be issued by the administrator upon submission of items (a) through (f) of this section. The applicant must submit:  (a) A formal application for the certificate in such form and detail as the administrator requires.  (b) A certified copy of its charter or articles of incorporation and its bylaws, if any.  (c) If a corporation, a certified copy of the certificate of authority or good standing certificate from the Secretary of State of South Carolina.  (d) A copy of its membership agreement.  (e) A copy of any contract to be issued.  (f) A list of outlets at which physical fitness services will be offered.  (g) Any other relevant information required by the administrator.  (5) No certificate of authority may be issued by the administrator until the center pays an initial certificate of authority fee of fifty dollars an outlet. Certificates of authority may be renewed upon payment of an annual renewal fee of fifty dollars an outlet on or before December thirty-first.  (6) A copy of the Certificate of Authority required by this chapter must be posted conspicuously at every location where monies or contracts are received by the center.  (7) It is unlawful for any center or person acting on behalf of a center required to obtain and maintain a Certificate of Authority under this chapter to advertise, sell, or offer to sell the use of physical fitness services when a valid certificate is not on file with the administrator.  (8) The administrator may file a request for a contested case hearing with the Administrative Law Court to obtain a cease and desist order or an order revoking, suspending, or vacating the certificate of authority of a center, if the department determines that the center has violated or failed to comply with any provision of this chapter or regulation promulgated under the authority of this chapter or if the department shows that:  (a) a document or declaration required by subsection (4), items (a) through (g) were false or misleading; or  (b) by clear and convincing evidence the center or its agents, officers, or employees have engaged in false, fraudulent, or deceptive conduct in its dealings with customers.  (9) Instead of revocation, suspension, or refusal to continue a certificate of authority of a center, the administrative law judge may assess an administrative penalty for a violation of subsection (4) or (8) of this section not to exceed five hundred dollars for each violation, not to exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist.  HISTORY: 1985 Act No. 165, Section 1; 1991 Act No. 142, Sections 27, 28; 1994 Act No. 312, Section 2; 2005 Act No. 128, Section 16, eff July 1, 2005.  Editor's Note  2005 Act No. 128, Section 27, provides as follows:  "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
 The administrator shall administer this chapter and may promulgate regulations, subject to the Administrative Procedures Act, necessary to carry out its provisions.  HISTORY: 1985 Act No. 165, Section 1.
 The Department of Health and Environmental Control shall implement a targeted community program for dental health education, screening, and treatment referral in the public schools for children in kindergarten, third, seventh, and tenth grades or upon entry into a South Carolina school. The department shall target three to five counties of need. The program must seek collaboration from local school districts, other governmental entities, school nurses, and dentists to coordinate federal Medicaid assistance and any volunteer efforts to reduce costs to the State to the extent practicable. Program guidelines must be promulgated in regulations and must include procedures for screenings and for the issuance of an Acknowledgment of Dental Screening for a child indicating that the child has had the dental screening. These guidelines also must provide that the screenings required by this section be made by an authorized provider at no charge.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.
 Unless a different meaning is required by the context:  (1) "Acknowledgment of Dental Screening" means a document designed to serve as official confirmation that a child has had a dental screening.  (2) "Authorized practitioner" means dentists, hygienists, certified dental assistants, physicians, and nurses, and anyone who has qualified under the department's training module.  (3) "Community oral health coordinator" means someone located in the county of need that will provide support to county health departments and school districts to strengthen the capacity to respond to the oral health needs of school children. They will assist in facilitating the removal of barriers to dental care, partnership development or enhancement, building or enhancing of dental safety net systems, oral health training and education, and strategic planning for accessing additional resources.  (4) "County of need" means any county in this State that is considered to be a dentally underserved area based on the most recent Oral Health Needs Assessment or any other data deemed appropriate by the department.  (5) "Department" means the South Carolina Department of Health and Environmental Control.  (6) "School" means any public school operating within the county, as defined by Section 59-1-120.  (7) "Screening" means a visual scan of the oral cavity and facial structures performed consistent with national standards as recognized and approved by the department.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.
 In the target counties of need, no later than one hundred twenty calendar days following a child's start date to five year old kindergarten, third grade, seventh grade, tenth grade, or upon entry into a South Carolina school, the student shall present to the school an Acknowledgment of Dental Screening signed by an authorized practitioner.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.
 When a dental screening is performed by an authorized practitioner in a school setting in one of the targeted counties of need, the practitioner shall issue an Acknowledgment of Dental Screening for the child. The school nurse or other school employee designated by the school district superintendent shall notify and advise the child's parent or guardian to seek further professional attention for the child if indicated by the screening. Upon receipt of written permission from the parent or guardian, the school also shall notify the community oral health coordinator who will serve as a facilitator if further attention is needed upon completion of the screening. The community oral health coordinator also shall maintain all records and data determined necessary by the department.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.
 A screening must be performed for students in the targeted counties of need unless a parent or guardian completes an exemption form provided to them by the school. The school shall accept a parental exemption form in place of the Acknowledgment of Dental Screening.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.
 The initial and continued implementation of the provisions of this chapter is contingent upon the appropriation of adequate funding. There is no mandatory financial obligation to the Department of Health and Environmental Control, the Department of Education, or school districts within the counties chosen to participate if adequate funding is not appropriated or made available.  HISTORY: 2010 Act No. 235, Section 1, eff July 1, 2010.  
 As used in this chapter:  (1) "Advance care planning" or "ACP" means the making of decisions by a person about the care the person wants to receive if the person becomes unable to communicate or consent to care and the documentation of those decisions by acceptable methods recognized by the State.  (2) "Advance directive" means a written statement such as a health care power of attorney executed in accordance with Section 62-5-504, in which an individual expresses certain wishes relating to life-sustaining treatment, including resuscitative services.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Director" means the Director of the South Carolina Department of Health and Environmental Control.  (5) "Emergency medical technician (EMT)" when used in general terms for emergency medical personnel, means an individual possessing a valid EMT, advanced EMT (AEMT), or paramedic certificate issued by the State pursuant to the provisions of Section 44-61-20.  (6) "Health care facility" means any nonfederal public or private institution, building, agency, or portion thereof, whether for-profit or not-for-profit, that is used, operated, or designed to provide health services; medical treatment; or nursing, rehabilitative or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories; research facilities; pharmacies; laundry facilities; health personnel training and lodging facilities; patient, guest, and health personnel food service facilities; and offices or office buildings for persons engaged in health care professions or services.  (7) "Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.  (8) "Legal representative" means a person with priority to make health care decisions for a patient pursuant to the Adult Health Care Consent Act.  (9) "Patient" means an individual who presents or is presented to a health care provider for treatment.  (10) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.  (11) "Physician Orders for Scope of Treatment (POST) form" means a designated document designed for use as part of advance care planning, the use of which must be limited to situations where the patient has been diagnosed with a serious illness or, based upon medical diagnosis, may be expected to lose capacity within twelve months and consists of a set of medical orders signed by a patient's physician addressing key medical decisions consistent with patient goals of care concerning treatment at the end of life that is portable and valid across health care settings.  (12) "Serious illness" means a condition which, based upon best medical judgment, is likely to result in death within a period of not to exceed twelve months.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 A POST form executed pursuant to this chapter remains effective until revoked or until a new POST form is executed pursuant to this chapter. Any physician who is responsible for the creation and execution of a POST form shall make reasonable efforts to periodically review and update the POST form with the patient as the patient's needs dictate but at least once per year.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 An advanced practice registered nurse (APRN) may create, execute, and sign a POST form if authorized to do so by his or her practice agreement. The POST form must be for a patient of the APRN, the physician with whom the APRN has entered into a practice agreement, or both.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 A physician assistant (PA) may create, execute, and sign a POST form if authorized to do so by his or her scope of practice guidelines. The POST form must be for a patient of that PA, the PA's supervising physician, or both.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.  
 The department shall:  (1) oversee the POST form and its future iterations;  (2) display a printable sample of the POST form currently being used by the department on the department's or a designee's publicly accessible website, along with any related information the department chooses to post; however, if posted on a designee's website, the department shall post a link on its website to the form and any related information;  (3) develop a statewide, uniform process for identifying a patient who has executed any advance directive, a POST form, or a combination of advance directives and a POST form;  (4) develop a process for collecting feedback to facilitate the periodic redesign of the POST form in accordance with current health care best practices;  (5) develop POST-related education efforts for health care professionals and the public; and  (6) promulgate regulations necessary to perform the duties assigned and ensure compliance with the provisions of this chapter.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) The POST form must be a uniform document based on the standards recommended by the National Physician Orders for Life-Sustaining Treatment (POLST) paradigm and must include the information set forth in subsection (C).  (B) A copy, facsimile, or electronic version of a completed POST form is considered to be legal.  (C) The POST form must include the following information:  (1) patient name and contact information;  (2) date of birth;  (3) effective date of form;  (4) diagnosis;  (5) treatment plan;  (6) health care representative or health care agent contact information;  (7) CPR preference;  (8) medical intervention preferences;  (9) preferences for antibiotics; and  (10) assisted nutrition and hydration preferences.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act.  (B) A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility.  (C) A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) A POST form may be revoked at any time by an oral or written statement by the patient or a patient's legal representative.  (B) A revocation is only effective upon communication to the health care provider or health care facility by the patient or the patient's legal representative.  (C) The execution of a POST form by a patient, or the patient's legal representative, pursuant to this chapter automatically revokes any previously executed POST form.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) Any individual acting in good faith as a legal representative who executes a POST form on behalf of an incapacitated patient in accordance with this chapter, the Adult Heath Care Consent Act, and regulations promulgated pursuant to those statutes is not subject to criminal prosecution or civil liability for executing the POST form.  (B) A health care provider, health care facility, or other person who has not received actual notice of the revocation of a POST form and complies with the wishes stated in the POST form is not subject to civil or criminal liability or professional disciplinary action for actions taken pursuant to this chapter which are in accordance with reasonable medical standards. This subsection provides an affirmative defense to any civil, criminal, or professional disciplinary action filed or instituted against a health care provider, health care facility, or other person for conduct authorized by this chapter.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 This chapter may not be construed to condone, authorize, or approve suicide, physician-assisted suicide, or euthanasia, or to permit any affirmative or deliberate act or omission of an act to end life other than to permit the natural process of dying. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to an executed POST form and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or vulnerable adult abuse or neglect.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) The executing of a POST form does not in any manner affect the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures pursuant to this chapter notwithstanding any term of the policy to the contrary.  (B) Execution of a POST form is voluntary. A health care provider, health care facility, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital plan may not require any person to execute a POST form as a condition of being insured for, or receiving, health care services.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 (A) The absence of a POST form does not give rise to a presumption concerning the intent of a patient with respect to the consent to or refusal of life-sustaining procedures. A health care provider or health care facility must be guided by the patient's stated wishes, or if unable to consent or otherwise communicate, the wishes as stated by the patient's surrogate decision maker as provided in Section 44-66-30 of the Adult Health Care Consent Act, as well as the established standards of care.  (B) Nothing in this chapter may be interpreted to interfere with the right of an individual to make decisions regarding use of life-sustaining procedures as long as the individual is able to do so, or to impair or supersede any right or responsibility that any legal representative or other authorized person has to order the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.  (C) The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient's wishes for medical treatment in the patient's current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient's new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient's behalf if the patient is unable to communicate to ensure that the patient's advance directive wishes as to life-sustaining medical treatment are fulfilled.  HISTORY: 2019 Act No. 89 (H.4004), Section 2, eff May 24, 2019.
 This act may be cited as the "Bill of Rights for Residents of Long-Term Care Facilities".  HISTORY: 1985 Act No. 118, Section 1.
 The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert their rights fully as individual citizens. The General Assembly recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and personal freedom. The General Assembly further finds that it is necessary to preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident's need for self-determination.  HISTORY: 1985 Act No. 118, Section 2.
 As used in this chapter:  (1) "Long-term care facility" means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department).  (2) "Resident" means a person who is receiving treatment or care in a long-term care facility.  (3) "Representative" means a resident's legal guardian, committee, or next of kin or other person acting as agent of a resident who does not have a legally appointed guardian.  HISTORY: 1985 Act No. 118, Section 3.
 (A) Each resident or the resident's representative must be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions of this chapter before or at the time of admission to a long-term care facility. Written acknowledgment of the receipt of the explanation by the resident or the resident's representative must be made a part of the resident's file. Each facility must have posted written notices of the residents' rights in conspicuous locations in the facility. The written notices must be approved by the department. The notices must be in a type and a format which is easily readable by residents and must describe residents' rights, grievance procedures, and the enforcement provisions provided by this chapter.  (B) Each resident and the resident's representative must be informed in writing, before or at the time of admission, of:  (1) available services and of related charges, including all charges not covered under federal or state programs, by other third party payers, or by the facility's basic per diem rate;  (2) the facility's refund policy which must be adopted by each facility and which must be based upon the actual number of days a resident was in the facility and any reasonable number of bed-hold days, except when the provisions of subsection (E) apply.  Each resident and the resident's representative must be informed in writing of any subsequent change in services, charges, or refund policy.  (C) Each resident or the resident's legal guardian has the right to:  (1) choose a personal attending physician;  (2) participate in planning care and treatment or changes in care and treatment;  (3) be fully informed in advance about changes in care and treatment that may affect the resident's well-being;  (4) receive from the resident's physician a complete and current description of the resident's diagnosis and prognosis in terms that the resident is able to understand;  (5) refuse to participate in experimental research.  (D) A resident may be transferred or discharged only for medical reasons, for the welfare of the resident or for the welfare of other residents of the facility, or for nonpayment and must be given written notice of not less than thirty days, except that when the health, safety, or welfare of other residents of the facility would be endangered by the thirty-day notice requirement, the time for giving notice must be that which is practicable under the circumstances. Each resident must be given written notice before the resident's room or roommate in the facility is changed.  (E)(1) If a community residential care facility resident or a resident's representative chooses to voluntarily relocate from the resident's current facility, the resident or the resident's representative must give the facility administrator written notice of this intent to relocate not less than fourteen days before the resident's relocation becomes effective. Voluntary relocation does not occur when a resident of a community residential care facility seeks to be discharged because a higher level of care is required or because the resident's health, safety, or welfare is endangered.  (2) If a community residential care facility resident or a resident's representative fails to give timely notice as required by this subsection, the facility administrator may charge the resident the equivalent of fourteen days occupancy from the earlier of the date of the relocation or the date the facility administrator received proper notice of the resident's intent to relocate. However, if the facility is able to fill the bed vacated by the resident, the facility shall cease charging the resident regardless of the notice given. The facility shall notify the previous resident in writing as soon as it fills the bed with a new resident.  (3) Residents participating in the Optional State Supplementation Program are excluded from the requirements of items (1) and (2).  (F) Each resident or the resident's representative may manage the resident's personal finances unless the facility has been delegated in writing to carry out this responsibility, in which case the resident must be given a quarterly report of the resident's account.  (G) Each resident must be free from mental and physical abuse and free from chemical and physical restraints except those restraints ordered by a physician.  (H) Each resident must be assured security in storing personal possessions and confidential treatment of the resident's personal and medical records and may approve or refuse their release to any individual outside the facility, except in the case of a transfer to another health care institution or as required by law or a third party payment contract.  (I) Each resident must be treated with respect and dignity and assured privacy during treatment and when receiving personal care.  (J) Each resident must be assured that no resident will be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident.  (K) The legal guardian, family members, and other relatives of each resident must be allowed immediate access to that resident, subject to the resident's right to deny access or withdraw consent to access at any time. Each resident without unreasonable delay or restrictions must be allowed to associate and communicate privately with persons of the resident's choice and must be assured freedom and privacy in sending and receiving mail. The legal guardian, family members, and other relatives of each resident must be allowed to meet in the facility with the legal guardian, family members, and other relatives of other residents to discuss matters related to the facility, so long as the meeting does not disrupt resident care or safety.  (L) Each resident may meet with and participate in activities of social, religious, and community groups at the resident's discretion unless medically contraindicated by written medical order.  (M) Each resident must be able to keep and use personal clothing and possessions as space permits unless it infringes on another resident's rights.  (N) Each resident must be assured privacy for visits of a conjugal nature.  (O) Married residents must be permitted to share a room unless medically contraindicated by the attending physician in the medical record.  (P) A resident or a resident's legal representative may contract with a person not associated with or employed by the facility to perform sitter services unless the services are prohibited from being performed by a private contractor by state or federal law or by the written contract between the facility and the resident. The person, being a private contractor, is required to abide by and follow the policies and procedures of the facility as they pertain to sitters and volunteers. The person must be selected from an approved list or agency and approved by the facility. All residents or residents' legal representatives employing a private contractor must agree in writing to hold the facility harmless from any liability.  HISTORY: 1985 Act No. 118, Section 4; 1992 Act No. 474, Section 1; 1994 Act No. 438, Section 1; 2014 Act No. 170 (H.3098), Section 1, eff May 16, 2014.
 Each resident must be offered treatment without discrimination as to sex, race, color, religion, national origin, or source of payment.  HISTORY: 1985 Act No. 118, Section 5.
 Each facility shall establish grievance procedures to be exercised by or on behalf of the resident to enforce the rights provided by this act. The department shall review and approve these grievance procedures annually. This act is enforced by the department. The department may promulgate regulations to carry out the provisions of this act.  HISTORY: 1985 Act No. 118, Section 6.
 No facility by or through its owner, administrator, or operator, or any person subject to the supervision, direction, or control of the owner, administrator, or operator shall retaliate against a resident after the resident or the resident's legal representative has engaged in exercising rights under this act by increasing charges, decreasing services, rights, or privileges, or by taking any action to coerce or compel the resident to leave the facility or by abusing or embarrassing or threatening any resident in any manner.  HISTORY: 1985 Act No. 118, Section 7.  
 As used in this chapter:  (1) "Asbestos abatement entity" means any individual, partnership, firm, association, corporation, sole proprietorship, or other business concern, as well as an employee or member of a governmental, religious, or social organization, that is involved in asbestos abatement.  (2) "Asbestos project" means an activity associated with abatement, including inspection, design, air monitoring, in-place management, encapsulation, enclosure, renovation, repair, removal, any other disturbance of regulated asbestos-containing materials, and demolition of a regulated facility.  (3) "Contractor" means an individual partnership, corporation, or other business concern that performs asbestos abatement for a facility owner which is not a permanent employee of the facility owner.  (4) "Department" means the South Carolina Department of Health and Environmental Control.  HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
 (A) Asbestos abatement entities performing asbestos projects shall, before beginning work on a project, obtain an asbestos project license from the department. The license must be obtained for each project, and the fee for the license must be based on the square footage, linear footage, or volume of asbestos involved in the in-placement management, removal, encapsulation, enclosure, renovation, repair, or any other disturbance of regulated asbestos-containing materials.  (B) The department may prescribe appropriate license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department may by regulation define special projects and prescribe alternate procedures and fees for licensing special projects.  HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
 An asbestos abatement entity involved in an asbestos project other than a demolition shall obtain a license from the department. The department may prescribe license application forms and may require documentation to be attached to the application which is sufficient to verify that the appropriate fee is paid. The department by regulation may define categories and requirements for licensing of personnel who perform asbestos abatement work.  HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
 (A) The department may promulgate and enforce regulations to implement this chapter and to prescribe standards of performance for asbestos removal operations and criteria for obtaining the licenses required by this chapter.  (B) The department by regulation may establish fees sufficient to cover reasonable costs associated with the development, processing, and administration of the asbestos program. These costs may include, but are not limited to, staff, equipment, training, legal services, inspection and investigations, and enforcement activities.  HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.
 A person violating a provision of this chapter may be assessed a civil penalty by the department in an amount not exceeding ten thousand dollars for each violation.  HISTORY: 1988 Act No. 431; 2005 Act No. 167, Section 1, eff June 7, 2005.  
 This act may be cited as the "Birthing Center Licensure Act".  HISTORY: 1987 Act No. 99 Section 1.
 The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against any person for establishing, conducting, managing, or operating any birthing center without obtaining a license as provided in this chapter. In charging any defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did establish, conduct, manage, or operate the birthing center without a license, without averring any further or more particular facts concerning the charge.  Any person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for a first offense and five hundred dollars for each subsequent offense. Each day the facility or program operates without a license after notice is considered a subsequent offense.  HISTORY: 1987 Act No. 99 Section 10.  
 The purpose of this chapter is to promote the health and safety of women and newborns by providing for the licensing and regulation of birthing centers.  HISTORY: 1987 Act No. 99 Section 2.
 As used in this chapter:  (1) "Birthing center" means a facility or other place where human births are planned to occur. This does not include the usual residence of the mother or any facility which is licensed as a hospital.  (2) "Board" means the South Carolina Board of Health and Environmental Control.  (3) "Certified Nurse-Midwife (CNM)" means a person educated in the discipline of nursing and midwifery, certified by examination by the American College of Nurse-Midwives, and licensed by the State Board of Nursing as a Registered Nurse.  (4) "Department" means the South Carolina Department of Health and Environmental Control.  (5) "Lay midwife" means an individual so licensed by the department.  (6) "Low risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal, uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health.  (7) "Midwifery" means the application of scientific principles in the care of "with woman" care during uncomplicated pregnancy, birth, and puerperium including care of the newborn, support of the family unit, and gynecologic health care.  (8) "Person" means a natural individual, private or public organization, political subdivision, or other governmental agency.  (9) "Physician" means a doctor of medicine or osteopathy with training in obstetrics or midwifery and licensed by the South Carolina State Board of Medical Examiners to practice medicine.  HISTORY: 1987 Act No. 99 Section 3.
 No person may establish, conduct, or maintain a birthing center without first obtaining a license from the department. The license is effective for a twelve-month period following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter or the regulations promulgated thereunder.  HISTORY: 1987 Act No. 99 Section 4.
 A fee of two hundred dollars is charged for each license. The fees must be used in the funding of this program.  HISTORY: 1987 Act No. 99 Section 5.
 The department shall require reports from, regulate, investigate, and inspect all birthing centers and records of these facilities as necessary and promulgate regulations in accordance with the Administrative Procedures Act to carry out the purposes of this chapter. The regulations must include, but not be limited to, the following requirements:  (1) Births planned to occur at a birthing center must be restricted to low-risk births following normal, uncomplicated pregnancy.  (2) Birthing centers shall provide care by physicians, certified nurse-midwives, or licensed lay-midwives to childbearing women during pregnancy, birth, and puerperium.  (3) A physician must be on call and available to provide medical assistance at the birthing center at all times that it is serving the public.  (4) A physician shall make a written determination that the planned birth is low risk.  The regulations also must provide that any birthing center which is in operation at the time of promulgation of these regulations is given a reasonable period of time, not to exceed one year from the date of the promulgation, within which to comply with the regulations.  HISTORY: 1987 Act No. 99 Section 6.
 Information received by the department through inspection or as otherwise authorized must not be disclosed publicly in a manner as to identify individuals, facilities, or programs except in a proceeding involving the question of licensing or the revocation of a license or unless ordered to do so by a court of competent jurisdiction.  HISTORY: 1987 Act No. 99 Section 7.
 (A) The department upon proper notice and opportunity for hearing in accordance with the Administrative Procedures Act and department regulations may deny, suspend, or revoke licenses or assess a monetary penalty on any of the following grounds:  (1) failure to establish or maintain proper standards of care and service as prescribed by the department;  (2) conduct or practice detrimental to the health or safety of patients, families, or employees of any facility or programs. This provision does not apply to any healing practices authorized by law;  (3) violations of any provisions of this chapter or the regulations promulgated under this chapter.  (B) If an existing facility has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the patients served, the department may suspend immediately the license of the facility. After the suspension, proper notice and opportunity for hearing must be provided.  HISTORY: 1987 Act No. 99 Section 8.
 Any applicant or licensee who is aggrieved with a final decision of the department as a result of the hearing provided for by Section 44-85-80 may appeal to the appropriate court for judicial review pursuant to the Administrative Procedures Act.  HISTORY: 1987 Act No. 99 Section 9.
 There is hereby created the State Department of Mental Health which shall have jurisdiction over all of the State's mental hospitals, clinics and centers, joint State and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.  HISTORY: 1962 Code Section 32-917; 1964 (53) 2078; 1969 (56) 653.
 The commission may:  (1) prescribe the form of and information to be contained in applications, records, reports, and medical certificates provided for under this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, Chapter 48, and Chapter 52;  (2) require reports from the director of a state hospital relating to the admission, examination, diagnosis, discharge, or conditional discharge of a patient;  (3) investigate complaints made by a patient or by a person on behalf of a patient;  (4) adopt regulations not inconsistent with this chapter, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 22, Chapter 23, Chapter 24, Chapter 27, Chapter 48, and Chapter 52 as it may find to be reasonably necessary for the government of all institutions over which it has authority and of state mental health facilities and the proper and efficient treatment of persons with a mental illness or substance abuse disorder;  (5) take appropriate action to initiate and develop relationships and agreements with state, local, federal, and private agencies, hospitals, and clinics as the commission considers necessary to increase and enhance the accessibility and delivery of emergency and all other types of mental health services.  HISTORY: 1962 Code Section 32-924; 1952 Code Section 32-954; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042; 1958 (50) 1634; 1979 Act No. 42 Section 2; 1993 Act No. 37, Section 1; 2000 Act No. 253, Section 2; 2008 Act No. 266, Section 5, eff June 4, 2008.
 The Mental Health Commission may accept on behalf of the Department of Mental Health or any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the Department. The Commission may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The Commission may promulgate rules and regulations governing the disposition of such gifts and grants.  HISTORY: 1962 Code Section 32-923; 1971 (57) 473.
 The Commission shall submit an annual report to the Governor before the eleventh day of January of each year setting forth its activities, the financial affairs and the state and condition of the State mental health facilities and any other statistical information which is usually required of facilities of the type over which it has charge. The report shall include any recommendations which in the opinion of the Commission will improve the mental health program of the State. A copy of the report shall also be submitted to the General Assembly.  HISTORY: 1962 Code Section 32-927; 1952 Code Section 32-988; 1951 (47) 734; 1952 (47) 2042.
 Wherever in the 1976 Code reference is made to the State Hospital, it shall mean a state hospital; wherever reference is made requiring the signature of the superintendent of any mental health facility, it shall mean the superintendent or his designee; and wherever reference is made to the State Commissioner of Mental Health, it shall mean the State Director of the Department of Mental Health.  HISTORY: 1962 Code Section 32-920.4; 1964 (53) 2078; 1993 Act No. 181, Section 1075.  
 All the powers and duties vested in the South Carolina Mental Health Commission immediately prior to March 26, 1964 are hereby transferred to and vested in the Department of Mental Health. All records, files and other papers belonging to the South Carolina Mental Health Commission shall be continued as part of the records and files of the Department of Mental Health.  HISTORY: 1962 Code Section 32-918; 1964 (53) 2078; 1993 Act No. 181, Section 1070.
 (A)(1) There is created the governing board for the State Department of Mental Health known as the South Carolina Mental Health Commission. The commission shall consist of seven members, one from each congressional district, appointed by the Governor, upon the advice and consent of the Senate.  (2) The Governor shall consider consumer and family representation when appointing members.  (B) The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.  (C) The commission shall determine policies and promulgate regulations governing the operation of the department and the employment of professional and staff personnel.  (D) The members shall receive the same subsistence, mileage, and per diem provided by law for members of state boards, committees, and commissions.  HISTORY: 1962 Code Section 32-919; 1964 (53) 2078; 1967 (55) 699; 1991 Act No. 33, Section 1; 1993 Act No. 181, Section 1071; 2012 Act No. 222, Section 12, eff June 7, 2012.  Editor's Note  2012 Act No. 222, Section 15, provides as follows:  "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
 The Mental Health Commission shall appoint and remove a State Director of Mental Health, who is the chief executive of the State Department of Mental Health. Subject to the supervision and control of the Mental Health Commission, the state director shall administer the policies and regulations established by the commission. The director must be a person of proven executive and administrative ability with appropriate education and substantial experience in the field of mental illness treatment. The director must appoint and remove all other officers and employees of the Department of Mental Health, subject to the approval of the Mental Health Commission.  HISTORY: 1962 Code Section 32-920; 1964 (53) 2078; 1967 (55) 699; 1985 Act No. 62; 1993 Act No. 181, Section 1072.
 The Department of Mental Health may be divided into such divisions as may be authorized by the director of Mental Health and approved by the commission. One of the divisions must be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts. One of the divisions must be a Division for Long Term Care which shall have primary responsibility for care and treatment of elderly persons with mental and physical disabilities to the extent that their needs are not met in other facilities either public or private.  HISTORY: 1962 Code Section 32-920.1; 1964 (53) 2078; 1969 (56) 653; 1976 Act No. 538; 1993 Act No. 181, Section 1073; 2008 Act No. 266, Section 2, eff June 4, 2008.
 The director of the Department of Mental Health may appoint a director of each hospital. Each director must be knowledgeable in the treatment of the mentally ill and in hospital administration. The director of each hospital under the jurisdiction of the Department of Mental Health is responsible for the employment of all personnel at the hospital, subject to the approval of the director of the department. The director of the department may serve as director of one or more hospitals or other mental health facilities.  HISTORY: 1962 Code Section 32-920.2; 1964 (53) 2078; 1980 Act No. 479; 1993 Act No. 181, Section 1074; 2008 Act No. 266, Section 3, eff June 4, 2008.
 The State Department of Mental Health is hereby designated as the State's mental health authority for purposes of administering Federal funds allotted to South Carolina under the provisions of the National Mental Health Act, as amended. The State Department of Mental Health is further designated as the State agency authorized to administer minimum standards and requirements for mental health clinics as conditions for participation in Federal-State grants-in-aid under the provisions of the National Mental Health Act, as amended, and is authorized to promote and develop community mental health outpatient clinics. Provided, that nothing in this article shall be construed to prohibit the operation of outpatient mental health clinics by the South Carolina Medical College Hospital in Charleston. Provided, further, that nothing herein shall be construed to include any of the functions or responsibilities now granted the Department of Health and Environmental Control, or the administration of the State Hospital Construction Act (Hill-Burton Act), as provided in the 1976 Code of Laws and amendments thereto.  HISTORY: 1962 Code Section 32-920.3; 1964 (53) 2078.
 Payments made to a mental health facility which are derived in whole or in part from Federal funds which become available after June 30, 1967, and which are provided with the stipulation that they be used to improve services to patients shall not be considered fees from paying patients under the terms of Act No. 1100 of 1964 but may be utilized by the State Department of Mental Health to improve South Carolina's comprehensive mental health program.  HISTORY: 1962 Code Section 32-920.3:1; 1967 (55) 719.
 The commission shall:  (1) form a body corporate in deed and in law with all the powers incident to corporations;  (2) cooperate with persons in charge of penal institutions in this State for the purpose of providing proper care and treatment for mental patients confined in penal institutions because of emergency;  (3) inaugurate and maintain an appropriate mental health education and public relations program;  (4) collect statistics bearing on mental illness, drug addiction, and alcoholism;  (5) provide vocational training and medical treatment which must tend to the mental and physical betterment of patients and which is designed to lessen the increase of mental illness, drug addiction, and alcoholism;  (6) encourage the directors of hospitals and their medical staffs in the investigation and study of these subjects and of mental health treatment in general; and  (7) provide a statewide system for the delivery of mental health services to treat, care for, reduce, and prevent mental illness and provide mental health services for citizens of this State, whether or not in a hospital. The system must include services to prevent or postpone the commitment or recommitment of citizens to hospitals.  HISTORY: 1962 Code Section 32-922; 1952 Code Section 32-954; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042; 1979 Act No. 42 Section 1; 2000 Act No. 253, Section 1; 2008 Act No. 266, Section 4, eff June 4, 2008.
 This chapter may be cited as the "South Carolina Infectious Waste Management Act".  HISTORY: 1989 Act No. 134, Section 1.
 All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:  (1) the provisions of Section 44-93-90(A) of this chapter; and  (2) the management of the following infectious waste:  (a) sharps must be managed pursuant to this chapter and any regulations promulgated under this chapter;  (b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;  (c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;  (d) all other infectious waste may be disposed of as other solid waste.  HISTORY: 1989 Act No. 134, Section 1; 1995 Act No. 1, Section 4; 2002 Act No. 351, Section 1, eff July 20, 2002.
 It is unlawful for a person who owns or operates a waste treatment, storage, or disposal facility within this State to accept any infectious waste generated in a jurisdiction which prohibits by law the treatment, storage, or disposal of that infectious waste within that jurisdiction.  HISTORY: 1989 Act No. 134, Section 1.
 Upon promulgation of regulations as specified in Section 44-93-30, no person may operate an infectious waste treatment or disposal facility or generator facility without first obtaining a permit as required by department regulations.  HISTORY: 1989 Act No. 134, Section 1.
 No person may expand or construct a new facility without a permit issued by the department. To obtain a permit, the applicant shall demonstrate the need for a facility or expansion. To determine if there is a need, infectious waste generated out-of-state may not be considered without department approval.  This section does not apply to:  (1) facilities owned by counties, municipalities, or public service districts which accept only infectious waste generated in this State;  (2) facilities that are owned or operated by the generator of the waste and this waste is generated in this State;  (3) generator facilities; or  (4) facilities currently operating under permits issued by the department, or to the renewal of existing permits issued by the department if there is no expansion of the capacity as prescribed in the conditions of the permit.  HISTORY: 1989 Act No. 134, Section 1.
 (A) The director may refuse to issue or renew a registration to transport infectious waste or a permit to operate a facility if he finds that within five years of the application for a registration or permit, the applicant has been:  (1) convicted of a crime involving moral turpitude by a court of law and all appeals have been exhausted;  (2) convicted pursuant to a violation of this chapter or any other laws of this State pertaining to solid or hazardous waste punishable as a felony; or  (3) adjudicated in contempt of a court order pertaining to the enforcement of a provision of this chapter or any other state or federal laws governing hazardous waste.  (B) The director may issue a registration or permit if the person has affirmatively demonstrated rehabilitation. The director, in making this determination, shall consider whether:  (1) the person has established formal controls and environmental auditing programs which would enhance compliance and prevent the occurrence of future violations; and  (2) the personal conduct of the person after the conviction or adjudication as it relates to the provisions and purposes of this chapter and any subsequent recommendations of other persons since rehabilitation.  HISTORY: 1989 Act No. 134, Section 1; 1993 Act No. 181, Section 1150.
 Following the promulgation of the regulations required pursuant to Section 44-93-30, it is unlawful for a person to fail to comply with this chapter or with a procedure or requirement set forth in the regulations.  HISTORY: 1989 Act No. 134, Section 1.
 (A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this chapter, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement or the department may bring civil action for injunctive relief in the appropriate court; or, the department may request that the Attorney General bring civil or criminal enforcement action under subsection (B) or (C) of this section. Violation of a court order issued pursuant to this section is contempt of the issuing court and punishable as provided by law. The department also may invoke civil penalties as provided in this section for violations of the provisions of this chapter, including an order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the Court of Common Pleas.  (B) A person who violates a provision of Section 44-93-140 is liable for a civil penalty not to exceed ten thousand dollars a day of violation.  (C) A person who wilfully violates a provision of Section 44-93-140 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be by a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both.  (D) Each day of noncompliance with an order issued pursuant to this chapter or noncompliance with a permit, regulation, standard, or requirement pursuant to this chapter constitutes a separate offense.  HISTORY: 1989 Act No. 134, Section 1.
 (A) There is a fee on the treatment of infectious waste in this State equal to thirty dollars a ton for the first one thousand five hundred tons in a month and eight dollars a ton in excess of one thousand five hundred tons a month on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter.  (B) The owner or operator of a facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:  (1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;  (2) a check made payable to the department for the fee due for the preceding month;  (3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause.  (C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety.  HISTORY: 1989 Act No. 134, Section 1; 1990 Act No. 612, Part II, Section 6A; 1994 Act No. 497, Part II, Section 30B; 1997 Act No. 155, Part II, Section 78A.
 The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund.  HISTORY: 1994 Act No. 497, Part II, Section 30A; 1997 Act No. 155, Part II, Section 78B.
 The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds three hundred fifty thousand dollars, all fees remaining after funding the Infectious Waste Program Fund must be placed in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.  HISTORY: 1989 Act No. 134, Section 1; 1990 Act No. 612, Part II, Section 6B; 1992 Act No. 501, Part II Section 20A; 1994 Act No. 497, Part II, Section 30C; 1996 Act No. 458, Part II, Section 103.
 The department shall assign as may be necessary a health inspector to serve at a commercial infectious waste treatment facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling, treatment, and disposal of infectious waste at these sites. The department shall establish a fee schedule to cover the costs of implementing this inspection program. The fee must be collected from the commercial infectious waste facilities based upon the amount of infectious waste received.  HISTORY: 1989 Act No. 134, Section 1.
 This chapter does not apply to the treatment or disposal of hazardous waste regulated under the South Carolina Hazardous Waste Management Act.  HISTORY: 1989 Act No. 134, Section 1.
 (A) "Infectious waste" or "waste" means:  (1) sharps;  (2) cultures and stocks of infectious agents and associated biologicals;  (3) human blood and blood products;  (4) pathological waste;  (5) contaminated animal carcasses, body parts, and bedding of animals intentionally exposed to pathogens; and  (6) isolation waste pursuant to the "Guidelines for Isolation Precautions in Hospitals", Centers for Disease Control.  Nothing in this chapter prohibits a generator of infectious wastes from designating and managing wastes in addition to those listed above as infectious wastes.  (B) "Infectious waste management" means the systematic control of the collection, source separation, storage, transportation, treatment, and disposal of infectious wastes.  (C) "Board" means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Infectious Waste Management Act.  (D) "Director" means the director of the department or his authorized agent.  (E) "Containment" means the packaging of infectious waste or the containers in which infectious waste is placed.  (F) "Department" means the Department of Health and Environmental Control, including personnel of the department authorized by the board to act on behalf of the department or board.  (G) "Dispose" means to discharge, deposit, inject, dump, spill, leak, or place any infectious waste into or on any land or water including groundwater so that the substance may enter the environment or be emitted into the air or discharged into any waters, including groundwater.  (H) "Facility" means a location or site within which infectious waste is treated, stored, or disposed of.  (I) "Generator" means the person producing infectious waste except waste produced in a private residence.  (J) "Generator facility" means a facility that treats infectious waste that is owned or operated by a combination or association of generators, a nonprofit professional association representing generators or a nonprofit corporation controlled by generators, nonprofit foundation of hospitals, or nonprofit corporations wholly owned by hospitals, if the waste is generated in this State and treatment is provided on a nonprofit basis.  (K) "Person" means an individual, partnership, co-partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the State, county, or local government, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns.  (L) "Storage" means the actual or intended holding of infectious wastes, either on a temporary basis or for a period of time, in the manner as not to constitute disposing of the wastes.  (M) "Transport" means the movement of infectious waste from the generation site to a facility or site for intermediate storage.  (N) "Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of infectious waste so as to sufficiently reduce or eliminate the infectious nature of the waste.  (O) "Expand" means an increase in the capacity of the facility or an increase in the quantity of infectious waste received by a facility that exceeds a permit condition.  HISTORY: 1989 Act No. 134, Section 1; 1993 Act No. 181, Section 1148.
 (A) Annually the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted infectious waste treatment facility may treat more than the amount the department allows it to treat by permit.  (B) For purposes of this section, a permitted infectious waste treatment facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units.  HISTORY: 1990 Act No. 612, Part II, Section 6C; 1996 Act No. 307, Section 1; 1997 Act No. 155, Part II, Section 78C.
 From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.  HISTORY: 1990 Act No. 612, Section 6D, Part II.
 The provisions of Sections 44-93-210 and 44-93-220 must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of Sections 44-93-210 and 44-93-220 which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.  HISTORY: 1990 Act No. 612, Part II, Section 6E.
 In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this section is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.  HISTORY: 1990 Act No. 612, Part II, Section 6F.  
 The department shall promulgate regulations, procedures, or standards necessary to carry out the provisions of this chapter and to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound infectious waste management. The regulations must address, without limitation, criteria for determining whether waste is within the definition of infectious waste, standards for containment, storage, and treatment of infectious waste, report and recordkeeping requirements, procedures and requirements for registration as generators, facilities, and transporters of infectious waste, and for conditions and issuance of permits.  HISTORY: 1989 Act No. 134, Section 1.
 (A) To carry out the provisions and purposes of this chapter, the department may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or facility in which infectious waste is generated or managed; and issue, deny, revoke, suspend, or modify registration, permits, or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites. No permit or registration may be revoked without first providing an opportunity for a hearing as provided pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.  (B) After the declaration of a public health emergency, as defined in Section 44-4-130, the department may exercise, for such period as the state of public health emergency exists, the following powers, in addition to any existing powers it has, for the safe disposal of infectious waste:  (1) to adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste;  (2) to require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State, and any landfill business or other such property, to accept infectious waste or provide services or the use of the business, facility, or emergency. When necessary during the state of the public health emergency, the business or facility must coordinate with the department on the management or supervision of the business or facility; and  (3) to procure, by order or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State and any landfill business or other such property as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.  HISTORY: 1989 Act No. 134, Section 1; 2002 Act No. 339, Section 26, eff July 2, 2002.
 The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to:  (1) entering the premises at any time where the infectious waste is located in order to assess what actions may be necessary;  (2) issuing or modifying an order directing the person responsible for the waste to take the steps necessary to prevent the act or eliminate the practice which constitutes the hazard;  (3) commencing an action enjoining the acts or practices. Upon a showing by the department that a person has engaged in the acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted;  (4) inspecting and obtaining samples from a person of any wastes, including samples from a vehicle in which wastes are being transported, as well as samples of a container or label. If available, upon request, the department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge of the waste. The department also shall provide the owner, operator, or agent in charge with a copy of the results of an analysis of the samples once the results have been evaluated properly by the department to determine their validity.  HISTORY: 1989 Act No. 134, Section 1; 1993 Act No. 181, Section 1149.
 (A) Storage of infectious waste must be in such a manner and location which affords protection from animals and weather conditions and which minimize exposure to the public.  (B) Infectious waste must be segregated from other waste at the point of origin and maintained in separate containers until it is treated.  (C) Infectious waste must be contained in approved disposable or reusable containers that are appropriate for the type and quantity of waste, must withstand handling, transfer, and transportation without impairing the integrity of the container, must be closed tightly and secured, and are compatible with selected storage and treatment processes.  (D) Sharps must be contained in rigid, puncture-resistant containers which are secured tightly to preclude loss of the contents.  (E) Containers of infectious waste must be labeled properly, clearly identifiable as infectious waste, and readily distinguishable from other waste.  (F) Infectious waste must be stored under conditions and for periods of time as provided pursuant to regulations.  HISTORY: 1989 Act No. 134, Section 1.
 (A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained and that occupational hazards are minimized.  (B) No infectious waste may be received for transportation or transported into or within this State if it is not properly contained, identified, labeled, and manifested pursuant to department regulations.  HISTORY: 1989 Act No. 134, Section 1.
 (A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120.  (B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated under this chapter and any other applicable state or federal law and regulations:  (1) incineration;  (2) steam sterilization;  (3) chemical disinfectant; or  (4) any other department-approved treatment method.  (C) After treatment, the waste may be disposed of as any other waste if it is not subject to any other state or federal regulation.  (D) The following infectious waste may be disposed of pursuant to regulation before treatment:  (1) an approved liquid or semi-liquid waste may be discharged directly into a department-approved wastewater disposal system; and  (2) recognizable human anatomical remains may be disposed of by interment.  HISTORY: 1989 Act No. 134, Section 1.
 (A) All in-state generators of infectious waste shall register with the department within ninety days after regulations are promulgated by the department.  (B) Pursuant to regulations, all generators of infectious waste shall place proper, clearly legible, generator identification on all labels and containers of infectious waste before transfer or transportation.  HISTORY: 1989 Act No. 134, Section 1.
 This chapter may be cited as the Clean Indoor Air Act of 1990.  HISTORY: 1990 Act No. 503, Section 1.
 It is unlawful for a person to smoke or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for in this chapter:  (1) public schools and preschools;  (2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other childcare facilities, as defined in Section 63-13-20, which are licensed pursuant to Chapter 13, Title 63;  (3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;  (4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas. However, smoking policies in the State Capitol and Legislative Office Buildings must be determined by the office of government having control over its respective area of the buildings. "Government buildings" means buildings or portions of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings which are leased to other organizations or corporations;  (5) elevators;  (6) public transportation vehicles, except for taxicabs;  (7) arenas and auditoriums of public theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance; and  (8) buildings, or portions of buildings, and the outside areas immediately contiguous to these buildings owned, leased, operated, or maintained by a public institution of higher learning, as defined in Section 59-103-5, that the governing board of the institution has designated as nonsmoking.  HISTORY: 1990 Act No. 503, Section 2; 1994 Act No. 289, Section 1; 1996 Act No. 445, Section 1; 2012 Act No. 188, Section 1, eff June 7, 2012; 2019 Act No. 25 (H.3420), Section 4, eff April 26, 2019.  Effect of Amendment  2019 Act No. 25, Section 4, rewrote (1), eliminating the exclusion for private offices and teacher lounges.
 In areas where smoking is permitted in Section 44-95-20, the owner, manager, or agent in charge of the premises or vehicle referenced in Section 44-95-20 shall conspicuously display signs designating smoking and nonsmoking areas alike, except that signs are not required in private offices.  HISTORY: 1990 Act No. 503, Section 3.
 In complying with Section 44-95-30, the owner, manager, or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.  HISTORY: 1990 Act No. 503, Section 4.
 A person who violates Section 44-95-20, 44-95-30 or 44-95-40 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.  HISTORY: 1990 Act No. 503, Section 5.
 No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.  HISTORY: 1990 Act No. 503, Section 6.  
 This chapter is known and may be cited as the "South Carolina Solid Waste Policy and Management Act of 1991".  HISTORY: 1991 Act No. 63, Section 1.
 (A) Whenever the department determines that a person is in violation of a regulation promulgated pursuant to this article regarding Sections 44-96-160(X) (Used Oil), 44-96-170(H) (Waste Tires), or 44-96-190(A) (Yard trash, compost), the department may issue an order requiring the person to comply with the regulation or the department may bring civil action for injunctive relief in the appropriate court or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties not to exceed ten thousand dollars, for each day of violation, for violations of the regulations promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A). After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board of the court of common pleas, pursuant to the Administrative Procedures Act.  (B) A person who wilfully or with gross negligence or recklessness violates a permit, permit condition, or final determination or order of the department, or a regulation promulgated pursuant to this article regarding Sections 44-96-160(X), 44-96-170(H), or 44-96-190(A) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment must be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of the subsection do not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.  (C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, order, or requirement established under Sections 44-96-160, 44-96-170, or 44-96-190 constitutes a separate offense.  (D) In addition to the other powers and duties set forth in this article, the department shall:  (1) establish such programs and promulgate such regulations as are necessary to implement the state solid waste management plan;  (2) establish such programs and promulgate such regulations as are necessary to implement the provisions of this article;  (3) provide to local governments, upon request, planning and technical assistance in preparing and implementing their solid waste management plans;  (4) provide to state agencies, upon request, planning and technical assistance in carrying out their responsibilities under this article;  (5) cooperate and coordinate with federal agencies in carrying out federal and state solid waste management requirements, including seeking available federal grants and loans for solid waste management plans and activities in this State;  (6) cooperate and coordinate with private organizations and with business and industry in implementing the requirements of this article;  (7) encourage counties to pursue a regional approach to solid waste management within a common geographical area;  (8) contract as needed with private entities or with state-supported educational institutions to carry out the department's responsibilities under this article, and contract with private entities or with state-owned educational institutions to conduct research on solid waste management technologies;  (9) receive appropriated funds and receive and administer grants or other funds or gifts from public or private entities, including the state and the federal government, to carry out the requirements of this article; and  (10) increase public awareness of solid waste management issues through appropriate statewide educational programs on recycling, volume reduction, litter control, proper methods of managing solid waste, and other related issues.  HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 2; 2021 Act No. 67 (H.3222), Section 1, eff May 17, 2021.  Effect of Amendment  2021 Act No. 67, Section 1, in (B), in the first sentence, substituted "or with gross negligence or recklessness violates a permit, permit condition, or final determination or order of the department, or a regulation" for "violates a regulation".
 All regulations promulgated by the department pursuant to this chapter must be in consultation with officials representing local governments which own or operate municipal solid waste disposal facilities, pursuant to the Administrative Procedures Act.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Ninety days after this chapter is effective there shall be established within the department an Office of Solid Waste Reduction and Recycling which shall promote and assist in the development of source separation, recovery, and recycling programs for local governments and for private entities under a contractual agreement with local governments or state-supported institutions. The Office of Solid Waste Reduction and Recycling shall be separate from, and shall not participate in, any of the regulatory functions of the department with regard to solid waste management.  (B) The Office of Solid Waste Reduction and Recycling shall have the following duties and responsibilities:  (1) receive funds for and disburse funds from the Solid Waste Management Trust Fund established in Section 44-96-120;  (2) manage the Solid Waste Management Grant Program established in Section 44-96-130;  (3) promote and assist in the development of solid waste reduction, source separation, recycling, household hazardous materials management programs, and resource recovery programs;  (4) maintain a directory of recycling and resource recovery systems in the State and provide assistance in matching recovered materials with markets;  (5) provide for the education of the general public and the training of solid waste management professionals to encourage recycling and solid waste reduction;  (6) develop descriptive literature to educate local governments on solid waste reduction and recycling issues.  (C) The Office of Solid Waste Reduction and Recycling shall develop guidelines for the establishment and implementation of recycling education grants to school districts and public and private schools to establish waste reduction and recycling education programs. The office shall develop guidelines for the establishment and implementation of recycling education grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects. The office shall notify the superintendent of each school district and each public and private school and public and private college and university of the existence of the grant programs and provide information on how to apply for the program. Upon request of the school, the office shall provide technical assistance. The office shall determine the number of grant projects that may be feasibly initiated in a single calendar year. The office, in consultation with the Department of Education, also shall develop and make available to public and private schools, upon request, curriculum materials and resource guides for recycling awareness programs for instruction at the elementary, middle, and high school levels.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 7.
 (A) There is established a Solid Waste Management Trust Fund to be administered by the Office of Solid Waste Reduction and Recycling to fund:  (1) activities of the department to implement the provisions of this chapter;  (2) research by state-supported educational institutions or by private entities under contract with state-supported educational institutions on solid waste management technologies;  (3) activities of the Recycling Market Development Advisory Council including its staff in the amount of one hundred thousand dollars from the Solid Waste Management Trust Fund for fiscal year 1994-95;  (4) demonstration projects or pilot programs to be conducted by local governments within their jurisdictions, including local governments which contract with private entities to assist in conducting the demonstration projects or pilot programs;  (5) grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-96-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article;  (6) grants to school districts and public and private schools to establish waste reduction and recycling education programs;  (7) grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects; and  (8) the activities of the Solid Waste Emergency Fund through the transfer of funds on a quarterly basis pursuant to the provisions of Section 44-96-85.  (B) The Solid Waste Management Trust Fund shall consist of:  (1) funds appropriated by the General Assembly;  (2) contributions and grants from public and private sources;  (3) funds generated by the out-of-state disposal fee authorized pursuant to Section 44-96-80;  (4) the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-96-170(N), which is not remitted back to the counties for the management of waste tires; these funds shall be remitted to a special fund designated as the Waste Tire Trust Fund;  (5) funds generated by the two-dollar fee for each lead-acid battery fee imposed pursuant to Section 44-96-180(F) for the management of lead-acid batteries;  (6) funds generated by the two-dollar fee for each white good fee imposed pursuant to Section 44-96-200(D) for the management of white goods;  (7) funds generated by fees imposed on motor oil and similar lubricants pursuant to Section 44-96-160(W);  (8) interest earnings accrued on the Solid Waste Management Trust Fund; and  (9) three million dollars of oil overcharge refund monies to be awarded to this fund by the Governor, upon enactment of this chapter; in addition, the Office of Solid Waste Reduction and Recycling will advise the Governor on solid waste project criteria contained within oil overcharge fund competitive grant solicitations totalling one million dollars each over the next two years, to be used only for local government grants and local government demonstration projects and pilot programs. The Office of Solid Waste Reduction and Recycling and the Governor's Energy Office shall cooperate to develop the necessary application information and other documentation to implement the requirements of this appropriation.  (C) The department shall report on a quarterly basis to the State Solid Waste Advisory Council, House Ways and Means Committee, Senate Finance Committee, and the Joint Legislative Committee on Energy on the condition of the Solid Waste Management Trust Fund and on the use of all funds allocated from the Solid Waste Management Trust Fund. Quarterly reports shall be made not later than sixty days after the last day of each fiscal quarter beginning with the first full quarter after this chapter is effective. Notwithstanding Chapter 39 of Title 11, the Department of Health and Environmental Control, through the Office of Solid Waste Reduction and Recycling, shall make decisions on the allocation of oil overcharge funds transferred to the Solid Waste Management Trust Fund pursuant to Section 44-96-120(B)(9). The department's decisions shall be made upon the approval of the statewide Solid Waste Advisory Council and after consultation with the Governor's Office and the Joint Legislative Committee on Energy to ensure that the funds are administered according to decisions of the federal courts and requirements of the United States Department of Energy. If all oil overcharge funds transferred to the Solid Waste Management Trust Fund are not committed for projects or programs authorized by this chapter five years from the date this chapter is effective, they shall be returned to the Governor's Office.  (D) The electrical output from a resource recovery facility constructed in whole or in part with monies from the Solid Waste Management Trust Fund shall be sold by competitive bids or requests for proposals, wherein the contracts are awarded to the highest responsible and responsive bidder. If the highest bid does not equal or exceed the avoided cost price which could be obtained under the Public Regulatory Policy Act of 1978, said power will be disposed of pursuant to the Federal Act. For the purposes of this subsection "responsible bidder" shall mean a corporation doing business in South Carolina who is an electric supplier as defined in Section 58-27-610, an electric cooperative incorporated under Chapter 49 of Title 33, a South Carolina municipality owning retail distribution facilities on the effective date of this chapter, or the South Carolina Public Service Authority.  (E) The revenue generated by the sale of electricity from a resource recovery facility funded in whole or in part by a grant under this section which is in whole or in part owned by a municipality, county, or consolidated political subdivision, must be used for reduction of the public cost for collection, separation, and disposal of solid waste or environmental concerns related to disposal of solid waste, including reasonable expenses of operation of the facility, or both. Revenue generated from the sale of electricity by such resource recovery facility may not be commingled with other public funds.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1152; 1994 Act No. 497, Part II, Section 124A, eff July 1, 1994; 2000 Act No. 405, Sections 8, 9; 2018 Act No. 170 (H.4644), Section 2, eff May 3, 2018.  Editor's Note  The out-of-state disposal fee referred to in paragraph (B)(3) was deleted by Act 405 of 2000.  Effect of Amendment  2018 Act No. 170, Section 2, in (A), added (8); and made nonsubstantive changes.
 (A) The Office of Solid Waste Reduction and Recycling shall establish a grant program utilizing funds within the Solid Waste Management Trust Fund to assist local governments and regions in carrying out their responsibilities under this article. Grant disbursements must be approved by the State Solid Waste Advisory Council.  (B) The department shall ensure that all grant funds made available to local governments and regions shall be utilized for activities necessary to carry out their solid waste management responsibilities established by this article. All grant funds made available to public and private schools and public and private colleges and universities must be used for waste reduction and recycling education programs. These grants must be made available as soon as possible following the promulgation by the department of regulations establishing the Solid Waste Management Grant Program. After the date on which county or regional solid waste management plans are required to be submitted to the department, no local government shall be eligible for a grant from the Solid Waste Management Grant Program unless it has submitted a solid waste management plan meeting the requirements of Section 44-96-80. All regional or local government grant proposals must be consistent with the State Solid Waste Management Plan and the county or regional solid waste management plan.  (C) Solid waste management grants must be made available to local governments and regions which have been determined by the department to be in need of assistance in carrying out their responsibilities established by this article. The department shall use information contained in the Solid Waste Management Annual Report to determine which responsibilities of the article have not been met and which local governments are in need of assistance. The requirements of this subsection supersede all rules, regulations, standards, orders, or other actions of the department that are not consistent with this subsection.  (D) Not later than twelve months after this chapter is effective, the Office of Solid Waste Reduction and Recycling shall promulgate regulations establishing the Solid Waste Management Grant Program. Such regulations, at a minimum, shall establish the criteria for counties, regions, and municipalities to qualify for grants, and shall set forth the procedures for applying for grants. The department may require such information of the entity applying for the grant as is necessary to properly evaluate the grant proposal. The department shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input before issuing proposed regulations for comment under this article.  (E) The regulations required to be promulgated by subsection (D) of this section must include procedures for any party aggrieved by a grant decision of the Office of Solid Waste Reduction and Recycling to obtain review of that decision.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 10.
 (A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the Office of the Governor, the Judiciary, each state agency, and each state-supported institution of higher education shall:  (1) establish a source separation and recycling program in cooperation with the department and the Division of General Services of the Department of Administration for the collection of selected recyclable materials generated in state offices throughout the State including, but not limited to, high-grade office paper, corrugated paper, aluminum, glass, tires, composting materials, plastics, batteries, and used oil;  (2) provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both;  (3) evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and  (4) establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.  (B) Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the Division of General Services, Department of Administration.  (C) By November first of each year, the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the Division of General Services, Department of Administration. The report also must review existing procurement regulations for the purchase of products and materials and must identify any portions of such regulations that discriminate against products and materials with recycled content and products and materials which are recyclable.  (D) Not later than one year after this chapter is effective, the Division of General Services, Department of Administration shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable.  (E) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the Office of the Governor, the Judiciary, all state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure products and materials with recycled content and products and materials which are recyclable where practicable, as determined by the Division of General Services, Department of Administration. The list of recycled content specifications must be updated annually. It is the goal of the General Assembly for state and local governmental agencies to reflect a twenty-five percent goal in their procurement policies. The decision not to procure such items shall be based on a determination that such procurement items:  (1) are not available within a reasonable period of time;  (2) fail to meet the performance standards set forth in the applicable specifications; or  (3) are only available at a price that exceeds by more than seven and one-half percent the price of alternative items.  (F) Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of:  (1) compost as a substitute for regular soil amendment products in all highway projects;  (2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials;  (3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and  (4) recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1153; 2000 Act No. 405, Section 11; 2014 Act No. 121 (S.22), Pt V, Section 7.DD, eff July 1, 2015.
 (A) Six months after this chapter is effective, no beverage shall be sold or offered for sale within this State in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.  (B) On or after January 1, 1994, no person may distribute, sell, or offer for sale in this State any food or drink in packages or containers, including point of sale packaging, made with fully halogenated chlorofluorocarbons (CFC's). Producers or manufacturers of all types of containers, packaging, or packing material made from fully halogenated CFC's are strongly urged to introduce alternative containers, packages, and packing materials which are environmentally acceptable as soon as possible. Not later than three years after this chapter is effective, the department shall report to the Governor and to the General Assembly on the progress made in introducing such alternative containers, packages, and packing materials. Such report may include recommendations for legislative actions to encourage or require the development and use of such alternatives.  (C) One year after this chapter is effective, no plastic bag shall be provided at any retail outlet to any retail customer for use in carrying items purchased by that customer unless the bag is composed of material which is recyclable.  (D) One year after this chapter is effective, no plastic rings or any other device or material used to connect one container to another shall be provided at any retail outlet to any retail customer unless such rings or other device or material are degradable or recyclable. Producers of plastic ring carriers are strongly urged to introduce alternatives as soon as possible. Not later than three years after the date of enactment of this chapter, the department shall report to the Governor and to the General Assembly on the progress made in introducing such alternative packaging or materials. Such report may include recommendations for legislative actions to encourage or require the development and use of such alternatives.  (E) One year after this chapter is effective, no person shall distribute, sell, or offer for sale in this State any polystyrene foam product for use in conjunction with food for human consumption unless such product is composed of material which is recyclable.  (F) Not later than eighteen months after this chapter is effective, no person shall distribute, sell, or offer for sale in this State a plastic bottle or rigid plastic container unless such bottle or container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows. The three arrows shall form an equilateral triangle with the common point of each line forming each angle of the triangle at the midpoint of each arrow and rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The label shall appear on or near the bottom of the plastic container product and be clearly visible. The numbers and letters shall be as follows:  (1) for polyethylene terephthalate, the letters "PETE" and the number "1";  (2) for high density polyethylene, the letters "HDPE" and the number "2";  (3) for vinyl, the letter "V" and the number "3";  (4) for low density polyethylene, the letters 'LDPE" and the number "4";  (5) for polypropylene, the letters "PP" and the number "5";  (6) for polystyrene, the letters "PS" and the number "6"; and  (7) for any other, the letters "OTHER" and the number "7".  Nothing in this subsection may prevent a manufacturer or distributor of containers that are produced from a plastic resin not identified in this subsection from adopting a labeling code number and letter that will assist in the segregation and collection of that resin for recycling if the code number and letter used are nationally recognized industry standards.  (G) Not later than five years after this chapter is effective, the department shall make a determination as to the number of beverage containers being sold annually in this State and the percentage of such containers that are being recycled or recovered by individual category of glass, aluminum, and plastic. If the department determines that one or more categories of beverage containers are being recycled at a rate of less than twenty-five percent, the department shall submit a report to the Governor and to the General Assembly making recommendations on incentives, penalties, or both, which may include the imposition of fees to increase the recycling rate of that category to a minimum of twenty-five percent within a reasonable period of time. Seven years after this chapter is effective, the department shall make a determination, by individual category of container, as to the percentage of such containers that are being recycled. If the department determines that one or more categories of beverage containers are being recycled at a rate of less than thirty-five percent, the department shall submit a report to the Governor and to the General Assembly making recommendations, which may include the imposition of appropriate fees, to increase the recycling rate of that category to at least thirty-five percent within a reasonable period of time. The department may, by regulation, establish a program to obtain and verify the information that is necessary to make the determinations and recommendations required by this subsection.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 12.
 (A) Twelve months after this chapter is effective, no person shall knowingly:  (1) place used oil in municipal solid waste, discard or otherwise dispose of used oil, except by delivery to a used oil collection facility, used oil energy recovery facility, oil recycling facility, or to an authorized agent for delivery to a used oil collection facility, used oil energy recovery facility, or oil recycling facility;  (2) dispose of used oil in a solid waste disposal facility unless such disposal is approved by the department;  (3) collect, transport, store, recycle, use or dispose of used oil in any manner which may endanger public health and welfare or the environment;  (4) discharge used oil into sewers, drainage systems, septic tanks, surface water or groundwater, or any other waters of this State, or onto the ground; or  (5) mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.  Notwithstanding any other provision of law, a person who knowingly disposes of any used oil which has not been properly segregated or separated from other solid wastes by the generator is guilty of a violation of this subsection and shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department.  (B) No person shall knowingly dispose of used oil filters in a landfill unless the filter has been crushed to the smallest practical volume possible or unless the filter has been hot drained, as established by the department in regulations.  (C) The utilization of used oil for road oiling, dust control, weed abatement, or other similar uses which has the potential to cause harm to the environment is prohibited.  (D) The department shall encourage the voluntary establishment of used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.  If a hazardous substance is mixed with used oil accepted at a volunteer used oil collection center, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five gallons of used oil was accepted from any one person at any one time.  (E) All government agencies and private businesses that change motor oil for the public and major retail dealers of motor and lubricating oil are encouraged to serve as used oil collection centers.  The Department of Transportation shall establish or contract for at least one used oil collection center in every county unless it can certify to the Office of Solid Waste Reduction and Recycling that a private used oil collection center is in operation in a county and is accepting up to five gallons of used oil from any member of the public.  A retail dealer of motor oil who maintains a separate tank for a voluntary used oil collection center as approved by the department under this section is eligible for a payment from the South Carolina Department of Revenue from fees collected pursuant to subsection (W) of five cents for every gallon of motor oil that is properly returned on a voluntary basis to a registered used oil transporter or permitted used oil recycling facility upon proper verification.  (F) A person who maintains a used oil collection facility that receives a volume of used oil annually, which exceeds a limit to be determined by the department, must register with the department.  (G) A used oil collection center must report annually to the department by a date to be determined by the department and must indicate if it is accepting used oil from the public, the quantities of used oil collected in the previous year, and the total quantity of used oil handled in the previous year.  (H) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection center if such used oil is:  (1) not mixed with any hazardous substance by the owner or operator of the used oil collection center;  (2) not knowingly accepted with any hazardous substances contained in it;  (3) transported from the used oil collection center by a registered transporter; or  (4) stored in a used oil collection center that is in compliance with this section.  This subsection applies only to that portion of the used oil collection center utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of a person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from a member of the public is not mixed with a hazardous substance, if the owner or operator acts in good faith and in the belief the oil is generated from the individual's personal activity.  (I) Any motor, lubricating, or other oil offered for sale, at retail or at wholesale for direct retail sale, for use off the premises, must be clearly marked or labeled as containing a recyclable material which must be disposed of only at a used oil collection center. A statement on a container of lubricating or other oil offered for sale is in compliance with this section if it contains the following statement: "Don't pollute. Conserve resources. Return used oil to collection centers."  (J) Motor oil retailers shall post and maintain, at or near the point of sale, a durable and legible sign, not less than eleven inches by fifteen inches in size, informing the public of the importance of the proper collection and disposal of used oil and how and where used oil may be properly disposed.  (K) The department may inspect any place, building, or premises subject to subsections (I) and (J) and issue warnings and citations to a person who fails to comply with the requirements of those subsections. Failure to comply following a warning shall constitute a violation punishable by a fine not to exceed one hundred dollars per day. Each day on which an establishment fails to comply shall constitute a separate violation. The proceeds of a fine imposed pursuant to this subsection must be remitted to the Solid Waste Management Trust Fund.  (L) The following persons shall register annually with the department pursuant to department regulations on forms prescribed in such regulations:  (1) a person who transports over public highways more than five hundred gallons of used oil weekly;  (2) a person who maintains a collection facility that receives more than six thousand gallons of used oil annually; and  (3) a facility that recycles more than six hundred gallons of used oil annually.  (M) The department shall require each registered person to submit by a date to be determined by the department an annual report which specifies the type and quantity of used oil transported, collected, and recycled during the preceding year. The department also shall require each registered person who transports or recycles used oil to maintain records which identify the:  (1) source of the materials transported or recycled;  (2) quantity of materials received;  (3) date of receipt; and  (4) destination or the end use of the materials.  (N) The department shall require sample analyses of used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.  (O) The following entities are exempted from the requirements of subsection (L):  (1) an on-site burner which only burns a specification used oil generated by the burner, if the burning is done in compliance with any air permits issued by the department; or  (2) an electric utility which generates during its operation used oil that is then reclaimed, recycled, or refined by the electric utility for use in its operations.  (P) A person who fails to register with the department as required by subsection (L), or to file the annual report required by subsection (M), is subject to a fine not to exceed three hundred dollars per day. Each day on which the person fails to comply shall constitute a separate violation. The proceeds of a fine imposed pursuant to this subsection must be remitted to the Solid Waste Management Trust Fund.  (Q) After the effective date of regulations promulgated by the department pursuant to this section, a person who transports over public highways more than five hundred gallons of used oil weekly must be a registered transporter.  (R) The department shall promulgate regulations establishing a registration program for transporters of used oil and shall issue, deny, or revoke registrations authorizing the holder to transport used oil. Registration requirements must ensure that a used oil transporter is familiar with applicable regulations and used oil management procedures. The department shall promulgate regulations governing registration which must include requirements for the following:  (1) registration and annual reporting;  (2) evidence of familiarity with laws and regulations governing used oil transportation; and  (3) proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.  (S) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the department before operating, modifying, or closing the facility.  (T) Not later than eighteen months after this chapter is effective, the department shall develop a permitting system for used oil recycling facilities.  (U) Permits must not be required under subsection (S) for the burning of used oil as a fuel, provided:  (1) a valid air permit, if required, issued by the department is in effect for the facility;  (2) the facility burns used oil in accordance with applicable state and local government regulations, and the requirements and conditions of its air permit; and  (3) the on specification used oil is burned in industrial furnaces and boilers and nonindustrial furnaces and boilers.  (V) No permit is required under this section for the use of used oil for the benefaction or flotation of phosphate rock.  (W)(1) For sales made after October 31, 1991, a person making wholesale sales of motor oil or similar lubricants, and a person importing into this State ex-tax motor oil or similar lubricants, shall pay a fee on a monthly basis of eight cents for each gallon of motor oil or similar lubricants sold at wholesale or ex-tax motor oil or similar lubricants imported. As used in this provision, "ex-tax motor oil or similar lubricants" means motor oil or similar lubricants upon which the fee imposed has not been levied and which is not sold at wholesale in this State. The fee imposed must be imposed only once with respect to each gallon of motor oil or similar lubricants. The South Carolina State Department of Revenue shall administer, collect, and enforce this fee in the same manner the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments pursuant to Section 12-36-2600. Instead of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.  A motor carrier which purchases lubricating oils not for resale used in its fleet is exempt from the fee. The motor carrier must:  (a) have a maintenance facility to service its own fleet and properly store waste oil for recycling collections;  (b) have on file with the Environmental Protection Agency the existence of storage tanks for waste oil storage;  (c) maintain records of the dispensing and servicing of lubrication oil in the fleet vehicles; and  (d) have a written contractual agreement with an approved waste oil hauler.  (2) The Department of Revenue shall remit fees collected pursuant to this section to the Solid Waste Management Trust Fund, less payments made pursuant to subsection (E). The fees must be reserved in a separate account designated as the Petroleum Fund. The Petroleum Fund must be under the administration of the Office of Solid Waste Reduction and Recycling.  The funds generated by the fees authorized by this section and set aside for the Petroleum Fund must be used by the Office of Solid Waste Reduction and Recycling as follows:  (a) Two-fifths of the funds must be used to establish incentive programs to encourage:  (1) individuals who change their own oil to return their used oil to used oil collection centers;  (2) the establishment and continued operation of collection centers which accept used oil, including a one-time rebate to retailers who maintain department approved used oil collection centers for equipment used in the used oil collection process, not to exceed five hundred dollars a location. The used oil collection center must maintain a separate tank for the collection of voluntarily returned used oil to be eligible for this rebate. This rebate must be distributed by the department upon approval of the collection center by the department and submittal of proof of purchase of the equipment.  (3) the establishment and continued operation of recycling facilities which prepare used oil for reuses or which utilize used oil in a manner that substitutes for a petroleum product made from new oil.  (b) Two-fifths of the funds must be used to provide grants for local government projects that the office determines will encourage the collection, reuse, and proper disposal of used oil and similar lubricants. Local government projects may include one or more of the following programs or activities:  (1) curbside pickup of used oil containers by a local government or its designee;  (2) retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the local government;  (3) establishment of publicly operated used oil collection centers at landfills or other public places; or  (4) providing of containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center.  (c) One-fifth of the funds must be used for public education and research including, but not limited to, reuses, disposal, and development of markets for used oil and similar lubricants.  The office may use funds set aside under subitem (a) of item (2) to contract for the development and implementation of incentive programs, and the office may use funds set aside under subitem (c) of item (2) to contract for the development and implementation of research and education programs.  After the fee is imposed upon a distributor, the fee may not be imposed again upon a person who subsequently receives motor oil or similar lubricants from a distributor upon whom the fee already has been imposed.  Motor oil or similar lubricants exported from this State in its original package or container must be exempt from the fee imposed in this section. A person purchasing motor oil or similar lubricants at wholesale in its original package or container and who exports such motor oil or similar lubricants from this State may certify in writing to the seller that the motor oil or similar lubricants will be exported, and such certification, if taken by the seller in good faith, will relieve the seller of the fee otherwise imposed. If the purchaser subsequently uses the motor oil or similar lubricants in this State, the purchaser shall be liable for the fee imposed and the purchaser's certification to the seller must include an acknowledgment to that effect.  (X) The fee imposed under item (W) of this section must be imposed until the unobligated principal balance of the Petroleum Fund equals or exceeds three million dollars. Based upon the amount of revenue received and the time frame in which the amount is collected, the Department of Revenue is required to adjust the rate of the fee to reflect a full year's collection to produce the amount of revenue required in the fund. The increase or decrease in the fee made by the Department of Revenue must take effect for sales beginning on or after the first day of the third month following determination by the commission.  (Y) The department shall promulgate regulations necessary to implement the provisions of this section. Such regulations may include the imposition of reasonable registration and permitting fees to assist in defraying the costs of the regulatory activities of the department required by this section.  (Z) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure used oil materials and products where practicable, subject to the provisions of Section 44-96-140(E).  (AA) Beginning February 28, 1993, and no later than July first each year thereafter, the Office of Solid Waste and Recycling shall submit to the Governor and to the General Assembly a report for the previous calendar year, including:  (1) the number of used oil collection sites available in each county to the general public;  (2) the number and location of used oil collection sites in each county receiving ongoing and start-up assistance from the Office of Solid Waste Reduction and Recycling; and  (3) the amount of used oil collected in each county.  HISTORY: 1991 Act No. 63, Section 1; 1992 Act No. 449, Part V, Sections 5-8; 1993 Act No. 181, Section 1154; 1995 Act No. 145, Part II, Section 50; 2000 Act No. 405, Section 13.
 The Department of Health and Environmental Control, with the approval of the State Auditor, shall contract with one or more qualified, independent certified public accountants on a one-year basis to audit revenues and disbursements from the Solid Waste Management Trust Fund and the Waste Tire Trust Fund established pursuant to Section 44-96-120 and from the Petroleum Fund established pursuant to Section 44-96-160(V). The auditors may audit relevant records of a public or private entity that has submitted, kept, handled, or tracked monies for any of the three funds. This contract must be funded by the Solid Waste Management Trust Fund, the Petroleum Fund, and the Waste Tire Trust Fund.  HISTORY: 2000 Act No. 405, Section 21; 2005 Act No. 164, Section 22, eff June 10, 2005.
 (A) Not later than ninety days after this chapter is effective, the owner or operator of a waste tire site shall notify the department of the site's location and size and the approximate number of waste tires that are accumulated at the site. However, this section does not apply to a manufacturer who disposes only of tires generated in the course of its scientific research and development activities, so long as the waste tires are buried on the facility's own land or that of its affiliates or subsidiaries and the disposal facility is in compliance with all applicable regulations.  (B) Not later than six months after this chapter is effective, the department shall submit to the Governor and to the General Assembly a report on waste tire management and disposal in this State. The report shall, at a minimum, include the following:  (1) the number of waste tires generated in this State and the geographical distribution of the waste tires;  (2) the number and location of existing waste tire sites;  (3) the location of existing waste tire collection sites;  (4) the necessary financial responsibility requirements for sites, haulers, processors, collectors, and disposers of waste tires;  (5) alternative methods of collecting waste tires;  (6) current and future options for waste tire recycling;  (7) methods to establish reliable sources of waste tires for waste tire users; and  (8) types and location of facilities in this State that can utilize waste tires as a fuel source.  (C) State and county solid waste management plans shall include a section on waste tires. The section on waste tires shall provide for public participation in its preparation and shall, as a minimum, include:  (1) an estimate of the number of waste tires currently generated annually within that county or region and a projection of the number of waste tires to be generated during the twenty-year period following the date this chapter is effective;  (2) an estimate of the current capacity in the county to manage waste tire disposal;  (3) an estimate of the annual cost of implementing the approved waste tire disposal plan;  (4) an estimate of the cost of siting, construction, and bringing into operation any new facilities needed to provide waste tire disposal;  (5) the number of waste tires generated in each county and the geographical distribution of such waste tires;  (6) the number and location of existing waste tire sites;  (7) the location of existing waste tire collection sites;  (8) alternative methods of collecting waste tires;  (9) current and future options for waste tire recycling;  (10) methods to establish reliable sources of waste tires for waste tire users; and  (11) types and location of facilities in this county that can utilize waste tires as a fuel source.  (D) Each county is required by the department to participate in ongoing waste tire clean-up enforcement efforts, and no later than twelve months after promulgation of regulations by the department, establish approved waste tire accumulation sites, designate waste tire processing, recycling, and disposal methods to be used, and begin disposal operations in compliance with the applicable regulations. Counties may contract with other counties and with private firms to implement the provisions of this chapter. The department shall administer waste tire management plans for those counties which do not submit proposals.  (E) Counties are prohibited from imposing an additional fee on waste tires generated within the county. However, a county may impose an additional fee on waste tires, heavy equipment tires, and oversized tires that have a greater diameter than the largest tire with a Department of Transportation number. A fee may be charged on waste tires generated outside of South Carolina. Counties may require fleets to provide documentation for proof of purchase on in-state tires. For tires not included in documentation, an additional tipping fee may be charged. Counties may charge a tipping fee of up to one dollar and fifty cents for each tire or up to one hundred fifty dollars a ton for waste tires generated in this State for which no fee has been paid otherwise.  (F) Counties may charge a tipping fee of up to one dollar and fifty cents for each waste tire manufactured in this State or up to one hundred fifty dollars per ton for waste tires manufactured in this State for which no fee has been paid otherwise.  (G) Not later than six months after the department promulgates regulations, a person, except as provided, shall not knowingly deposit whole waste tires in a landfill as a method of ultimate disposal.  (H) Eighteen months after this chapter is effective, a person shall not:  (1) maintain a waste tire collection site unless such site is an integral part of the person's permitted waste tire treatment facility or that person has entered into a contract with a permitted waste tire treatment facility for the disposal of waste tires;  (2) knowingly dispose of waste tires in this State, unless the waste tires are disposed of at a permitted solid waste disposal facility; or  (3) knowingly dispose of or discard waste tires on the property of another in a manner not prescribed by this chapter.  For an interim period to be determined by the department, waste tires may be disposed of at a solid waste disposal facility, a waste tire recycling or processing facility, or a waste tire collection center seeking a permit from the department pursuant to this section. Notwithstanding any other provision of law, a person violating this subsection shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each tire improperly disposed of must constitute a separate violation.  (I) It is the policy of this State to recommend that waste tires be managed at a:  (a) waste tire collection site which is an integral part of a permitted waste tire recycling or processing facility;  (b) permitted waste tire recycling or processing facility; or  (c) permitted waste tire collection center.  (J)(1) Not later than twelve months after this chapter is effective, the department shall promulgate regulations requiring all collectors, processors, recyclers, haulers, and disposers of waste tires to obtain a permit or registration issued by the department.  (2) The regulations promulgated pursuant to this subsection must set forth the requirements for the issuance, denial, suspension, and revocation of such permits or registrations.  (3) After the effective date of the regulations promulgated pursuant to this subsection, a person shall not collect, haul, recycle, or process waste tires unless that person has obtained a permit or registration from the department for that activity or, for an interim period to be determined by the department, is seeking a permit or registration from the department for that activity.  (4) To carry out the purposes and provisions of this section, the department is authorized to:  (a) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety of the environment from the adverse effects of improper, inadequate, or unsound management of waste tires;  (b) issue, deny, suspend, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the management of waste tires; and  (c) conduct inspections and investigations, obtain records of waste tire processing, storage, or hauling activities, obtain samples, and conduct research regarding the operation and maintenance of any waste tire management facility.  (5)(a) The department shall suspend a waste tire processing facility from accepting waste tires when the department determines that the permitted capacity at the facility is exceeded, and after the facility has been provided an opportunity to return to compliance.  (b) Once the department determines that the permitted capacity at the facility is exceeded, the department shall provide a written warning notice to the facility that the permitted capacity has been exceeded and provide seven calendar days to reduce the number of tires at the facility to the permitted limit.  (c) If after seven calendar days the facility has not reduced the number of tires at the facility to the permitted limit, the department will provide written notice to the facility requiring it to cease accepting tires and to reduce the quantity of waste tires and processed tires on-site to no more than eighty percent of the permitted capacity within twenty-one calendar days of receipt of the notice.  (d) If after the twenty-one-day period the facility fails to comply with the requirements of the written notice as verified by the department, the department shall suspend the facility's permit via written notice to the facility and shall remove the permitted facility from the Waste Tire Rebate Facility List pursuant to subsection (O).  (e) The suspension shall remain in effect until the facility has reduced the quantity of waste tires and processed tires on-site to no more than eighty percent of its permitted capacity, as determined by the facility, and verified by the department.  (f) The department shall lift the permit suspension and return the facility to the Waste Tire Rebate Facility List pursuant to the following:  (i) upon verification by the department that the facility has reduced the total quantity of waste tires and processed tires on-site to no more than eighty percent of its permitted capacity; and  (ii) if, upon referenced verification, the facility does not have any additional citations for material violations that remain unresolved.  (g) The permitted facility shall not receive additional waste tires at the facility until the facility has received written notification from the department that the permit suspension has been lifted. However, during the permit suspension, the permitted facility may continue to process tires and sell product.  (h) Each waste tire accepted by the facility during a suspension period shall be deemed a separate violation and may be deemed a wilful violation subject to the provisions of Section 44-96-100(B).  (K) Subsection (J) does not apply to items (1) through (5) if these designated waste tire sites are maintained so as to prevent and control mosquitoes or other public health nuisances as determined by the department:  (1) a tire retailing business where less than one thousand waste tires are kept on the business premises;  (2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is owned or operated by a company that manufactures tires in this State or the tire manufacturer's parent company or its subsidiaries;  (3) a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises;  (4) a permitted solid waste facility with less than two thousand five hundred waste tires temporarily stored on the business premises; or  (5) a person using waste tires for agricultural purposes.  (L) The department shall encourage the voluntary establishment of waste tire collection centers, waste tire treatment facilities, and solid waste disposal facilities to be open to the public for the deposit of waste tires.  (M) The department is authorized to establish incentive programs to encourage individuals to return their used tires to waste tire recycling or processing facilities.  (N) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each new tire sold with a Department of Transportation number to the ultimate consumer, whether or not the tire is mounted by the seller. The wholesaler or retailer receiving new tires from unlicensed wholesalers is responsible for paying the fee imposed by this subsection.  The Department of Revenue shall administer, collect, and enforce the tire recycling fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this subsection must be remitted on a monthly basis. Instead of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed.  The department shall deposit all fees collected to the credit of the State Treasurer who shall establish a separate and distinct account from the state general fund.  The State Treasurer shall distribute one and one-half dollars for each tire sold, less applicable credit, refund, and discount, to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection, processing, or recycling of waste tires generated within the State.  The remaining portion of the tire recycling fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, established under the administration of the South Carolina Department of Health and Environmental Control.  The General Assembly shall review the waste tire disposal recycling fee every five years.  (O)(1) A wholesaler or retailer required to submit a fee pursuant to subsection (N) who delivers or arranges delivery of waste tires to a facility listed on the Waste Tire Rebate Facility List, may apply for a refund of one dollar for each tire delivered. If waste tires generated in this State, on which a fee has been paid, are delivered to a waste tire facility located outside this State, a wholesaler or retailer may apply for a refund of one dollar per tire delivered if the receiving facility is listed on the Waste Tire Rebate Facility List; in no case may a refund be approved for a number of tires delivered in excess of the number of new tires sold by the individual wholesaler or retailer. Verification must be provided as required by the South Carolina State Department of Revenue. All refunds made pursuant to this subsection must be charged against the appropriate county's distributions under subsection (N).  (2) The department shall maintain the list of facilities known as the Waste Tire Rebate Facility List.  (3) The Waste Tire Rebate Facility List shall include department-permitted waste tire processing facilities that fulfill the requirements of a waste tire recycling facility, as defined in Section 44-96-40(68)(d), and facilities located outside of South Carolina that are permitted or approved by the host state and that also fulfill the requirements of a waste tire recycling facility, as defined in Section 44-96-40(68)(d).  (4) The department shall remove from the Waste Tire Rebate Facility List any facility whose permit has been revoked or suspended, until the permit has been reinstated by the department or host state.  (P) The Office of Solid Waste Reduction and Recycling of the Department of Health and Environmental Control may provide grants from the Waste Tire Trust Fund to counties which have exhausted all funds remitted to counties under Section 44-96-170(N), to regions applying on behalf of those counties and to local governments within those counties to assist in the following:  (1) constructing, operating, or contracting with waste tire processing or recycling facilities;  (2) removing or contracting for the removal of waste tires for processing or recycling;  (3) performing or contracting for the performance of research designed to facilitate waste tire recycling; or  (4) the purchase or use of recycled products or materials made from waste tires generated in this State.  (Q) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of ten members appointed by the commissioner representing:  (1) the South Carolina Tire Dealers and Retreaders Association;  (2) the South Carolina Association of Counties;  (3) the South Carolina Association of Regional Councils;  (4) the South Carolina Department of Health and Environmental Control;  (5) tire manufacturers;  (6) the general public;  (7) a public interest environmental organization;  (8) the South Carolina Department of Natural Resources;  (9) the Office of the Governor; and  (10) the South Carolina Municipal Association.  Members of the committee shall serve for terms of three years and until their successors are appointed and qualify.  Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council.  (R) Notwithstanding subsection (N), the department may use funds from the Waste Tire Trust Fund to fund activities of the department to implement provisions of this section to promote the recycling of waste tires and to encourage higher end uses of waste tires. The use of these funds must be reviewed annually by the Waste Tire Committee and the Solid Waste Advisory Council. The Recycling Market Development Advisory Council and the Solid Waste Advisory Council also may make recommendations to the office for use of these funds.  (S) The department shall establish by regulation recordkeeping and reporting requirements for waste tire haulers and collection, processing, recycling, and disposal facilities.  (T) A county failing to comply with the requirements of this section and regulations promulgated under it is not eligible for monies from the Waste Tire Trust Fund.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1155; 1993 Act No. 181, Section 1156; 1998 Act No. 432, Section 17; 2000 Act No. 405, Section 14; 2021 Act No. 67 (H.3222), Section 2, eff May 17, 2021.  Effect of Amendment  2021 Act No. 67, Section 2, rewrote (J) and (O).
 (A) Twelve months after this chapter is effective, no person shall knowingly place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery, except by delivery to:  (1) a lead-acid battery retailer or wholesaler;  (2) a collection, recycling, or recovered material processing facility that is registered by the department to accept lead-acid batteries; or  (3) a permitted secondary lead smelter.  (B) Twelve months after this chapter is effective, no battery retailer shall knowingly dispose of a used lead-acid battery except by delivery to:  (1) the agent of a lead-acid battery wholesaler or the agent of a permitted secondary lead smelter;  (2) a vehicle battery manufacturer for delivery to a permitted secondary lead smelter;  (3) a collection, recycling, or recovered material processing facility that is registered by the department to accept lead-acid batteries; or  (4) a permitted secondary lead smelter.  (C) Any person violating the provisions of subsections (A) or (B) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department. Each lead-acid battery improperly disposed of shall constitute a separate violation.  (D) A person selling lead-acid batteries or offering lead-acid batteries for retail sale in this State shall:  (1) accept, at the point of transfer, lead-acid batteries from customers; and  (2) post written notice, visible to customers, at his place of business which must be at least eight and one-half inches by eleven inches in size and must contain the following language:  (a) "It is illegal to put a motor vehicle battery in the garbage."  (b) "Recycle your used batteries."  (c) "State law requires us to accept motor vehicle batteries for recycling".  (E) No person may recover from the owner or operator of a lead-acid battery collection center any costs of response actions resulting from a release of either a hazardous substance from lead-acid batteries, unless the owner or operator is grossly negligent in the operation of the public lead-acid battery collection center, or recovered materials processing facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of hazardous substances.  (F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per lead-acid battery sold to the ultimate consumer, whether the battery is installed by the seller or not. The retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer.  (G) The lead-acid battery retailer must charge a five dollar refundable deposit for each battery sold for which a core is not returned to the retailer. The deposit must be returned to the consumer if a core is returned to the same retailer within thirty days.  (H) The department shall produce, print, and distribute the notices required by subsection (D) to all lead-acid battery retailers.  (I) Any person selling lead-acid batteries at wholesale or offering lead-acid batteries for sale at wholesale must accept, at the point of transfer, lead-acid batteries from customers.  (J) Not later than eighteen months after this chapter is effective, the department shall promulgate regulations necessary to carry out the requirements of this section. Such regulations may include the imposition of reasonable fees to assist in defraying the costs of the regulatory activities of the department required by this section.  (K) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure recycled lead-acid batteries where practicable, subject to the provisions of Section 44-96-140(D).  (L)(1) Within eighteen months after enactment of this subsection, the department shall conduct a study on the recycling and disposal of small sealed lead-acid batteries.  (2) Within twelve months after completion of the study required in paragraph (1), the department must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill.  HISTORY: 1991 Act No. 63, Section 1; 1992 Act No. 450, Section 4; 1992 Act No. 450, Section 5; 1993 Act No. 181, Section 1157; 2000 Act No. 405, Section 15.
 (A) Not later than twelve months after this chapter is effective, the department shall:  (1) promulgate regulations governing the proper management or disposal, or both, of yard trash and land-clearing debris;  (2) promulgate regulations establishing standards for the production of compost, including requirements necessary to produce hygienically safe compost products for varying applications; and  (3) comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.  (B) Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.  (C) Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.  (D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept at the gate loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility.  (E) Any person violating the provisions of subsections (B) or (C) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department.  (F) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure composted materials and products where practicable, subject to the provisions of Section 44-96-140(D).  HISTORY: 1991 Act No. 63, Section 1; 1992 Act No. 450, Section 6; 1997 Act No. 131, Section 6.
 (A) The General Assembly finds that:  (1) Over three million eight hundred thousand tons of solid waste are generated in South Carolina each year.  (2) On the average, each South Carolinian currently produces approximately four and one-half pounds of solid waste each day.  (3) Unless steps are taken to reduce or recycle the amount of waste produced in this State, over five million tons of solid waste will be generated annually in South Carolina by the year 2000.  (4) Approximately eighty percent of the solid waste generated in South Carolina is landfilled.  (5) There are currently some seventy-nine permitted sanitary landfills in this State.  (6) Most of the permitted landfill capacity will be used within the next ten years. Twenty-three of forty-six counties have ten years or less of landfill space remaining.  (7) Siting of solid waste facilities is becoming increasingly difficult due to the opposition of local residents.  (8) The costs of solid waste management will increase significantly due to decreased landfill capacity and more stringent federal requirements for solid waste management facilities. More stringent federal and state requirements may also force a number of existing solid waste landfills to close.  (9) Insufficient and improper methods of managing solid waste can create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, and create public nuisances.  (10) The economic growth and population growth of our State have required increased industrial production which, together with related commercial and agricultural operations to meet our needs, have resulted in increased amounts of discarded materials.  (11) The continuing technological progress and improvements in methods of manufacturing, packaging, and marketing of consumer products have resulted in an increasing amount of material discarded by the purchasers of these products, necessitating a statewide approach to assist local governments in improving solid waste management practices and to promote more efficient methods of solid waste management.  (12) The failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources, such that maximum resource recovery from solid waste and maximum recycling and reuse of these resources must be considered goals of the State.  (13) A coordinated statewide solid waste management program is needed to protect public health and safety, protect and preserve the quality of the environment, and conserve and recycle natural resources.  (14) The statewide solid waste management program should be implemented through the preparation of a state solid waste management plan and through the preparation by local governments of solid waste management plans consistent with the state plan and with this chapter.  (B) It is the purpose of this article to:  (1) protect the public health and safety, protect and preserve the environment of this State, and recover resources which have the potential for further usefulness by providing for, in the most environmentally safe, economically feasible and cost-effective manner, the storage, collection, transport, separation, treatment, processing, recycling, and disposal of solid waste;  (2) establish and maintain a cooperative state program for providing planning assistance, technical assistance, and financial assistance to local governments for solid waste management;  (3) require local governments to adequately plan for and provide efficient, environmentally acceptable solid waste management services and programs;  (4) promote the establishment of resource recovery systems that preserve and enhance the quality of air, water, and land resources;  (5) ensure that solid waste is transported, stored, treated, processed, and disposed of in a manner adequate to protect human health, safety, and welfare and the environment;  (6) promote the reduction, recycling, reuse, and treatment of solid waste, and the recycling of materials which would otherwise be disposed of as solid waste;  (7) encourage local governments to utilize all means reasonably available to promote efficient and proper methods of managing solid waste, which may include contracting with private entities to provide management services or operate management facilities on behalf of the local government, when it is cost effective to do so;  (8) promote the education of the general public and the training of solid waste professionals to reduce the generation of solid waste, to ensure proper disposal of solid waste, and to encourage recycling;  (9) encourage the development of waste reduction and recycling programs through planning assistance, technical assistance, grants, and other incentives;  (10) encourage the development of the state's recycling industries by promoting the successful development of markets for recycled items and by promoting the acceleration and advancement of the technology used in manufacturing processes that use recycled items;  (11) establish a leadership role for the State in recycling efforts by requiring the General Assembly, the Governor's Office, the Judiciary, and all state agencies to separate solid waste for recycling and by granting a preference in state procurement policies to products with recycled content;  (12) require counties to develop and implement source separation, resource recovery, or recycling programs, or all of the above, or enhance existing programs so that valuable materials may be returned to productive use, energy and natural resources conserved, and the useful life of solid waste management facilities extended;  (13) require local governments and state agencies to determine the full cost of providing storage, collection, transport, separation, treatment, recycling, and disposal of solid waste in an environmentally safe manner; and  (14) encourage local governments to pursue a regional approach to solid waste management.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Not later than eighteen months after this chapter is effective, the department shall promulgate regulations governing the proper management or disposal, or both, of white goods requiring a person selling or offering white goods for sale at retail in this State to post written notice at his place of business informing the purchaser of the proper method of disposal of used white goods. Persons dealing with the disposal of white goods are encouraged to reclaim freon from white goods containing freon before recycling or disposal.  (B) Three years after this chapter is effective, no person shall knowingly include white goods with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill.  (C) Three years after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept white goods for disposal at such landfill.  (D) Notwithstanding any other provision of law, any person violating the provisions of subsections (B) and (C) of this section shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each white good improperly disposed of shall constitute a separate violation.  (E) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1158.
 (A) Five years after this chapter is effective, the department shall make a determination as to whether newsprint sold within this State is being recycled at a rate of thirty-five percent or more of the quantity sold within the State. If the department determines that newsprint is being recycled at a rate of less than thirty-five percent, the department shall submit a report to the Governor and to the General Assembly making recommendations on incentives or penalties to increase the recycling percentage of newsprint to at least thirty-five percent within a reasonable period of time. The department may, by regulation, establish a program to obtain and verify the information necessary to make the determination and recommendations required by this section.  (B) For the purposes of this section, "newsprint" means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but not limited to, the publication of newspapers, directories, or commercial advertising mailers, which is primarily from mechanical woodpulps combined with some chemical woodpulp.  HISTORY: 1991 Act No. 63, Section 1.
 The provisions of Chapter 54 of Title 12 apply to the administration, collection, and enforcement of the fees imposed by this chapter as administered by the Department of Revenue.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1159.
 If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstance shall, for any reason, be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.  HISTORY: 1991 Act No. 63, Section 1.
 (A) The General Assembly finds that:  (1) South Carolina is generating increasingly large volumes of solid waste which may pose a threat to human health and safety and to the environment if not properly managed or if managed in facilities inadequately designed and operated to ensure protection of human health and safety and the environment.  (2) Many communities are managing solid waste in existing facilities not designed and operated with technology and engineering controls that are adequately protective of the environment.  (3) A number of new solid waste management facilities will have to be established in coming years to replace older facilities as they reach capacity or as they are required to close because they cannot meet new state or federal regulatory requirements.  (4) It is the policy of the State of South Carolina to protect human health and safety and the environment from the effects of improper or inadequate solid waste management.  (5) Legislation is needed to establish an adequate regulatory framework for the siting, design, construction, operation, and closure of solid waste management facilities in order to provide protection for human health and safety and for the environment.  (6) A regional approach to the establishment of solid waste management facilities should be strongly encouraged in order to provide solid waste management services in the most efficient and cost-effective manner and to minimize any threat to human health and safety or to the environment.  (B) It is the purpose of this article to:  (1) regulate solid waste management facilities other than hazardous waste management facilities subject to the South Carolina Hazardous Waste Management Act, infectious waste management facilities subject to the South Carolina Infectious Waste Management Act, and radioactive waste facilities subject to the South Carolina Atomic Energy and Radiation Control Act and other federal and state laws; and  (2) ensure that all solid waste management facilities in this State are sited, designed, constructed, operated, and closed in a manner that protects human health and safety and the environment.  HISTORY: 1991 Act No. 63, Section 1.
 (A) The definitions set forth in Article 1 of this chapter are incorporated by reference in this article.  (B) The following definitions are applicable in this article:  (1) "Applicant" means an individual, corporation, partnership, business association, or government entity that applies for the issuance, transfer, or modification of a permit under this article.  (2) "Ash" means the solid residue from the incineration of solid waste.  (3) "Closure" means the discontinuance of operation by ceasing to accept, treat, store, or dispose of solid waste in a manner which minimizes the need for further maintenance and protects human health and the environment.  (4) "Director" means the Director of the South Carolina Department of Health and Environmental Control.  (5) "Composite liner" means a liner which shall consist of a geomembrane placed over a natural or recompacted soil layer.  (6) "Construction" means any physical modification to the site at which a potential or proposed solid waste management facility is to be located including, but not limited to, site preparation.  (7) "Contingency plan" means a document acceptable to the department setting out an organized, planned, and coordinated course of action to be followed at or by the facility in case of a fire, explosion, or other incident that could threaten human health and safety or the environment.  (8) "Cover" means soil or other suitable material acceptable to the department, or both, that is used to cover compacted solid waste in a land disposal site.  (9) "Daily cover" means a compacted layer of at least six inches of soil or other cover material, in an amount approved by the department, that is placed on all exposed solid waste in a landfill at the end of each day of operation, except for recyclable materials properly located in a salvage area.  (10) "Disclosure statement" means a sworn statement or affirmation, the form and content of which shall be determined by the department and as required by Section 44-96-300.  (11) "Double geomembrane liner" means a liner which shall consist of the following layers from bottom to top:  (a) a properly graded and prepared subbase;  (b) a minimum 60 mil HDPE geomembrane secondary liner;  (c) a secondary leachate collection system;  (d) an approved bentonite mat or equivalent;  (e) a geomembrane primary liner; and  (f) a primary leachate collection system.  (12) "Equity" means both legal and equitable interests.  Text of (B)(13) effective until January 27, 2027. See, Editor's Note.  (13) "Financial responsibility mechanism" means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities and advanced recycling facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation.  Text of (B)(13) effective January 27, 2027. See, Editor's Note.  (13) "Financial responsibility mechanism" means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation.  (14) "Flood plain" means the lowland and relatively flat areas adjoining inland and coastal areas of the mainland and off-shore islands including, at a minimum, areas subject to a one percent or greater chance of flooding in any given year.  (15) "Leachate" means the liquid that has percolated through or drained from solid waste or other man-emplaced materials and that contains soluble, partially soluble, or miscible components removed from such waste.  (16) "Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of solid waste, and constituents of such waste, or leachate.  (17) "Monofill" means a landfill or landfill cell into which only one type of waste is placed.  (18) "Municipal solid waste incinerator" means any solid waste incinerator, publicly or privately owned, that receives household waste. Such incinerator may receive other types of solid waste such as commercial or industrial solid waste.  (19) "Permit" means the process by which the department can ensure cognizance of, as well as control over, the management of solid wastes.  (20) "Responsible party" means:  (a) any officer, corporation director, or senior management official of a corporation, partnership, or business association that is an applicant;  (b) a management employee of a corporation, partnership, or business association that is an applicant who has overall responsibility for operations and financial management of the facility under consideration;  (c) an individual, officer, corporation director, senior management official of a corporation, partnership, or business association under contract to the applicant to operate the facility under consideration; or  (d) an individual, corporation, partnership, or business association that holds, directly or indirectly, at least five percent equity or debt interest in the applicant. If any holder of five percent or more of the equity or debt of the applicant is not a natural person, the term means any officer, corporation director, or senior management official of the equity or debt holder who is empowered to make discretionary decisions with respect to the operation and financial management of the facility under consideration.  (21) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.  (22) "Solid waste processing facility" means a combination of structures, machinery, or devices utilized to reduce or alter the volume, chemical, or physical characteristics of solid waste through processes, such as baling or shredding, prior to delivery of such waste to a recycling or resource recovery facility or to a solid waste treatment, storage, or disposal facility and excludes collection vehicles.  (23) "Transfer station" means a combination of structures, machinery, or devices at a place or facility where solid waste is taken from collection vehicles and placed in other transportation units, with or without reduction of volume, for movement to another solid waste management facility.  (24) "Vector" means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.  (25) "Vehicle" means any motor vehicle, water vessel, railroad car, airplane, or other means of transporting solid waste.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1160; 2022 Act No. 119 (S.525), Section 2, eff January 27, 2022.  Editor's Note  2022 Act No. 119, Section 7, provides as follows:  "SECTION 7. The provisions of SECTIONS 2 and 3 terminate on the fifth anniversary of the effective date of this act."  Effect of Amendment  2022 Act No. 119, Section 2, in (B)(13), in the first sentence, inserted "and advanced recycling facilities" after "solid waste management facilities".
 To carry out the purposes and provisions of this article, the department is authorized to:  (1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste;  (2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities;  (3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's solid waste regulatory programs;  (4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility;  (5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this article;  (6) receive financial and technical assistance from the federal government or private entities;  (7) cooperate with private organizations and with business and industry in carrying out the provisions of this article;  (8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities;  (9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and  (10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.  HISTORY: 1991 Act No. 63, Section 1.
 The department shall conduct a study and shall submit a report to the Governor and to the General Assembly not later than eighteen months after this chapter is effective on ways to encourage counties and municipalities to pursue a regional approach to solid waste management, including incentives to encourage the siting, construction, and operation of regional solid waste management facilities.  HISTORY: 1991 Act No. 63, Section 1.
 The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following:  (1) entering the solid waste management facility in order to assess what actions may be necessary;  (2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article;  (3) commencing an action to enjoin any act or practice that is causing the hazard; and  (4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1161.
 (A) No person shall operate a solid waste management facility without a permit from the department. However, pursuant to a county or regional plan, any political subdivision of this State may hold a permit for a solid waste management facility as the owner of the facility and may contract for the operation, management, or both, of the facility. A separate permit shall be required for each site or facility although the department may include one or more different types of facilities in a single permit if the facilities are collocated on the same site. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.  (B) No person shall initiate construction, expansion, modification, or closure of a solid waste management facility except in accordance with requirements established by the department pursuant to this article.  (C) Permits issued by the department to existing solid waste management facilities pursuant to statutory and regulatory requirements in effect before the date this article is effective remain valid for the life of the permit. However, a solid waste management facility without an approved closure plan is subject to the closure and postclosure requirements of this article applicable to that type of facility and to any other requirements made applicable specifically to existing solid waste management facilities by this article or by regulations promulgated pursuant to it. Upon expiration of the permit, the permittee shall comply with the requirements of this article and regulations promulgated pursuant to it.  (D) The department shall promulgate regulations for the permitting of solid waste management facilities which shall, at a minimum, address the following issues:  (1) contents of permit applications and application procedures;  (2) suspension, revocation, modification, issuance, denial, or renewal of a permit, including the criteria for taking such action and the procedures for taking such action consistent with the South Carolina Administrative Procedures Act;  (3) exemptions, variances, and emergency approvals;  (4) financial responsibility requirements sufficient to ensure the satisfactory maintenance, closure, and postclosure care of any solid waste management facility or to carry out any corrective action which may be required as a condition of a permit; provided, however, that consideration shall be given to mechanisms which would provide flexibility to the owner or operator in meeting its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities, utilizing actuarially sound risk-spreading techniques. The department shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste management facility. The department regulations regarding financial responsibility requirements shall not apply to any local government or region comprised of local governments which owns and operates a municipal solid waste management facility unless and until such time as federal regulations require such local governments and regions to demonstrate financial responsibility for such facilities;  (5) public notice and public hearing requirements consistent with the requirements of the South Carolina Administrative Procedures Act; and  (6) generally applicable operational requirements.  (E) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility may be issued until a demonstration of need is approved by the department, as required by regulation. Facilities which lawfully burn nonhazardous waste for energy recovery up to the normal rate of manufacturing production or which lawfully use or reuse the waste to make a product shall not be excluded from the demonstration of need requirement. No construction of new or expanded solid waste management facilities may be commenced until all permits required for construction have been issued. In determining if there is a need for new or expanded solid waste disposal sites, the department shall not consider solid waste generated in jurisdictions not subject to the provisions of a county or regional solid waste management plan pursuant to this chapter.  The department shall promulgate regulations to implement this section. These regulations must apply to all solid waste management facilities which have not obtained all permits required for construction. This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial solid waste management facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility.  (F) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within a county or municipality may be issued by the department unless the proposed facility or expansion is consistent with the local or regional solid waste management plan and the state solid waste management plan; and the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection must not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the waste management facility. However, the facilities shall be consistent with the applicable local zoning and land use ordinances, if any; and provided further, that the industrial facility is not a commercial solid waste management facility.  (G) A permit to construct a new solid waste management facility or to expand an existing solid waste management facility as authorized by this chapter may not be issued until the applicant provides documentation from the applicable local government of compliance with local land use and zoning ordinances along with the permit application.  (H) A permit issued pursuant to this article shall contain such conditions or requirements as are necessary to comply with the requirements of this article and the regulations of the department and to prevent a substantial hazard to human health or to the environment. Permits issued under this section shall be effective for the design and operational life of the facility, to be determined by the department, subject to the provisions of this article. However, at least once every five years, the department shall review the environmental compliance history of each permittee. The time period for review for each category of permits shall be established by the department by regulation. If, upon review, the department finds that material or substantial violations of the permit demonstrate the permittee's disregard for or inability to comply with applicable laws, regulations, or requirements and would make continuation of the permit not in the best interests of human health and safety or the environment, the department may, after a hearing, amend or revoke the permit, as appropriate and necessary. When a permit is reviewed, the department shall include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation.  (I) The department may amend or attach conditions to a permit when:  (1) there is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect human health and safety and the environment;  (2) the investigation has shown the need for additional equipment, construction, procedures, and testing to ensure the protection of human health and safety and the environment; and  (3) the amendment is necessary to meet changes in applicable regulatory requirements.  (J) The department may issue permits for short-term structural fills pursuant to department regulations. These permits shall require that structural fills be closed and cover put in place within twelve months of issuance of the permit. Consistency with solid waste management plans pursuant to subsection (G) is not required for the issuance of permits for short-term structural fills. For the purpose of this subsection, "cover" means soil or other suitable material, or both, acceptable to the department that is used to cover solid waste. For the purpose of this subsection, "structural fill" means landfilling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department by regulation, compacted and landfilled in a manner acceptable to the department, consistent with applicable engineering and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been in direct contact with hazardous constituents, petroleum products, or painted with lead-based paint. Applicable department regulations in effect on the effective date of this act, not inconsistent with this subsection, remain in effect unless changed by statute or amended or repealed by the department pursuant to the Administrative Procedures Act, Article 1, Chapter 23, Title 1.  Text of (K) effective until January 27, 2027. See, Editor's Note.  (K) An advanced recycling facility must demonstrate financial responsibility prior to being issued a permit for the advanced recycling facility or prior to the advanced recycling facility being placed in operation. To demonstrate financial responsibility, the advanced recycling facility must establish a cash trust fund under the control of the department or obtain a surety bond for which the department is the sole beneficiary, sufficient in form and amount to meet all reasonably foreseeable costs of clean up, environmental remediation, firefighting, ground water or surface water contamination, private property contamination, public health impacts, and displacement and relocation of affected persons, and any other reasonably foreseeable costs associated with the operation, management, or abandonment of any pyrolysis and gasification facilities including, but not limited to, the operation and storage of post-use polymer, plastic polymer, or incidental contaminants or impurities; provided, however, that no cash trust fund or surety bond shall be required if the advanced recycling facility establishes to the department that such costs are not reasonably foreseeable.  HISTORY: 1991 Act No. 63, Section 1; 1996 Act No. 454, Section 1; 2000 Act No. 405, Section 16; 2018 Act No. 170 (H.4644), Section 3, eff May 3, 2018; 2022 Act No. 119 (S.525), Section 3.A, eff January 27, 2022.  Editor's Note  2022 Act No. 119, Sections 3.B and 7, provide as follows:  "[SECTION 3.]B. The Department of Health and Environmental Control shall, on or before the second anniversary of the effective date of this act, issue a report to the General Assembly. The report must include the department's analysis of the advanced recycling facility industry and its recommendation as to whether, given the industry's record in this State or elsewhere in regard to matters including, without limitation, its costs of clean up, environmental remediation, firefighting, ground water or surface water contamination, private property contamination, public health impacts, and displacement and relocation of affected persons, and any other reasonably foreseeable costs associated with the operation, management, or abandonment of any pyrolysis and gasification facilities, a cash trust fund or surety bond should be required of the advanced recycling facility, and if so, in what amount."  "SECTION 7. The provisions of SECTIONS 2 and 3 terminate on the fifth anniversary of the effective date of this act."  Effect of Amendment  2018 Act No. 170, Section 3, in (E), in the first paragraph, in the first sentence, inserted ", as required by regulation" following "by the department"; in (F), in the first sentence, deleted "local zoning, land use, and other applicable local ordinances, if any; the proposed facility or expansion is consistent with" following "expansion is consistent with"; and in (G), inserted the requirement for a person seeking a construction permit to provide documentation of compliance with local land use and zoning ordinances.  2022 Act No. 119, Section 3.A, added (K).
 This chapter does not apply to hazardous waste regulated under the South Carolina Hazardous Waste Management Act, to infectious waste regulated under the South Carolina Infectious Waste Management Act, to radioactive waste regulated under the South Carolina Atomic Energy and Radiation Control Act, to the Southeast Interstate Radioactive Waste Compact, or to refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.  HISTORY: 1991 Act No. 63, Section 1.
 (A) The department may obtain a disclosure statement from the applicant at the same time that an application for a permit for operation of a solid waste management facility is filed, except that this section shall not apply if the applicant is a local government or a region comprised of local governments. The disclosure statement shall contain the following information with regard to the applicant and his responsible parties:  (1) the full name, business address, and social security number of all responsible parties;  (2) a description of the experience and credentials, including any past or present permits or licenses for the collection, transportation, treatment, storage, or disposal of solid waste, issued to or held by the applicant within the past five years;  (3) a listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a crime of moral turpitude punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, within five years immediately preceding the date of the submission of the permit application;  (4) a listing and explanation of all convictions by final judgment of a responsible party in a state or federal court, whether under appeal or not, of a criminal or civil offense involving a violation of an environmental law punishable by a fine of five thousand dollars or more or imprisonment for one year or more, or both, in a state or federal court within five years of the date of submission of the permit application;  (5) a listing and explanation of the instances in which a disposal facility permit held by the applicant was revoked by final judgment in a state or federal court, whether under appeal or not, within five years of the date of submission of the permit application; and  (6) a listing and explanation of all adjudications of the applicant for having been in contempt of any valid court order enforcing any federal environmental law or any state environmental law relative to the activity for which the permit is being sought, within five years of the date of submission of the permit application.  (B) The burden of proof with regard to any application shall lie with the applicant. The department shall deny a permit if it finds by a preponderance of the evidence that:  (1) the applicant is not financially and technically qualified to carry out the activity for which the permit is sought;  (2) the applicant has knowingly misrepresented or concealed any material fact in the permit application or disclosure statement, or in any other report or certification required under this article or under regulations promulgated pursuant to this article;  (3) the applicant has obtained or attempted to obtain the permit by misrepresentation or fraud; or  (4) the applicant has a documented and continuing history of criminal convictions or a documented history of violation of state or federal environmental laws such that the applicant's ability to operate within the law is questionable.  (C) In making a determination of whether a preponderance of the evidence exists under subsection (B), the department shall consider:  (1) the nature and details of the acts attributed to the applicant;  (2) the degree of culpability of the applicant;  (3) the applicant's policy or history of discipline, or both, of a responsible party convicted of acts described in subsection (A);  (4) whether the applicant has substantially complied with this state's statutes, rules, regulations, permits, and orders applicable to the applicant in this State relative to the activity for which the permit is sought;  (5) whether the applicant, if the applicant has no prior history within this State, has substantially complied with other jurisdictions' statutes, rules, regulations, permits, and orders applicable to the applicant relative to the activity for which the subject permit is sought;  (6) whether the applicant has in place and observes formal management controls to minimize and prevent the occurrence of violations or other unlawful activities relative to the activity for which the subject permit is sought;  (7) mitigation based upon any demonstration of good citizenship by the applicant including, without limitation, prompt payment of damages, cooperation with investigations, termination of employment or other relationship with responsible parties or other persons responsible for the activity described in subsection (A) or other demonstration of good citizenship by the applicant that the department finds acceptable; and  (8) whether the best interests of the public will be served by denial of the permit.  (D) The department may request specific information or a background investigation of an applicant by the State Law Enforcement Division or by the Attorney General. Such investigations shall be completed and the results provided to the department within ninety days of the department's request for the investigation.  (E) In making a determination under this section, the department shall comply with the notice and public hearing requirements for administrative proceedings pursuant to the South Carolina Administrative Procedures Act and with public notice requirements for permit decisions required pursuant to this chapter.  (F) The department shall provide for an adjudicatory hearing if an aggrieved party with standing appeals the granting, denial, or granting with conditions of a permit by making a written request to the department for an adjudicatory hearing within fifteen days of receiving the notification required by this section.  (G) If a responsible party of an applicant is a chartered lending institution or a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934 or a wholly-owned subsidiary of a publicly held corporation reporting under the Federal Securities and Exchange Act of 1934, such responsible party shall not be required to submit a disclosure statement in accordance with the provisions of subitems (1), (2), (3), (4), and (5) of subsection (A) of this section, excluding subitem (A)(6), but shall submit to the department reports covering its structure and operations required by the chartering body or the Federal Securities and Exchange Commission. The department is authorized to require a responsible party to provide such additional information to the department as is reasonably necessary to make the determinations provided for in this section.  (H) Every applicant shall file a disclosure statement with the department together with the permit application or within sixty days of the adoption of the form and content of the disclosure statement by the department, whichever is later.  (I) Every holder of a permit issued pursuant to this article who has not earlier filed a disclosure statement shall, not later than one year after this article is effective, file a disclosure statement with the department.  (J) Not later than two years after this article is effective, every holder of a permit issued pursuant to this article shall update its disclosure statement not later than the end of January of each calendar year regarding any material changes in information in the permit holder's most recent disclosure statement on file with the department.  (K) If the department denies or revokes a permit based on this section or on Section 44-96-290(F), the applicant of the denied permit or the holder of the revoked permit may petition the department at any time for reconsideration of the denial or revocation. The department shall issue the denied permit or reinstate the revoked permit if the applicant of the denied permit or the holder of the revoked permit affirmatively demonstrates rehabilitation of the individual or business concern by a preponderance of the evidence. In determining whether subsequent issuance or reinstatement of a permit would be in the public interest, the department shall give consideration to any relevant factors including, but not limited to, the factors identified in subsection (C). The department may approve a conditional permit, not to exceed two years, to allow the applicant of the denied permit or the holder of the revoked permit a reasonable opportunity to continue to affirmatively demonstrate the applicant's rehabilitation.  HISTORY: 1991 Act No. 63, Section 1.
 (A) The department may issue a research, development, and demonstration permit for any solid waste management facility proposing to utilize an innovative and experimental solid waste management technology or process. The application for such permit must clearly demonstrate adequate protection of human health and safety and the environment and must be consistent with federal and state laws and regulations and this article. A permit issued under this section must not be for an activity of a continuing nature.  (B) An application for a permit issued under this section must, at a minimum:  (1) describe the proposed activity in detail;  (2) describe how the permit applicant intends to provide for the management of solid waste in order to determine the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and safety and the environment, and how the permit applicant intends to protect human health and safety and the environment in the conduct of the project; and  (3) state that the permit applicant will share on a timely basis with the department any information obtained as a result of the activity undertaken under the permit.  (C) Not later than eighteen months after this article is effective, the department shall promulgate the criteria and procedures for the issuance of such permits.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Not later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all landfills that dispose of solid waste. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. In determining if exemptions are warranted from all or part of the regulations applicable to this section and Section 44-96-330, the department must consider in situ soil as a criterion for granting exemptions. These regulations shall not apply to the disposal of solid waste from a single family or household on property where such waste is generated.  (B) The regulations governing solid waste landfills shall, at a minimum, contain the following requirements:  (1) the submission by the permit applicant of the following documents:  (a) a comprehensive engineering report that describes, at a minimum, existing site conditions and construction plans;  (b) a quality assurance and quality control report;  (c) a hydrogeologic report and water quality and air quality monitoring plans;  (d) a contingency plan describing the action to be taken in response to contingencies which may occur during construction and operation of the landfill;  (e) an operational plan describing how the facility will meet all applicable regulatory requirements;  (f) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the maximum rate at which the facility will receive that waste; and  (g) a landscape plan;  (2) locational criteria. However, the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;  (3) landfill construction requirements;  (4) facility design and operational requirements including, but not limited to, access controls, cover requirements, gas control, leachate control, exclusion of hazardous wastes, liner requirements, litter control, groundwater and surface water monitoring, and air quality monitoring;  (5) closure and postclosure requirements;  (6) financial responsibility requirements; and  (7) corrective action requirements.  HISTORY: 1991 Act No. 63, Section 1.
 A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or publicly-owned recreational park areas. For the purpose of this section only, the term "commercial industrial solid waste landfill" means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.  HISTORY: 1997 Act No. 100, Section 6.
 (A) In addition to the requirements imposed by this article, the regulations promulgated by the department shall, at a minimum, require the following for new and existing municipal solid waste landfills:  (1) controls to detect and prevent the disposal of hazardous waste, nonhazardous bulk liquids, and nonhazardous liquids in containers, other than household wastes. Such controls shall include random inspections of incoming loads, inspection of suspicious loads, records of inspections, training of facility personnel to recognize illegal materials, and procedures for notifying the proper authorities if any regulated hazardous waters are found;  (2) daily cover to control disease vectors, fires, odors, blowing litter, and scavenging;  (3) landfill gas monitoring and controls to minimize the buildup of explosive gases beneath, around, or in facility structures excluding gas control or recovery components;  (4) access controls to protect human health and safety and the environment, to prevent unauthorized vehicular traffic, and to prevent illegal dumping of wastes;  (5) run-on and run-off controls;  (6) landfill closure requirements that:  (a) minimize the need for further maintenance;  (b) ensure that no adverse effect will be caused from postclosure releases to the groundwater, surface water, or atmosphere; and  (c) upon issuance of a permit, require the owner or operator to record in the clerk's office or Register of Deeds Office, in the county in which the site is located, a survey plat indicating the location and dimensions of landfill cells or other solid waste disposal units with respect to permanently surveyed benchmarks. Upon recordation, the owner or operator must submit to the department a copy of the recorded document;  (7) closure and postclosure care plans which identify for each facility the steps necessary to ensure closure and postclosure care, time estimates, modifications to monitoring and collection systems, final cover, and cost estimates. The postclosure care period shall be determined by results from the monitoring of the landfill, including leachate quality and quantity and methane gas generation or some alternative;  (8) financial responsibility for closure and postclosure care;  (9) groundwater monitoring; and  (10) corrective action requirements.  (B) The regulations promulgated pursuant to this article shall require, at a minimum, for each new municipal solid waste landfill and lateral expansion to existing municipal solid waste landfills the following:  (1) a single composite liner, natural or manmade materials, or both, or in situ soil, or a combination of both, capable of preventing the migration of wastes out of the landfill to the aquifer or surface water during the active life of the facility and during the required postclosure period and ensuring that leachate does not contaminate the aquifer or surface water during the active life of the facility and during the required postclosure period;  (2) leachate collection and removal systems;  (3) a construction quality assurance plan specifying the materials to be used in liner construction, the construction techniques, the engineering plans, and the installation test procedures; and  (4) landfills, at a minimum, shall not be located in the following locations:  (a) within the one hundred-year flood plain unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the landfill will not restrict the flow of the one hundred-year base flood, reduce the temporary water shortage capacity of the flood plain, or result in the washout of solid waste so as to pose a hazard to human health or the environment;  (b) within two hundred feet of a fault that has had displacement in Holocene time;  (c) within a seismic impact zone or other unstable areas unless it can be demonstrated by the owner or operator that engineering measures have been incorporated into the landfill design to ensure the structural stability of the landfill capable of protecting human health and safety and the environment; and  (d) within proximity of airports or wetlands to be determined by the department by regulation.  HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 34, Section 1.
 (A) No solid waste incinerator with a daily capacity in excess of six hundred tons may be permitted within the State, nor may any solid waste incinerator with a daily capacity in excess of one hundred tons be permitted to be sited within three miles of another such facility.  (B) Not later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all solid waste incinerators, other than facilities specifically regulated under other provisions of this article or other applicable provisions of state law. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.  (C) The regulations governing solid waste incinerators shall, at a minimum, contain the following requirements:  (1) the submission by the permit applicant of the following documents:  (a) an engineering report which must, at a minimum, contain a description of the facility, the process and equipment to be used, the proposed service area, the types and quantities of wastes to be treated, and storage of waste;  (b) engineering plans and specifications which must, at a minimum, describe the process equipment specifications, instrumentation and control diagrams, and performance specifications for all major equipment and control centers;  (c) a personnel training program;  (d) an ash management plan including, at a minimum, an identification of the facility approved by the department that will receive the residue and a certification that the facility shall have adequate capacity to handle such residue;  (e) an air quality monitoring plan;  (f) a description of the manner in which waste waters, if any, from the facility will be managed;  (g) a quality assurance and quality control report;  (h) a contingency plan describing a technically and financially feasible course of action to be taken in response to contingencies which may occur during construction and operation of the facility;  (i) an operation plan describing how the facility will meet all applicable regulatory requirements;  (j) a draft operation and maintenance manual; and  (k) a closure plan;  (2) locational criteria; provided, however, that the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;  (3) facility design and operational requirements including, but not limited to, access controls, recordkeeping and reporting requirements, receipt and handling of solid waste, process changes, emergency preparedness, and guidelines for identifying items or materials that should be removed prior to incineration;  (4) air and water quality monitoring requirements;  (5) closure and postclosure requirements;  (6) financial responsibility requirements;  (7) personnel training requirements;  (8) ash residue requirements including, but not limited to, testing requirements and procedures, the contents of an ash management plan, handling, storage, reuse or recycling, transportation, and disposal of the ash; and  (9) corrective action requirements.  HISTORY: 1991 Act No. 63, Section 1.
 (A) In addition to the requirements imposed by this article, the regulations promulgated by the department must require, at a minimum, that municipal solid waste incinerator ash which is disposed of at a solid waste landfill be disposed of only in the following manner:  (1) the unit is located, designed, and operated so as to protect human health and safety and the environment;  (2) the unit has a groundwater monitoring system and a leachate collection and removal system; and  (3) the unit has a single composite liner or double geomembrane liner designed, operated, and constructed of materials to restrict the migration of any constituent into and through such liner during such period as the unit remains in operation.  (B) The department shall prescribe criteria and testing procedures for identifying the properties of municipal solid waste incinerator ash that may result in entry into groundwater or surface water in such manner as may pose a hazard to human health and safety or to the environment. The department shall prescribe such criteria and testing procedures not later than eighteen months after this article is effective. Based on the criteria and testing procedures, the regulations shall permit municipal incinerator ash which does not exhibit any of the properties identified in such criteria to be disposed of in solid waste landfill units or cells meeting the applicable regulatory requirements of this section. If such ash exhibits any of the properties identified in the criteria, the department may require that it be disposed of in a landfill meeting the requirements for hazardous waste disposal.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 17.
 (A) No later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of facilities which receive solid waste for processing. The department, by regulation, may exempt certain facilities from all or part of the requirements of this section.  (B) All new processing facilities must comply with the requirements of this section. The department shall establish a schedule for existing facilities to come into compliance with the requirements of this section.  (C) The regulations governing solid waste processing facilities, at a minimum, shall contain the following requirements:  (1) the submission by the permit applicant of the following documents:  (a) an engineering report which, at a minimum, must contain a description of the facility, the process and equipment to be used, the proposed service area, the types and quantities of waste to be processed, and a description of existing site conditions;  (b) complete construction plans and specifications;  (c) a design report;  (d) a personnel training program;  (e) an identification of possible air releases and groundwater and surface water discharges;  (f) a waste control plan describing the manner in which waste from the processing activities will be managed. The plan, at a minimum, must identify the facilities to be approved by the department that will receive the waste and a certification that such facilities have adequate capacity to manage the waste;  (g) a quality assurance and quality control report;  (h) a contingency plan describing the action to be taken in response to contingencies which could occur during operation of the facility;  (i) an operation plan describing how the facility will meet all applicable regulatory requirements;  (j) a draft operation and maintenance manual;  (k) a closure plan; and  (l) a description of the restrictions, if any, that the facility places on the materials it receives for processing and a statement explaining the need for such restrictions;  (2) locational criteria; provided, however, that the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;  (3) facility design and operational requirements including, but not limited to, access controls, reporting and recordkeeping requirements, receipt and handling of solid waste, process changes, emergency preparedness, and guidelines for identifying items or materials that may not be accepted for processing;  (4) monitoring requirements including, at a minimum, air quality monitoring and analysis, groundwater and surface water quality monitoring and analysis, and product quality testing and analysis;  (5) closure and postclosure requirements;  (6) financial responsibility requirements;  (7) personnel training requirements; and  (8) corrective action requirements.  (D)(1) All unpermitted facilities that recycle construction and demolition debris must register with the department on a form made available by the department no later than sixty days after the effective date of this subsection.  (2) A facility that recycles construction and demolition debris must submit a complete permit application to the department or complete closure in accordance with this section and regulations promulgated pursuant to this section within twelve months of the effective date of this subsection.  (3) A facility that recycles construction and demolition debris must obtain a permit from the department or complete closure in accordance with this section and regulations promulgated pursuant to this section within twenty-four months of the effective date of this subsection.  (4) A facility that recycles construction and demolition debris is exempt from obtaining a permit if:  (a) all materials accepted at the facility are segregated from solid waste and sorted by material type at the point of generation or at a permitted solid waste management facility;  (b) at least seventy-five percent of the total weight of each separated material type received during a calendar year and remaining on site from a previous year is used, reused, recycled, or transferred to a different site for use, reuse, or recycling; and  (c) the material is managed in a manner to demonstrate that the recovered material has value and is stored in such a way to protect it from theft, degradation, contamination, or other harm.  (5) A facility that recycles construction and demolition debris operating on the effective date of this subsection must register in accordance with the provision of this subsection but is exempt from the permitting requirements if it recycles seventy-five percent by weight of the material received at the facility each calendar year and the facility is located on a tax parcel of not more than two acres.  (6) A facility that only recycles land clearing debris is not required to obtain a permit pursuant to this section but is subject to all other applicable provisions of this chapter and regulations promulgated pursuant to this chapter.  (7) The department shall require each registered facility that recycles construction and demolition debris to submit an annual report by a date determined by the department. The annual report, at a minimum, must include:  (a) the total amount by weight of each separate recovered material type received at the facility during the calendar year;  (b) the total amount by weight of each recovered material type that remained on site at the close of the previous year;  (c) the total amount by weight of each recovered material that is used, reused, recycled, or transferred to another site for use, reuse, or recycling during the calendar year and the location of the other site; and  (d) the amount of solid waste removed and disposed of during the calendar year and the name and address of the facility where the solid waste was disposed.  (E) Records documenting the activities listed in subsection (D) must be maintained for no less than three years and must be made available upon request by the department.  HISTORY: 1991 Act No. 63, Section 1; 2018 Act No. 170 (H.4644), Section 4, eff May 3, 2018.  Effect of Amendment  2018 Act No. 170, Section 4, made nonsubstantive changes throughout, and added (D) and (E), establishing certain conditions for facilities that recycle construction and demolition debris.
 (A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for any storage of solid waste prior to processing or incineration or at or in a transfer station. Such regulations shall require that any spillage or leakage of solid waste be contained on the storage site and that no unpermitted discharges to the environment occur. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.  (B) Not later than eighteen months after this article is effective, the department shall promulgate regulations governing solid waste transfer facilities. The regulations shall, at a minimum, require the submission by a permit applicant of a plan of operation and shall establish locational criteria, operational requirements, and closure requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for land application facilities and composting facilities. The regulations shall, at a minimum, establish operational requirements and siting requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.  (B) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for construction, demolition, and land clearing debris landfills. The department may, by regulation, exempt certain sites or facilities from all or part of the requirements of this section. The department shall exempt a landfill for the disposal of trees, stumps, wood chips, and yard waste when generation and disposal of such waste occurs on properties under the same ownership or control. The regulation shall, at a minimum, contain the following requirements:  (1) site selection;  (2) construction;  (3) hydrogeologic;  (4) operation; and  (5) closure and postclosure.  HISTORY: 1991 Act No. 63, Section 1.
 (A) For the purposes of this section, "special wastes" is defined as nonresidential or commercial solid wastes, other than regulated hazardous wastes, that are either difficult or dangerous to handle and require unusual management at municipal solid waste landfills, including, but not limited to:  (1) pesticide wastes;  (2) liquid wastes and bulk liquid wastes;  (3) sludges;  (4) industrial process wastes, defined as wastes generated as a direct or indirect result of the manufacture of a product or the performance of a service, including, but not limited to, spent pickling liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, point sludges, core sands, metallic dust sweepings, asbestos dust, and off-specification, contaminated, or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, landscape waste, and construction or demolition debris;  (5) wastes from a pollution control process;  (6) residue or debris from the cleanup of a spill or release of chemical substances, commercial products, or wastes listed in items (1) through (5);  (7) soil, water, residue, debris, or articles that are contaminated from the cleanup of a facility or site formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in items (1) through (6); and  (8) containers and drums.  (B) A special waste must not be disposed of nor accepted for disposal at a municipal solid waste landfill without prior written approval by the disposal facility in accordance with department requirements.  (C) A facility may apply to the department at any time for modifications or additions to the types of special waste disposed of or methods for disposal.  (D) Not later than six months after this article is effective or the initial receipt of wastes, whichever is later, the owner or operator of a municipal solid waste landfill shall prepare and submit to the department a waste analysis plan that addresses, at a minimum, the:  (1) parameters for which each waste will be analyzed and the rationale for the selection of those parameters;  (2) test methods which will be used to test for those parameters;  (3) sampling methods which will be used to obtain a representative sampling of the special waste to be analyzed;  (4) frequency with which the initial analysis of the special waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and  (5) procedures which will be used to inspect and, if necessary, analyze each special waste received at the facility to ensure that it matches the identity of the special waste designated on the accompanying transportation record. At a minimum, the plan must describe the:  (a) procedures which will be used to determine the identity of each special waste managed at the facility; and  (b) the sampling methods which will be used to obtain a representative sample of the special waste to be identified, if the identification method includes sampling.  (E) The department shall respond to the analysis plan within ninety days of the date of its receipt by the department.  HISTORY: 1991 Act No. 63, Section 1.
 As used in this chapter:  (1) "Beverage" means beer or malt beverages, mineral water, soda water, and similar carbonated soft drinks in liquid form, and all other liquids intended for human consumption, except for liquids marketed for and intended for consumption for medicinal purposes.  (2) "Beverage container" means the individual, separate, and sealed glass, aluminum or other metal, or plastic bottle, can, jar, or carton containing beverage intended for human consumption.  (3) "Collection" means the act of picking up solid waste materials from homes, businesses, governmental agencies, institutions, or industrial sites.  (4) "Compost" means the humus-like product of the process of composting waste.  (5) "Composting facility" means any facility used to provide aerobic, thermophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus-like material.  (6) "Construction and demolition debris" means discarded solid wastes resulting from construction, remodeling, repair and demolition of structures, road building, and land clearing. The wastes include, but are not limited to, bricks, concrete, and other masonry materials, soil, rock, lumber, road spoils, paving material, and tree and brush stumps, but does not include solid waste from agricultural or silvicultural operations.  (7) "County solid waste management plan" means a solid waste management plan prepared, approved, and submitted by a single county pursuant to Section 44-96-80.  (8) "Degradable", with respect to any material, means that the material, after being discarded, is capable of decomposing to components other than heavy metals or other toxic substances after exposure to bacteria, light, or outdoor elements.  (9) "Department" means the South Carolina Department of Health and Environmental Control.  (10) "Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of solid waste, including leachate, into or on any land or water.  (11) "Disposal" means the discharge, deposition, injection, dumping, spilling or placing of any solid waste into or on any land or water, so that the substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.  (12) "Energy recovery" means the beneficial use, reuse, recycling, or reclamation of solid waste through the use of the waste to recover energy therefrom.  (13) "Facility" means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing, or disposing of solid waste. A facility may consist of several treatment, storage, or disposal operational units, including, but not limited to, one or more landfills, surface impoundments, or combination thereof.  (14) "For hire motor carrier" means a company operating a fleet of vehicles used exclusively in the transportation of freight for compensation.  (15) "Generation" means the act or process of producing solid waste.  (16) "Groundwater" means water beneath the land surface in the saturated zone.  (17) "Hazardous waste" has the meaning provided in Section 44-56-20 of the South Carolina Hazardous Waste Management Act.  (18) "Incineration" means the use of controlled flame combustion to thermally break down solid, liquid, or gaseous combustible wastes, producing residue that contains little or no combustible materials.  (19) "Industrial waste" means solid waste that results from industrial processes including, but not limited to, factories and treatment plants.  (20) "Infectious waste" has the meaning given in Section 44-93-20 of the South Carolina Infectious Waste Management Act.  (21) "Land-clearing debris" means solid waste which is generated solely from land-clearing activities, but does not include solid waste from agricultural or silvicultural operations.  (22) "Landfill" means a disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.  (23) "Lead-acid battery" means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications.  (24) "Lead-acid battery collection facility" means a facility authorized by the Department of Health and Environmental Control to accept lead-acid batteries from the public for temporary storage prior to recycling.  (25) "Local government" means a county, any municipality located wholly or partly within the county, and any other political subdivision located wholly or partly within the county when such political subdivision provides solid waste management services.  (26) "Materials Recovery Facility" means a solid waste management facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.  (27) "Motor oil" and "similar lubricants" mean the fraction of crude oil or synthetic oil that is classified for use in the crankcase, transmission, gearbox, or differential of an internal combustion engine, including automobiles, buses, trucks, lawn mowers and other household power equipment, industrial machinery, and other mechanical devices that derive their power from internal combustion engines. The terms include re-refined oil but do not include heavy greases and specialty industrial or machine oils, such as spindle oils, cutting oils, steam cylinder oils, industrial oils, electrical insulating oils, or solvents which are not sold at retail in this State.  (28) "Municipal solid waste landfill" means any sanitary landfill or landfill unit, publicly or privately owned, that receives household waste. The landfill may also receive other types of solid waste, such as commercial waste, nonhazardous sludge, and industrial solid waste.  (29) "Office" means the Office of Solid Waste Reduction and Recycling established within the Department of Health and Environmental Control pursuant to Section 44-96-110.  (30) "Owner/operator" means the person who owns the land on which a solid waste management facility is located or the person who is responsible for the overall operation of the facility, or both.  (31) "Person" means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.  (32) "Plastic bottle" means a plastic container intended for single use, which has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons.  (33) "Plastic container" means any container having a wall thickness of not less than one one-hundredth of an inch used to contain beverages, foods, or nonfood products and composed of synthetic polymeric materials.  (34) "Recovered materials" means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. At least seventy-five percent by weight of the materials received during the previous calendar year must be used, reused, recycled, or transferred to a different site for use, reuse, or recycling in order to qualify as a recovered material.  (35) "Recovered Materials Processing Facility" means a facility engaged solely in the recycling, storage, processing, and resale or reuse of recovered materials. The term does not include a solid waste processing facility; however, solid waste generated by a recovered material processing facility is subject to all applicable laws and regulations relating to the solid waste. The term does not include facilities which thermally treat solid waste principally for volume reduction or for reduction of contaminants. Records must be kept documenting the amount by weight of materials that are received at the facility and used, reused, or recycled or transferred to another site for use, reuse, or recycling. Records must also be kept which clearly document the location of final disposition of the materials. Records must be made available for inspection by department personnel upon request.  (36) "Recyclable material" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.  (37) "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products (including composting).  (38) "Region" means a group of counties in South Carolina which is planning to or has prepared, approved, and submitted a regional solid waste management plan to the department pursuant to Section 44-96-80.  (39) "Regional solid waste management plan" means a solid waste management plan prepared, approved, and submitted by a group of counties in South Carolina pursuant to Section 44-96-80.  (40) "Resource recovery" means the process of obtaining material or energy resources from solid waste which no longer has any useful life in its present form and preparing the waste for recycling.  (41) "Resource recovery facility" means a combination of structures, machinery, or devices utilized to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source.  (42) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.  (43) "Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more, but less than five gallons.  (44) "Sanitary landfill" means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards and meets the design and operation requirements of this chapter.  (45) "Secondary lead smelter" means a facility which produces metallic lead from various forms of lead scrap, including used lead-acid batteries.  (46) "Solid waste" means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment. For the purposes of this chapter, this term excludes steel slag that is a product of the electric arc furnace steelmaking process; provided, that such steel slag is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal.  (47) "Solid waste disposal facility" means any solid waste management facility or part of a facility at which solid waste is intentionally placed into or on any land or water and at which waste will remain after closure.  (48) "Solid waste management" means the systematic control of the generation, collection, source separation, storage, transportation, treatment, recovery, and disposal of solid waste.  (49) "Solid waste management facility" means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the storage, collection, transportation, treatment, utilization, processing, recycling, or disposal, or any combination thereof, of solid waste. The term does not include a recovered materials processing facility or facilities which use or ship recovered materials, except that portion of the facilities which is managing solid waste.  (50) "Solid Waste Management Grant Program" means the grant program established and administered by the Office of Solid Waste Reduction and Recycling pursuant to Section 44-96-130.  (51) "Solid Waste Management Trust Fund" means the trust fund established within the Department of Health and Environmental Control pursuant to Section 44-96-120.  (52) "Source reduction" means the reduction of solid waste before it enters the solid waste stream by methods such as product redesign or reduced packaging.  (53) "Source separation" means the act or process of removing a particular type of recyclable material from other waste at the point of generation or under control of the generator for the purposes of collection, disposition, and recycling.  (54) "Specific wastes" means solid waste which requires separate management provisions, including plastics, used oil, waste tires, lead-acid batteries, yard trash, compost, and white goods.  (55) "State solid waste management plan" means the plan which the Department of Health and Environmental Control is required to submit to the General Assembly and to the Governor pursuant to Section 44-96-60.  (56) "Storage" means the containment of solid waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such solid waste; provided, however, that storage in containers by persons of solid waste resulting from their own activities on their property, leased or rented property, if the solid waste in such containers is collected at least once a week, shall not constitute "storage" for purposes of this chapter. The term does not apply to containers provided by or under the authority of a county for the collection and temporary storage of solid waste prior to disposal.  (57) "Surface water" means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within territorial limits, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private.  (58) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, trailer, or motorcycle as defined in Section 56-3-20(2), (4), and (13). It does not include an industrial press-on tire, with a metal or solid compound rim, which may be retooled.  (59) "Tire retailing business" means the retail sale of tires in any quantity for any use or purpose by the purchaser other than for resale.  (60) "Transport" means the movement of solid waste from the point of generation to any intermediate point and finally to the point of ultimate processing, treatment, storage, or disposal.  (61) "Transporter" means a person engaged in the off-site transportation of solid waste by air, rail, highway, or water.  (62) "Treatment" means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to storage, recovery, or recycling, safe for disposal, or reduced in volume or concentration.  (63) "Used oil" means oil that has been refined from crude oil or synthetic oil and that has been used and, as a result of that use, is contaminated by physical or chemical impurities.  (64) "Used oil collection center" means a facility which, in the course of business, accepts used oil for subsequent disposal or recycling.  (65) "Used oil energy recovery facility" means a facility that burns more than six thousand gallons of used oil annually for energy recovery.  (66) "Used oil recycling facility" means a facility that recycles more than six thousand gallons of used oil annually.  (67) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.  (68)(a) "Waste tire collection facility" means a permitted facility used for the storage of waste tires or processed tires before recycling, processing, or disposal.  (b) "Waste tire disposal facility" means a permitted facility where processed waste tires are placed on the land in a manner which constitutes disposal.  (c) "Waste tire processing facility" means a permitted facility where equipment is used to cut, shred, burn for volume reduction, or to otherwise alter whole waste tires. The term includes mobile waste tire processing equipment.  (d) "Waste tire recycling facility" means a permitted facility where waste tires are used as a fuel source or returned to use in the form of products or raw materials.  (69) "Waste tire hauler" means a person engaged in the picking up or transporting of waste tires for the purpose of storage, processing, or disposal.  (70) "Waste tire site" means an establishment, site, or place of business, without a collector or processor permit, that is maintained, operated, used, or allowed to be used for the disposal, storing, or depositing of unprocessed used tires, but does not include a truck service facility which meets the following requirements:  (a) all vehicles serviced are owned or leased by the owner or operator of the service facility;  (b) no more than two hundred waste tires are accumulated for a period of not more than thirty days at a time;  (c) the facility does not accept any tires from sources other than its own; and  (d) all waste tires are stored under a covered structure.  (71) "Waste tire treatment site" means a permitted site used to produce or manufacture usable materials, including fuel, from waste tires.  (72) "Waters of the State" means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction.  (73) "White goods" include refrigerators, ranges, water heaters, freezers, dishwashers, trash compactors, washers, dryers, air conditioners, and commercial large appliances.  (74) "Yard trash" means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.  (75) "Advanced recycling" means manufacturing processes that convert post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, waxes, lubricants, and other products through processes that include pyrolysis, gasification, depolymerization, solvolysis, catalytic cracking, reforming, hydrogenation, and other similar technologies. The recycled products produced from advanced recycling include, but are not limited to, monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, waxes, lubricants, coatings, and other basic hydrocarbons. Advanced recycling is not incineration, combustion, energy recovery, material recovery, or treatment. For the purpose of advanced recycling:  (a) "Depolymerization" means a manufacturing process at an advanced recycling facility where post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons.  (b) "Gasification" means a manufacturing process at an advanced recycling facility through which recovered feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted to crude oil, diesel, gasoline, home heating oil or other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials or intermediate or final products that are returned to the economic mainstream in the form of raw materials, products, or fuels.  (c) "Pyrolysis" means a manufacturing process at an advanced recycling facility through which post-use polymers or recovered feedstock are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel, gasoline, home heating oil or other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials or intermediate or final products that are returned to the economic mainstream in the form of raw materials, products, or fuels.  (d) "Solvolysis" means a manufacturing process at an advanced recycling facility through which post-use plastics are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, while allowing additives and contaminants to be separated. The products of solvolysis include, but are not limited to, monomers, intermediates, and valuable raw materials. The process includes, but is not limited to, hydrolysis, aminolysis, ammonoloysis, methanolysis, ethanolysis, and glycolysis.  (76) "Advanced recycling facility" means a manufacturing facility that receives, separates, stores, and converts the post-use polymers and recovered feedstocks it receives using advanced recycling. An advanced recycling facility is not a solid waste processing facility, solid waste management facility, materials recovery facility, waste-to-energy facility, or incinerator, but the facility is subject to department inspections to ensure compliance. Solid waste generated by an advanced recycling facility is subject to all applicable laws and regulations for manufacturers relating to storage and disposal of solid waste. Post-use polymers and recovered feedstock may not be mixed with solid waste or hazardous waste on-site or during processing at an advanced recycling facility. At least seventy-five percent of the weight or volume of recovered feedstocks or post-use polymers received during the previous calendar year must be processed at an advanced recycling facility or transferred to a different site for processing in order for a facility to qualify as an advanced recycling facility. If an advanced recycling facility does not comply with the requirements of this definition, then it is not an advanced recycling facility and is subject to all applicable solid waste laws and regulations as determined by the department. Within sixty days of the termination of operations at an advanced recycling facility, all unused pre-converted and post-converted post-use polymers or recovered feedstock must be sold or disposed of by the advanced recycling facility in compliance with applicable laws.  (77) "Post-use polymer" means a plastic polymer that is not solid waste when the following apply:  (a) it is derived from any industrial, commercial, agricultural, or domestic activities;  (b) its use or intended use is to manufacture crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products using advanced recycling;  (c) it may contain incidental contaminants or impurities, such as paper labels or metal rings; and  (d) it is processed at an advanced recycling facility or held at an advanced recycling facility prior to processing.  (78)(a) "Recovered feedstock" means one or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:  (i) post-use polymers;  (ii) materials for which the United States Environmental Protection Agency has made a nonwaste determination under 40 C.F.R. 241.3(c); or  (iii) materials that the United States Environmental Protection Agency has otherwise determined are feedstocks and not solid waste.  (b) Recovered feedstock does not include unprocessed municipal solid waste.  HISTORY: 1991 Act No. 63, Section 1; 1992 Act No. 449, Part V Section 4; 1992 Act No. 450, Section 3; 2000 Act No. 405, Section 1; 2015 Act No. 36 (H.3575), Section 1, eff June 1, 2015; 2022 Act No. 119 (S.525), Section 1, eff January 27, 2022.  Effect of Amendment  2022 Act No. 119, Section 1, added (75) to (78), relating to the definitions of "advanced recycling", "advanced recycling facility", "post-use polymer", and "recovered feedstock".
 (A) To assist in carrying out its responsibilities under this chapter, the department may require:  (1) the establishment and maintenance of records;  (2) the making of reports;  (3) the taking of samples and the performing of tests or analyses;  (4) the installation, calibration, use, and maintenance of monitoring equipment; or  (5) the providing of such other information as may be reasonably necessary to achieve the purposes of this chapter.  (B) Information obtained by the department pursuant to this chapter shall be available to the public unless the department determines such information to be proprietary. The department may make such determinations where the person submitting the information demonstrates to the satisfaction of the department that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection.  HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 3.
 For the purpose of enforcing this chapter or any regulations promulgated pursuant to this chapter, an authorized representative or employee of the department may, upon presentation of appropriate credentials, at a reasonable time:  (1) enter any facility where solid wastes are managed;  (2) inspect and copy any records, reports, information, or test results necessary to carry out the department's responsibilities under this chapter; or  (3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department also shall provide such person with a copy of the results of any analyses of such samples.  HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 4.
 The department may issue, modify, or revoke any order to prevent a violation of this chapter.  HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 5.
 The department may hold public hearings and compel the attendance of witnesses, conduct studies, investigations, and research with respect to the operation and maintenance of any solid waste management facility and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of solid waste management facilities. However, no permit shall be revoked without first providing the permit holder with the opportunity for a hearing.  HISTORY: 1991 Act No. 63, Section 1.
 (A) It shall be unlawful for any person to manage solid wastes in this State without reporting such activity to the department as required by regulation.  (B) It shall be unlawful for any person to manage solid wastes in this State without complying with the standards and procedures set forth in such regulations.  (C) It shall be unlawful for any person to fail to comply with this article and any regulations promulgated pursuant to this article, or to fail to comply with any permit issued under this article, or to fail to comply with any order issued by the board, commissioner, or department.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, or the department may bring civil action for injunctive relief in the appropriate court, or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties established by regulation, not to exceed ten thousand dollars for each day of violation, for violations of the provisions of this article, including any order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the court of common pleas.  (B) A person who wilfully violates any provision of this article, or a regulation promulgated pursuant to this article, is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment shall be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of this subsection shall not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.  (C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, or requirement established under this article constitutes a separate offense.  HISTORY: 1991 Act No. 63, Section 1.
 (A) The department shall establish qualifications for and encourage the development of certification programs for operators of landfills, coordinators of local recycling programs, and operators of other solid waste management facilities.  (B) The department shall work with accredited community colleges, vocational technical centers, state universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be certified as operators of solid waste management facilities.  (C) Two years after this article is effective, no person may perform the duties of an operator of a solid waste management facility unless he has completed an operator certification course approved by the department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless such person has completed an approved solid waste management facility operator certification course.  (D) The department shall adopt regulations to carry out the provisions of this section. The department may establish by rule classifications for operators to cover the need for differing levels of certification required to operate various types of solid waste management facilities due to different operating requirements at such facilities.  (E) For purposes of this section, the term "operator" means any person, including the owner, who is principally engaged in, or is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or period during any part of the day.  HISTORY: 1991 Act No. 63, Section 1.
 (A) Upon the submission of a permit application to the department for a municipal solid waste disposal facility, the permit applicant shall within fifteen days of the date of submission of the application publicize the submission by public notice and in writing as follows:  (1) If the application is for a facility serving no more than one county, the public notice must be published in a newspaper of general circulation serving the host county, and each local government in the county shall be notified further in writing of the permit application.  (2) If the application is for a facility serving more than one county, the public notice must be published in a newspaper of general circulation serving each affected county, and each local government within such counties shall be notified in writing of the permit application. For the purpose of this item, "affected county" includes the host county, each county under contract with the proposed facility, and all counties contiguous to the host county.  (3) The public notice must be prominently displayed in the courthouse of each notified county. and  (4) The initial public notice and all other public notices required under this section, at a minimum, shall contain:  (a) the name and address of the applicant;  (b) the nature of the proposed facility;  (c) a description of the proposed site;  (d) a locational map showing the proposed site; and  (e) such other information as is necessary to fully inform the public to be determined by regulations to be promulgated by the department.  (B) The department shall review the application and supporting data and make a determination whether the permit application is administratively complete. The department shall notify, in writing, the applicant, the host local government, if different from the applicant, and any other person who has made a written request for notification to the department of this determination.  (C) Upon receipt from the department of notice that the permit application is administratively complete, the host local government for the proposed site, within forty-five days of receipt of such notification from the department, as outlined in items (1), (2), (3), and (4) of subsection (A), shall advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process.  (D) Following notification that the permit application is administratively complete, the department shall continue to review the applicant's permit application, but the department shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this section have been exhausted.  (E) The department shall not be a party to the negotiation process described in this section, nor shall technical environmental issues which are required by law and by regulation to be addressed in the permitting process be considered negotiable items by parties to the negotiation process.  (F) Within thirty days following a public meeting held in accordance with subsection (C), a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least twenty-five affected persons, at least twenty of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term "affected person" means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government. To be valid, signatures shall be accompanied by the following information:  (1) for a registered voter: home address and voter registration number; and  (2) for a landowner: home or business address and the county in which the property lies, together with its tax map number.  (G) Within fifteen days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this section.  (H) Within fifteen days following the validation of the written petition, the host local government shall:  (1) set a date, time, and location for a petitioner's meeting to choose a citizens' facility issues committee and a date, time, and location for a meeting with the citizens' facility issues committee, the host local government, and the permit applicant not later than thirty days following validation of such written petition to negotiate;  (2) notify the petitioners by publication as provided in items (1), (2), (3), and (4) of subsection (A) that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting; and  (3) notify the permit applicant, if different from the host local government, and the department that the facility issues negotiation process is being initiated and the date, time, and location of the first negotiation meeting.  (I) The host local government shall organize the petitioners meeting. The majority of the petitioning persons in attendance shall select up to ten members, at least eighty percent of whom shall be registered voters or landowners in the host local government, to serve on a citizens" facility issues committee to represent the petitioning persons in the negotiation process. The membership of the citizens" facility issues committee shall be chosen within fifteen days following the validation of such written petition pursuant to this section.  (J) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens" facility issues committee, from a list provided by the department. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant.  (K) Beginning with the date of the first negotiation meeting called in accordance with subsection (H), there shall be no fewer than three negotiation meetings within forty-five days unless waived by consent of the applicant and a majority of the facility issues committee. Such negotiation meetings shall be presided over by the facilitator named in subsection (J) and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.  (L) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government.  (M) All issues except those which apply to environmental permit conditions are negotiable. Environmental permit conditions are not negotiable. Issues which may be negotiated include, but are not limited to:  (1) operational issues, such as hours of operation;  (2) recycling efforts that may be implemented;  (3) protection of property values;  (4) traffic routing and road maintenance; and  (5) establishment of local advisory committees.  (N) At the end of the forty-five-day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in items (1), (2), (3), and (4) of subsection (A) and shall include the date, time, and place as determined by the facilitator of a public meeting, to be held within ten days after publication, with the permit applicant, host local government, and facility issues committee, at which the input of persons not represented by the citizens" facility issues committee may be received.  (O) The negotiated concessions reached by agreement of all the negotiating parties shall be reduced to writing and executed by the chairman of the citizens' facility issues committee and the chief elected official of the host local government and must be certified by resolution of the host local government.  (P) If the negotiating parties fail to reach consensus on an issue, the permit applicant may proceed to seek a permit from the department. The facilitator shall notify the department in writing that the negotiating parties have failed to reach consensus and the nature of the disputed issues.  (Q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the department. The facilitator shall notify the department in writing that the negotiating parties have reached consensus.  (R) Negotiated concessions shall not be construed as environmental permit conditions. However, they may be enforced by any negotiating party in a civil proceeding.  (S) Upon receipt of a written notification from the facilitator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the department shall proceed to process the permit.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 18.
 (A) It is the policy of this State to promote appropriate methods of solid waste management prior to utilizing the options of disposal in landfills, treatment or disposal by incineration or other treatment, storage, or disposal methods, and to assist local government with solid waste management functions. In furtherance of this state policy, it shall be preferable to reduce the production and generation of waste at the source and to promote the reuse and recycling of materials rather than the treatment, storage, or disposal of wastes by landfill disposal, incineration, or other management methods designed to handle waste after it enters the waste stream.  It is the policy of this State that the methods of management of solid waste shall protect public health, safety, and the environment by employing the best available technology which is economically feasible for the control of pollution and the release of hazardous constituents into the environment. Such methods shall be implemented in a manner to maximize the reduction of solid waste through source reduction, reuse, and recycling.  (B) It is the policy of this State to encourage research by private entities, by state agencies, and by state-supported educational institutions into the reduction of solid waste production and generation.  (C) It is the policy of this State to encourage a regional approach to solid waste management.  (D) It is the goal of this State to reduce, on a statewide per capita basis, the amount of municipal solid waste being generated to 3.5 pounds per day not later than June 30, 2005.  (E) It is the goal of this State to recycle, on a statewide basis, at least thirty-five percent, calculated by weight, of the municipal solid waste stream generated in this State no later than June 30, 2005.  (F) It is the goal of this State to continue setting new and revised solid waste recycling and waste reduction goals after June 30, 2005. These goals must be established in a manner so as to attempt to further reduce the flow of solid waste being disposed of in municipal solid waste landfills and solid waste incinerators.  (G) It is the policy of this State that each county or region make every effort to meet, on an individual basis, the state solid waste recycling and reduction goals and that each county or region, and municipalities located therein, which meet this goal be financially rewarded by the State.  (H) For the purposes of Sections 44-96-50 and 44-96-60, "municipal solid waste" includes, but is not limited to, wastes that are durable goods, nondurable goods, containers and packaging, food scraps, yard trimmings, and miscellaneous inorganic wastes from residential, commercial, institutional, and industrial sources including, but not limited to, appliances, automobile tires, old newspapers, clothing, disposable tableware, office and classroom paper, wood pallets, and cafeteria wastes. "Municipal solid waste" does not include solid wastes from other sources including, but not limited to, construction and demolition debris, auto bodies, municipal sludges, combustion ash, and industrial process wastes that also might be disposed of in municipal waste landfills or incinerators.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Sections 2, 3.
 (A) Not later than eighteen months after this chapter is effective, the department shall submit to the Governor and to the General Assembly a state solid waste management plan. All regulations promulgated by the department in accordance with this chapter are subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act. The plan shall, at a minimum, include:  (1) an inventory of the amounts and types of solid waste currently being disposed of at solid waste disposal facilities in this State, both in the municipal solid waste stream and in the industrial solid waste stream;  (2) an estimate of solid waste which will require disposal at solid waste disposal facilities in this State projected for the twenty-year period following this chapter's effective date;  (3) an estimate of the current capacity in this State to manage solid waste, including an identification of each solid waste management facility and a projection of its remaining useful life;  (4) an evaluation of current solid waste management practices, including without limitation waste reduction, recycling, incineration, storage, processing, disposal, and export;  (5) an analysis of the types of solid waste facilities which will be needed to manage the state's solid waste during the projected twenty-year period;  (6) a description of procedures by which the State may facilitate the siting, construction, and operation of new facilities needed to manage the state's solid waste over the projected twenty-year period;  (7) an evaluation of existing local government solid waste management programs, including recommendations, if necessary, on ways to improve such programs;  (8) a description of the means by which the State shall achieve its statewide solid waste recycling and reduction goals; including recommendations on which categories of solid waste materials should be recycled;  (9) procedures and requirements for meeting state goals for waste reduction and recycling, including composting, and objectives for waste-to-energy implementation and sanitary landfilling;  (10) a description of existing state programs and recommendations for new programs or activities that will be needed to assist local governments in meeting their responsibilities under this article, whether by financial, technical, or other forms of aid;  (11) procedures by which local governments and regions may request assistance from the department;  (12) procedures for encouraging and ensuring cooperative efforts in solid waste management by the State, local governments, and private industry, including a description of the means by which the State may encourage local governments to pursue a regional approach to solid waste management;  (13) minimum standards and procedures developed after consulting with local government officials which must be met by a county or region in its solid waste management plan, including the procedures which will be used to provide for input from private industry and from private citizens;  (14) a comprehensive analysis of the amounts and types of hazardous waste currently being disposed of in municipal solid waste landfills and recommendations regarding more appropriate means of managing such waste;  (15) a description of the public education programs to be developed in consultation with local governments, other state agencies, and business and industry organizations to inform the public of solid waste management practices in this State and the need for and the benefits of recycling, reduction, and other methods of managing the solid waste generated in this State;  (16) a description of the program for the certification of operators at solid waste management facilities;  (17) recommendations on whether to require that certain solid waste materials be made degradable and, if so, which categories of materials; and  (18) a fiscal impact statement identifying the costs incurred by the department in preparing the state solid waste management plan and which will be incurred in carrying out all of the department's duties and responsibilities under this chapter, including the number of new employees which may be necessary, and an estimate of the revenues which will be raised by the various fees authorized by this chapter.  (B) After submission of the state solid waste management plan, the department shall submit to the Governor and to the General Assembly by March fifteenth of each year a comprehensive report on solid waste management in this State for the previous year. The annual report shall, at a minimum, include:  (1) any revisions in the state solid waste management plan which the department determines are necessary;  (2) a description and evaluation of the progress made in implementing the state solid waste management plan;  (3) a description and evaluation of the progress made by local governments in implementing their solid waste management plans;  (4) an inventory of the amounts and types of solid waste received, recycled, incinerated, or disposed at solid waste disposal facilities during the previous year and the methods of recycling, incineration, or disposal used including, but not limited to, paper, polystyrene, and beverage containers;  (5) a determination of the success of the State, each county or region, and municipality, if a program is in existence in the municipality, in achieving the solid waste recycling and reduction goals established in Section 44-96-50;  (6) recommendations to the Governor and to the General Assembly for improving the management of solid waste in this State; and  (7) the number of lead-acid batteries recycled.  The department may establish procedures and promulgate regulations necessary to obtain recycling data. These procedures may include, but are not limited to, registration of municipal solid waste recyclers and requiring municipal solid waste recyclers to submit annual reports on the amounts, actual or estimated, and types of materials recycled and the county, when available, in which the materials were generated.  (C) Not later than six months after this chapter is effective, there shall be established a State Solid Waste Advisory Council. The council shall consist of the following sixteen members:  (1) twelve members appointed by the Governor which shall include one member to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; and two members shall represent municipalities to be recommended by the South Carolina Municipal Association. County, regional, and municipal representatives who are elected officials shall serve ex officio;  (2) the consumer advocate or his designee;  (3) one member to represent the Department of Health and Environmental Control;  (4) the Secretary of Commerce or his designee; and  (5) one member to represent the Governor.  The members of the council in (1) above appointed after May 27, 1997, shall serve terms of four years dating from May 27, 1997, except that the member representing manufacturing interests, one member representing the solid waste disposal industry, the member representing existing private recycling industry, one member representing the general public, the member representing a county with a population of over one hundred thousand, and one municipal member must be appointed for a term of two years dating from May 27, 1997, and subsequent appointment of these members must be for a term of four years. No member appointed after May 27, 1997, may serve more than two terms. Members named in (2), (3), (4), and (5) above shall serve co-terminus with their office or at the pleasure of the respective appointing authority. No member appointed before May 27, 1997, shall serve past May 27, 2001. Members shall promulgate regulations concerning meeting attendance. The council shall advise the department on the preparation of the state solid waste management plan, on methods of implementing the state plan on the preparation of the annual reports by the department on solid waste management and provide technical expertise regarding solid waste management grants and planning. The council shall be provided with drafts of the plan and reports and shall be given adequate opportunity to comment. The council also shall be advised on a regular basis by the department regarding the grant applications which have been accepted or denied under the Solid Waste Management Grant Program and on the status of the Solid Waste Management Trust Fund.  HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1151; 1994 Act No. 361, Section 8; 1997 Act No. 131, Section 1; 2000 Act No. 405, Sections 4, 5 and 20.
 (A) Not later than fifteen months after the date on which the department submits its state solid waste management plan to the Governor and to the General Assembly, the governing body of each county, if the county intends to submit a single county plan, or the governing bodies of the counties in a region, if two or more counties intend to submit a regional plan, in cooperation with the local governments located in the county or region, shall prepare a solid waste management plan for the area within that county or region. Local governments within the county or region shall participate in the development of the county or regional plan and are required to be a part of the plan. This plan must provide for public participation and include, at a minimum, the following:  (1) an estimate of the amount of solid waste currently disposed of at solid waste disposal facilities within that county or region and a projection of the amount of solid waste which will be disposed of at solid waste disposal facilities during the twenty-year period following this chapter's effective date;  (2) an estimate of the current capacity within that county or region to manage solid waste, including identification of each solid waste management facility and a projection of its useful life;  (3) an analysis of the existing and new solid waste facilities which will be needed to manage the solid waste generated within that county or region during the projected twenty-year period;  (4) an estimate of the cost of implementing the solid waste management plan within that county or region;  (5) an estimate of the revenue which each local government or region needs and intends to make available to fund implementation of the solid waste management plan;  (6) an estimate of the cost of siting, constructing, and bringing into operation any new facilities needed to manage solid waste within that county or region during the projected twenty-year period;  (7) a description and estimate of the sources and amount of revenues which can be made available for the siting, construction, and operation of new solid waste management facilities;  (8) a description of resource recovery, or recycling program, or both, which shall be implemented in each county or region which shall include, at a minimum, the following:  (a) the designation of a recycling coordinator;  (b) an identification of the categories of solid waste materials to be source separated, recovered, recycled, or all of the above;  (c) an identification of the means by which such materials will be collected and marketed;  (d) a description of the incentives or penalties, or both, that will be used to ensure compliance with the recycling program; and  (e) a description of the public education program which will be used to inform the public of the need for and benefits of source separation, recovery, and recycling and of the requirements of the recycling program.  A county or region may be exempted from the requirements of Section 44-96-80(A)(8)if it provides sufficient justification to the department that the implementation of a source separation, resource recovery, recycling program, or all of the above within that county or region is economically infeasible or impracticable or that such program is unnecessary for the county or region to meet the waste recycling and reduction goals established in Section 44-96-50; and  (9) a description of efforts, in addition to the recycling program, which will be undertaken within that county or region to meet the solid waste reduction goal as established on a statewide basis in Section 44-96-50.  (B) Each county or region shall submit its solid waste management plan to the department for review. The department shall have one hundred eighty days from the date on which a plan is submitted to review the plan and provide comments to the submitting entity. At the end of the one hundred eighty-day review period, the county or region shall begin implementation of its solid waste management plan. Such plan must be implemented not later than one year after the end of the one hundred eighty-day review period.  (C) Each solid waste management plan submitted by a county or region shall be designed to achieve within that county or region the same recycling and waste reduction goals established on a statewide basis in Section 44-96-50. Nothing in this chapter, however, prohibits a county or region from setting higher percentage goals for recycling and waste reduction in its solid waste management plan than the goals established in Section 44-96-50. The department may reduce or modify the statewide goals as they apply to a county or region to account for industrial growth or other good cause shown. However, reduction or modification must not result in a failure to meet the recycling and reduction goals on a statewide basis as established in Section 44-96-50.  (D) Each county or region submitting a solid waste management plan containing a source separation, resource recovery, recycling programs, or all of the above to the department shall provide its residents with the opportunity to recycle the categories of solid waste materials designated in the county or regional solid waste management plan. The opportunity to recycle may include one or more of the following:  (1) curbside collection systems;  (2) drop-off centers;  (3) collection centers; or  (4) collection systems for multi-family residences.  (E) Each solid waste management plan submitted pursuant to this section shall be consistent with the state solid waste management plan, with the provisions of this chapter, with all other applicable provisions of state law, and with any regulation promulgated by the department for the protection of public health and safety or for protection of the environment.  (F) Each county or region submitting a solid waste management plan to the department shall thereafter submit an annual progress report to the department by a date to be determined by the department. The annual report shall contain information as may be requested by the department but must contain, at a minimum, the following:  (1) any revisions to the solid waste management plan previously submitted by the county or region;  (2) the amount of waste disposed of at municipal solid waste disposal facilities during the previous year by type of waste;  (3) the percentage reduction each year in solid waste disposed of at municipal solid waste disposal facilities;  (4) the amount, type, and percentage of materials that were recycled, if any, during the previous year;  (5) the percentage of the population participating in various types of source separation, recovery, or recycling activities during the previous year; and  (6) a description of the source separation, recovery, or recycling activities or all of the above activities attempted, if any, their success rates, the reasons for their success or failure, and a description of such activities which are ongoing.  (G) Counties are strongly encouraged to pursue a regional approach to solid waste management. Nothing in this chapter, however, shall be construed to require a county to participate in a regional plan or to prohibit two or more counties within the State which are not contiguous from preparing, approving, and submitting a regional solid waste management plan or one or more counties, including industrial waste generators located therein, from contracting with an in-state solid waste disposal facility located outside of the county or region. Not later than eighteen months after the date of enactment of this chapter, each county shall notify the department in writing whether it intends to submit a single county solid waste management plan or to participate in a regional plan.  (H) Local governments may enter into cooperative agreements with other local governments to provide for the collection, separation, or recycling of solid waste at mutually agreed upon sites. Local governments may expend funds received from any source to establish and maintain such regional facilities and to provide for sharing the costs of establishing and maintaining such facilities in an equitable manner.  (I) Each county or region shall ensure that all their local governments participate in the preparation and implementation of the solid waste management plan, including the source separation, resource recovery, or recycling program, or all of the above.  (J) The governing body of a county has the responsibility and authority to provide for the operation of solid waste management facilities to meet the needs of all incorporated or unincorporated areas of the county. Nothing in this chapter, however, prohibits a local government from continuing to operate or to use an existing management facility, permitted on or before this chapter is effective, in accordance with the provisions of the solid waste management plan submitted by the county or region within which the local government is located. Notwithstanding any provision of law to the contrary, a county which does not regulate the operation or closure of a solid waste management facility, or which has not obtained a permit for that solid waste management facility, shall not be held liable for the operation, closure, and postclosure of that solid waste management facility if it is owned and operated by a private entity under a permit issued by the department. However, that inclusion in a county or regional plan shall not constitute regulation by a county or region under this section.  (K) The governing body of a county is authorized to enact such ordinances as may be necessary to carry out its responsibilities under this chapter; provided, however, that the governing body of a county may not enact an ordinance inconsistent with the state solid waste management plan, with any provision of this chapter, with any other applicable provision of state law, or with any regulation promulgated by the department providing for the protection of public health and safety or for protection of the environment.  (L) (Reserved)  (M) Not later than eighteen months after this chapter is effective, each operator of a municipal solid waste disposal facility shall install scales conforming to requirements established by the department to weigh and record all solid waste when it is received. The department shall promulgate regulations exempting existing facilities which can demonstrate financial hardship and establishing a volume equivalent for such facilities to use in estimating the weight of the solid waste which they receive. All solid waste disposal facilities permitted on or after this chapter is effective shall install scales.  (N) Not later than one year after this chapter is effective, there shall be established a local Solid Waste Advisory Council for each county or region intending to submit a solid waste management plan. The local council shall advise the county or region on the preparation of the solid waste management plan and on methods of implementing the plan. The local council shall be provided with all drafts of the plan and shall be given sufficient opportunity to comment on the drafts. Each local council shall consist of not more than fifteen members. The membership of each council shall be as follows:  (1) one-third of the membership of the council shall represent the county or member counties of a region and shall be appointed by the governing body or bodies of the county or counties;  (2) one-third of the membership of the council shall represent the municipalities within the county or region and shall be appointed by the governing body or bodies of the municipalities within the county or region; and  (3) one-third of the membership of the council shall include a representative of the private solid waste management industry and a representative of the private recycling or processing industry, if any, operating within the county or region, and at least two members shall represent the general public and have been active in public participation on environmental issues for the past five or more years. These members shall be appointed by the county and municipal representatives serving on the council. Each local council shall elect a chairman and vice-chairman from among its members. Members shall promulgate regulations concerning meeting attendance. Each council shall, at a minimum, remain in existence until the end of the one hundred eighty-day review period for the plans, but may remain in existence for a longer period of time as determined by its appointing entities. The comments of a local council on the final solid waste management plan shall be forwarded to the department when the final plan is submitted.  (O) Any amendments to a county or regional solid waste management plan must be adopted and implemented in the same manner as provided for in the initial plan.  (P) This chapter does not:  (1) authorize a local government to enter into agreements or to enact ordinances or resolutions determining private rights with respect to recovered materials in solid waste separated for recycling use or reuse at any time prior to pickup by or delivery to a local government or persons under contract with the local government; or  (2) prohibit a generator of recovered materials from selling, conveying, or arranging for the transportation of materials to a recycler for recycling nor prevent a recycling company or nonprofit entity from collecting and transporting recovered materials from a buy-back center, drop box, or a generator of recovered materials.  HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 6.
 (A) There is established a Solid Waste Emergency Fund to be administered by the department of Health and Environmental Control.  (1) Beginning the state fiscal year after the effective date of this section, the department shall transfer two and one-half percent of the funds remitted quarterly to the Solid Waste Management Trust Fund pursuant to Sections 44-96-160, 44-96-170, 44-96-180, and 44-96-200 to a special sub-fund designated as the Solid Waste Emergency Fund.  (2) The department shall deposit quarterly payments into the Solid Waste Emergency Fund until the unencumbered balance equals $1,500,000.  (3) When expenditures from the account occur, the department shall, on a quarterly basis, transfer funds in accordance with this section until such time as the unencumbered balance of the fund equals $1,500,000.  (B) The monies in the Solid Waste Emergency Fund may be expended by the department exclusively at the discretion of the director to address a substantial release or threat of substantial release into the environment of any pollutant or other circumstance which may present an imminent and substantial danger to human health and the environment from a solid waste facility regulated under this chapter. The director may authorize the department to take direct emergency actions or enter into a contract to perform emergency actions to protect human health and the environment at solid waste sites.  (C) This subsection does not apply to the release or discharge of a substance which is in compliance with a permit, license, approval, special order, waiver or variance issued under this chapter or under applicable federal statutes or regulations.  (D) The Solid Waste Emergency Fund may not be used to perform routine actions at solid waste sites such as operations, maintenance, monitoring, or remedial actions in which no imminent threat to human health and the environment exists. The department shall take all reasonable efforts to compel a permittee or other responsible party to address the threat before expending funds from the Solid Waste Management Trust Fund.  (E) The collection or expenditure of funds under this section are separate from any activities by the department or the federal environmental protection agency acting under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. Code 9601, et seq.  (F) The Attorney General or the department shall take all reasonable actions to recover costs for expenditures made from the Solid Waste Emergency Fund. The department may seek cost recovery from persons whose wilful disregard of this statute or regulations promulgated pursuant to this statute resulted in the need for emergency action. Funds recovered must be deposited into the Solid Waste Emergency Fund.  (G) An authorized representative or employee of the department may enter at all times onto any site, facility, property, and surrounding areas for the purpose of investigating or addressing emergency situations. Notice to the owner or occupant is not required if immediate action is necessary and the delay required to provide this notice may present an imminent and substantial hazard to human health, safety or to the environment.  HISTORY: 2018 Act No. 170 (H.4644), Section 1, eff May 3, 2018.
 (A) Not later than one year after this chapter is effective, the department shall promulgate regulations establishing the method for local governments to use in calculating the full cost for solid waste management within the service area of the local government which, at a minimum, shall include the provisions of subsections (C), (D), and (E)of this section. The department shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.  (B) Not later than one year after promulgation of the regulations provided in Section 44-96-80(A), and annually thereafter, each local government shall determine its full cost for its solid waste management services within its service area for the previous year. Each local government shall publish annually a notice in a newspaper of general circulation in its service area setting forth the full cost and the cost to residential and nonresidential users, on an average or individual basis of its solid waste management services within its service area for the previous year. In calculating the costs, local governments must include costs charged to them by persons with whom they contract for solid waste management services.  (C) For local governments which provide collection, recycling, transfer station services, or all three services, "full cost" shall, at a minimum, include an itemized accounting of:  (1) the cost of equipment, including, but not limited to, trucks, containers, compactors, parts, labor, maintenance, depreciation, insurance, fuel and oil, and lubricants for equipment maintenance;  (2) the cost of overhead, including, but not limited to, supervision, payroll, land, office and building costs, personnel and administrative costs of running the waste management program, and support costs from other departments, government agencies, and outside consultants or firms;  (3) the cost of employee social security, worker's compensation, pension and health insurance payments; and  (4) disposal cost and laboratory and testing costs.  (D) For local governments which provide disposal services, "full cost" shall, at a minimum, include an itemized accounting of:  (1) the cost of land, disposal site preparation, permits and licenses, scales, buildings, site maintenance and improvements;  (2) the cost of equipment, including operation and maintenance costs such as parts, depreciation, insurance, fuel and oil, and lubricants;  (3) the cost of labor and overhead, including, but not limited to, supervision, payroll, office and building costs, personnel and administrative costs of running the waste management program, and support costs from, and studies provided by, other departments, government agencies, and outside consultants or firms;  (4) the cost of employee social security, worker's compensation, pension and health insurance payments; and  (5) disposal costs, leachate collection and treatment costs, site monitoring costs, including, but not limited to, sampling, laboratory and testing costs, environmental compliance inspections, closure and postclosure expenditures, and escrow, if required.  (E) For purposes of this section, "service area" means the area in which the local government provides, directly or by contract, solid waste management services.  (F) A person operating under an agreement to collect or dispose of solid waste within the service area of a local government or region shall assist and cooperate with the local government or region to make the calculations or to establish a system to provide the information required under this section. However, contracts entered into prior to the effective date of this chapter are exempt from the provisions of this section.  HISTORY: 1991 Act No. 63, Section 1.
 As used in this chapter:  (1) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.  (2) "Authorized entity" means any entity or organization, other than a school described in Section 59-63-95, in connection with or at which allergens capable of causing anaphylaxis may be present including, but not limited to, recreation camps, colleges and universities, daycare facilities, places of worship, youth sports leagues, amusement parks, restaurants, places of employment, and sports arenas.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.  (5) "Health care practitioner" means a physician, an advanced practice registered nurse authorized to prescribe medication pursuant to Section 40-33-34, or a physician assistant authorized to prescribe medication pursuant to Sections 40-47-955 through 40-47-965.  (6) "Physician" means a person authorized to practice medicine pursuant to Article 1, Chapter 47, Title 40.  (7) "Provide" means the supply of one or more epinephrine auto-injectors to an individual.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
 Notwithstanding any other provision of law, a health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this chapter. Notwithstanding any other provision of law, pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this chapter is valid for two years. For the purposes of administering and storing epinephrine auto-injectors, authorized entities are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
 Notwithstanding any other provision of law, an authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this chapter. Epinephrine auto-injectors acquired pursuant to this chapter must be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use, requirements that may be established by the South Carolina Department of Health and Environmental Control, and recommendations included as part of an approved training. An authorized entity shall designate employees or agents who have completed the training required by Section 44-99-50, to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
 Notwithstanding any other provision of law, an employee, agent, or other individual associated with an authorized entity, who has completed the training required by Section 44-99-50, may use epinephrine auto-injectors prescribed pursuant to Section 44-99-20 to:  (1) provide an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of that individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and  (2) administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
 (A) An employee, agent, or other individual described in Section 44-99-30 or 44-99-40, before undertaking an act authorized by this chapter, shall complete an anaphylaxis training program and must complete an anaphylaxis training program at least every two years following completion of the initial anaphylaxis training program. The training must be conducted by the South Carolina Department of Health and Environmental Control, a licensed medical provider, a nationally recognized organization experienced in training laypersons in emergency health treatment, the manufacturer of an epinephrine auto-injector, an organization with a training program that has been approved in at least three states, or an entity or individual approved by the department. The department also may approve specific entities or individuals or may approve classes of entities or individuals to conduct training.  (B) Training may be conducted online or in person and, at a minimum, must address:  (1) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;  (2) standards and procedures for the storage and administration of an epinephrine auto-injector; and  (3) emergency follow-up procedures.  (C) The entity that conducts the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The certificate, at a minimum, must include:  (1) the name of the organization or individual conducting the training;  (2) the name of the individual being trained; and  (3) the date the training occurred.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
 (A) An authorized entity that possesses and makes available epinephrine auto-injectors, and its employees, agents, and other individuals, a health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, a pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, a third party that facilitates the availability of epinephrine auto-injectors to an authorized entity, the department or other state agency engaged in approving training or in providing guidance to implement this chapter, and an individual or entity that conducts the training described in Section 44-99-50, are not liable for any injuries or related damages that result from any act or omission taken pursuant to this chapter; however, this immunity does not apply to acts or omissions constituting negligence, gross negligence, or wilful, wanton, or reckless disregard for the safety of others or for an act or omission that is performed while the individual is impaired by alcohol or drugs.  (B) The administration of an epinephrine auto-injector in accordance with this chapter is not the practice of medicine or any other profession that otherwise requires licensure.  (C) This chapter does not eliminate, limit, or reduce any other immunities or defenses that may be available pursuant to state law, including those available pursuant to Section 15-1-310 and Chapter 78, Title 15.  (D) An entity located in this State is not liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this State if the entity:  (1) would not have been liable for the injuries or related damages had the provision or administration occurred within this State; or  (2) is not liable for the injuries or related damages under the law of the state in which such provision or administration occurred.  HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.