reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2420. Definitions.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2440. Annual reports and quarterly bulletins; contents; publicizing of reports.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2450. Protection of patient confidentiality; reporting accidents or incidents.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2460. Ensuring compliance with article and regulations; civil monetary penalties; promulgation of regulations.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2515. Purpose of article.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2520. Definitions.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2530. Duties of department; role of other publicly funded agencies.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2540. Interagency system to be developed.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2550. Regulations.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2560. Individualized family service plans.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2570. Fees for services; insurance.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2590. Confidentiality of records and information; exceptions; penalties for unauthorized disclosure.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2600. Reports to Joint Legislative Committee on Children.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2610. Local interagency coordinating councils.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2920. Criminal record check procedures.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2930. Personnel records.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2940. Department of Health and Environmental Control oversight of criminal record checks by direct care entities; license renewals.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-2950. Civil fines for violation of criminal record check requirements.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3120. Legal description of land and improvements.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3130. Nature of University Medical Associates (UMA).

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3140. Employee grievances.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3150. Consultation required.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3160. Personal profiting prohibited.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3180. Valuation of purchase upon default or expiration of lease.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3190. Written consent requirement for discontinuation or transfer of inpatient clinical service.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3200. UMA agreements subject to review and approval; agreements must not conflict.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3210. Co-payment for members of the General Assembly.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3220. Indigent patient services.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3230. Guarantee of financial obligations.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3410. Citation of article.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3420. Definitions.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3430. Identification badges.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3440. Written information to be provided to patient.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3450. Right of patient to contact attending physician; nurse's duty to assist; mechanism for resolution of patient's personal medical care concerns.

(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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3455. Mental and specialized alcohol or drug abuse treatment hospitals exemption.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3460. Administration and enforcement of article.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-3470. Civil cause of action; other claim.

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).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-10. Targeted community program for dental health education, screening, and treatment referral in public schools; coordination of efforts; promulgation of regulations; Acknowledgment of Dental Screening.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-20. Definitions.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-30. Acknowledgement of Dental Screening; time limits for presentation to school.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-40. Dental screening in school setting; notification to parents and community oral health coordinator of necessity of further professional attention; duties of coordinator.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-50. Parental exemption form; acceptance in place of Acknowledgment of Dental Screening.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 8 - Community Oral Health Coordinator › Section 44-8-60. Implementation of chapter contingent on appropriation of adequate funds.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-10. Creation of Department of Mental Health; jurisdiction.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-20. Transfer of powers, duties, records, and files from former Mental Health Commission.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-30. Creation of South Carolina Mental Health Commission; appointment and terms of members; removal; duties; expenses.

(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."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 9 - State Department Of Mental Health › Section 44-9-40. State Director of Mental Health; appointment and removal; powers and duties; qualifications.

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.