reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 6 - Department Of Health And Human Services › Section 44-6-1010. Pharmacy and Therapeutics Committee established; membership.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 6 - Department Of Health And Human Services › Section 44-6-1020. Adoption of bylaws; election of chairman and vice chairman; compensation; meetings; public comment on clinical and patient care data from Medicaid providers.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 6 - Department Of Health And Human Services › Section 44-6-1030. Recommendation of therapeutic classes of drugs to be included on preferred drug list.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 6 - Department Of Health And Human Services › Section 44-6-1040. Preferred drug list program; procedures to be included.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 6 - Department Of Health And Human Services › Section 44-6-1050. Prior authorization for drug; refills; appeals.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-10. Public hospitals may maintain eye banks.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-20. Disturbing patients with radios or musical instruments.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-30. Defrauding hospitals.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-40. Conveyance to Federal Government of lands for veterans' hospital.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-50. Modification of doctrines of charitable and sovereign immunity as they relate to hospitals and other medical facilities.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-60. Borrowing money by nonprofit public hospitals.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-70. Report to State Board of Medical Examiners concerning action resulting in limitation upon physician's privilege to practice in health care facility.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-77. Program to obtain voluntary acknowledgment of paternity of newborns.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-78. Authority to establish facilities, programs, and services in other locations.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-80. Definitions.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-82. Permit requirement.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-88. Involuntary discharge or transfer of Medicaid nursing home patients prohibited; request for waiver of permit requirements.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-110. Short title.

This article may be cited as the "State 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; 2023 Act No. 20 (S.164), Section 1.B, eff May 16, 2023.
Effect of Amendment
2023 Act No. 20, Section 1.B, deleted "Certification of Need and" following "State".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-120. Purpose.

The purpose of this article is to ensure that high quality services are provided in health facilities in this State. To achieve these purposes, this article requires 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; 2023 Act No. 20 (S.164), Section 2, eff May 16, 2023.
Effect of Amendment
2023 Act No. 20, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-140. Department as sole agency for control of program.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-150. Duties of department.

(A) 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 duties under this article;
(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; and
(5) promulgate regulations, in accordance with the Administrative Procedures Act, that establish fees as authorized by this article.
(B) Fee schedules authorized by Article 3, Chapter 7, Title 44 that are in effect as of January 1, 2023, shall remain in effect until further regulations are promulgated pursuant to Section 44-7-150 (5), as amended by this act.
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; 2023 Act No. 20 (S.164), Section 4, eff May 16, 2023.
Effect of Amendment
2023 Act No. 20, Section 4, inserted the (A) designator, and in (3), substituted "duties under this article" for "and Certificate of Need duties under this article, including regulations to deal with competing applications", rewrote (5), and made nonsubstantive changes; and added (B).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-160. Certificate of Need requirements.

(A) A person or nursing home 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 nursing home;
(2) a change in the existing bed complement of a nursing home 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 nursing home 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 nursing home 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 nursing home 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 by or on behalf of a nursing home which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation.
(B) A person or health care facility, as defined in this article, is required to obtain a Certificate of Need from the department before undertaking the following:
(1) the construction or other establishment of a hospital;
(2) a change in the existing bed complement of a hospital through the addition of one or more beds or change in the classification of licensure of one or more beds.
(C) Effective January 1, 2027, Section 44-7-160(B) is repealed.
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; 2023 Act No. 20 (S.164), Section 6, eff May 16, 2023.
Effect of Amendment
2023 Act No. 20, Section 6, inserted the (A) designator, substituted "nursing home" for "health care facility" throughout, and in (6), inserted "by or on behalf of a nursing home"; and added (B) and (C).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-161. Medical University of South Carolina.

(A) Notwithstanding any provision of law to the contrary and prior to obtaining a Certificate of Need or licensure pursuant to this article for acquiring a hospital facility, the Medical University of South Carolina shall:
(1) submit details of the proposed acquisition for review and comment of the Joint Bond Review Committee;
(2) receive approval of proposed acquisition by the Fiscal Accountability Authority; and
(3) apply for a Certificate of Need or licensure.
(B) For purposes of this section:
(1) "Medical University of South Carolina" means the Medical University of South Carolina, the Medical University Hospital Authority, or any affiliate thereof.
(2) "Acquiring" means purchasing, leasing, acceptance of a gift, or otherwise, whether by obtaining options for the acquisition of existing hospital facilities, by new construction, or by the acquisition of any property, real or personal, improved or unimproved, including interests in land in fee or less than fee for any hospital facility.
HISTORY: 2023 Act No. 20 (S.164), Section 7, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-170. Certificate of Need exemptions.

(A) The following are exempt from Certificate of Need review:
(1) the relocation of a licensed hospital in the same county in which the hospital is currently located, as long as:
(a) any Certificate of Need issued to the hospital for a project to be located at the hospital's existing location has been fulfilled, withdrawn, or has expired in accordance with Section 44-7-230 and the department's implementing regulations; and
(b) the proposed site of relocation is utilized in a manner that furthers health care delivery and innovation for the citizens of the State of South Carolina;
(2) the purchase, merger, or otherwise the acquisition of an existing hospital by another person or health care facility;
(3) 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) construction of a new hospital with up to fifty beds in any county currently without a hospital;
(2) hospitals 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) any federal hospital sponsored and operated by this State;
(4) hospitals 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; 2023 Act No. 20 (S.164), Section 10, eff May 16, 2023.
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.
2023 Act No. 20, Section 10, rewrote the section.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-190. Project Review Criteria; weighing of criteria.

(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.
(C) Project review criteria must prioritize timely access to health care services and seek a balance between competition in the marketplace and regulation in the provision of health care and must support reasonable patient choice in health care facilities and services. The department shall promulgate regulations within one year of the effective date of this act identifying how the department will incorporate these considerations in reviewing Certificate of Need applications.
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; 2023 Act No. 20 (S.164), Section 11, eff May 16, 2023.
Effect of Amendment
2023 Act No. 20, Section 11, added (C).
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-225. State Health Plan in effect at application and at decision.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-240. Construction program.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-250. Department to establish and enforce basic standards.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-261. Privately-owned education infirmaries.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-262. Minimum resident-staff ratios for nursing homes.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-263. Exemption from provisions of chapter.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-264. Nursing home or community residential care facility licensure; fingerprint-based criminal records check; prohibition of issuance of license or requirement of revocation for certain crimes.

(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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-265. Freestanding or mobile technology regulations to be promulgated.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-266. Uncompensated indigent care requirements; ambulatory surgical facilities.

(A) In order to be licensed by the department, a hospital is prohibited from using economic criteria unrelated to quality of care or professional competency in determining an individual's qualifications for initial or continuing hospital medical staff membership or privileges.
(B) The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.
(C) In order to be licensed by the department, any ambulatory surgical facility established or constructed after the effective date of this section and which does not require a Certificate of Need under this chapter, shall provide indigent/charity care in one of the amounts below after it has been in operation for two calendar years:
(1) if the ambulatory surgical facility provides care to Medicaid beneficiaries, it must provide uncompensated indigent/charity care to the underinsured or medically indigent in an amount equal to or greater than two percent of its adjusted gross revenue; or
(2) if the ambulatory surgical facility does not provide care to Medicaid beneficiaries, it must provide uncompensated indigent/charity care to the underinsured or medically indigent in an amount equal to or greater than three percent of its adjusted gross revenue.
(3) For purposes of this section, "medically indigent" is defined as in Section 44-6-5(5).
(4) An ambulatory surgical facility subject to this provision must provide annual reports to the department to demonstrate its compliance. Noncompliance of this provision shall result in a monetary penalty in the amount of the difference between the services which the facility is required to provide and the amount actually provided.
(D) The department shall promulgate regulations within one year of the effective date of this act setting forth the necessary duties to comply with this provision.
HISTORY: 2023 Act No. 20 (S.164), Section 9, eff May 16, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-270. Applications for license.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-280. Issuance of license; expiration.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-285. Change of ownership and control.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-290. Necessity of complying with article and regulations of department.

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.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts › Section 44-7-295. Authority to enter facilities to investigate violations.

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.