reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-215. Retaining certain funds.

Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B.
HISTORY: 2007 Act No. 49, Section 4, eff June 5, 2007; Reenacted by 2008 Act No. 353, Section 2, Pt 5.A.1, eff July 1, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-220. Skilled and intermediate care nursing facilities licensed by department shall furnish itemized statements of charges for services.

All skilled and intermediate care nursing facilities licensed by the Department of Health and Environmental Control shall be required to furnish an item-by-item billing for all charges to the patient or the person paying such bill, upon request by such patient or person. Items which remain unpaid are not required to be itemized again. Such requests for itemized billing shall remain in effect until further notification by the patient or person paying such bill. Provided, that the provision herein shall not apply to the contracted amount of a state or federal agency. Any amount above such contract shall be itemized as provided herein.
HISTORY: 1975 (59) 279.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-230. Consideration to be given to benefits available to individuals to meet costs of medical or health services.

The Department of Health and Environmental Control shall give consideration to any benefits available to an individual, including private, group or other insurance benefits, to meet, in whole or in part, the cost of any medical or health services. Such benefits shall be utilized insofar as possible; provided, however, the availability of such benefits shall not be the sole basis for determining eligibility for program services of the department. Insurance carriers shall not deny payment of benefits otherwise available to the insured solely on the basis that an individual has applied for, or has been deemed eligible to receive, or has received, services, or on the basis that payments have been made for services by the department.
HISTORY: 1977 Act No. 115.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-260. Early periodic screening, diagnosis, and treatment screening; referral for assistive technology evaluation; definitions.

Upon conducting an early periodic screening, diagnosis, and treatment screening (EPSDT), or another physical examination of a child from which it is determined that the child may benefit from the use of assistive technology, the department or person conducting the screening or examination may refer the child to an appropriate agency for an assistive technology evaluation. For purposes of this section, "assistive technology" means a device or service which is used to increase, maintain, or improve the functional capacities of an individual with a disability. An "assistive technology device" is an item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified, or customized that is used to increase, maintain, or improve the functional capacities of an individual with a disability including, but not limited to, aids for daily living, augmentative communication devices, wheelchairs, and mobility aids, seating and positioning aids, computer aids, environmental controls, home and workplace modifications, prosthetics and orthotics, or aids for vision or hearing impairments. An "assistive technology service" is a service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.
HISTORY: 1997 Act No. 78, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-280. Coordination with First Steps to School Readiness initiative.

The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels.
HISTORY: 1999 Act No. 99, Section 6.
Editor's Note
2016 Act No. 284, Section 117.128, provides as follows:
"117.128. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2016-17."
2017 Act No. 97, Section 117.119, provides:
"117.119. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2017-18."
2018 Act No. 152, Section 8, provides as follows:
"SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-290. Supplier of effluent for irrigation as public utility.

A corporation or person whose only purpose is furnishing, supplying, marketing, or selling treated effluent for irrigation purposes, shall not be considered a public utility for purposes of Title 58 by virtue of the furnishing, supplying, marketing, or selling of the treated effluent, provided that the effluent has not been permitted for consumption by the department or other regulatory agency.
HISTORY: 2007 Act No. 106, Section 2, eff January 1, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-300. Exemption from enforcement of regulation that would prohibit churches and charitable organizations from serving food to public.

The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
HISTORY: 2008 Act No. 353, Section 2, Pt 5C, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 1 - Department Of Health And Environmental Control › Section 44-1-315. Environmental permits and permittees; boundary clarification.

(A) For purposes of the section, "impacted location" means any facility issued or otherwise subject to a permit, license, or approval from the North Carolina Department of Environment and Natural Resources that has now been determined to be located within the jurisdiction of the South Carolina Department of Health and Environmental Control as a result of the amendments to Section 1-1-10, effective January 1, 2017.
(B) Notwithstanding any other provision of law, the South Carolina Department of Health and Environmental Control, in issuing any environmental permit, license, or approval to an impacted location shall provide a schedule of compliance that allows the permittee a reasonable period of time to be no greater than five years to come into compliance with any South Carolina environmental rule, regulation, or standard established by the department or by law that has no corresponding rule, regulation, or standard under North Carolina law or regulation, or is more stringent than the corresponding rule, regulation, or standard established under North Carolina law or regulation. The department may include increments of progress applicable in each year of the schedule established under this subsection, and may shorten the period of compliance as necessary to prevent an imminent threat to the public health and environment. The department may extend a permittee's compliance schedule under this section beyond five years upon written application by the permittee only if the department determines that circumstances reasonably require such an extension, and the extension of time would pose no threat to public health or the environment.
HISTORY: 2016 Act No. 270 (S.667), Section 18, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-70. Financial responsibility of underground storage tank owners and operators.

(A) At the time the federal government mandates financial responsibility for underground storage tank owners or operators, the owner or operator of an underground storage tank containing petroleum or petroleum products shall maintain financial responsibility in the lesser amount of that required by the federal government or in the amount of twenty-five thousand dollars for site rehabilitation and for compensating third parties for property damage and bodily injury arising from the operation of petroleum underground storage tanks per occurrence with an annual aggregate of twenty-five thousand dollars. Financial responsibility requirements may be maintained through insurance, guarantee, surety bond, letter of credit, self-insurance, risk retention group, or any other method satisfactory to the department. No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted. The owner or operator shall demonstrate evidence of financial responsibility to the department.
(B) The department shall promulgate regulations specifying requirements for maintaining evidence of financial responsibility, consistent with the provisions of this chapter, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank. The funds established in Section 44-2-40, for the purposes of these regulations, are acceptable mechanisms for maintaining this financial responsibility by owners and operators of underground storage tanks above twenty-five thousand dollars.
(C) The funds established in Section 44-2-40, combined with the financial responsibility required by this section, may be used by owners and operators of underground storage tanks to demonstrate their compliance with any financial responsibility requirements promulgated under federal regulation.
HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 3; 1992 Act No. 501, Part II Section 43D; 1995 Act No. 145, Part II, Section 2C.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-80. Release of regulated substance; containment, removal, and abatement.

(A) Any person who releases a regulated substance from an underground storage tank immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct site rehabilitation.
(B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.
(C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:
(1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.
(2) The person allows for reasonable access by the underground storage tank owner or operator or the department to perform site rehabilitation activities.
HISTORY: 1988 Act No. 486, Section 2; 1995 Act No. 146, Section 8C; 1997 Act No. 88, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-90. Accrued interest.

Any interest accruing on the Superb Account and the Superb Financial Responsibility Fund must be credited to each respective account.
HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 4; 1991 Act No. 171, Part II, Section 18B; 1992 Act No. 501, Part II, Section 43E; 1994 Act No. 497, Part II, Section 80F; 2020 Act No. 120 (S.525), Section 1, eff March 24, 2020.
Effect of Amendment
2020 Act No. 120, Section 1, deleted the (A) designator, and deleted (B), which had related to the prospective abolition of the environmental interest fee and the use of residual funds for site rehabilitation.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-110. Early detection incentive program.

All releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified for expenditure of funds from the Superb Account, provided that a written report is filed with respect to it. All usual, customary, and reasonable site rehabilitation costs are eligible and any funds expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:
(1) The provisions of this section do not apply to a release at a site where the department has initiated an administrative or civil enforcement action before December 31, 1987.
(2) The provisions of this section do not apply to a release at a site where the department has been denied site access to implement the provisions of this chapter.
(3) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for any costs expended at a release at a site which was either reported to the department or where rehabilitation commenced before December 31, 1987.
(4) The provisions of this section must not be construed to authorize or require compensation from the Superb Account for costs incurred at a release at a site reported to the department between January 1, 1990, and July 1, 1991, unless the costs are in excess of the minimum financial responsibility required of the owner under the applicable provision of Section 44-2-70(A) which was in effect at the time the release was reported.
For all releases reported during the time period established in this section, all site rehabilitation costs must be submitted to the department on or before September 30, 1994, to be considered for payment. After September 30, 1994, no costs will be allowed unless prior approval is obtained from the department. Requests for cost approval must be in accordance with regulations promulgated pursuant to this chapter and criteria established by the department as authorized by this chapter.
HISTORY: 1988 Act No. 486, Section 2; 1990 Act No. 473, Section 6; 1991 Act No. 171, Part II, Section 18C; 1992 Act No. 501, Part II, Section 43F; 1994 Act No. 497, Part II, Section 80G; 1995 Act No. 145, Part II, Section 2E.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-115. Eligibility requirements to be applied to favor eligibility; qualified site remains qualified until correction and compensation; petition for matter to be heard as contested case; reconsideration by mediation panel.

The department shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the department determines that a release at a site qualifies for compensation from the Superb Account, coverage for that release shall continue to be provided, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account. If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge.
HISTORY: 1994 Act No. 497, Part II, Section 80A; 1995 Act No. 145, Part II, Section 2F.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-120. Use of contractors, subcontractors, and employees for rehabilitation or cleanup.

(A) The department shall promulgate regulations relating to the evaluation and approval of site rehabilitation contractors to perform work pursuant to this chapter. In doing so, the department, where appropriate, may utilize or incorporate national or state licensing or certification programs that may assist in this endeavor. The department in these regulations may distinguish between different types of site rehabilitation contractors. The regulations promulgated pursuant to this section shall include the following requirements for site rehabilitation contractors:
(1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities;
(2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors;
(3) requirements for public notice of requests for approval applications, evaluation of applications, and subsequent publication of a list of approved contractors;
(4) requirements for actions to be taken in the event that an approved contractor fails to maintain the approval;
(5) requirements for use of an owner or operator's personnel or equipment in performing site rehabilitation activities.
(B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services.
(C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who:
(1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation;
(2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years;
(3) has demonstrated repeated noncompliance with requirements for compensation established by the department under Section 44-2-50(B);
(4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards;
(5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section.
HISTORY: 1988 Act No. 486, Section 2; 1992 Act No. 501, Part II, Section 43G; 1995 Act No. 145, Part II, Section 2L.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 2 - State Underground Petroleum Environmental Response Bank Act › Section 44-2-140. Enforcement of chapter or department order; penalties for violations.

(A) Whenever the department finds that any person is in violation of any provision of this chapter, any regulation promulgated under this chapter, or prior order of the department, the department may issue an order requiring the person to comply with the provision, regulation, or prior order, or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. An order issued by the department or court may include civil penalties as provided for in this chapter. The department immediately may suspend an underground storage tank permit to operate or registration certificate or may order other action as may be necessary and proper when it is determined that the operation of the underground storage tank constitutes an imminent hazard to human health or the environment. Following immediate permit or registration certificate suspension, all dispensing from the underground storage tank upon which this action was taken shall cease and the owner or operator shall properly empty the tank.
(B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation.
(C) Any person who wilfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.
HISTORY: 1988 Act No. 486, Section 2; 1997 Act No. 88, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 3 - Local Health Boards And Districts › Section 44-3-10. Municipal corporations may maintain boards of health; supervisory control.

Municipal corporations of this State may establish and maintain a board of health which shall be authorized by the governing body of the municipality. The composition and method of selection of the board shall be within the discretion of the governing body of the municipality. The duties and powers of the board shall be designated by such governing body. However, the board and its employees shall function under the administration, control, guidance and direction of the Department of Health and Environmental Control. The rules and regulations or operational procedures of any board established hereunder shall not be in conflict with any rule, regulation, or procedure of the Department of Health and Environmental Control, and in the event of any conflict, the rules, regulations and procedures of the Department of Health and Environmental Control shall prevail. Municipal boards of health shall, when requested by the Department of Health and Environmental Control, make reports on their activities to the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 32-61; 1952 Code Section 32-61; 1942 Code Sections 5027, 5028-1; 1932 Code Sections 1501, 5005; Civ. C. '22 Section 2316; Cr. C. '22 Section 449; Civ. C. '12 Section 1575; Cr. C. '12 Section 439; 1905 (24) 903; 1972 (57) 2288.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 3 - Local Health Boards And Districts › Section 44-3-110. Creation of Catawba Health District; appointment of district medical director.

There is hereby created the Catawba Health District consisting of Chester, Lancaster and York Counties. The Catawba Health District shall be a subdivision of the Department of Health and Environmental Control and shall be under the direction and control of the Department of Health and Environmental Control. The Director of the Department of Health and Environmental Control shall appoint, after consultation with the District Advisory Council, a district medical director whose duty it shall be to protect the public health in the district.
HISTORY: 1962 Code Section 32-481; 1973 (58) 226; 1993 Act No. 181, Section 1036.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 3 - Local Health Boards And Districts › Section 44-3-120. Creation and membership of Advisory Council.

There is also hereby created the Catawba Health District Advisory Council. Membership of the Advisory Council shall consist of sixteen members and shall be based upon population and community needs of the district. The initial membership shall consist of three members from Chester County, five members from Lancaster County and eight members from York County, who shall be appointed by the Governor upon the recommendation of the legislative delegations of the respective counties. The members of the Advisory Council shall serve for a term of four years or until their successors are appointed and qualify, except that eight of the sixteen members of the initial Board shall serve for an initial term of two years. The eight members having two-year terms shall be chosen by lot. Advisory Council members shall be appointed for terms commencing July 1, 1973.
HISTORY: 1962 Code Section 32-482; 1973 (58) 226.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 3 - Local Health Boards And Districts › Section 44-3-130. Powers and duties of Advisory Council.

The Catawba Health District Advisory Council shall be subject to the supervisory and advisory control of the Department of Health and Environmental Control. The District Advisory Council shall be charged with the duty of advising the district medical director in all matters of sanitary interest and scientific importance bearing upon the protection of the public health.
HISTORY: 1962 Code Section 32-483; 1973 (58) 226.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 3 - Local Health Boards And Districts › Section 44-3-150. Direction and control of county health departments.

The Chester County Health Department, the Lancaster County Health Department and the York County Health Department, including county health officers, medical directors and county administrators, shall be directly responsible to and under the direction and control of the district medical director who shall be responsible to and under the direction and control of the Director of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 32-485; 1973 (58) 226; 1993 Act No. 181, Section 1037.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-110. Legislative findings and intent.

The General Assembly finds that:
(1) the government must do more to protect the health, safety, and general well being of our citizens;
(2) new and emerging dangers, including emergent and resurgent infectious diseases and incidents of civilian mass casualties, pose serious and immediate threats;
(3) a renewed focus on the prevention, detection, management, and containment of public health emergencies is called for;
(4) emergency health threats, including those caused by chemical terrorism, radiological terrorism, bioterrorism, and epidemics, require the exercise of extraordinary government functions. Chemical terrorism and bioterrorism pose especial threats to the food supply of the State;
(5) this State must have the ability to respond, rapidly and effectively, to potential or actual public health emergencies;
(6) the exercise of emergency health powers must promote the common good;
(7) emergency health powers must be grounded in a thorough scientific understanding of public health threats and disease transmission;
(8) guided by principles of justice, it is the duty of this State to act with fairness and tolerance toward individuals and groups;
(9) the rights of people to liberty, bodily integrity, and privacy must be respected to the fullest extent possible consistent with the overriding importance of the public's health and security; and
(10) this act is necessary to protect the health and safety of the citizens of this State.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-120. Purpose.

The purposes of this act are:
(1) to authorize the collection of data and records, the control of property, the management of persons, and access to communications as may be strictly necessary to accomplish the purposes of this act;
(2) to facilitate the early detection of a qualifying health event or public health emergency, and allow for immediate investigation of such an emergency by granting access to individuals' health information under specified circumstances;
(3) to grant state officials the authority to use and appropriate property as necessary for the care, treatment, and housing of patients, and for the destruction or decontamination of contaminated materials;
(4) to grant state officials the authority to provide care and treatment to persons who are ill or who have been exposed to infection, and to separate affected individuals from the population at large for the purpose of interrupting the transmission of infectious disease;
(5) to ensure that the needs of infected or exposed persons will be addressed to the fullest extent possible, given the primary goal of controlling serious health threats;
(6) to provide state officials with the ability to prevent, detect, manage, and contain emergency health threats without unduly interfering with civil rights and liberties; and
(7) to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-300. Powers over dangerous facilities and materials.

After the declaration of a state of public health emergency, DHEC may exercise, in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials:
(1) to close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health; and
(2) to decontaminate or cause to be decontaminated, any material of which there is reasonable cause to believe that it may endanger the public health.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-310. Use of health care facility or services in response to public health emergency.

DHEC, in coordination with the guidelines of the State Emergency Operations Plan, may, for such period as the state of public health emergency exists and as may be reasonable and necessary for emergency response, require a health care facility to provide services or the use of its facility if the services are reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business in the State as a health care facility. When DHEC needs the use or services of the facility to isolate or quarantine individuals during a public health emergency, the management and supervision of the health care facility must be coordinated with DHEC to ensure protection of existing patients and compliance with the terms of this act.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-330. Purchase and distribution of pharmaceutical agents or medical supplies; rationing and quotas.

(A) After the declaration of a public health emergency, DHEC may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.
(B)(1) If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC, DHEC may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC must give preference to health care providers, disaster response personnel, and mortuary staff.
(2) During a state of public health emergency, DHEC may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
(3) If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-340. Destruction of property; civil proceedings.

To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this article, DHEC in coordination with the applicable law enforcement agency must institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this State or any such rules that may be developed by the courts for use during a state of public health emergency. Any property acquired by DHEC through such proceedings must, after entry of the decree, be disposed of by destruction as the court may direct.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-500. Control and treatment of infectious disease.

During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-510. Physical examinations or tests; isolation or quarantine of persons refusing examination.

(A)(1) During a state of public health emergency, DHEC may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.
(2) DHEC may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health.
(B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHEC.
(2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-520. Vaccinations and treatment.

(A) During a state of public health emergency, DHEC may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:
(1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;
(2) to treat persons exposed to or infected with disease; and
(3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, persons who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.
(B) Vaccinations or treatment, or both, must be provided only to those individuals who agree to the vaccinations or treatment, or both.
(C)(1) Vaccination may be performed by any qualified person authorized by DHEC.
(2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.
(D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC.
(2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-550. Specimen collection and testing.

(A)(1) DHEC may, for such period as the state of public health emergency exists, collect or cause to be collected specimens and perform tests on any person or animal, living or deceased, and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.
(2) Specimens shall be collected only from those individuals who agree to have specimens collected or who agree to have tests performed.
(3) All specimens must be clearly marked.
(4) Specimen collection, handling, storage, and transport to the testing site must be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling, and transport of the specimen.
(5) Any person authorized to collect specimens or perform tests must use chain of custody procedures to ensure proper recordkeeping, handling, labeling, and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.
(B) Any business, facility, or agency authorized to collect specimens or perform tests must provide such support as is reasonable and necessary to aid in a relevant criminal investigation.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 4 - Emergency Health Powers › Section 44-4-560. Access to protected health information; disclosure.

(A) Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by DHEC during a public health emergency is limited to those persons having a legitimate need to:
(1) provide treatment to the individual who is the subject of the health information;
(2) conduct epidemiological research; or
(3) investigate the causes of transmission.
(B) Protected health information held by DHEC must not be disclosed to others without individual specific informed authorization except for disclosures made:
(1) directly to the individual;
(2) to the individual's immediate family members or life partners;
(3) to appropriate state or federal agencies or authorities when necessary to protect public health;
(4) to health care personnel where needed to protect the health or life of the individual who is the subject of the information;
(5) pursuant to a court order or executive order of the Governor to avert a clear danger to an individual or the public health; or
(6) to coroners, medical examiners, or funeral directors or others dealing with human remains to identify a deceased individual or determine the manner or cause of death.
HISTORY: 2002 Act No. 339, Section 24, eff July 2, 2002.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-20. Definitions.

As used in this chapter:
(1) The "state health planning and development agency" or "state agency" means the Department of Health and Environmental Control.
(2) The "federal act" means Public Law 93-641, known as the National Health Planning and Resources Development Act of 1974 (Titles XV and XVI of the Public Health Services Act).
(3) "State program" means the state administrative program.
(4) "SHCC" means the South Carolina Statewide Health Coordinating Council.
(5) "The secretary" means the Secretary of the United States Department of Health, Education and Welfare.
(6) "Health systems agency" (HSA) means an entity which is organized, operated and designated in accordance with the federal act.
HISTORY: 1962 Code Section 32-502; 1968 (55) 2400; 1971 (57) 901; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-40. Development of state program; collection of statistics and other data regarding health planning and development.

The state health planning and development agency shall develop, in compliance with the federal act, a state program for health planning and development for approval by the secretary. The state agency shall make statistical reports and other reports deemed essential to the determination of the level of health status of services in the State and may collect such information required by the federal act. The state agency shall coordinate with the Revenue and Fiscal Affairs Office and other agencies as appropriate in order to identify the data necessary for health planning and to develop the systems necessary to collect the data within the appropriate organizational structure. All possible efforts should be made by the state agency to use existing data systems in an effort to avoid duplication of effort. Where information necessary for health planning is collected by any person other than the state agency, such information, if requested, shall be made available to the state agency provided any reasonable mandates, guidelines or restrictions concerning confidentiality and dissemination of information which are applicable to this information as originally collected are not violated. A written explanation of how such data and reports will be used, and in what form and text the information will be disseminated, will be provided to those persons providing the information at least fifteen days prior to the general distribution of the information. The state agency shall be responsible for the functions prescribed for it by the federal act. The state agency shall consult with the Governor during the planning process in sufficient time for input and interaction prior to final consideration of the state health plan. It is the intent of this provision to have consultation and cooperation between the state agency and the Governor in the preparation and development of the state health plan.
HISTORY: 1962 Code Section 32-504; 1968 (55) 2400; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-50. Statewide health coordinating council.

The Governor shall appoint a statewide health coordinating council to perform functions in compliance with provisions of the federal act for SHCC.
HISTORY: 1962 Code Section 32-505; 1968 (55) 2400; 1971 (57) 901; 1972 (57) 2382, 2392, 2616; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-60. Meetings of council.

The SHCC and any of its advisory committees shall conduct all of its business meetings in public and the SHCC shall meet at least once in each calendar quarter of a year.
HISTORY: 1962 Code Section 32-506; 1968 (55) 2400; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-70. Compensation of council members.

The SHCC members, while serving on business of the SHCC, shall receive the usual per diem, mileage and subsistence as provided by law for members of state boards, commissions and committees.
HISTORY: 1962 Code Section 32-507; 1968 (55) 2400; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-80. Charge for cost of reproduction and handling of plans.

The state agency may levy a charge to cover costs of reproduction and handling to parties receiving copies of plans developed pursuant to this chapter.
HISTORY: 1962 Code Section 32-508; 1968 (55) 2400; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-90. Cooperation of other state departments with state agency.

All agencies, departments and commissions of the State may cooperate with the state agency in its health planning and development functions. Any agency, department or commission of the State which has authority, designated by statute or regulation, to administer state or state-federal programs which involve related health functions shall cooperate with the state agency in its health planning and development functions so that these programs shall be properly considered in the overall state health plan and state medical facilities plan developed pursuant to this chapter.
HISTORY: 1962 Code Section 32-509; 1968 (55) 2400; 1979 Act No. 45.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 5 - State Health Planning And Development Act › Section 44-5-100. Adoption of rules and regulations.

The state agency, with the advice of the SHCC, shall adopt such regulations as are reasonable and necessary in order to effectuate the provisions of this chapter.
HISTORY: 1962 Code Section 32-510; 1968 (55) 2400; 1979 Act No. 45.