South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-103 - Residential Treatment Facilities for Children and Adolescents › Sec2 61-103.300 - ENFORCEMENT ACTIONS › Section 61-103.300.302 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violations of standards in this regulation are classified as
				  follows:
A. Class I violations are
				those that the Department determines to present an imminent danger to the
				health and safety of the persons in the facility or a substantial probability
				that death or serious physical harm could result therefrom. A physical
				condition, one or more practices, means, methods, or operations in use in a
				facility may constitute such a violation. The condition or practice
				constituting a Class I violation shall be abated or eliminated immediately
				unless a fixed period of time, as stipulated by the Department, is required for
				correction. Each day such violation exists after expiration of this time may be
				considered a subsequent violation.
B. Class II violations are those, other than
				Class I violations, that the Department determines to have a negative impact on
				the health, safety, or well-being of persons in the facility. The citation of a
				Class II violation shall specify the time within which the violation is
				required to be corrected. Each day such violation exists after expiration of
				this time may be considered a subsequent violation.
C. Class III violations are those that are
				not classified as Class I or II in these regulations or those that are against
				the best practices as interpreted by the Department. The citation of a Class
				III violation shall specify the time within which the violation is required to
				be corrected. Each day such violation exists after expiration of this time may
				be considered a subsequent violation.
D. Class I and II violations are indicated by
				notation after each applicable section, as "(I)" or "(II)." Sections not
				annotated in that manner denote Class III violations. A classification at the
				beginning of a section and/or subsection applies to all subsections following,
				unless otherwise indicated.
E. In
				arriving at a decision to take enforcement action, the Department will consider
				the following factors:
1. Specific conditions
				and their impact or potential impact on the health, safety, or well-being of
				the residents including, but not limited to: deficiencies in medication
				management, such as evidence that residents are not routinely receiving their
				prescribed medications; serious waste water problems, such as toilets not
				operating or open sewage covering the grounds; housekeeping, maintenance, or
				fire and life safety related problems that pose a health threat to the
				residents; power, water, gas, or other utility and/or service outages;
				residents exposed to air temperature extremes that jeopardize their health;
				unsafe condition of the building or structure, such as a roof in danger of
				collapse; indictment of an administrator for malfeasance or a felony, which by
				its nature, such as dealing drugs, indicates a threat to the residents; direct
				evidence of abuse, neglect, or exploitation; lack of food or evidence that the
				residents are not being fed properly; no staff available at the facility with
				residents present; unsafe procedures or treatment being practiced by staff; (I)
2. Repeated failure of the
				licensee or facility to pay assessed charges for utilities and/or services
				resulting in repeated or ongoing threats to terminate the contracted utilities
				and/or services; (II)
3. Efforts by
				the facility to correct cited violations;
4. Overall conditions of the
				facility;
5. History of compliance;
				and
6. Any other pertinent
				conditions that may be applicable to current statutes and
				regulations.