reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.C - VARIANCES

Current through Register Vol. 48, No. 6, June 28, 2024
Any requests for variances to these regulations shall be directed in
				writing to the Department and shall be considered on a well-specific basis by the
				Department. A variance can be issued as an alternative construction method that
				ensures the equivalent protection of the groundwater resource and public health when
				the standards in this regulation cannot otherwise be met. The Department may revoke
				issued variances as determined to be appropriate by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.D - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
1. All wells shall be drilled, constructed, and
			 abandoned by a South Carolina certified well driller per S.C. Code Section
			 40-25-10 et
			 seq.
2. Analytical data submitted to the
			 Department shall be from a South Carolina Certified Laboratory per R.61-81, State
			 Environmental Laboratory Certification Program.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.E - LOCATION OF WELLS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Wells outlined in Section F and G shall be
			 located the specified minimum distance from all of the following existing potential
			 sources of contamination:
a. Sewer lines
						  ....................................................
20 feet
b. Lakes, streams, surface-water bodies
						  ...........................
50 feet
c. Septic tank/tile fields
						  ........................................
75 feet
d. Animal feedlots, barns, stables
						  ................................
50 feet
e. Waste disposal--land application sites
						  ........................
100 feet
f. Waste treatment lagoons
						  .......................................
100 feet
g. Chemical, herbicide, pesticide and petroleum storage or
						  handling sites ..............................................
100 feet
h. Landfills
						  .....................................................
100 feet
i. Hazardous waste landfills/surface impoundments
						  ................
100 feet
j. Radioactive waste landfills
						  ...................................
100 feet
k. Property lines and buildings
						  ....................................
5 feet
2. Certain
			 conditions may require increased distances of certain wells from potential
			 contamination sources or known contamination and the decision shall be made in
			 consultation with the Department. These include but are not limited to:
a. Type I and IV wells with less than twenty feet
			 of casing
b. Type I wells where
			 fractured rock is at the surface
c. Type
			 II or III wells with no confining layers between the screened zone(s) and the ground
			 surface
d. Type IV wells where no
			 confining layers overlie the open-hole limestone or the limestone is at shallow
			 depth
e. Type V wells because they are
			 under water-table conditions
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.F - INDIVIDUAL RESIDENTIAL AND IRRIGATION WELLS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Drilling.
a. The drilling process or use of drilling fluid
			 additives shall not contaminate any aquifer.
b. Water used in the drilling process shall be
			 obtained from a source that will not result in chemical or biological contamination
			 of any aquifer. Water taken directly from ponds, lakes, streams or other surface
			 water sources shall not be used.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.G - BORED INDIVIDUAL RESIDENTIAL AND IRRIGATION WELLS

Current through Register Vol. 48, No. 6, June 28, 2024
The construction of bored wells shall meet the following minimum
				requirements:
1. Drilling.
a. The drilling process or use of drilling fluid
			 additives shall not contaminate any aquifer.
b. Water used in the drilling process shall be
			 obtained from a source that will not result in chemical or biological contamination
			 of any aquifer. Water taken directly from ponds, lakes, streams or other surface
			 water sources shall not be used.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.H - MONITORING WELLS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Requirements For All Permanent and Temporary
			 Monitoring Wells.
a. Due to the nature and purpose
			 of a monitoring well, the depth and location requirements in respect to surface
			 water bodies, potential contamination sources, etc., are variable, and shall be
			 approved on a case-by-case basis by the Department. All monitoring wells shall have
			 Department approval prior to installation or abandonment. Prior to the construction
			 of any monitoring well, the following information shall be completed on a form
			 provided and/or approved by the Department and shall be submitted to the Department:
(1) Proposed well location(s) on a scaled map or
			 plat;
(2) Proposed well construction
			 details;
(3) Intended purpose of the
			 well(s);
(4) Well owner's name and
			 mailing address;
(5) Property owner's
			 name and mailing address, if different from the well owner;
(6) Mailing address and county of location where
			 monitoring wells are to be installed, if different from the well owner's or property
			 owner's address;
(7) Proposed parameters
			 to be analyzed; and,
(8) Proposed
			 drilling date.
If any of the information provided to the Department changes, the
				Department shall be notified at least 24 hours prior to well construction.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.I - BORINGS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Geotechnical Borings.
a. Geotechnical borings shall be abandoned within
			 five days of borehole completion.
b.
			 Geotechnical borings shall be backfilled with a suitable material, such as the
			 native material removed from the boring, to eliminate safety hazards and
			 infiltration of runoff into the boring.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.J - GEOTHERMAL SYSTEM WELLS

Current through Register Vol. 48, No. 6, June 28, 2024
1. Drilling.
a.
			 The drilling process or use of drilling fluid additives shall not contaminate any
			 aquifer.
b. Water used in the drilling
			 process shall be obtained from a source that will not result in chemical or
			 biological contamination of any aquifer. Water taken directly from ponds, lakes,
			 streams or other surface water sources shall not be used.
c. Geothermal system wells shall not connect
			 aquifers or zones that have documented differences:
(1) In water quality that would result in
			 contamination of any aquifer or zone such that any State Primary Drinking Water
			 standard is exceeded;
(2) In static
			 water levels that would result in depletion of water from any aquifer or zone, or
			 significant loss of head in any aquifer or zone.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.K - VIOLATIONS AND PENALTIES

Current through Register Vol. 48, No. 6, June 28, 2024
1. Violations of this regulation shall be subject
			 to penalties as provided in Sections
			 48-1-320,
			 44-55-90
			 and
			 48-1-330 of the 1976
			 S.C. Code of Laws.
2. Whenever the
			 Department finds that a well driller is in violation of a requirement under this
			 regulation, the Department will issue a written notice of violation with a
			 requirement to correct all violations within a specified time period. Whether the
			 noted violation(s) is properly corrected within the specified time period, the
			 extent of deviation from the regulation, the potential for harm, and the historical
			 record of violations by that well driller, shall be considered by the Department in
			 determining additional enforcement actions, if any, and any associated
			 penalties.
3. Should a violation be
			 determined by the Department to have occurred despite the well driller following all
			 applicable regulations and manufacturer's specifications, the Department shall
			 direct the well driller to correct the noted violation within a specified time
			 period. If this violation is corrected within the specified time period, no monetary
			 penalty will be assessed for that violation.
4. After written notice of violation, the
			 Department may issue an order or commence an action in court requiring the well
			 driller to comply with the permit, regulation, standard, or requirement, or may
			 request the Attorney General to commence an action under this subsection in the
			 appropriate court. The Department may also assess civil penalties as provided in
			 this section for violations of the provisions of this regulation or for violating
			 any order, permit, regulation, or standard.
5. A well driller who fails to take appropriate
			 corrective action, after receiving written notice of violation of a provision of
			 this regulation, is liable for civil penalties or criminal prosecution.
6. The Department shall have full access to a well
			 driller's bond as required by the Department of Labor, Licensing, and Regulation to
			 correct a violation of this regulation where, as part of a Department enforcement
			 action, a well driller is unwilling or unable to take required corrective
			 actions.
7. If the Department finds a
			 person not certified by the Department of Labor, Licensing, and Regulation in the
			 act of drilling a well, the Department may issue an order or field citation
			 requiring the person to immediately cease and desist operations, or seek a court
			 order enjoining further drilling.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-71 - Well Standards › Section 61-71.L - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph, sentence, clause, phrase, or other
				part of this regulation be declared invalid for any reason, the remainder shall not
				be affected thereby.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.100 - DEFINITIONS AND LICENSURE › Section 61-75.100.101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Abuse. Physical Abuse
				or Psychological Abuse.
1. Physical Abuse. The act
				of intentionally inflicting or allowing to be inflicted physical injury on a
				Participant by an act or failure to act. Physical Abuse includes, but is not limited
				to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or
				attempted sexual battery, use of Medication outside the standards of reasonable
				medical practice for the purpose of controlling behavior, and unreasonable
				confinement. Physical Abuse also includes the use of a restrictive or physically
				intrusive procedure to control behavior for the purpose of punishment except that a
				therapeutic procedure prescribed by a licensed physician or other Authorized
				Healthcare Provider or that is part of a written plan of care by a physician or
				other Authorized Healthcare Provider is not considered Physical Abuse. Physical
				Abuse does not include altercations or acts of assault between
				Participants.
2. Psychological Abuse.
				The deliberate use of any oral, written, or gestured language or depiction that
				includes disparaging or derogatory terms to a Participant or within the
				Participant's hearing distance, regardless of the Participant's age, ability to
				comprehend, or disability, including threats or harassment or other forms of
				intimidating behavior causing fear, humiliation, degradation, agitation, confusion,
				or other forms of serious emotional distress.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.200 - ENFORCEMENT OF REGULATIONS › Section 61-75.200.201 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall utilize Inspections, Investigations,
				  Consultations, and other pertinent documentation regarding a proposed or licensed
				  Facility in order to enforce this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.200 - ENFORCEMENT OF REGULATIONS › Section 61-75.200.202 - Inspections and Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Facility shall be inspected by the Department prior to initial licensing, and the
				Facility shall be inspected subsequently as deemed appropriate by the Department.
				(I)
B. Facilities are subject to
				Inspection and Investigation at any time without prior notice by individuals
				authorized by South Carolina Code of Laws. When Staff members, Volunteers, and
				Participants are absent, the Facility shall post information at the entrance of the
				Facility to those seeking legitimate access to the Facility, including visitors, as
				to the expected return of Staff members, Volunteers, and Participants. The Facility
				shall ensure the posted information includes contact information and the expected
				time of return of the Staff members and Participants. The Facility shall ensure the
				contact information includes the name of a designated contact and his or her
				telephone number. The Facility shall ensure the telephone number for the designated
				contact is not the Facility telephone number. (I)
C. Individuals authorized by South Carolina law
				shall be granted access to all properties and areas, objects, documents, and records
				at the time of the Inspections and Investigations and in a timely manner, and have
				the authority to require the Facility to make photocopies of those documents
				required in the course of Inspections and Investigations. Photocopies shall be used
				only for purposes of enforcement of regulations and confidentiality shall be
				maintained except to verify the identity of individuals in enforcement action
				proceedings. The physical area of Department Inspections and Investigations shall be
				determined by the Department based on the potential impact or effect on
				Participants. (I)
D. When there is
				noncompliance with the licensing standards, the Facility shall submit an acceptable
				written plan of correction in a format determined by the Department. The Facility
				shall return the plan of correction by the date specified on the report of
				Inspection or Investigation. The Facility shall describe the following in the plan
				of correction: (II)
1. The actions taken to correct
				each cited deficiency;
2. The actions
				taken to prevent recurrences (actual and similar); and
3. The actual or expected completion dates of
				those actions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.200 - ENFORCEMENT OF REGULATIONS › Section 61-75.200.203 - Consultations

Current through Register Vol. 48, No. 6, June 28, 2024
Consultations may be provided by the Department as requested by
				  the Facility or as deemed appropriate by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.300 - ENFORCEMENT ACTIONS › Section 61-75.300.301 - General

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department determines that a Facility is in violation of
				  any statutory provision, rule, or regulation relating to the operation or
				  maintenance of such Facility, the Department, upon proper notice to the Licensee,
				  may deny, suspend, or revoke Licenses and/or assess a monetary
				  penalty.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.300 - ENFORCEMENT ACTIONS › Section 61-75.300.302 - 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 present an imminent danger to the health, safety, or well-being of the
				Participants of 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 shall exist after
				expiration of said time established by the Department shall be considered a
				subsequent violation.
B. Class II
				violations are those, other than Class I violations, that have a negative impact on
				the health, safety, or well-being of Participants 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 shall be
				considered a subsequent violation.
C.
				Class III violations are those which are not classified as Class I or II in this
				regulation or those that are against the best practices. 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 shall be
				considered a subsequent violation.
D.
				The notations (I) or (II), placed within sections of this regulation, indicate those
				standards are Class I or II violations if they are not met, respectively. Failure to
				meet standards not so annotated are Class III violations.
E. When imposing a monetary penalty, the
				Department may invoke South Carolina Code Section
				44-7-320(C)
				to determine the dollar amount or may utilize the following schedule:
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$500-1,500
$300-800
$100-300
2nd
1,000-3,000
500-1,500
300-800
3rd
2,000-5,000
1,000-3,000
500-1,500
4th
5,000
2,000-5,000
1,000-3,000
5th
5,000
5,000
2,000-5,000
6th
5,000
5,000
5,000
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.400 - POLICIES AND PROCEDURES (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Facility shall maintain and adhere to written policies and procedures addressing the
			 manner in which the requirements of this regulation shall be met. The Facility shall
			 be in full compliance with the policies and procedures.
B. The Facility shall ensure the written policies
			 and procedures include the following:
1. Staffing
			 and training;
2. Reporting Incidents,
			 closure, and zero census;
3.
			 Participant records;
4. Participant
			 care and services;
5. Participant rights
			 and assurances;
6. Medication
			 management;
7. Admissions and
			 Discharge;
8. Fire prevention;
9. Housekeeping;
10. Infection control including prevention,
			 identification, reporting, investigation, and control of infections and communicable
			 diseases among Participants, Staff, Volunteers, visitors, and any individual
			 providing care and services; and
11.
			 Facilities providing an Alzheimer's special care program shall include in its
			 policies and procedures the form of care or treatment provided that distinguishes it
			 as being especially applicable to or suitable for persons with Alzheimer's disease
			 pursuant to the South Carolina Alzheimer's Special Care Disclosure Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.501 - General. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Before being employed
				or contracted as a Staff member or Volunteer, all Direct Caregiver Staff shall
				undergo a criminal background check pursuant to South Carolina Code Section
				44-7-2910.
				Staff members and Volunteers shall not have a prior conviction or have pled no
				contest (nolo contendere) to unlawful conduct toward a child, as defined by South
				Carolina Code Section 63-45-70; Abuse, Neglect, or Exploitation of a vulnerable
				Adult, as defined by South Carolina Code Sections
				43-35-10, et seq.; or any
				similar criminal offense. The Facility shall maintain documentation of all criminal
				background checks and make them available to the Department upon request.
				(I)
B. The Facility shall maintain a
				personnel file for each Staff member and Volunteer. The Facility shall ensure the
				personnel file for each Staff member and Volunteer contains:
1. Accurate and current information to include at
				least address, phone number, date of hire, first day on the job, date of initial
				Participant contact, and personal, work, and training background; and
2. A current job description that reflects
				responsibilities and work assignments, job orientation, in-service education, and
				Health Assessment including tuberculin skin testing as described in Section
				1702.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.502 - Administrator. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				maintain a full-time Administrator to manage the Facility.
B. The Administrator shall have a bachelor's
				degree or at least two (2) years of college or technical school with at least an
				additional four (4) years of experience in the field of nursing, social service,
				sociology, psychology, or in an area closely related to health and social
				development for the aging.
C. The
				Facility shall designate in writing a Staff member to act in the absence of the
				Administrator.
D. The Facility shall
				notify the Department in writing within seventy-two (72) hours of any change in
				Administrator status and shall provide the Department the name of the newly
				appointed Administrator, the effective date of the appointment, and documentation of
				the newly appointed Administrator's qualifications pursuant to Section
				502.B.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.503 - Staffing. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				have Staff capable of providing program services and supervision to the
				Participants. The Facility shall maintain a Staff-to-Participant ratio of at least
				one (1) Direct Care Staff member or Volunteer to eight (8) Participants.
B. The Facility shall maintain documentation to
				ensure the Facility meets Section 503.A.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.504 - Orientation. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall develop and execute a written orientation
				  program to familiarize all new Staff members and Volunteers with the Facility, its
				  policies and procedures, the Staff members' job responsibilities, and needs of the
				  Participants. The Facility shall maintain documentation of orientation that includes
				  orientation source and duration and shall be signed and dated by the orientation
				  trainer and trainee. The Facility shall ensure all orientation is completed within
				  twenty-four (24) hours of the first day on the job in the Facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.505 - Training. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall require all Staff members and Volunteers to
				  complete the necessary training to perform their duties and responsibilities. The
				  Facility shall ensure documentation of all training is signed and dated by both the
				  individual providing the training and the individual receiving the training. A
				  signature for the individual providing the training may be omitted for
				  computer-based training. The following training shall be provided to all Staff and
				  Volunteers prior to Participant contact and at a frequency determined by the
				  Facility, but at least Annually unless otherwise specified by certificate, e.g.,
				  cardiopulmonary resuscitation (CPR):
A.
				Fire Safety Measures;
B. Infection
				Control;
C. Participant Rights including
				prevention of Abuse, Neglect, and Exploitation;
D. Confidentiality of Participant information and
				records;
E. Depending on the type of
				Participants, care of persons specific to the physical and/or mental condition being
				cared for in the Facility including dementia, cognitive disability, mental illness,
				or aggressive, violent, and/or inappropriate behavioral symptoms, and etc., to
				include communication techniques (cueing and mirroring), understanding and coping
				with behaviors, safety, activities, etc.; and
F. At least one (1) Staff member who has
				certification of first-aid training, cardiopulmonary resuscitation (CPR)
				certification, and is capable of recognizing symptoms of distress shall be present
				when Participants are in the Facility. If the Staff member is a licensed nurse,
				first-aid training shall not be required. (I)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.500 - STAFF AND TRAINING › Section 61-75.500.506 - Health Assessment. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Staff
				members and Volunteers who have contact with Participants shall have a Health
				Assessment within twelve (12) months prior to initial Participant contact. The
				Health Assessment shall include tuberculin skin testing as described in Section
				1702.
B. For Staff members working at
				multiple Facilities operated by the same Licensee, copies of the documented Health
				Assessment shall be accessible at each Facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.600 - REPORTING › Section 61-75.600.601 - Incidents. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				document every Incident and include an Incident review, Investigation, and
				evaluation as well as corrective action taken, if any. The Facility shall retain all
				documented Incidents reported pursuant to this section for six (6) years after the
				Participant involved is last Discharged. The Facility shall keep the documents
				onsite and readily available at the Facility for the first year following
				Participant Discharge.
B. The Facility
				shall report the following types of Incidents to the Department, Responsible Party,
				Sponsor, and/or emergency contact for each affected Participant within twenty-four
				(24) hours of the Incident. The Facility shall notify the Department via the
				Department's electronic reporting system or as otherwise determined by the
				Department. Incidents requiring reporting include:
1. Confirmed or suspected crimes against
				Participants;
2. Confirmed or suspected
				Abuse, Neglect, or Exploitation;
3.
				Hospitalization or death resulting from an Incident;
4. Elopement;
5. Medication errors;
6. Burns, hematoma, or laceration requiring
				medical attention;
7. Bone or joint
				fracture;
8. Other injuries requiring
				medical attention or hospitalization;
9.
				Attempted suicide; and
10.
				Fire.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.600 - REPORTING › Section 61-75.600.602 - Closure and Zero Census

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				notify the Department and Participants, or Participants' representatives when
				appropriate, in writing prior to permanent closure of the Facility and shall provide
				the effective closure date. The Facility shall return its License to the Department
				on the date of closure.
B. The Facility
				shall notify the Department in writing within fifteen (15) calendar days prior to a
				temporary closure, or within forty-eight (48) hours if the temporary closure is due
				to an emergency. The notification shall include the reason for the temporary
				closure, records maintenance plan, anticipated reopening date, and documentation of
				Participant notification. Facilities that are temporarily closed longer than one (1)
				year shall reapply for licensure with the Department and shall be subject to all
				applicable licensing and construction requirements for new Facilities.
C. The Facility shall notify the Department in
				writing if there have been no Participants in the Facility for any reason for ninety
				(90) calendar days or more no later than one hundred (100) calendar days after the
				last Participant is Discharged. Facilities that are zero census longer than one (1)
				year shall reapply for licensure with the Department and shall be subject to all
				applicable licensing and construction requirements for new Facilities.
D. Prior to closing the Facility for any reason,
				the Licensee shall arrange for preservation of records to ensure compliance with
				this regulation. The Facility shall notify the Department in writing within ten (10)
				calendar days of closure of the provisions for records maintenance describing the
				arrangements and the location of the records.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.600 - REPORTING › Section 61-75.600.603 - Reportable Diseases and Infections. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall immediately report animal bites, diseases, and
				  infections in accordance with Regulation 61-20, Communicable Diseases, to the
				  Department's local health department and Bureau of Facilities Oversight. The
				  Facility shall maintain documentation of reported animal bites, diseases, and
				  infections in the Participant records.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.700 - PARTICIPANT RECORDS › Section 61-75.700.701 - Content. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				maintain an organized record for each Participant. The Facility shall ensure all
				entries in the Participant record are permanently written, typed, or electronic
				media, authenticated by the author, and dated. The Facility shall have policies and
				procedures to prohibit access to Participant records that are generated by
				electronic or optical means.
B. The
				Facility shall maintain current Participant records for each Participant that
				contain:
1. A personal data sheet to include: full
				name, address, phone number, photo, race, religious preference, marital status, name
				of spouse, Responsible Party, Sponsor, emergency contact, and Participant's personal
				physician(s);
2. An enrollment Physical
				Examination and subsequent Physical Examinations;
3. Progress Notes. The Facility shall document, at
				least quarterly, progress notes by Direct Care Staff for each Participant. The
				Facility shall ensure that all progress notes include the progress of each
				Participant relative to the achievement of goals as indicated in the Individual Plan
				of Care;
4. A signed written agreement
				between the Participant and/or the Participant's Sponsor or Responsible Party and
				the Facility. The Facility shall revise the agreement upon any changes and document
				the signatures of the Participant, Sponsor, or Responsible Party. The Facility shall
				ensure the written agreement includes at least the following:
a. An explanation of the specific care, services,
				and activities provided by the Facility; and
b. Disclosure of fees for all care, services, and
				activities provided;
5. A
				record of Incidents, emergencies, and illnesses that occur while the Participant is
				receiving Adult Day Care Services; and
6. A written acknowledgement of the Statement of
				Rights of Adult Day Care Participants signed by the Participant, or Responsible
				Party or Sponsor.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.700 - PARTICIPANT RECORDS › Section 61-75.700.702 - Enrollment Assessment. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall ensure a Staff member conducts and documents a
				  written initial enrollment assessment of the Participant to include the
				  Participant's physical condition, capabilities, preferences, and needs. The Facility
				  shall ensure the Staff member conducts the initial enrollment assessment within a
				  time period determined by the Facility that is evidenced and documented by the
				  signature and date of the Staff member.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.700 - PARTICIPANT RECORDS › Section 61-75.700.703 - Individual Plan of Care. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Facility shall complete the Individual Plan of Care for each Participant within
				thirty (30) calendar days of the Participant's enrollment and shall review and/or
				revise as changes in Participant's needs occur but not less than semi-annually with
				the Participant, Administrator or designee, and/or the Sponsor or Responsible Party
				as evidenced by their signatures and date. The Facility shall provide the
				Responsible Party and or Sponsor a copy of the Individual Plan of Care upon
				request.
B. The Facility shall ensure
				the Individual Plan of Care:
1. Describes the needs
				of the Participant including the activities of daily living for which the
				Participant requires assistance, i.e., what assistance, how much, who will provide
				the assistance, how often, and when;
2.
				Delineates the responsibilities of the Facility in meeting the needs of the
				Participant including provisions to monitor the care and the effectiveness of the
				Facility in meeting those needs; and
3.
				Includes specific goal-related objectives based on the needs and preferences of the
				Participant as identified during the assessment, activities, access to the
				community, other special needs, and the methods for achieving objectives and meeting
				needs in measurable terms with expected achievement dates.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.700 - PARTICIPANT RECORDS › Section 61-75.700.704 - Record Maintenance

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Licensee
				shall provide accommodations, space, supplies, and equipment for the protection,
				storage, and maintenance of Participant records in an organized manner.
B. The Participant record is confidential and
				shall be made available only to individuals authorized by the Facility and in
				accordance with local, state, and federal laws, codes, and regulations.
				(II)
C. Records generated by
				organizations or individuals contracted by the Facility for care or services shall
				be maintained by the Facility that has enrolled the Participants.
D. Upon Discharge of a Participant, the record
				shall be completed within thirty (30) calendar days, and filed in an inactive or
				closed file maintained by the Licensee.
E. Participants records shall be maintained for at
				least six (6) years following the Discharge of the Participant. Unless otherwise
				indicated, other regulation-required documents shall be retained at least twelve
				(12) months or since the last Department general Inspection, whichever is the longer
				period.
F. Current Participant records
				are the property of the Facility, shall be maintained at the Facility, and shall not
				be removed from the Facility without court order.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.800 - ENROLLMENT AND RETENTION. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Facility shall only enroll Adult Participants.
B. The Facility shall not enroll or retain a
			 Participant who is bed-confined.
C. The
			 Facility shall not retain Participants beyond thirty (30) calendar days if the
			 Facility is incapable of providing the necessary care and/or services needed by the
			 Participant, the Participant has a medical condition or behavior which is unsafe for
			 continued retention in the Facility, or the decision to Discharge the Participant is
			 in accordance with the Facility's policy and procedures.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.900 - PARTICIPANT CARE AND SERVICES › Section 61-75.900.901 - Activities and Programs

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Facility shall
				offer a regular and ongoing program of varied, meaningful activities designed to
				suit the interests and physical and cognitive capabilities of the Participants who
				choose to participate in activities. The Facility shall provide activities that
				offer intellectual and physical stimulation; promote or enhance physical, mental,
				and/or emotional health; are age-appropriate; and are based on input from the
				Participants and/or Responsible Party, as well as information obtained in the
				initial enrollment assessment. These activities shall include appropriate group
				activities and also activities for individuals with particular interests and
				needs.
B. The Facility shall provide
				supervision and personal care training in order to assist the Participant in
				developing self-help skills.
C. The
				Facility shall make social, group, individual, educational, recreational, and other
				activities available.
D. The Facility
				shall post the current month's schedule in order for Participants to be made aware
				of activities offered. This schedule shall include activities, dates, times, and
				locations. Participants may choose activities and schedules consistent with their
				interests and physical, mental, and psychosocial well-being. If a Participant is
				unable to choose for himself or herself, Staff members and Volunteers shall
				encourage participation and assist when necessary.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.900 - PARTICIPANT CARE AND SERVICES › Section 61-75.900.902 - Daily Census. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall maintain an accurate daily census of
				  Participants. The Facility shall maintain records of daily attendance for at least
				  twelve (12) months and make the records available to the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.1000 - PARTICIPANT RIGHTS › Section 61-75.1000.1001 - Statement of Rights of Adult Day Care Participants. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each Participant must be accorded the following
				rights:
1. The right to be treated as an Adult,
				with consideration, respect, and dignity, including privacy in treatment and in care
				for personal needs;
2. The right to
				participate in a program of services and activities designed to encourage
				independence, learning, growth, and awareness of constructive ways to develop one's
				interests and talents;
3. The right to
				self-determination within the day care setting, including the opportunity to:
a. Participate in developing one's plan for
				services and any changes therein;
b.
				Decide whether or not to participate in any given activity;
c. Be involved to the extent possible in program
				planning and operation;
d. Refuse
				treatment, if applicable, and be informed of the consequences of such refusal;
				and
e. End participation in the Facility
				any time;
4. The right to be
				cared about in an atmosphere of sincere interest and concern in which needed support
				and services are provided;
5. The right
				to a safe, secure, and clean environment;
6. The right to confidentiality and the
				requirement for written consent for release of information to persons not authorized
				under law to receive it;
7. The right to
				voice grievances without discrimination or reprisal with respect to care or
				treatment, if applicable, that is or is not provided;
8. The right to be fully informed, as evidenced by
				the Participant's written acknowledgment of these rights, of all rules and
				regulations regarding Participant conduct and responsibilities;
9. The right to be free from harm, Exploitation,
				Abuse, or Neglect; (I)
10. The right to
				be fully informed, at the time of enrollment, of services and activities available
				and related charges; and
11. The right
				to communicate with others and be understood by them to the extent of the
				Participant's capability.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.1000 - PARTICIPANT RIGHTS › Section 61-75.1000.1002 - Discharge. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
The Facility shall notify the Participant, Responsible Party,
				  and/or Sponsor in writing immediately upon the determination to Discharge the
				  Participant. The Facility shall ensure the Discharge notice includes the reason for
				  Discharge, the proposed date of Discharge, and contact information for how to access
				  community services, if applicable. The Facility shall maintain a copy of the
				  Discharge notice in the Participant's medical record.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.1100 - PARTICIPANT PHYSICAL EXAMINATION. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Facility shall ensure a physician or other Authorized Healthcare Provider conducts a
			 Physical Examination of the Participant within sixty (60) calendar days prior to
			 enrollment. The Facility shall ensure the Physical Examination includes
			 recommendations regarding limitations of activities, special diet, medications
			 (name, type, dosage, and whether the individual is capable of self-administering),
			 and other considerations to determine whether appropriate services are available.
			 The Facility shall ensure the Participant receives Physical Examinations at least
			 every two (2) years upon enrollment.
B.
			 When a Participant is transferred from one Facility to another Facility, the
			 transferring Facility shall forward a transfer summary to the receiving Facility at
			 the time of transfer or immediately after the transfer. The transferring Facility
			 shall include the following in the transfer summary at a minimum:
1. Copies of the most recent Physical Examination,
			 the two-step tuberculosis test or Blood Assay for Mycobacterium tuberculosis, and
			 the Individual Plan of Care.
2. The date
			 sent to the receiving Facility and the signature of the transferring Facility Staff
			 member.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-75 - Standards for Licensing Day Care Facilities for Adults › Sec2 61-75.1200 - MEDICATION MANAGEMENT. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Facility shall store and safeguard medications in a locked medicine preparation
			 room, cabinet or cart. The Facility shall monitor and attend to medications at all
			 times to prevent access by unauthorized individuals. The Facility shall not store
			 expired or discontinued medications with current medications. The Facility shall
			 ensure storage areas are not located near sources of heat, humidity, or other
			 hazards that may negatively impact medication effectiveness or shelf life.
B. The Facility shall store medications requiring
			 refrigeration or freezing in a locked refrigerator or freezer as appropriate at the
			 temperature range established by the manufacturer used exclusively for that purpose.
			 The Facility shall not store food and drinks in the same refrigerator or freezer in
			 which medications and biologicals are stored. The Facility shall provide each
			 refrigerator and freezer with a thermometer accurate to plus or minus two (2)
			 degrees Fahrenheit.
C. The Facility
			 shall ensure that Prescription Medication is administered to the Participant in
			 accordance with state practice acts by a licensed nurse or an Authorized Healthcare
			 Provider. The Facility shall ensure that doses of Prescription Medication are
			 administered to the Participant by the same licensed nurse or Authorized Healthcare
			 Provider who prepared them for administration.(I)
D. The Facility shall maintain a standard
			 first-aid kit, or equivalent first-aid supplies on hand, that is readily accessible
			 to include, but not limited to, the following:
1.
			 Absorbent compress dressings;
2.
			 Adhesive bandages, assorted sizes;
3.
			 Adhesive cloth tape;
4. Antibiotic
			 ointment;
5. Antiseptic wipes;
6. Non-latex gloves;
7. Hydrocortisone ointment;
8. Gauze roll bandage; and
9. Sterile gauze pads.