South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-125 - Consumer Electronic Equipment Collection and Recovery › Section 61-125.300 - ENFORCEMENT ACTIONS › Subsection 61-125.302 - 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 persons in the facility or a substantial probability that death or serious
				  physical harm could result therefrom. A physical condition or 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 the 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 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 shall 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. 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 considered Class I or II violations if they are not met, respectively.
				  Failure to meet standards not so annotated are considered Class III
				  violations.
E. In determining an
				  enforcement action the Department shall consider the following factors:
1. Specific conditions and their impact or
				  potential impact on health, safety or well-being of the patients including, but
				  not limited to: deficiencies in medication management; critical waste water
				  problems; housekeeping, maintenance, or fire and life safety-related problems
				  that pose a health threat to the patients; power, water, gas, or other utility
				  and/or service outages; patients exposed to air temperature extremes that
				  jeopardize their health; unsafe condition of the building or structure;
				  indictment of an administrator for malfeasance or a felony, which by its nature
				  indicates a threat to the patients; direct evidence of abuse, neglect, or
				  exploitation; lack of food or evidence that the patients are not being fed
				  properly; no staff available at the facility with patients present; unsafe
				  procedures and/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.