South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-12 - STANDARDS FOR LICENSING ABORTION CLINICS › Part I - DEFINITIONS AND REQUIREMENTS FOR LICENSURE › Section 61-12.I.103 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
When it 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, may deny,
				  suspend, or revoke licenses, or assess a monetary penalty. Under such
				  conditions, the following shall apply:
A. Class I violations are those that the
				Department determines to present an imminent danger to the health, safety, or
				welfare of the patients of 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 shall exist after expiration of said time shall be considered a
				subsequent violation.
B. Class II
				violations are those, other than Class I violations, that the Department
				determines to have a direct or immediate relationship to the health, safety or
				well-being of the facility's patients. The citation of a Class II violation
				shall specify the time within which the violation is required to be corrected.
				Each day such violation shall exist after expiration of said 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 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 shall exist after expiration of said time
				shall be considered a subsequent violation.
D. Class I and II violations are indicated by
				notation after each applicable section, i.e., (I) or (II). Violations of
				sections that are not annotated in that manner denote Class III
				violations.
E. In arriving at a
				decision to penalize a facility, the Department will consider the following
				factors: specific conditions and their impact or potential impact on health,
				safety or well-being; efforts by the facility to correct; overall conditions;
				history of compliance; any other pertinent conditions that may be applicable to
				current statutes and regulations.
F. When a decision is made to assess monetary
				penalties, the following schedule will be used as a guide to determine the
				dollar amount:
Frequency of
violation of
standard
within
a 24-month
period:
MONETARY PENALTY RANGES
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$ 200 - 1000
$ 100 - 500
$ 0
2nd
500 - 2000
200 - 1000
100 - 500
3rd
1000 - 5000
500 - 2000
200 - 1000
4th
5000
1000 - 5000
500 - 2000
5th
5000
5000
1000 - 5000
6th
5000
5000
5000
G.
				Any facility that is dissatisfied with Department decisions may request a
				hearing pursuant to the Administrative Procedures Act.