South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-116 - SOUTH CAROLINA TRAUMA CARE SYSTEMS › Sec2 61-116.500 - ENFORCEMENT ACTIONS › Section 61-116.500.502 - 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, safety, or well-being of any persons 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 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. The
				citation of a Class III violation may 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. In arriving at a decision to take
				enforcement action, the Department will consider the following factors:
1. The number and classification of
				violations, including repeat violations;
2. The specific conditions and their impact
				or potential impact on health, safety or well-being of the patients;
3. The efforts by the facility to correct
				cited violations;
4. The overall
				conditions of the facility;
5. The
				failure or refusal to comply with the provisions or requirements of this
				regulation;
6. The
				misrepresentation of a material fact about facility capabilities or other
				pertinent circumstances in any record or in a matter under investigation for
				any purposes connected with this chapter;
7. The prevention, interference with, or any
				attempts to impede the work of a representative of the Department in
				implementing or enforcing these regulations or the statute;
8. The use of false, fraudulent, or
				misleading advertising, or any public claims regarding the hospital's ability
				to care for non-trauma patients based on its trauma center designation
				status;
9. The misrepresentation of
				the facility's ability to care for trauma patients based on its designation
				status;
10. The failure to provide
				data to the Trauma Registry;
11.
				Any other pertinent conditions that may be applicable to statutes and
				regulations.