South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.100 - DEFINITIONS AND LICENSURE › Section 61-93.100.102 - License Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				License. No person, private or public organization, political subdivision, or
				governmental agency shall establish, operate, maintain, represent, advertise,
				or market itself as a Facility in South Carolina without first obtaining a
				License from the Department. No Facility shall admit Patients prior to the
				effective date of the License. When it has been determined by the Department
				that services for Substance Use Disorder are being provided at a location, and
				the owner has not been issued a License from the Department, the owner shall
				cease operation immediately and ensure the safety, health, and well-being of
				the Patients. Current and/or previous violations of the South Carolina Code or
				Department regulations may jeopardize the issuance of a License for the
				Facility or the licensing of any other Facility or addition to an existing
				Facility that is owned/operated by the licensee. The Facility shall provide
				only the treatment, services, and care it is licensed to provide pursuant to
				the definition in Section 101.V. of this regulation. (I)
B. Compliance. An initial License shall not
				be issued to a proposed Facility until the Licensee has demonstrated to the
				Department that the proposed Facility is in substantial compliance with the
				licensing standards. In the event a current Licensee who already has a Facility
				or activity makes application for another Facility, the currently licensed
				Facility /activity shall be in substantial compliance with the applicable
				standards prior to the Department issuing a License to the proposed Facility or
				amended License to the existing Facility. A paper or electronic copy of the
				licensing standards shall be maintained at the Facility and accessible to all
				Staff members and Volunteers. Facilities shall comply with applicable local,
				state, and federal laws, codes, and regulations.
C. Licensed Services. No Facility shall
				provide services outside the limits of the type Facility identified on the face
				of the License and/or which the Facility has been authorized to provide. (I)
D. Satellite Facilities.
1. Outpatient Satellite locations, other than
				Medication Units, are authorized only in the same county as the main Facility
				or in contiguous counties to the county in which the main Facility is
				located.
2. Medication Units. A
				Licensed Outpatient Facility providing an Opioid Treatment Program may
				establish a Medication Unit. A Medication Unit shall only administer
				Medications and conduct substance use screening. Other required services shall
				be provided at the licensed Facility's primary location. The Medication Unit
				shall meet the regulatory requirements for Medication administration, staffing,
				substance use screening, and construction.
a.
				Medication Units shall be opened no closer than forty-five (45) miles and no
				further than ninety (90) miles from the primary Opioid Treatment
				Program.
b. The Facility shall
				obtain a registration from the Department's Bureau of Drug Control and a
				Controlled Substances registration from the federal Drug Enforcement
				Administration for each Medication Unit.
c. The Facility shall not establish, operate,
				or maintain a Medication Unit without submitting an application to and
				receiving approval from the Department. The Facility's application for the
				Medication Unit shall include documentation from the Department evidencing that
				the applicant received either a Certificate of Need or a determination by the
				Department that Certificate of Need review is not required.