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 61-75.100.102 - Licensure. (II)

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 Day Care
				Facility for Adults in South Carolina without first obtaining and possessing a
				License from the Department. The Facility shall not enroll Participants prior to the
				effective date of the License. When it has been determined by the Department that
				treatment, care, or services are being provided at a location, and the owner has not
				been issued a License from the Department to provide such treatment, care, and
				services, the owner shall cease operation immediately and ensure the safety, health,
				and well-being of the Participants. Current or previous violations of South Carolina
				Code of Laws 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 and/or operated by the Licensee. The Facility shall provide
				only the treatment, care, and services it is licensed to provide pursuant to the
				definition in Section 101.J. (I)
B.
				Compliance. An applicant shall not receive an initial License for a proposed
				Facility unless the applicant demonstrates to the Department that the proposed
				Facility is in substantial compliance with Department licensing standards. In the
				event a Licensee who already has a Facility or activity licensed by the Department
				makes application for another Facility or an increase in licensed Participants, the
				currently licensed Facility or activity shall be in substantial compliance with the
				applicable licensing standards prior to receiving a License for the proposed
				Facility or an amended License to the existing Facility. The Facility shall maintain
				a paper or electronic copy of the licensing standards at the Facility accessible to
				all Staff members and Volunteers. Facilities shall comply with applicable local,
				state, and federal laws, codes, and regulations.
C. Licensed Services. Facilities authorized to
				provide services to a set number of Participants, as identified on the face of the
				License, shall not exceed the number of Participants identified on the face of the
				License. Facilities shall obtain authorization from the Department prior to
				establishing new care or services or occupying additional or renovated space.
				(I)
D. Issuance and Terms of License.
1. The Facility shall post the License in a
				conspicuous place in a public area within the Facility.
2. The issuance of a License does not guarantee
				adequacy of individual care, services, personal safety, fire safety, or the
				well-being of any Participant or occupant of a Facility.
3. A License is not assignable or transferable and
				is subject to revocation at any time by the Department for the Licensee's failure to
				comply with the laws and regulations of this state.
4. A License shall be effective for a specified
				Facility at a specific location for a specified period following the date of issue
				as determined by the Department. A License shall remain in effect until the
				Department notifies the Licensee of a change in that status.
5. Facilities owned by the same entity but which
				are not located on the same adjoining or contiguous property shall be separately
				licensed. Roads or local streets, except limited access, shall not be considered as
				dividing otherwise adjoining or contiguous property. For Facilities owned by the
				same entity, separate Licenses are not required for separate buildings on the same
				or adjoining grounds where a single level or type of care is provided.
6. Multiple types of Facilities on the same
				premises shall be licensed separately even though owned by the same
				entity.