South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-97 - Standards for Licensing Renal Dialysis Facilities › Sec2 61-97.300 - ENFORCEMENT ACTIONS › Section 61-97.300.302 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violation 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 this regulation 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 impacts or
				potential impacts 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; 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.