reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.2 - Definition

Current through Register Vol. 48, No. 6, June 28, 2024
2.1 Carrier" means
			 any person transporting radioactive wastes into or within the State for
			 storage, disposal, or delivery.
2.2
			 "Department" means the Department of Health and Environmental Control,
			 including personnel authorized to act on behalf of the Department.
2.3 "Disposal facility" means any facility
			 located within the State, which accepts radioactive waste for storage or
			 disposal.
2.4 "Generation" means the
			 act or process of producing radioactive waste.
2.5 "Manifest" means the document used for
			 identifying the quantity, composition, origin, and destination of radioactive
			 waste during its transport to a disposal facility.
2.6 "Operator" means every person who drives
			 or is in actual physical control of a vehicle transporting radioactive
			 waste.
2.7 "Persons" means any
			 individual, public or private corporation, political subdivision, government
			 agency, municipality, industry, partnership or any other entity
			 whatsoever.
2.8 Permit" means an
			 authorization issued by the Department to any person involved in the generation
			 of radioactive waste, to transport such radioactive wastes or offer such waste
			 for transport.
2.9 "Radioactive
			 waste" means any and all equipment or materials, including irradiated nuclear
			 reactor fuel, which are radioactive or have radioactive contamination and which
			 are required pursuant to any governing laws, regulations, or licenses to be
			 disposed of as radioactive waste.
2.10 "Radiological violation" means
			 radioactive contamination or the emission of radiation in excess of applicable
			 limits.
2.11 "Shipper" means any
			 person, whether a resident of South Carolina or a non-resident:
2.11.1 who transfers radioactive waste to a
			 carrier for transportation into or within the State; or
2.11.2 who transports their own radioactive
			 waste into or within the State; or
2.11.3 who transfers radioactive waste to
			 another person if such Waste is transported into or within the
			 State.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.3 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
3.1 Before any
			 shipper transports or causes to be transported radioactive waste into or within
			 the State of South Carolina, the shipper shall purchase an annual radioactive
			 waste transport permit from the Department. An application for a permit shall
			 be submitted on Department Form SCDHEC-0800 "Application for Radioactive Waste
			 Transport Permit" together with the necessary fee to: S.C. Department of Health
			 and Environmental Control (SCDHEC), Bureau of Land and Waste
			 Management/Radioactive Waste Management Section, 2600 Bull Street, Columbia,
			 South Carolina, 29201. These forms are available on the Department website, or
			 by other means the Department may provide.
3.2 Before a permit shall be issued, the
			 shipper must deposit and maintain with the Department a cash or corporate
			 surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00); or
			 provide to the Department satisfactory evidence of liability insurance.
3.2.1 For purposes of this regulation,
			 liability insurance shall mean coverage of Five Hundred Thousand Dollars
			 ($500,000.00) per occurrence and One Million Dollars ($1,000,000.00) aggregate,
			 or as otherwise provided by State law.
3.2.2 Any insurance carried pursuant to
			 Section 2210 of Title 42 of the United States Code and Part 140 of Title 10 of
			 the Code of Federal Regulations shall be sufficient to meet the requirements of
			 this section.
3.2.3 Liability
			 insurance shall be specific to the packaging, transportation, disposal,
			 storage, and delivery of radioactive waste.
3.2.4 Shippers maintaining liability
			 insurance for the purpose of this regulation may provide to the Department a
			 certificate of insurance from their insurer indicating the policy number,
			 limits of liability, policy date, and specific coverage for packaging,
			 transportation, disposal, storage, and delivery of radioactive
			 materials.
3.2.5 A cash or
			 corporate surety bond previously posted will be returned to the shipper upon
			 notification to the Department in writing of his or her intention to cease
			 shipments of radioactive waste into or within the State. Such bond will be
			 returned after the last such shipment is accepted safely at its
			 destination.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.4 - Shipper's Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
4.1 Before
			 any shipment of radioactive waste may be transported into or within the State,
			 the shipper shall give written notice to the Department not less than
			 seventy-two (72) hours nor more than thirty (30) calendar days before the
			 expected date of arrival of the shipment or departure from the shipper's
			 facility within the State as the case may be, except as provided in paragraph
			 4.1.3.
4.1.1 All prior notifications shall be
			 filed on a Department form designated as SCDHEC-0802 "Radioactive Waste
			 Shipment Prior Notification and Manifest Form."
4.1.2 The shipper shall immediately notify
			 the Department of any cancellations or significant changes in the prior
			 notification or manifest summary which may occur prior to the shipment
			 departing the facility. For example, such changes include changes in date of
			 arrival, carrier, route, waste description, curie content, volume, or waste
			 classification.
4.1.3 For shipments
			 consisting of seventy-five cubic feet (75 ft.3) or less containing one curie (1
			 Ci) of radioactive material or less which may be consigned as non-exclusive use
			 shipments according to applicable U.S. Department of Transportation
			 regulations, the requirement for prior notification contained in paragraph 4.1
			 is waived. Such shipments must otherwise comply with all other applicable
			 requirements regarding the packaging, transportation, storage, disposal, and
			 delivery of radioactive wastes.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.5 - Carrier's Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
5.1 For
			 each shipment of radioactive waste materials shipped into or within the State,
			 a carrier shall complete Part II: Carrier's Certification on the form
			 SCDHEC-0803 provided by the generator. The certificate shall be signed by a
			 principal, officer, partner, responsible employee, or other authorized agent of
			 the carrier.
5.1.1 The carrier shall certify
			 that the shipment is properly placarded for transport and that all shipping
			 papers required by law and administrative rules and regulations have been
			 properly executed; and
5.1.2 that
			 the transport vehicle has been inspected and meets the applicable requirements
			 of the Federal government and the State of South Carolina, and that all safety
			 and operational components are in good operative condition; and
5.1.3 that the carrier has received a copy of
			 the shipper's "Radioactive Waste Shipment Prior Notification and Manifest
			 Form," form SCDHEC-0802 specified in paragraph 4.2 and the "Radioactive Waste
			 Shipment Certification Form," form SCDHEC-0803 specified in paragraph 4.3;
			 and
5.1.4 that the carrier shall
			 comply fully with all applicable laws and administrative rules and regulations,
			 both State and Federal, regarding the transportation of such waste.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.6 - Disposal Facility Operator

Current through Register Vol. 48, No. 6, June 28, 2024
6.1
			 Owners and operators of disposal facilities shall permanently record, and
			 report to the Department within twenty-four (24) hours after discovery, all
			 conditions in violation of the requirements of this regulation discovered as a
			 result of inspections required by any license under which the facility is
			 operated.
6.2 Prior to the receipt
			 of radioactive wastes at a disposal facility in this State, the owners and
			 operators of such facility shall notify each shipper of any special
			 requirements, if any, in effect regarding the packaging, transportation,
			 storage, disposal, or delivery of such wastes at that facility.
6.3 No owner or operator of a disposal
			 facility located within this State shall accept radioactive waste for storage
			 or disposal unless the shipper of such waste has a valid, unsuspended permit
			 issued pursuant to this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.7 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
7.1 Any person who
			 commits a radiological violation shall:
7.1.1
			 be fined not less than One Thousand Dollars ($1,000.00) nor more than Five
			 Thousand Dollars ($5,000.00); and
7.1.2 if such person is a shipper, have his
			 or her permit suspended for a period of not less than thirty (30) calendar days
			 and until such time as he or she demonstrates to the Department's satisfaction
			 that adequate measures have been taken to prevent reoccurrence of the
			 violation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.8 - Exemptions from the Requirements of this Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may, upon application thereof or upon its own
				initiative, grant such exemptions or exceptions from the requirements of this
				regulation as it determines are authorized by law and will not result in undue
				hazard to public health and safety or property.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Section 61-83.9 - Severability Clause

Current through Register Vol. 48, No. 6, June 28, 2024
It is hereby declared that each of the sections and provisions
				of this regulation are severable, if that any one or more of such sections are
				declared unconstitutional or invalid, the remaining sections and provisions of
				this regulation shall remain in effect.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-83 - Transportation of Radioactive Waste Into or Within South Carolina › Attachment I - Form RHA-200P "Application for Radioactive Waste Transport Permit"

Current through Register Vol. 48, No. 6, June 28, 2024
Form RHA-200P SOUTH CAROLINA DEPARTMENT OF HEALTH AND
( 10/80 ) ENVIRONMENTAL CONTROL APPLICATION
FOR RADIOACTIVE WASTE TRANSPORT PERMIT
Instructions: Complete Items 1 through 8. Submit original and
				one copy to
Chief, Bureau of Radiological Health, S.C. Dept. of Health
				and
Environmental Control, 2600 Bull Street, Columbia, S.C.
				29201.
All copies must be signed and dated. Additional sheets may
				be
used if necessary. Upon approval, the Department will
				return
one copy with your transport permit. All permit fees should
				be
made payable to the S.C. Dept. of Health and
				Environmental
Control, Bureau of Finance, 2600 Bull Street, Columbia, S.C.
				29201. Please note on remittance, "For Radioactive Waste
Transport Permit."
Note: Radioactive Waste Transport Permits may be purchased for
				more
than one facility or location of a company, corporation,
				etc.
However, an application shall be submitted for each
				facility
to include the additional fee and the required certificate
				of
insurance or bond.
-------------------------------------------------------------------------------
1. Name and Address of Applicant
2.Person responsible for Radioactive
			 (Shipper): Waste shipment:
(a)
			 Name:
(b) Title:
(c) Address:
(d) Telephone:
-------------------------------------------------------------------------------
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.100 - DEFINITIONS AND LICENSE REQUIREMENTS › Section 61-84.100.101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of this regulation, the following definitions
				  shall apply:
A. Abuse. Physical abuse
				or psychological abuse.
1. Physical Abuse. The
				act of intentionally inflicting or allowing to be inflicted physical injury on
				a resident by an act or failure to act. Physical abuse includes, but is not
				limited to, slapping, hitting, kicking, biting, choking, pinching, burning,
				actual or attempted sexual battery, use of medication outside the standards of
				reasonable medical practice for the purpose of controlling behavior, and
				unreasonable confinement. Physical abuse also includes the use of a restrictive
				or physically intrusive procedure to control behavior for the purpose of
				punishment except that a therapeutic procedure prescribed by a licensed
				physician or other legally authorized healthcare professional or that is part
				of a written ICP by a physician or other legally authorized healthcare
				professional is not considered physical abuse. Physical abuse does not include
				altercations or acts of assault between residents.
2. Psychological Abuse. The deliberate use of
				any oral, written, or gestured language or depiction that includes disparaging
				or derogatory terms to a resident or within the resident's hearing distance,
				regardless of the resident's age, ability to comprehend, or disability,
				including threats or harassment or other forms of intimidating behavior causing
				fear, humiliation, degradation, agitation, confusion, or other forms of serious
				emotional distress.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.100 - DEFINITIONS AND LICENSE REQUIREMENTS › Section 61-84.100.102 - References

Current through Register Vol. 48, No. 6, June 28, 2024
A. The following
				Departmental publications are referenced in these regulations:
1. R.61-20,
Communicable
				Diseases
;
2. R.61-25,
Retail Food Establishments
;
3. R.61-51,
Public Swimming
				Pools
;
4. R.61-58,
State Primary Drinking Water Regulations
;
5. R.61-67,
Standards for Wastewater
				Facility Construction
;
6.
				R.61-105,
South Carolina Infectious Waste Management
				Regulations
;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.200 - ENFORCING REGULATIONS › Section 61-84.200.201 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall utilize inspections, investigations,
				  consultations, and other pertinent documentation regarding a proposed or
				  licensed facility in order to enforce this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.200 - ENFORCING REGULATIONS › Section 61-84.200.202 - Inspections/Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Inspections by
				the Department shall be conducted prior to initial licensing of a facility and
				subsequent inspections conducted as deemed appropriate by the Department.
				(I)
B. All facilities are subject
				to inspection/investigation at any time without prior notice by individuals
				authorized by S.C. Code of Laws. When staff members/volunteers/residents are
				absent, the facility shall provide information to those seeking legitimate
				access to the facility, including visitors, as to the expected return of staff
				members/volunteers/residents. (I)
C. Individuals authorized by S.C. law shall
				be allowed to enter the facility for the purpose of inspection and/or
				investigation and granted access to all properties and areas, objects, and
				records in a timely manner, and have the authority to require the facility to
				make photocopies of those documents required in the course of inspections or
				investigations. Photocopies shall be used only for purposes of enforcement of
				regulations and confidentiality shall be maintained except to verify the
				identity of individuals in enforcement action proceedings. Physical area of
				inspections shall be determined by the extent to which there is potential
				impact/affect upon residents as determined by the inspector, e.g., flammable
				liquids unsecured in a staff member's bedroom, attic, or basement.
				(I)
D. When there is noncompliance
				with the licensing standards, the facility shall submit an acceptable written
				plan of correction to the Department that shall be signed by the administrator
				and returned by the date specified on the report of inspection/investigation.
				The written plan of correction shall describe: (II)
1. The actions taken to correct each cited
				deficiency;
2. The actions taken to
				prevent recurrences (actual and similar);
3. The actual or expected completion dates of
				those actions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.200 - ENFORCING REGULATIONS › Section 61-84.200.203 - Consultations

Current through Register Vol. 48, No. 6, June 28, 2024
Consultations shall be provided by the Department as
				  requested by the facility or as deemed appropriate by the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.300 - ENFORCEMENT ACTIONS › Section 61-84.300.301 - General

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department 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
				  to the licensee, may impose a monetary penalty, deny, suspend, or revoke
				  licenses.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.400 - POLICIES AND PROCEDURES › Section 61-84.400.401 - General (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Written policies and procedures addressing each section of
				  this regulation regarding resident care, rights, and the operation of the
				  facility shall be developed and implemented, and revised as required in order
				  to accurately reflect actual facility operation. The policies and procedures
				  shall address the provision of any special care offered by the facility which
				  would include how the facility shall meet the specialized needs of the affected
				  residents such as Alzheimer's disease and/or related dementia,
				  physically/developmentally disabled, in accordance with any laws which pertain
				  to that service offered,
e.g.
, Alzheimer's Special Care
				  Disclosure Act. Facilities shall establish a time-period for review of all
				  policies and procedures and such reviews shall be documented. These policies
				  and procedures shall be accessible and available to staff at all times, and
				  shall be available to residents and/or their responsible parties upon their
				  requests for inspection.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.501 - General (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Before being
				employed or contracted as a staff member/direct care volunteer by a licensed
				community residential care facility, a person shall undergo a criminal
				background check pursuant to 1976 Code Section
				44-7-2910.
				Staff members/direct care volunteers/private sitters of the facility shall not
				have a prior conviction or pled no contest (nolo contendere) to abuse, neglect,
				or exploitation of a child or a vulnerable adult as defined in 1976 Code
				Section
				43-35-10,
et seq.
(I)
B.
				Staff members/volunteers shall be provided the necessary training to perform
				the duties for which they are responsible in an effective manner. (I)
C. No supervision/care/services shall be
				provided to individuals who are not residents of the facility other than
				children of owners of the facility who are residing in the facility. Minimum
				staffing requirements shall be applied in instances where children of owners
				reside in the facility, i.e., children of owners shall be considered as
				residents in the staff/resident ratio. (I)
D. Staff members/direct care volunteers shall
				have at least the following qualifications: (I)
1. Capable of rendering care/services to
				residents;
2. Sufficient education
				to be able to perform their duties, and to speak, read, and write
				English;
3. Demonstrate a working
				knowledge of applicable regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.502 - Administrator (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The facility
				administrator shall be licensed as a CRCF administrator in accordance with 1976
				Code Section
				44-7-260.
B. The administrator shall exercise judgment
				that reflects that s/he is capable of meeting the responsibilities involved in
				operating a facility to ensure that it is in compliance with these regulations,
				and shall demonstrate adequate knowledge of these regulations.
C. A staff member shall be designated in
				writing to act in the absence of the administrator, e.g., a listing of the
				lines of authority by position title, including the names of the persons
				filling these positions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.503 - Staff (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. There shall be a
				staff member actively on duty and present in the facility at all times that the
				facility is occupied by residents and to whom the residents can immediately
				report injuries, symptoms of illness, or emergencies. This staff member shall
				recognize and report significant changes in the physical or mental condition of
				each resident and shall ensure that appropriate action is taken.
B. The number and qualifications of staff
				members/direct care volunteers shall be determined by the number and condition
				of the residents. There shall be sufficient staff members/direct care
				volunteers to provide supervision, direct care and basic services for all
				residents. The minimum number of staff members/direct care volunteers that
				shall be maintained in all facilities:
1. In
				each building, there shall be at least one staff member/direct care volunteer
				for each eight (8) residents or fraction thereof on duty during all periods of
				peak hours.
2. In each building,
				during non-peak hours, there shall be at least one staff member/volunteer on
				duty for each thirty (30) residents or fraction thereof. A staff
				member/volunteer shall be awake and dressed at all times. Staff
				member(s)/volunteer(s) shall be able to appropriately respond to resident needs
				during non-peak hours.
3. In
				facilities that are licensed for more than 10 beds, and the facility is of
				multi-floor design, there shall be a staff member available on each floor at
				all times residents are present on that floor.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.504 - Inservice Training (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Documentation of all inservice training shall be signed and dated by both the
				individual providing the training and the individual receiving the training.
				The following training shall be provided by appropriate resources,
e.g.
, licensed/registered/certified persons, books, electronic
				media,
etc.
, to all staff members/direct care volunteers and
				private sitters in the context of their job duties and responsibilities, prior
				to resident contact and at a frequency determined by the facility, but at least
				annually unless otherwise specified by certificate,
e.g.,
cardiopulmonary resuscitation (CPR):
1. Basic first-aid to include emergency
				procedures as well as procedures to manage/care for minor accidents or
				injuries;
2. Procedures for
				checking and recording vital signs (for designated staff members
				only);
3. Management/care of
				persons with contagious and/or communicable disease, e.g., hepatitis,
				tuberculosis, HIV infection;
4.
				Medication management including storage, administration, receiving orders,
				securing medications, interactions, and adverse reactions;
5. Depending on the type of residents, care
				of persons specific to the physical/mental condition being cared for in the
				facility, e.g., dementia; cognitive disability; mental illness; or aggressive,
				violent, and/or inappropriate behavioral symptoms etc., to include
				communication techniques (cueing and mirroring), understanding and coping with
				behaviors, safety, activities, etc.
6. Use of restraint techniques;
7. OSHA standards regarding blood-borne
				pathogens;
8. Cardiopulmonary
				resuscitation for designated staff members/direct care volunteers to ensure
				that there is a certified staff member/direct care volunteer present whenever
				residents are in the facility;
9.
				Confidentiality of resident information and records;
10. Bill of Rights for Long-Term Care
				Facilities per 1976 Code Section
				44-81-10,
et seq.
;
11. Fire
				response training within twenty-four (24) hours of their first day on the job
				in the facility (See Section 1503);
12. Emergency procedures/disaster
				preparedness within twenty-four (24) hours of their first day on the job in the
				facility (See Section 1400); and
13. Activity training (for the designated
				staff only).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.505 - Health Status (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
				staff members/direct care volunteers who have contact with residents, including
				food service staff members/direct care volunteers, shall have a health
				assessment within 12 months prior to initial resident contact. The health
				assessment shall include tuberculin skin testing as described in Section
				1702.
B. If a staff member/direct
				care volunteer is working at multiple facilities operated by the same licensee,
				copies of records for tuberculin skin testing and the pre-employment health
				assessment shall be accessible at each facility. For any other staff
				member/direct care volunteer, a copy of the tuberculin skin testing shall be
				acceptable provided the test had been completed within three months prior to
				resident contact.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.500 - STAFF/TRAINING › Section 61-84.500.506 - Private Sitters (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Unless
				the written agreement (See Section 901.A) between a resident and the facility
				prohibits the use of private sitters, the facility shall establish a formalized
				private sitter program directed by a facility staff member so that residents or
				their responsible party may contract for sitter services.
1. The facility shall assure that private
				sitters have been chosen in accordance with the Residents Bill of
				Rights.
2. Facilities allowing the
				use of private sitters shall establish written policies and procedures for
				private sitters.
3. Prior to
				resident contact, the private sitter shall have documented orientation to the
				organization and environment of the facility. Orientation to the facility shall
				consist, at least, of the following:
a.
				Residents' rights;
b.
				Confidentiality;
c. Disaster
				preparedness;
d. Emergency response
				procedures;
e. Safety procedures
				and precautions; and
f. Infection
				control.
4. There shall
				be accurate current information maintained regarding private sitters including:
a. Name, address and telephone
				number;
b. Documentation of
				orientation to the facility, including residents' rights, regulation
				compliance, policies and procedures, training, and duties;
c. Date of initial resident contact may be
				maintained by the facility, if applicable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.601 - Accidents and/or Incidents

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				A facility shall maintain a record of each accident and/or incident, including
				usage of mechanical/physical restraints, involving residents, staff members or
				volunteers, occurring in the facility or on the facility grounds. A facility's
				record of each accident and/or incident shall be documented, reviewed,
				investigated, and if necessary, evaluated in accordance with facility policies
				and procedures, and retained by the facility for six (6) years after the
				resident stops receiving services.
B. A facility shall report every serious
				accident and/or incident that results in resident's death or significant loss
				of function or damage to a body structure, not related to the natural course of
				a resident's illness or underlying condition or normal course of treatment, and
				resulting from an accident and/or incident occurring to resident within the
				facility or on the facility grounds. Serious accidents and/or incidents
				requiring reporting include, but are not limited to:
1. Crime(s) against resident;
2. Confirmed or suspected cases of abuse,
				neglect, or exploitation;
3.
				Medication error with adverse reaction;
4. Hospitalization as a result of the
				accident and/or incident;
5. Severe
				hematoma, laceration or burn requiring medical attention or
				hospitalization;
6. Fracture of
				bone or joint;
7. Severe injury
				involving use of restraints;
8.
				Attempted suicide; or
9.
				Fire.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.602 - Fire/Disasters (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				administrator or his or her designee shall notify the Department via telephone
				or email of any fire in the facility and submit to the Department a complete
				written report including fire department reports, if any within seventy-two
				(72) hours of the occurrence of the fire.
B. The administrator or his or her designee
				shall report any natural disaster or fire requiring displacement of the
				residents or jeopardizing or potentially jeopardizing the safety of the
				residents to the Department via telephone or email immediately, with a complete
				written report including the fire department or other reporting authority (as
				applicable) submitted within seventy-two (72) hours.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.603 - Communicable Diseases and Animal Bites (I)

Current through Register Vol. 48, No. 6, June 28, 2024
All cases of diseases and animal bites which are required to
				  be reported to the appropriate county health department shall be accomplished
				  in accordance with R.61-20.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.604 - Administrator Change

Current through Register Vol. 48, No. 6, June 28, 2024
The licensee shall notify the Department via telephone or
				  email within seventy-two (72) hours of any change in administrator status. The
				  licensee shall provide the Department in writing within ten (10) days the name
				  of the newly-appointed administrator, the effective date of the appointment,
				  copy of the administrator's license and the hours each day the individual will
				  be working as the administrator of the facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.605 - Accounting of Controlled Substances (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Any facility registered with the Department's Bureau of Drug
				  Control and the United States Drug Enforcement Agency shall report any theft or
				  loss of controlled substances to local law enforcement and to the Department's
				  Bureau of Drug Control upon discovery of the loss/theft.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.606 - Emergency Placement Notification

Current through Register Vol. 48, No. 6, June 28, 2024
In instances where evacuees have been relocated, the
				  Department shall be notified by the relocating facility in writing no later
				  than the following workday, the name of the individuals relocated and the name,
				  address and phone number of the sheltering facility(ies) to which the residents
				  have been relocated.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.607 - Facility Closure

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prior to the
				permanent closure of a facility, the licensee shall notify the Department in
				writing of the intent to close and the effective closure date. Within 10 days
				of the closure, the facility shall notify the Department of the provisions for
				the maintenance of the records, the identification of those residents
				displaced, the relocated site, and the dates and amounts of resident refunds.
				On the date of closure, the license shall be returned to the
				Department.
B. In instances where a
				facility temporarily closes, the licensee shall notify the Department in
				writing within fifteen (15) days prior to temporary closure. In the event of
				temporary closure due to an emergency, the facility shall notify the Department
				within twenty-four (24) hours of the closure via telephone, email or facsimile.
				At a minimum this notification shall include, but not be limited to: the reason
				for the temporary closure, the location where the residents have been/will be
				transferred, the manner in which the records are being stored, and the
				anticipated date for reopening. The Department shall consider, upon appropriate
				review, the necessity of inspecting and determining the applicability of
				current construction standards of the facility prior to its reopening. If the
				facility is closed for a period longer than one year, and there is a desire to
				re-open, the facility shall re-apply to the Department for licensure and shall
				be subject to all licensing requirements at the time of that application,
				including construction-related requirements for a new facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.600 - REPORTING › Section 61-84.600.608 - Zero Census

Current through Register Vol. 48, No. 6, June 28, 2024
In instances when there have been no residents in a facility
				  for any reason for a period of 90 days or more, the facility shall notify the
				  Department in writing that there have been no admissions, no later than the
				  100th day following the date of departure of the last active resident. At the
				  time of that notification, the Department shall consider, upon appropriate
				  review of the situation, the necessity of inspecting the facility prior to any
				  new and/or re-admissions to the facility. The facility shall still submit an
				  application and pay the licensing fee to keep the license active, even though
				  the facility is at zero census or temporarily closed. If the facility has no
				  residents for a period longer than one year, and there is a desire to admit a
				  resident, the facility shall re-apply to the Department for licensure and shall
				  be subject to all licensing requirements at the time of that application,
				  including construction-related requirements for a new facility.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.700 - RESIDENT RECORDS › Section 61-84.700.701 - Content (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The facility
				shall initiate and maintain on site an organized record for each resident. The
				record shall contain sufficient documented information to identify the resident
				and the agency and/or person responsible for each resident; support the
				diagnosis, secure the appropriate care/services (as needed); justify the
				care/services provided to include the course-of-action taken and results; the
				symptoms or other indications of sickness or injury; changes in physical/mental
				condition; the response/reaction to care, medication, and diet provided; and
				promote continuity of care among providers, consistent with acceptable
				standards of practice. All entries shall be written legibly in ink, typed or
				electronic media, and signed, and dated.
B. Specific entries/documentation shall
				include at a minimum:
1. Consultations by
				physicians or other authorized healthcare providers;
2. Orders and recommendations for all
				medication, care, services, procedures, and diet from physicians or other
				authorized healthcare providers, which shall be completed prior to, or at the
				time of admission, and subsequently, as warranted. Verbal orders received shall
				be documented and include the date/time of receipt of the order, description of
				the order, and identification of the individual receiving the order;
3. Care/services provided, e.g., hospice,
				home health;
4. Medications
				administered and procedures followed if an error is made;
5. Special procedures and preventive measures
				performed;
6. Notes of observation.
				In instances that involve significant changes in a resident's medical condition
				and/or the occurrence of a serious incident, notes of observation shall be
				documented at least daily until the condition is stabilized and/or the incident
				is resolved. In all other instances, notes of observation for residents shall
				be documented at least monthly;
7.
				Time, circumstances, and condition of discharge, transfer, or death;
8. Provisions for routine and emergency
				medical care, to include the name and telephone number of the resident's
				physician, plan for payment, and plan for securing medications;
9. Special information, e.g.,
				do-not-resuscitate orders, allergies, power of attorney, responsible party,
				etc.
10. Photograph of resident.
				Resident photographs shall be at a minimum two and one half inches by three and
				one half inches (2 1/2 by 3 1/2 inches) in size, dated and no more than
				twenty-four (24) months old unless significant changes in appearance have
				occurred necessitating a more recent photograph.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.700 - RESIDENT RECORDS › Section 61-84.700.702 - Assessment (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A written assessment of the resident in accordance with
				  Section 101.H shall be conducted by a direct care staff member as evidenced by
				  his or her signature and date within a time-period determined by the facility,
				  but no later than 72 hours after admission.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.700 - RESIDENT RECORDS › Section 61-84.700.703 - Individual Care Plan (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Using the written assessment, the facility shall develop within seven (7) days
				of admission an ICP with participation of the resident, administrator (or
				designee), and/or the sponsor or responsible party when appropriate, as
				evidenced by their signatures and date. The ICP shall be reviewed and/or
				revised as changes in resident needs occur, but not less than semi-annually
				with the resident, administrator (or designee), and/or the sponsor or
				responsible party as evidenced by their signatures and date.
B. The ICP shall describe:
1. The needs of the resident, including the
				activities of daily living for which the resident requires assistance, i.e.,
				what assistance, how much, who will provide the assistance, how often, and
				when;
2. Requirements and
				arrangements for visits by or to physicians or other authorized healthcare
				providers;
3. Advance
				directives/healthcare power of attorney, as applicable;
4. Recreational and social activities which
				are suitable, desirable, and important to the well-being of the
				resident;
5. Nutritional
				needs.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.700 - RESIDENT RECORDS › Section 61-84.700.704 - Record Maintenance

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				licensee shall provide accommodations, space, supplies, and equipment adequate
				for the protection and storage of resident records.
B. When a resident is transferred from one
				facility to another, a transfer summary to include at a minimum, copies of the
				most recent physical examination, the two-step tuberculosis test, the ICP and
				medication administration record (MAR), shall be forwarded to the receiving
				facility at the time of transfer or immediately after the transfer if the
				transfer is of an emergency nature. The transfer summary shall include the date
				sent and the signature of the transferring facility staff member. (I)
C. The resident record is confidential and
				shall be made available only to individuals authorized by the facility and/or
				the S.C. Code of Laws. (II)
D.
				Records generated by organizations/individuals contracted by the facility for
				care/services shall be maintained by the facility that has admitted the
				resident.
E. The facility shall
				determine the medium in which information is stored.
F. Upon discharge of a resident, the record
				shall be completed within 30 days, and filed in an inactive/closed file
				maintained by the licensee. Prior to the closing of a facility for any reason,
				the licensee shall arrange for preservation of records to ensure compliance
				with these regulations. The licensee shall notify the Department, in writing,
				describing these arrangements and the location of the records.
G. Records of residents shall be maintained
				for at least six (6) years following the discharge of the resident. Other
				regulation-required documents, e.g., fire drills, activity schedules, etc.,
				shall be retained at least 12 months or since the last Department general
				inspection, whichever is the longer period.
H. Records of current residents are the
				property of the facility and shall be maintained at the facility and shall not
				be removed without court order.
EXCEPTION:
When a resident moves from one
				  licensed facility to another within the same provider network (same licensee),
				  the original record may follow the resident; the sending facility shall
				  maintain documentation of the resident's transfer/discharge date and
				  identification information. In the event of change of ownership, all active
				  resident records or copies of active resident records shall be transferred to
				  the new owner(s).