reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-111 - STANDARDS FOR LICENSING TATTOO FACILITIES › Sec2 61-111.1900 - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of these regulations is construed
				by a court of competent jurisdiction to be invalid, or otherwise unenforceable,
				such determination shall in no manner affect the remaining portions of these
				regulations, and they shall remain in effect, as if such invalid portions were
				not originally a part of these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-111 - STANDARDS FOR LICENSING TATTOO FACILITIES › Sec2 61-111.2000 - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
Conditions which have not been addressed in these regulations
				shall be managed in accordance with the best practices as interpreted by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.1 - Scope and Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation provides procedures for responding to the
				occurrence or imminent risk of a Qualifying Health Condition in a manner which
				is consistent with the authorities of S.C. Code Ann. Sections
				44-1-110
				through -140, the Emergency Health Powers Act (S.C. Code Ann. Section44-4-10 et
				seq.), S.C. Code Ann. Sections
				44-29-10
				through -50, Regulations61-16 and 61-20, and the State Emergency Response Plan
				with its supporting annexes, appendices, and Standard Operating Procedures. The
				regulation is intended to provide for timely recognition of sources or
				potential sources of disease, identification of victims or potential victims,
				delivery of health care, application of appropriate public health measures, and
				assurance of due process and personal privacy commensurate with the public
				health threat.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.3 - Declaration of Public Health Emergency; Roles of Agencies

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Governor, in consultation with the
			 Public Health Emergency Plan Committee, has the authority to declare a state of
			 Public Health Emergency. DHEC will provide information and advice to the
			 Committee and to the Governor before and after declaration of a state of Public
			 Health Emergency.
B. It is inherent
			 in the nature of public health emergencies that some actions must be taken
			 before the declaration of a state of Public Health Emergency. Nothing in this
			 regulation shall be construed to limit DHEC's authority or obligation, before
			 the declaration of a state of Public Health Emergency, to undertake such
			 investigations or to take such actions pursuant to Code Sections
			 13-7-40
			 and -50, 44-1-80 and 44-1-140, 44-55-60, and 44-56-50 as may be necessary to
			 detect, identify, and control the spread of communicable diseases or of
			 biological, chemical, or radiological agents capable of causing disease or
			 injury.
C. DHEC shall request the
			 assistance of public safety agencies, coroners, medical examiners, professional
			 licensing boards, professional associations, health care facilities, and
			 vendors delivering goods and services to health care facilities and medical
			 professionals to implement this regulation. Where specifically provided for by
			 statute or regulation, such requests shall have the force of law.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.4 - Personal and public health information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Medical Information
i. Upon declaration of a state of Public
			 Health Emergency DHEC may by order amend the Official List of Reportable
			 Conditions to include specific diseases or diagnostic criteria. DHEC may
			 designate whether such reports are "Report Immediately" or "Urgently
			 Reportable" and may provide telephone hot line numbers, electronic notification
			 (email) addresses or other means of reporting as may be appropriate.
ii. Before declaration of a state of Public
			 Health Emergency DHEC may by order amend the Official List of Reportable
			 Conditions to include specific diseases or diagnostic criteria. DHEC may
			 designate whether such reports are "Report Immediately" or "Urgently
			 Reportable" and may provide telephone hot line numbers, electronic notification
			 (email) addresses or other means of reporting as may be appropriate. Within
			 twenty four hours of such order DHEC will provide the Governor and the Public
			 Health Emergency Plan Committee with information upon which such order was
			 based.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.5 - Use of Real Property

Current through Register Vol. 48, No. 6, June 28, 2024
A. Use of
			 Health Care Facilities
i. Coordination of
			 assets
Upon declaration of a Public Health Emergency DHEC may require
				health care facilities to provide current information on patient census,
				available patient beds, and potential expansion capacity. Potential expansion
				capacity shall include vacant beds, rooms constructed but not placed into
				operation in accordance with a Certificate of Need, and rooms which could be
				adapted for multiple occupancy pursuant to subsection ii below. Health care
				facilities shall include such potential expansion capacity as separate line
				items in reports submitted for inclusion in the Regional Mass Casualty Response
				Plans. The means of reporting bed availability, facility problems, emergency
				department diversion, hospital pharmaceutical supplies, equipment,
				decontamination capability and other information necessary to coordinate a
				regional mass casualty response will be determined by DHEC and may include
				software or web page reporting mechanisms in current use and provided by DHEC.
				Hospitals may be required to report information with a predetermined frequency,
				or as requested within each hospital preparedness planning district.
ii. Suspension of hospital
			 licensure requirements
Upon declaration of a state of Public Health Emergency, DHEC
				may by order suspend for the duration of the PHE so much of Regulations61-15
				and 61-16 as (1) restricts use of unlicensed beds or space; (2) restricts the
				conversion of single and double occupancy patient rooms to higher capacity
				(consistent with medically appropriate criteria); or (3) restricts
				establishment of wards, dormitories, or other spaces not designated as patient
				rooms.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.6 - Personal property

Current through Register Vol. 48, No. 6, June 28, 2024
A. DHEC may
			 order decontamination, sealing, or destruction of equipment, foodstuffs,
			 personal property, or any other material to limit the spread of communicable
			 disease or contaminating agents. Such orders may apply to specific items or to
			 classes of items.
B. Destruction
			 may be ordered when decontamination is not practical or when exigent action is
			 necessary to control the spread of contamination or communicable disease.
i. A petition for an order of destruction
			 based on impracticality of decontamination shall be accompanied by one or more
			 affidavits stating (1) the basis for determining the material to be
			 contaminated; (2) if contamination cannot be confirmed by tests, the basis for
			 believing the material to be contaminated or potentially contaminated; (3) the
			 risk to the public health if the material is neither decontaminated or
			 destroyed; (4) alternatives such as decontamination or isolation which have
			 been considered and the reasons they are not adequately protective of the
			 public health.
ii. Nothing herein
			 shall be construed to prohibit the immediate destruction without court order of
			 a source of contamination or communicable disease when, in the professional
			 judgment of DHEC staff, such action is necessary to prevent or limit the spread
			 of contamination or disease. To the extent practicable, staff will record a
			 description of the affected property, the location, and the basis for ordering
			 immediate destruction.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.8 - Qualified health care providers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Authorization to practice
i. Authorization of otherwise qualified
			 health care professionals who are not licensed in South Carolina to render
			 professional services during a public health emergency is the responsibility of
			 the respective licensing board or entity. This may include students or interns
			 as may be recommended by their faculty and approved by the respective licensing
			 board.
ii. DHEC will consult with
			 the Board of Medical Examiners, Board of Nursing, Board of Pharmacy, the State
			 EMT Coordinator, and other licensing boards to determine what credentials will
			 be required of otherwise qualified, but unlicensed, individuals before
			 assignment in a response role. Upon declaration of a Public Health Emergency,
			 DHEC may assign individuals after review of individual credentials but before
			 confirmation from the professional licensing boards.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.9 - Quarantine; Restrictions on travel and public assembly

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon declaration of a Public Health
			 Emergency in which there is a substantial likelihood of person-to-person
			 transmission of disease or spread of contamination, DHEC may recommend to law
			 enforcement authorities orders placing restrictions on public gatherings. Such
			 recommendations shall be reasonably tailored to address the risk and may
			 include limits on the number or age of individuals, restrictions on location,
			 or restrictions on non-essential gatherings.
B. Upon declaration of a Public Health
			 Emergency, DHEC may order closure of primary or secondary schools.
C. Quarantine and isolation
i. DHEC will provide notice to individuals in
			 quarantine or isolation sufficient to inform them of (1) the basis for the
			 order of quarantine or isolation; (2) the restrictions imposed by the order;
			 (3) procedures for obtaining judicial review of the order; (3) notice of any
			 hearings, appointment of counsel, or other court proceedings; (4) the findings
			 of the court after any review of the order; (5) any testing, treatment or
			 vaccination which is planned or available; (6) the location and hours of
			 operation of facilities for the delivery of mail, food, fuel, medical treatment
			 or supplies, and other necessaries.
ii.
(1)
			 DHEC will by order establish criteria for allowing entry into and departure
			 from quarantine or isolation facilities, which may include prohibitions against
			 departure. The Commissioner may designate medical professionals to assist law
			 enforcement personnel assigned to implement the quarantine order.
(2) If quarantine has been established by
			 geographical area, criteria for departure may include procedures for
			 documenting that travelers have permission to enter the intended
			 destination.
iii. DHEC
			 will offer the reviewing court information, including best professional
			 judgment, concerning risk of disease transmission and possible prophylactic
			 measures for the court's consideration in establishing procedures for allowing
			 quarantined or isolated individuals access to counsel and access to court
			 proceedings consistent with public health and due process.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.10 - Human remains

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon
			 declaration of a Public Health Emergency, DHEC will notify coroners, medical
			 examiners, and funeral directors of specific procedures to be followed in
			 handling and disposing of remains of individuals known or presumed to have died
			 from or been exposed to contamination or communicable disease. This may include
			 individuals determined to have died as a result of other causes, such as
			 trauma, but who had been exposed prior to death.
B. Prior to disposal
i. Every person in charge of disposing of any
			 human remains must maintain a written record of each set of human remains and
			 all available information to identify the decedent and the circumstances of
			 death and disposal. If the human remains cannot be identified, prior to
			 disposal, a qualified person must, to the extent possible, take fingerprints
			 and one or more photographs of the human remains, and collect a DNA specimen.
			 The Commissioner may by order require collection of specific tissue samples or
			 performance of specific tests. All information gathered under this paragraph
			 must be promptly forwarded to DHEC. Identification must be handled by the
			 agencies that have laboratories suitable for DNA identification.
ii. All human remains of a person who has
			 died from an infectious disease must be clearly labeled with all available
			 information to identify the decedent and the circumstances of death. Any human
			 remains of a deceased person with an infectious disease must have an external,
			 clearly visible tag indicating that the human remains are infected and, if
			 known, the infectious disease. The person in charge of disposing of such human
			 remains shall report to DHEC the identifying information and the date, means
			 and place of disposal.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.11 - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
Should any section, paragraph or other part of these
				regulations be declared invalid for any reason, the remainder shall not be
				affected.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.A - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
Regulation Regulation
				61-113, et seq. is promulgated
				pursuant to the Groundwater Use and Reporting Act, S.C. Code Ann. Sections
				49-5-10 et
				seq. (1976 Code of Laws, as amended), and is known as the Groundwater Use and
				Reporting Regulation. The Department finds the standards and procedures
				prescribed are necessary to maintain, conserve and protect the groundwater
				resources of the State. Designation of capacity use areas shall be in
				accordance with the Groundwater Use and Reporting Act, S.C. Code Ann. Sections
				49-5-60
				(1976 Code of Laws, as amended).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.C - Applicability of Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The standards contained herein apply to all persons who
				withdraw or are capable of withdrawing groundwater in excess of three million
				gallons in any given month from a well or multiple wells under common ownership
				within a one-mile radius from any one existing or proposed well in South
				Carolina. These regulations do not change or modify previous Capacity Use Area
				designations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.D - Permits and Registrations Required

Current through Register Vol. 48, No. 6, June 28, 2024
1. Before a groundwater withdrawer or
			 proposed groundwater withdrawer in a designated capacity use area can construct
			 a new well or increase the rated capacity of an existing well, an application
			 for a permit to construct shall be made to, and a permit to construct obtained
			 from, the Department unless exempt pursuant to Section J.
2. Before a person may become a groundwater
			 withdrawer in a designated capacity use area, an application for a groundwater
			 withdrawal permit shall be made to, and a groundwater withdrawal permit
			 obtained from, the Department unless exempt pursuant to Section J.
3. Before a groundwater withdrawer or
			 proposed groundwater withdrawer outside a designated capacity use area in the
			 Coastal Plain can construct a new well or increase the rated capacity of an
			 existing well, a Notice of Intent shall be made to the Department at least
			 thirty days prior to initiating the action, unless exempt pursuant to Section
			 J.
4. All groundwater withdrawers
			 in the State shall register their groundwater withdrawal and subsequent use
			 with the Department.
5. A
			 groundwater withdrawer outside a designated capacity use area shall register
			 all new wells with the Department within thirty days after initiating use of
			 the wells.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.F - Department Actions on Permit Applications, Modifications, Revocation and Denials

Current through Register Vol. 48, No. 6, June 28, 2024
1. In
			 considering all permit applications, modifications, and revocations, the
			 Department shall consider, but not be limited to, the following:
a. The number of persons using an aquifer and
			 the object, extent, and necessity of their respective withdrawals or
			 uses;
b. The nature and size of the
			 aquifer;
c. The physical and
			 chemical nature of any impairment of the aquifer adversely affecting its
			 availability or viability for other water uses, including public use;
d. The severity and duration of such
			 impairment under foreseeable conditions;
e. The injury to public health, safety, or
			 welfare which may result if such impairment were not prevented or
			 abated;
f. The kinds of businesses
			 or activities to which the various uses are related;
g. The relative importance and necessity of
			 uses claimed by permit holders and permit applicants, or of the water use of
			 the area, and the extent of injury or detriment caused or reasonably expected
			 to be caused to other water uses, including public use;
h. Diversion from or reduction of flows in
			 surface water or other aquifers;
i.
			 Information provided by the applicant in accordance with Section E;
j. An approved local or regional Groundwater
			 Management Strategy; and
k. Any
			 other relevant factors, such as, but not limited to, public comments and best
			 available geologic and hydrologic information on the aquifer or aquifers of the
			 area.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.G - Permit Modifications

Current through Register Vol. 48, No. 6, June 28, 2024
1. An
			 application to modify a Groundwater Withdrawal Permit shall be required when:
a. The permittee desires to increase the
			 permitted groundwater withdrawal limit;
b. The permittee desires to increase the
			 rated capacity of a well or wells;
c. The permittee desires to construct a new
			 well, unless exempt pursuant to Section J; or
d. There is a proposed change or transfer of
			 ownership of the permitted entity.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.H - Duration of Permits and Renewal

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 No permit shall be issued for a period longer than the following:
a. Five (5) years;
b. The period found by the Department
			 necessary to conserve and protect the resource, prevent waste, and to provide
			 and maintain conditions which are conducive to the development and use of water
			 resources; or
c. The temporary
			 period as specified in Section F.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.I - Groundwater Use Reports

Current through Register Vol. 48, No. 6, June 28, 2024
1. Every
			 permitted and registered groundwater withdrawer in the State shall annually,
			 before January 30th, file with the Department a
			 water use report on forms furnished by the Department or approved by the
			 Department of the quantities of groundwater withdrawn. Failure to provide a
			 groundwater use report is grounds for revocation of a permit.
2. Water use reports shall include, but not
			 be limited to, the following:
a. Name of
			 permit holder and permit number;
b.
			 Use of the groundwater being withdrawn;
c. Source of groundwater, identifying the
			 well or wells utilized;
d. Monthly
			 quantity of water withdrawn from each well; and
e. How the withdrawal was measured.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.J - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The following
			 are exempt from this regulation:
a. Emergency
			 withdrawal of groundwater;
b. Any
			 person withdrawing groundwater for non-consumptive uses;
c. A person withdrawing groundwater for the
			 sole purpose of wildlife habitat management; or
d. A person withdrawing groundwater at a
			 single-family residence or household for noncommercial use.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.K - Saltwater Intrusion

Current through Register Vol. 48, No. 6, June 28, 2024
1. To
			 protect against or abate saltwater intrusion, the Department shall consider the
			 best available information on the geologic and hydrologic characteristics of
			 the aquifer or aquifers and the groundwater withdrawals of the area, and shall
			 require water users to take such action as the Department deems necessary for
			 its control.
2. Types of control
			 measures the Department may require applicants, permit holders, and groundwater
			 withdrawers to take may include, but not be limited to, the following:
a. Pumping arrangements to reduce groundwater
			 withdrawal in areas of concentrated pumping;
b. Location of wells to eliminate or reduce
			 groundwater withdrawals near zones of saltwater intrusion;
c. Requirement of selective withdrawal from
			 other available freshwater aquifers than those currently used;
d. Selective curtailment or reduction of
			 groundwater withdrawals where it is found to be in the public interest or
			 general welfare or to protect the water resource;
e. Conjunctive use of freshwater or saltwater
			 aquifers, or waters of less desirable quality where water quality of a specific
			 character is not essential;
f.
			 Construction and use of observation or monitor wells, drilled into freshwater
			 aquifers between areas of groundwater withdrawal (or proposed areas of
			 groundwater withdrawal) and sources of saltwater;
g. Construction and use of wells, drilled
			 into areas of intrusion, to intercept saltwater moving towards the center of
			 excessive groundwater withdrawal;
h. Construction and use of wells, drilled
			 into the saltwater aquifer, to relieve hydraulic pressure causing saltwater
			 intrusion in the aquifer;
i.
			 Abandonment of wells, in accordance with Section N, that have penetrated
			 saltwater zones or zones of undesirable water quality and are determined by the
			 Department to be causing contamination of freshwater aquifers;
j. Prohibiting the hydraulic connection of
			 saltwater and freshwater aquifers that could result in deterioration of water
			 quality in a freshwater aquifer(s);
k. Abandonment of wells, not covered under
			 Section K.2.i., in accordance with Section N; and
l. Such other necessary and appropriate
			 control or abatement techniques as are technically feasible and have proven to
			 be successful in other areas.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.L - Unreasonable Adverse Effects on Other Water Users

Current through Register Vol. 48, No. 6, June 28, 2024
1. To protect against or abate unreasonable
			 adverse or potential unreasonable adverse effects on other water users within a
			 designated capacity use area, including but not limited to adverse effects on
			 public use, the Department shall consider the best available information on the
			 geologic and hydrologic characteristics of the aquifer or aquifers and the
			 groundwater withdrawals of the area, and shall require groundwater users to
			 take such action as the Department deems necessary and appropriate for its
			 control.
2. Types of control
			 measures which the Department may require applicants, permit holders, and
			 groundwater withdrawers to take may include, but not be limited to, the
			 following:
a. Requirement of selective
			 withdrawal from other available freshwater aquifers than those currently
			 used;
b. Pumping arrangements to
			 reduce groundwater withdrawal in areas of concentrated pumping;
c. Selective curtailment or reduction of
			 groundwater withdrawals where it is found to be in the public interest or
			 general welfare or to protect the water resource;
d. Conjunctive use of aquifers, or waters of
			 less desirable quality where water quality of a specific character is not
			 essential;
e. Construction and use
			 of observation or monitor wells;
f.
			 Abandonment of wells, in accordance with Section N, that have penetrated zones
			 of undesirable water quality where such wells are determined by the Department
			 to be causing contamination of freshwater aquifers;
g. Prohibiting the hydraulic connection of
			 aquifers that could result in deterioration of water quality in a freshwater
			 aquifer(s);
h. Abandonment of
			 wells, not covered under Section L.2.f., in accordance with Section N
			 below;
i. Require the applicants,
			 permit holders, and groundwater withdrawers to cooperate with the Department
			 and other groundwater users in the affected area, in determining and
			 implementing reasonable and practical methods to conserve and protect the water
			 resources and to avoid or minimize adverse effects of the quantity and quality
			 of water available to persons whose water supply has been materially reduced or
			 impaired as a result of groundwater withdrawals; and
j. Such other necessary and appropriate
			 control or abatement techniques as are technically feasible and have proven to
			 be successful in other areas.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.M - Hydrologic and Geologic Information

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department may gather and/or require
			 the submission of hydrologic and geologic information on the aquifer or
			 aquifers in and adjacent to a designated capacity use area for the purpose of
			 evaluating and managing the groundwater resource.
2. Required information may include, but not
			 be limited to, the following:
a. Surface
			 and/or subsurface geologic mapping;
b. Areas of groundwater recharge and amount
			 of recharge;
c. Drilled well
			 cuttings and/or drilled well cores;
d. Geophysical logs;
e. Pumping test to establish hydraulic
			 characteristics of an aquifer(s);
f. Static and pumping water levels of
			 wells;
g. Groundwater availability
			 and flow;
h. Water quality
			 analyses;
i. Amount of groundwater
			 withdrawal from the aquifer(s); and
j. Drill test, monitor or observation
			 wells.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.N - Abandoned Wells

Current through Register Vol. 48, No. 6, June 28, 2024
1. Where the
			 Department finds any existing well(s) of groundwater withdrawers or any test,
			 exploratory, or observation well(s) have been abandoned and are no longer put
			 to beneficial use and which are deemed by the Department to have an
			 unreasonable adverse or potential unreasonable adverse effect on other water
			 users or uses, or which result, or may result, in physical or chemical
			 impairment of the aquifer(s), shall require the well owner to fill, plug, and
			 seal the well in a manner acceptable to and approved by the
			 Department.
2. Where the Department
			 finds an abandoned well to be a contributor, or may in the future become a
			 contributor to saltwater intrusion or contamination or to be having an
			 unreasonable adverse impact on groundwater users or freshwater aquifers, shall
			 require the well owner to fill, plug, and seal the well in a manner acceptable
			 to and approved by the Department.
3. Upon completion of abandonment the well
			 owner or his agent shall submit a completed SCDHEC Water Well Record or other
			 approved form to the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.O - Wells Not Requiring Pumps

Current through Register Vol. 48, No. 6, June 28, 2024
Wells that are flowing by releasing groundwater under such
				pressure that pumping is not necessary to bring it above the ground surface at
				a rate of greater than five thousand gallons a day at any time are an
				unreasonable use of groundwater constituting waste and are prohibited, except
				that the water from these wells may be utilized to the extent actually
				necessary for a specific use. These wells must be fitted with a mechanism to
				restrict the flow of water if the flow is in excess of that necessary for the
				specific use. The Department may promulgate additional regulations to govern
				use of these wells in this State.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-113 - Groundwater Use and Reporting › Section 61-113.P - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of these regulations is construed
				by a court of competent jurisdiction to be invalid, or otherwise unenforceable,
				such determination shall in no manner affect the remaining portions of these
				regulations, and they shall remain in effect, as if such invalid portions were
				not originally a part of these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.A - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation establishes standards for implementing
				provisions of Sections
				44-44-10
				through
				44-44-160 of
				the South Carolina Code of Laws, 1976, as amended, regarding the public health
				monitoring of birth defects identified in children up to two years of age in
				South Carolina. The Birth Defects Act of 2004 established the South Carolina
				Birth Defects Program (SCBDP) within the Department of Health and Environmental
				Control. The Department has been given the legislative mandate to promulgate
				regulations for public health monitoring of birth defects and to ensure
				compliance with the public health monitoring of children born in South
				Carolina. The responsibilities of the various agencies, institutions and
				persons involved in public health surveillance and monitoring of birth defects
				are defined. Procedures for public health surveillance and monitoring, use of
				data, and maintenance of confidentiality are included.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.B - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "Birth defect"
			 is defined as a structural malformation, deformation, or disruption, present at
			 birth, as determined before or after birth.
2. "Department" means the South Carolina
			 Department of Health and Environmental Control.
3. "Child" is defined as a child up to two
			 years of age.
4. "Identifying
			 Information" is defined as the child's legal name, aliases, birth date, time of
			 birth, place of birth, birth weight, race, ethnicity, parent's or legal
			 guardian's complete name, complete address and telephone number; mother's
			 Social Security number and other information as deemed necessary by
			 Department.
5. "ICD-9-CM diagnostic
			 code categories" is the International Classification of Disease which assigns
			 code numbers to each of the birth defects or any subsequent method of
			 classification as may be adopted from time to time.
6. "Active surveillance system" is the
			 process that is used to identify cases and collect data about children with
			 birth defects. An active surveillance system utilizes case abstractors to
			 conduct on-site visits to medical facilities to abstract information directly
			 from medical records and other sources.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.C - Public Health Surveillance and Monitoring of Birth Defects

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department shall conduct statewide
			 monitoring of all major structural birth defects using active surveillance
			 methods to ascertain cases. This monitoring may be both prenatal and postnatal
			 (up to two years of age) and shall include live births and fetal deaths
			 occurring in South Carolina. South Carolina Birth Defects Program Nurse
			 Abstractors will conduct active surveillance at all hospitals in South Carolina
			 that provide obstetrical or pediatric care for case identification and
			 abstraction. Hospitals and other medical facilities will provide, upon request,
			 access to medical records containing ICD-9-CM diagnostic code categories in the
			 range of birth defects codes recommended by the Centers for Disease Control
			 (CDC) and the National Birth Defects Prevention Network (NBDPN) for
			 surveillance. The categories of ICD-9-CM codes for birth defects includes, but
			 is not limited to, the following:
a. Central
			 nervous system disorders
b. Eye and
			 ear disorders
c. Cardiovascular
			 disorders
d. Orofacial
			 disorders
e. Gastrointestinal
			 disorders
f. Genitourinary
			 disorders
g. Musculoskeletal
			 disorders
h. Chromosomal
			 disorders
i. Other disorders to
			 include Fetal Alcohol Syndrome and Amniotic bands
j. ICD-9-CM codes regarding known or
			 suspected fetal abnormality affecting management of mother.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.D - Data Usage

Current through Register Vol. 48, No. 6, June 28, 2024
1. Unless
			 otherwise provided by law, all reports generated by the Department containing
			 birth defects data will be publicly disclosed in aggregate form only. No
			 identifying information will be publicly released by the Department.
2. Birth defect data may be used by the
			 Department, its agents, partners and contractors, to facilitate optimal
			 treatment services for affected children and families.
3. Any entity or person wishing to conduct
			 research using this data must comply with the Department's procedures,
			 including review by the Institutional Review Board (IRB).
4. The Department may negotiate and enter
			 into agreements and contracts with state and federal agencies, other states,
			 universities, genetic centers and other parties, as appropriate, in order to
			 facilitate operation of the program. These agreements and contracts may include
			 the release of identifying data to enable the other entity to offer families
			 assistance for prevention of recurrence of birth defects.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.E - Referral

Current through Register Vol. 48, No. 6, June 28, 2024
1. The Department
			 may contact a family whose child is identified as having a structural birth
			 defect either directly or through the child's health care provider in order to
			 offer services. Family acceptance of referrals is voluntary. Referrals shall be
			 made in accordance with the Department guidelines and
			 recommendations.
2. South Carolina
			 Birth Defects Program nurse abstractors will conduct surveillance activities,
			 to include review of medical records for documentation of physician, social
			 work or discharge planner referral for follow-up of children with birth
			 defects. When there is no documented evidence of follow-up, South Carolina
			 Birth Defects Program staff may access other appropriate health and
			 developmental systems or organizations for referral for early intervention,
			 such as Babynet. Babynet will provide regular feedback, as requested, to South
			 Carolina Birth Defects Program on status of birth defects cases
			 referred.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.F - Confidentiality

Current through Register Vol. 48, No. 6, June 28, 2024
These records will be kept confidential and used and released
				pursuant to the provisions of S.C. Code Ann. Section
				44-44-140
				only.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-114 - South Carolina Birth Defects Program › Section 61-114.G - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of this regulation is construed
				by a court of competent jurisdiction to be invalid, or otherwise unenforceable,
				such determination shall in no manner affect the remaining portions of this
				regulation, and they shall remain in effect as if such invalid portions were
				not originally a part of these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.I - PURPOSE

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of this regulation is to provide the framework by
				which the South Carolina Department of Health and Environmental Control
				(Department) will accept, manage, and enforce electronic record submissions
				from the regulated community. The Department has been authorized to implement
				these requirements for environmental programs that the United States
				Environmental Protection Agency (EPA) has delegated, authorized, or approved
				the Department to administer as referenced in EPA's Cross-Media Electronic
				Reporting Rule (CROMERR) as published in the October 13, 2005, issue of the
				Federal Register (70 FR 59848-59889). Additionally, under the Uniform
				Electronic Transactions Act (UETA) of 2004, S.C. Code Ann. Sections
				26-6-10 et
				seq. the Department is also authorized to include UETA requirements for
				federally-authorized and state-only programs.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.II - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
The following words and terms, when used in this section, have
				the following meanings:
(a) Authorized
			 program--A federal program that the EPA has delegated, authorized, or approved
			 the State of South Carolina to administer, or a program that the EPA has
			 delegated, authorized, or approved the State of South Carolina to administer in
			 lieu of a federal program, under provisions of Title 40 of the Code of Federal
			 Regulations (CFR) and such delegation, authorization, or approval has not been
			 withdrawn or expired.
(b) Copy of
			 record--A true and correct copy of an electronic document received by an
			 electronic document receiving system, which can be viewed in a human-readable
			 format that clearly and accurately associates all of the information provided
			 in the electronic document with descriptions or labeling of the information. A
			 copy of record includes:
(1) all electronic
			 signatures contained in or associated with that document;
(2) the date and time of receipt;
			 and
(3) any other information used
			 to record the meaning of the document or the circumstances of its
			 receipt.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.III - APPLICABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
(a) This section
			 applies to:
(1) persons and signatories who
			 submit official, final electronic documents to the Department to satisfy
			 requirements of:
(A) authorized programs for
			 which the Department has announced it is accepting specified electronic
			 documents; or
(B) state programs
			 for which the Department has announced it is accepting specified electronic
			 documents;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.IV - USE OF ELECTRONIC DOCUMENT RECEIVING SYSTEM

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When the Department has announced that it
			 is accepting specified electronic documents, persons who submit electronic
			 documents to the Department to satisfy requirements of a federal or state
			 program must use the electronic document receiving system and associated
			 procedures designated by the Department.
(b) Persons desiring to use an electronic
			 signature device must execute an electronic signature agreement with
			 handwritten wet ink signature or by using an electronic identity verification
			 system utilized by the Department.
(c) An electronic signature device is
			 compromised if the code or mechanism is available for use by any other
			 individual.
(d) An electronic
			 document must bear the valid electronic signature of a signatory if that
			 signatory is required under the federal or state program to sign the paper
			 document for which the electronic document substitutes.
(e) An electronic signature on an electronic
			 document is valid if it has been created with an electronic signature device
			 that the identified signatory is uniquely entitled to use for signing that
			 document; the device has not been compromised; and the signatory is an
			 individual who is authorized to sign the document by virtue of his or her legal
			 status and/or his or her relationship to the entity on whose behalf the
			 signature is executed.
(f) The
			 presence of an electronic signature on an electronic document submitted to the
			 Department establishes that the signatory intended to sign the electronic
			 document and submit it to the Department to fulfill the purpose of the
			 electronic document.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.V - RESPONSIBILITIES OF AN AUTHORIZED ELECTRONIC SIGNATORY

Current through Register Vol. 48, No. 6, June 28, 2024
(a) When the electronic signature device is
			 used to create an individual's electronic signature, the signatory must ensure
			 that the code or mechanism is unique to that individual at the time the
			 signature is created, and the signatory must be uniquely entitled to use it.
			 Approved signatories shall:
(1) protect the
			 electronic signature device from compromise;
(2) report to the Department any evidence
			 that the device has been compromised, within one business day of the discovery;
			 and,
(3) prohibit any other
			 individual from using the electronic signature device unique to his or her
			 signature.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.VI - ENFORCEMENT

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An electronic
			 signature on an electronic document submitted to the Department is the legal
			 equivalent of a handwritten signature on a paper document submitted to the
			 Department.
(b) Persons and
			 signatories are subject to penalties and other remedies under Department rules
			 or applicable statutes for failure to comply with a reporting requirement of
			 the Department if the person or signatory reports electronically and fails to
			 comply with the applicable provisions of this chapter, applicable statutes,
			 Department regulations, and the electronic participation agreement.
(c) Nothing in this chapter limits the use of
			 an electronic document, copy of record, or information derived from electronic
			 documents as evidence in enforcement proceedings.
(d) The Department may, without advance
			 warning, terminate use of electronic document receiving systems for individuals
			 if, in the Department's sole determination, the use of the electronic document
			 receiving system is performed in a manner contrary to applicable rules and
			 regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-115 - Environmental Electronic Reporting Requirements › Section 61-115.VII - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of this regulation is construed
				by a court of competent jurisdiction to be invalid or otherwise unenforceable,
				such determination shall in no manner affect the remaining portions of this
				regulation, which, in such case, shall remain in effect as if such invalid
				portions were not originally a part of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-116 - SOUTH CAROLINA TRAUMA CARE SYSTEMS › Sec2 61-116.200 - DESIGNATION PROCESS › Section 61-116.200.201 - Eligibility for Designation (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any South Carolina licensed hospital with
				a functioning emergency service may apply for trauma center
				designation.
B. Any South Carolina
				licensed hospital applying for initial designation or renewal designation after
				July 1, 2018, shall obtain an American College of Surgeons (ACS)
				verification.