South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-103 - Residential Treatment Facilities for Children and Adolescents › Sec2 61-103.100 - DEFINITIONS AND LICENSE REQUIREMENTS › Section 61-103.100.102 - License Requirements (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				License. No person, private or public organization, political subdivision, or
				governmental agency shall establish, operate, maintain, or represent itself by
				advertising or marketing, as a Residential Treatment Facility for Children and
				Adolescents in South Carolina without first obtaining a license from the
				Department. The facility shall not admit residents prior to the effective date
				of the license. When it has been determined by the Department that room, board,
				and a degree of personal care to two (2) or more children or adolescents
				unrelated to the owner is being provided at a location, and the owner has not
				been issued a license from the Department to provide such care, the owner shall
				cease operation immediately and ensure the safety, health, and well-being of
				the occupants. Current and/or previous violations of state law and/or
				Department regulations may jeopardize the issuance of a license for the
				facility or the licensing of any other facility, or addition to an existing
				facility which is owned and/or operated by the licensee. The facility shall
				provide only the care and services it is licensed to provide pursuant to the
				definition in Section 101.OO of this regulation. (I)
B. Compliance. An initial license shall not
				be issued to a proposed facility that has not been previously and continuously
				licensed under Department regulations until the licensee has demonstrated to
				the Department that the proposed facility is in substantial compliance with the
				licensing standards. In the event a licensee who already has a facility or
				activity licensed by the Department makes application for another facility or
				increase in licensed bed capacity, the currently licensed facility or activity
				shall be in substantial compliance with the applicable standards prior to the
				Department issuing a license to the proposed facility or amended license to the
				existing facility. A copy of the licensing standards shall be maintained at the
				facility and accessible to all staff members. Facilities shall comply with
				applicable local, state, and federal laws, codes, and regulations.
C. Compliance with Structural Standards.
				Facilities licensed at the time of promulgation of these regulations shall be
				allowed to continue utilizing the previously-licensed structure without
				modification.
D. Licensed Bed
				Capacity. No facility that has been authorized to provide a set number of
				licensed beds, as identified on the face of the license, shall exceed the bed
				capacity. No facility shall establish new care or services or occupy additional
				beds or renovated space without first obtaining authorization from the
				Department. (I)
E. Persons
				Received in Excess of Licensed Bed Capacity. No facility shall receive for care
				or services persons in excess of the licensed bed capacity, except in cased of
				justified emergencies. (I)
EXCEPTION:
In the event that the facility
				  temporarily provides shelter for evacuees who have been displaced due to a
				  disaster, then for the duration of that emergency, provided the health, safety,
				  and well-being of all residents are not compromised, it is permissible to
				  temporarily exceed the licensed capacity for the facility in order to
				  accommodate these individuals (See Section 606).
F. Issuance and Terms of License.
1. A license is issued by the Department and
				shall be posted in a conspicuous place in a public area within the
				facility.
2. The issuance of a
				license does not guarantee adequacy of individual care, services, personal
				safety, fire safety, or the well-being of any resident or occupant of a
				facility.
3. A license is not
				assignable or transferrable and is subject to revocation at any time by the
				Department for the licensee's failure to comply with the laws and regulations
				of this state.
4. A license shall
				be effective for a specified facility, at a specific location(s), for a
				specified period following the date of issue as determined by the Department. A
				license shall remain in effect until the Department notifies the licensee of a
				change in that status.
5.
				Facilities owned by the same entity but are not located on the same adjoining
				or contiguous property shall be separately licensed. Road or local streets,
				except limited access, such as interstate highways, shall not be considered as
				dividing otherwise adjoining or contiguous property. Facilities owned by the
				same entity, separate licenses are not required for separate buildings on the
				same or adjoining grounds where a single level or type of care is
				provided.
6. Multiple types of
				facilities on the same premises shall be licensed separately even if owned by
				the same entity.