South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-125 - Consumer Electronic Equipment Collection and Recovery › Section 61-125.100 - DEFINITIONS AND LICENSURE › Subsection 61-125.102 - Licensure. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. License. No
				  person, private or public organization, political subdivision, or governmental
				  agency shall establish, operate, maintain, or represent itself (advertise or
				  market) as a crisis stabilization unit facility in South Carolina without first
				  obtaining a license from the Department. The facility shall not admit patients
				  prior to the effective date of the license. When it has been determined by the
				  Department that treatment, care, or services are being provided at a location,
				  and the owner has not been issued a license from the Department to provide such
				  treatment, care, and services the owner shall cease operation immediately and
				  ensure the safety, health, and well-being of the patients. Current or previous
				  violations of the S.C. Code 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 treatment, care, and services it
				  is licensed to provide pursuant to the definition in Section 101.L of this
				  regulation. (I)
B. Compliance. An
				  initial license shall not be issued to a proposed facility 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 and
				  volunteers. Facilities shall comply with applicable local, State, and Federal
				  laws, codes, and regulations.
C.
				  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. Licensed beds shall not be utilized by any individuals other
				  than facility patients.
D.
				  Issuance and Terms of License.
1. The license
				  issued by the Department 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 patient or occupant of a
				  facility.
3. A license is not
				  assignable or transferable and is subject to revocation at any time by the
				  Department for the licensee's failure to comply with the laws and regulations
				  of this state.
4. A license shall
				  be effective for a specified facility, at a specific location, for a specified
				  period following the date of issue as determined by the Department. A license
				  shall remain in effect until the Department notifies the licensee of a change
				  in that status.
5. Facilities owned
				  by the same entity but which are not located on the same adjoining or
				  contiguous property shall be separately licensed. Roads or local streets,
				  except limited access, shall not be considered as dividing otherwise adjoining
				  or contiguous property. For facilities owned by the same entity, separate
				  licenses are not required for separate buildings on the same or adjoining
				  grounds where a single level or type of care is provided.
6. Multiple types of facilities on the same
				  premises shall be licensed separately even though owned by the same
				  entity.