reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.J - ACTIONS ON PERMIT APPLICATIONS, MODIFICATIONS, REVOCATIONS AND DENIALS › Section 61-119.J.1 - Authority to Take Action On Permits

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may modify, suspend, or revoke a permit under
				  the following conditions:
a. the
				permit holder withdraws water not authorized by its permit or fails to comply
				with the terms and conditions of its permit;
b. the permit holder obtains a permit by
				misrepresentation or fails to disclose a material fact in its
				application;
c. the permit holder
				ceases to withdraw water for a period of at least thirty-six (36) consecutive
				months;
d. a permanent change in
				natural conditions results in a permitted activity endangering human health or
				the environment; or
e. if a permit
				holder requests a significant increase in surface withdrawal quantity, a
				significant change in use, such as a new or increased interbasin transfer, or a
				change in consumptive use.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.J - ACTIONS ON PERMIT APPLICATIONS, MODIFICATIONS, REVOCATIONS AND DENIALS › Section 61-119.J.2 - Transferability of Permits

Current through Register Vol. 48, No. 6, June 28, 2024
a. Surface
				water permits are transferable with the prior written consent of the Department
				provided:
i. the current permittee notifies
				the Department at least sixty (60) days in advance of the proposed transfer
				date; and
ii. the activities and
				uses of the new permittee are consistent with the activities of the original
				permittee.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Section 61-119.K - EXISTING INTERBASIN TRANSFER PERMITS AND REGISTRATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
The expiration date of an interbasin transfer permit or
				interbasin registration, including any water withdrawal right or authority
				contained in the permit or registration, in existence on January 1, 2011,
				remains effective. For the purposes of this chapter, existing interbasin
				transfer permit or interbasin registration holders are deemed to be existing
				surface water withdrawers. A renewal of an interbasin transfer permit or
				registration must be made pursuant to the criteria established in Section
				49-4-10 et
				seq. for existing surface water withdrawers, except that permits or
				registrations renewed within three (3) years after the effective date of this
				chapter must be renewed for a quantity at least equal to the permitted quantity
				in the expired permit. All other renewals must be issued in accordance with the
				criterion applicable to existing surface water withdrawers and for a quantity
				equal to the permitted quantity in the expired permit, unless the Department
				demonstrates by a preponderance of the evidence that the quantity above maximum
				withdrawals during the permit term are not necessary to meet the permittee's
				future need.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.L - REGISTRATION OF AGRICULTURAL WITHDRAWALS › Section 61-119.L.1 - Requirement to Register

Current through Register Vol. 48, No. 6, June 28, 2024
a. Persons
				withdrawing water in excess of three million (3,000,000) gallons during any one
				(1) month for agricultural purposes must register their use with the Department
				on forms provided by the Department.
b. Registered surface water withdrawers are
				subject to the reporting requirements but not the permitting requirements of
				this regulation.
c. A registered
				surface water withdrawer may, at any time, request an increase in its
				registered amount; however, withdrawals that are not substantially greater than
				the registered amount do not necessarily require a modification to the
				registration.
d. Nothing in this
				regulation prohibits a registered surface water withdrawer from applying for
				and receiving a surface water withdrawal permit, consistent with applicable
				provisions of this regulation. A registered surface water withdrawer that
				obtains a permit is entitled to all of the rights conferred upon by a
				permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.L - REGISTRATION OF AGRICULTURAL WITHDRAWALS › Section 61-119.L.2 - Existing Agricultural Withdrawers

Current through Register Vol. 48, No. 6, June 28, 2024
a. An existing agricultural withdrawer
				already reporting its withdrawal to the Department as of January 1, 2011, may
				maintain its withdrawal(s) at its highest reported level or at the design
				capacity of the intake structure(s) existing as of January 1, 2011, and is
				deemed to be registered with the Department.
b. The Department will notify the withdrawer
				of the registration and the allowed level of withdrawal based on the highest
				reported level of withdrawal. The notification will stipulate that the
				withdrawer may, no later than sixty (60) days from the date of notification,
				provide to the Department appropriate documentation showing the permanent
				intake capacity as of January 1, 2011 to be greater than the highest reported
				level of withdrawal and be registered for the higher amount.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.L - REGISTRATION OF AGRICULTURAL WITHDRAWALS › Section 61-119.L.3 - New or Expanding Agricultural Withdrawals After January 1, 2011

Current through Register Vol. 48, No. 6, June 28, 2024
a. A person
				proposing to withdraw water for agricultural purposes in a quantity anticipated
				to meet the criteria of a surface withdrawer or an existing registered
				withdrawer seeking to increase its registered amount must report, on a form to
				be supplied by the Department, its anticipated withdrawal quantity or increase
				to the Department for determination as to whether that quantity is within the
				safe yield for that water source at the time of the request. The safe yield
				will be determined consistent with item E.3.a.ii of this regulation.
b. Upon making a safe yield determination,
				the Department must send a description of its determination to the proposed
				registered surface water withdrawer by registered mail.
i. If the anticipated withdrawal quantity or
				increase is determined to be within the safe yield of the source waterbody, the
				withdrawal will be considered registered with the Department for the
				anticipated quantity and the notification will constitute authorization to
				proceed with construction and operation of the withdrawal at the specified
				amount.
ii. If the anticipated
				withdrawal quantity or increase is determined not to be within the safe yield
				of the source waterbody, then the proposed new registered surface water
				withdrawer may not proceed with the construction or installation of a new water
				intake pursuant to this regulation nor can an existing registrant increase
				withdrawals above their current registered amount. However, the registrant may
				modify its request to reflect a reduced withdrawal quantity or increase that is
				within the safe yield.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.L - REGISTRATION OF AGRICULTURAL WITHDRAWALS › Section 61-119.L.4 - Application Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
a. At a
				minimum, the form for reporting an anticipated withdrawal quantity, for
				registering a withdrawal, or for requesting an increase in the amount of
				surface water withdrawn must include the following information:
i. the name, address, phone number(s),
				principal place of business of the person applying for the registration or
				registration modification and, if applicable, the name and address of the agent
				for the applicant;
ii. the location
				of the proposed intake(s) or the existing intake(s) to be expanded, including:
(A) name of source waterbody;
(B) latitude and longitude of intake;
				and
(C) a map showing the
				withdrawal point(s) on a 1:24,000 scale USGS quadrangle or
				equivalent;
iii. the
				quantity of water for which the registration is being requested;
iv. the capacity of the intake; and
v. the type of intake, either
				permanent or mobile.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.L - REGISTRATION OF AGRICULTURAL WITHDRAWALS › Section 61-119.L.5 - Regulatory Authority

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may modify the amount an existing registered
				  surface water withdrawer may withdraw, or suspend or revoke a registered
				  surface water withdrawer's authority to withdraw water, if the registered
				  surface water withdrawer withdraws substantially more surface water than he is
				  registered for and the withdrawals result in detrimental effects to the
				  environment or human health.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.M - TEMPORARY PERMITS AND EMERGENCY WITHDRAWALS › Section 61-119.M.1 - Temporary Permits

Current through Register Vol. 48, No. 6, June 28, 2024
a. The
				Department may issue a temporary surface water withdrawal permit to a new
				applicant while its application is pending, if:
i. a complete application has been submitted
				pursuant to section E. of this regulation; and
ii. the temporary permit is necessary to
				address an imminent hazard to public health; or,
iii. the applicant demonstrates that without
				a temporary permit he will suffer physical or financial damage.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.M - TEMPORARY PERMITS AND EMERGENCY WITHDRAWALS › Section 61-119.M.2 - Emergency Withdrawals

Current through Register Vol. 48, No. 6, June 28, 2024
a. The
				following withdrawals are exempt from the permitting, registering, and
				reporting requirements:
i.
				firefighting;
ii. hazardous
				substance or waste-spill response; and
iii. other emergency withdrawal of water
				determined necessary by the Department to protect public health and
				safety.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.N - REPORTING › Section 61-119.N.1 - Requirement to Report

Current through Register Vol. 48, No. 6, June 28, 2024
Each permitted or registered surface water withdrawer must
				  file a report with the Department of the quantity of water withdrawn by that
				  surface water withdrawer annually before February first, on forms furnished by
				  the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.N - REPORTING › Section 61-119.N.2 - Methods of Measuring Withdrawal Quantity

Current through Register Vol. 48, No. 6, June 28, 2024
The quantity of surface water withdrawn must be determined by
				  one of the following:
a. flow meters
				accurate to within ten percent of calibration;
b. the rated capacity of the pump in
				conjunction with the use of an hour meter, electric meter, or log;
c. the rated capacity of the cooling
				systems;
d. any standard or method
				employed by the USGS in determining these quantities; or
e. any other method found to provide reliable
				water withdrawal data approved by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.N - REPORTING › Section 61-119.N.3 - Reporting Exemption

Current through Register Vol. 48, No. 6, June 28, 2024
Permitted and registered surface water withdrawers who are
				  required to file a surface water withdrawal report pursuant to regulation are
				  not required to submit the report if the monthly quantity withdrawn from each
				  intake is being reported to the Department as a result of another environmental
				  program reporting requirement, permit condition, or consent
				  agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.O - ENFORCEMENT › Section 61-119.O.1 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A surface water withdrawer who commits a violation of this
				  regulation:
a. is subject to a civil
				penalty of not more than ten thousand (10,000) dollars for each day that the
				violation occurred; or
b. is guilty
				of a misdemeanor and, upon conviction, must be fined not more than ten thousand
				(10,000) dollars for each day that the violation occurred, if the violation is
				willful.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.O - ENFORCEMENT › Section 61-119.O.2 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
All penalties and fines collected pursuant to this section
				  must be deposited in the general fund of the State of South
				  Carolina.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.P - OTHER DEPARTMENT AUTHORITY › Section 61-119.P.1 - Department Authority

Current through Register Vol. 48, No. 6, June 28, 2024
a. The
				Department may, in consultation with the SCDNR, negotiate agreements, accords,
				or compacts on behalf of and in the name of the State of South Carolina with
				other states or the United States, or both, with any agency, department, or
				commission of either, or both, relating to transfers of water that impact
				waters of this State, or are connected to or flowing into waters of this State.
				Any agreements, accords, or compacts made by the Board pursuant to this section
				must be approved by concurrent resolution of the General Assembly prior to
				being implemented.
b. The
				Department may represent the State in connection with water withdrawals,
				diversions, or transfers occurring in other states that may affect this
				State.
c. The Department must
				notify the Chairman of the Senate Agriculture and Natural Resources Committee
				and the Chairman of the House Agriculture, Natural Resources, and Environmental
				Affairs Committee when the Department enters into negotiations or otherwise
				represents the State as provided in this section. The Department must
				periodically report, as necessary or upon request, to the chairmen concerning
				the progress of the negotiations or representation.
d. Department representatives may enter upon
				any land or water for the purpose of conducting investigations, examinations,
				or surveys necessary to carry out its duties and responsibilities provided in
				this regulation. The Department will adhere to security and safety requirements
				that may apply at the site and/or facility.
e. The Department may receive financial and
				technical assistance from private entities, the federal government, or another
				state agency.
f. The Department may
				take any action reasonable and necessary to enforce the provisions of this
				regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.Q - SURFACE WATER PERMITTING AND WITHDRAWAL FEES › Section 61-119.Q.1 - Fee Structure

Current through Register Vol. 48, No. 6, June 28, 2024
The Department is authorized to collect a fee for each permit
				  application and an annual operating fee for each permitted intake. The fee
				  collected must be returned to the Department for the purposes of implementing
				  the Surface Water Permitting and Withdrawal regulatory program including permit
				  application review, compliance inspections, and enforcement; and for providing
				  technical assistance and monitoring. The fee(s) shall be as follows:
Existing surface water withdrawal permit
								application processing fee
$1,000
New surface water withdrawal permit application
								processing fee
$7,500
Modification of surface water withdrawal permit
								application processing fee
$2,000
Renewal of surface water withdrawal permit with
								modifications application processing fee
$1,000
Surface water withdrawal annual operating fee per
								permitted intake
$1,000
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.Q - SURFACE WATER PERMITTING AND WITHDRAWAL FEES › Section 61-119.Q.2 - Application Processing Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
a. Application fees shall be due when the
				application is submitted. The Department will not process an application until
				the application fee is received. If the applicant withdraws the permit
				application anytime before the application has been deemed administratively
				complete, the Department shall refund the entire application fee to the
				applicant.
b. Upon receipt of an
				application and appropriate fee, the Department must within ninety (90) days
				make a decision on the completeness of the application. If notice that the
				application is administratively complete or notice that the application is not
				Administratively Complete, together with notice of the specific items deemed to
				be lacking, is not mailed to an applicant within ninety (90) working days of
				receipt of an application, the application is deemed complete and the allowed
				processing time period will begin.
c. Once an applicant has been notified that
				the application is administratively complete or has been deemed complete
				according to item 2.b above, the Department shall issue or deny the permit
				within three hundred sixty five (365) days of that date. If no permit decision
				has been rendered by the end of the relevant time period, the application fee
				shall be refunded. If an application fee is refunded due to the Department
				exceeding the relevant time period, the application remains active.
d. The time period shall be tolled in the
				following instances.
i. The time period shall
				be tolled when the Department makes a written request for additional
				information and shall resume when the Department receives all requested
				information from the applicant. If an applicant fails to respond to or satisfy
				such a request within one-hundred eighty (180) days, the Department shall
				consider the application withdrawn and the application fee will be forfeited.
				The Department shall notify the applicant no later than ten (10) days prior to
				expiration of the 180-day period.
ii. The time period shall be tolled if the
				applicant requests that the permit review be suspended or if the applicant
				requests in writing that additional time be provided and the Department agrees
				to the request in writing and specifies an additional period.
iii. The time period shall be tolled if the
				Department, at least ten (10) days prior to the expiration date, requests a
				delay in the review process to which the applicant agrees.
iv. The time period shall be tolled if the
				Department holds a public hearing, in which case the time schedule will be
				tolled for no more than sixty (60) days.
v. The Department shall notify the applicant
				when the time period is being tolled and untolled.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.Q - SURFACE WATER PERMITTING AND WITHDRAWAL FEES › Section 61-119.Q.3 - Annual Operating Fees

Current through Register Vol. 48, No. 6, June 28, 2024
a.
				Annual operating fees per permitted intake are assessed on the State fiscal
				year of July 1 through June 30 of the following year. The holder of any valid
				permit on July 1 of each year will be assessed appropriate fees for the entire
				following fiscal period. Assessment of annual operating fees will begin July 1
				following initial permit issuance.
b. Annual operating fees are due within
				thirty (30) days of billing. Unpaid fees, late fees, and returned checks are
				subject to the provisions of item Q.3.d below.
c. Unless the permittee seeks an extension of
				the time for making payment, the permittee shall make payment in full on or
				before the due date, and in the manner and form, specified in the invoice.
				Except to the extent authorized by the Department, late payment, nonpayment,
				partial payment, or failure to make payment in the specified manner and form
				shall constitute a failure by the permittee to pay the fee when due.
d. Annual operating fees remaining unpaid
				thirty (30) days after billing will be issued a late notice with no penalty
				due; however, it will contain advisement of penalty for non-payment after sixty
				(60) days. Fees remaining unpaid after sixty (60) days will be assessed a ten
				(10) percent penalty. Persons delinquent will be issued a notice of the ten
				(10) percent penalty due the Department as well as advisement of further
				penalties should fees remain unpaid. Fees remaining unpaid at the end of ninety
				(90) days will be assessed a twenty-five (25) percent penalty in addition to
				the ten (10) percent sixty (60) day penalty. The sum of both penalties may not
				exceed five thousand (5,000) dollars. Persons delinquent at the end of ninety
				(90) days under this paragraph will be notified by the Department by certified
				mail at their last known address.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.Q - SURFACE WATER PERMITTING AND WITHDRAWAL FEES › Section 61-119.Q.4 - General Fee Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
a. The Department
				will not issue new permits, modifications, revisions, or reissue a surface
				water withdrawal permit for a facility that is in default of fees due under
				this regulation.
b. All returned
				checks will be subject to a returned check fee as outlined in the DHEC
				Administrative Policy and Procedures Manual. This penalty will be in addition
				to those outlined in item Q.3.d above.
c. Failure to pay fees may result in the
				revocation of an existing permit.
d. All fees shall be payable to the
				Department of Health and Environmental Control and mailed to the Bureau of
				Finance, 2600 Bull Street, Columbia, S.C. 29201.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Section 61-119.R - COMPLIANCE WITH OTHER STATUTES AND REGULATIONS

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation shall relieve any person regulated
				herein of the duty to comply with all other applicable statutes and
				regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Section 61-119.S - SEVERABILITY CLAUSE

Current through Register Vol. 48, No. 6, June 28, 2024
If any section, subsection, item, subitem, paragraph,
				subparagraph, sentence, clause, phrase, or word of this regulation is for any
				reason held to be unconstitutional or invalid, such holding shall not affect
				the constitutionality or validity of the remaining portions of this
				regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-120 - South Carolina Immunization Registry

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose and Scope.
The purpose of this regulation is to provide rules, implementing
			 Section
			 44-29-40
			 of the S.C. Code of Laws, 1976, as amended, regarding the South Carolina
			 Immunization Registry requirements for reporting immunizations occurring in
			 South Carolina, implementation and operation of the registry, data elements to
			 be collected, content of electronic forms and reports, and the procedures for
			 disclosure of confidential registry information. This regulation will apply to
			 all healthcare providers who give immunizations in South Carolina. Nothing in
			 this regulation shall be construed to affect statutory or common law principles
			 governing the liabilities of health care providers for acts or omissions of
			 their employees, agents, or contractors. Nothing in this regulation shall be
			 construed to conflict with any state law or regulation governing immunizations
			 or to alter, add to, or eliminate any requirement of state law or regulation
			 regarding the administration of immunizations or to regulate the practice of
			 any of the health care professions.
B. Definitions.
1. AUTHORIZED USER means an employee of an
		  immunization provider who has been identified during the registration process
		  as a user of the registry.
2.
		  DEPARTMENT means the Department of Health and Environmental Control.
3. IMMUNIZATION PROVIDER means an individual
		  health care provider licensed, certified, registered, or otherwise authorized
		  by law to provide immunizations, and an organization, facility, or other entity
		  that provides immunizations through such individual providers.
4. PATIENT means an individual who receives
		  an immunization or other health care services.
5. REGISTRY means the data system for the
		  collection, storage, and dissemination of information on immunizations
		  administered in South Carolina established by the Department pursuant to
		  Section
		  44-29-40.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 100 - PURPOSE AND SCOPE, DEFINITIONS, AND REQUIREMENTS FOR LICENSURE › Section 101 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation implements the provisions of the South
				  Carolina In-Home Care Providers Act codified at Section
				  44-70-10
				  et seq., S.C. Code of Laws, 1976, as amended. This regulation will apply to all
				  in-home care providers in South Carolina.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 100 - PURPOSE AND SCOPE, DEFINITIONS, AND REQUIREMENTS FOR LICENSURE › Section 102 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of these regulations the following
				  definitions apply:
A. Administrator.
				The individual designated by the licensee to have the authority and
				responsibility to manage the in-home care provider and is in charge of all
				functions and activities of the provider.
B. Blood Assay for Mycobacterium tuberculosis
				(BAMT). A general term to refer to in vitro diagnostic tests that assess for
				the presence of tuberculosis (TB) infection with M. tuberculosis. This term
				includes, but is not limited to, interferon-gamma release assays
				(IGRA).
C. Caregiver. Individual
				employed by, contracted by, referred by, or agent of the in-home care provider
				who provides services to clients.
D. Client. A person that receives services or
				care from an in-home care provider licensed by the Department.
E. Department. The South Carolina Department
				of Health and Environmental Control.
F. Repeat Violation. The recurrence of a
				violation cited under the same section of the regulation or statute within a
				thirty-six (36) month period. The time-period determinant of repeat violation
				status is applicable in instances when there are ownership changes.
G. Responsible Party. A person who is
				authorized by law to make decisions on behalf of a client. This includes, but
				is not limited to, a court-appointed guardian, conservator, or any individual
				with health care or other durable power of attorney.
H. Revocation of License. An action by the
				Department to cancel or annul a provider's license by recalling, withdrawing,
				or rescinding the provider's authority to operate.
I. Suspension of License. An action by the
				Department requiring a provider to cease operations for a period of time or
				requiring a provider to cease admitting clients until such time as the
				Department rescinds the restriction.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 100 - PURPOSE AND SCOPE, DEFINITIONS, AND REQUIREMENTS FOR LICENSURE › Section 103 - Requirements for Licensure

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 and/or market) as an in-home care provider in South Carolina without
				first obtaining a license from the Department. When it has been determined by
				the Department that services are being provided and the owner has not been
				issued a license from the Department to provide such care services, the owner
				shall cease operation immediately and ensure the safety, health, and well-being
				of its clients. Current and/or previous violations of the S.C. Code and/or
				Department regulations may jeopardize the issuance of a license for the
				provider or the licensing of any other provider or addition to an existing
				provider which is owned and/or operated by the licensee.
B. Issuance and Terms of License.
1. The license issued by the Department shall
				be posted in a conspicuous place in a public area of the provider's business
				office or readily available to the public.
2. The issuance of a license does not
				guarantee adequacy or quality of individual services, personal safety, fire
				safety, or the well-being of any client of the provider.
3. A license is not assignable or
				transferable and is subject to suspension or 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 provider at a specific location. A license shall
				be valid for a period of time specified by the Department.
5. The issuance of a license under this
				chapter does not guarantee provision of care by the licensee that meets or
				exceeds applicable standards of care. The Department is not liable to any party
				for acts or omissions of a licensee involving or relating to provision of
				care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 200 - ENFORCEMENT › Section 201 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall utilize inspections, investigations,
				  applications, and other pertinent documentation regarding a proposed or
				  licensed provider in order to enforce this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 200 - ENFORCEMENT › Section 202 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department determines that an in-home care provider
				  is in violation of any statutory provision, rule, or regulation relating to the
				  operation or maintenance of such provider, 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 61-122 - Standards for Licensing In-Home Care Providers › Sec2 200 - ENFORCEMENT › Section 203 - Monetary Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Monetary penalties assessed by the Department must be not
				  less than one hundred dollars ($100) nor more than five thousand dollars
				  ($5,000) for each violation of any of the provisions of this regulation. Each
				  day a violation continues will be considered a subsequent
				  offense.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 300 - STAFF, CAREGIVERS, AND TRAINING REQUIREMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Before being employed as an in-home
			 caregiver by a licensed in-home care provider, a person shall undergo a
			 criminal background check as provided by S.C. Code Sections
			 44-70-60(B)
			 and
			 44-7-2910
			 and submit to a drug test as provided by S.C. Code Section
			 44-70-60(B).
B. Licensed in-home care providers and
			 individuals employed as in-home caregivers by licensed in-home care providers
			 are subject to and must pass random drug testing as provided for in S.C. Code
			 Section
			 44-70-70. The
			 provider may choose the method of random testing that most suitably meets the
			 provider's needs. The provider's policies and procedures must address random
			 drug testing and describe the procedure chosen. At a minimum, a five (5) panel
			 drug screen will be utilized that tests for cannabis, cocaine, amphetamines,
			 opiates, and phencyclidine.
C. The
			 provider shall maintain accurate information on all staff members including,
			 but not limited to, current address, phone number, training, criminal
			 background checks, and health assessments.
D. Caregivers shall receive or independently
			 obtain necessary training to perform the duties for which they are responsible.
			 Documentation of all in-service training shall be signed and dated by both the
			 individual providing the training and the individual receiving the training. A
			 signature for the individual providing the training may be omitted for
			 computer-based training. The following training shall be provided by
			 appropriate resources:
1. Basic first
			 aid;
2. Medication assistance, if
			 applicable;
3. Depending on the
			 type of clients, care services for persons specific to the physical and/or
			 mental condition of the individual, for example, Alzheimer's disease, related
			 dementia, cognitive disabilities, or similar disabilities;
4. Confidentiality of client information and
			 records and the protecting of client rights, including prevention of abuse and
			 neglect;
5. Documentation and
			 recordkeeping procedures;
6. Ethics
			 and interpersonal relationships;
7.
			 Proper lifting and transfer techniques, if applicable; and
8. Infection control techniques.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 400 - HEALTH STATUS

Current through Register Vol. 48, No. 6, June 28, 2024
A. All staff
			 members and caregivers who have contact with clients shall have a health
			 assessment within twelve (12) months prior to initial client contact. The
			 health assessment shall include tuberculosis screening in a manner prescribed
			 in the Center for Disease Control and Prevention's and the Department's most
			 current tuberculosis guidelines.
B.
			 All in-home care providers shall conduct an annual tuberculosis risk assessment
			 in the Appendix to determine the appropriateness and frequency of tuberculosis
			 screening and other tuberculosis related measures to be taken.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 500 - REPORTING › Section 501 - Incidents

Current through Register Vol. 48, No. 6, June 28, 2024
A. Serious
				incidents and/or any sudden or unexpected illness or staff member error
				resulting in death or inpatient hospitalization shall be reported immediately
				via telephone to the client's next-of-kin or responsible party.
B. A serious incident is one that results in
				death or a significant loss of function or damage to a body structure not
				related to the natural course of a client's illness or underlying condition and
				resulting from an incident that occurs during staff contact with clients. A
				serious incident shall be considered as, but is not limited to:
1. Falls or trauma resulting in fractures of
				major limbs or joints;
2. Client
				suicide;
3. Criminal events or
				assaults against clients which are reported and filed with the police;
				and/or
4. Allegations of client
				abuse, neglect, or exploitation, as defined in S.C. Code Section
				43-35-5 et
				seq., by an employee.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 500 - REPORTING › Section 502 - Provider Closure

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prior to the
				temporary closure of a provider, the Department's Bureau of Health Facilities
				Licensing shall be notified, in writing, of the intent to close and the
				effective closure date. Within ten (10) business days prior to the closure, the
				provider shall notify the Department's Bureau of Health Facilities Licensing of
				provisions for the maintenance of records, identification of clients that will
				require transfer to another provider, and date of anticipated reopening. If the
				provider closes for a period longer than one year and there is a desire to
				reopen, the provider shall re-apply to the Department for licensure and shall
				be subject to all licensing requirements at the time of application as if for a
				new provider. In the event that the license expires during the period of
				temporary closure, the licensee shall submit a license renewal application and
				licensing fee on schedule as if the provider is operating.
B. Prior to permanent closure of a provider,
				the Bureau of Health Facilities Licensing shall be notified, in writing, of the
				intent to close and effective closure date. Within ten (10) business days prior
				to the closure, the provider shall notify the Bureau of Health Facilities
				Licensing of provisions for maintenance of the records, identification of
				clients that will require transfer to another provider, and dates and amounts
				of client refunds. On the date of closure, the provider shall return the
				license to the Department's Bureau of Health Facilities Licensing.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-122 - Standards for Licensing In-Home Care Providers › Sec2 600 - 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 61-123 - Critical Congenital Heart Defects Screening on Newborns › Sec2 100 - Purpose and Scope; Definitions › Section 61-123-101 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of this regulation is to provide requirements
				  regarding screening of newborns for critical congenital heart defects.
				  Congenital heart defects are the leading cause of infant death due to birth
				  defects. Some critical congenital heart defects can cause severe and
				  life-threatening symptoms that require intervention within the first days of
				  life. Newborns with abnormal pulse oximetry screening results require immediate
				  confirmatory testing and intervention. Many newborn lives potentially could be
				  saved by earlier detection and treatment of congenital heart defects. The South
				  Carolina Birth Outcomes Initiative, established by the Department of Health and
				  Human Services to improve care and outcomes for mothers and newborns, has
				  acknowledged the value of pulse oximetry screening of newborns, and under this
				  initiative all South Carolina birthing hospitals have committed to implementing
				  this screening for newborns. The American Academy of Pediatrics, the American
				  College of Cardiology Foundation, and the American Heart Association recommend
				  pulse oximetry screening for newborns.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-123 - Critical Congenital Heart Defects Screening on Newborns › Sec2 100 - Purpose and Scope; Definitions › Section 61-123-102 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Birthing
				facility. An inpatient or ambulatory health care facility licensed by the
				Department of Health and Environmental Control that provides birthing and
				newborn care services.
B.
				Department. The South Carolina Department of Health and Environmental
				Control.
C. Department Approved
				Screening. A critical congenital heart defects screening approved by the
				Department of Health and Environmental Control as an alternative to pulse
				oximetry screening based on standards set forth by the United States Secretary
				of Health and Human Services' Advisory Committee on Heritable Disorders in
				Newborns and Children, the American Heart Association, and the American Academy
				of Pediatrics.
D. Pulse Oximetry.
				Pulse oximetry is a noninvasive test that estimates the percentage of
				hemoglobin in blood that is saturated with oxygen.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-123 - Critical Congenital Heart Defects Screening on Newborns › Sec2 200 - Screening Criteria and Procedures › Section 61-123-201 - Screening Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
Each birthing facility licensed by the Department shall
				  perform on every newborn in its care a pulse oximetry or other Department
				  approved screening to detect critical congenital heart defects when the baby is
				  twenty-four (24) to forty-eight (48) hours of age, or as late as possible if
				  the baby is discharged from the hospital before reaching twenty-four (24) hours
				  of age.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-123 - Critical Congenital Heart Defects Screening on Newborns › Sec2 200 - Screening Criteria and Procedures › Section 61-123-202 - Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. When performing
				pulse oximetry screenings, licensed facilities shall use motion-tolerant pulse
				oximeters that report functional oxygen saturation, have been validated in
				low-perfusion conditions, have been cleared by the Food and Drug Administration
				(FDA) for use in newborns, and have a two percent root-mean-square accuracy.
				Any pulse oximeter used for screening shall meet FDA recommendations.
B. If reusable probes are utilized, licensed
				facilities shall appropriately clean the probes between uses to minimize the
				risk of infection. Pulse oximeters are validated only with the specific probes
				recommended by the manufacturer; therefore, to optimize valid screening,
				licensed facilities shall use only manufacturer-recommended pulse oximeter
				probe combinations.
C. Performing a
				pulse oximetry or Department approved screening does not replace a complete
				history and physical examination.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-123 - Critical Congenital Heart Defects Screening on Newborns › Sec2 300 - Religious Objection

Current through Register Vol. 48, No. 6, June 28, 2024
If a parent or guardian of a newborn objects, in writing, to
				the screening, for reasons pertaining to religious beliefs only, the newborn is
				exempt from the screening required by Section
				44-37-70
				of the South Carolina Code of Laws of 1976, as amended.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-124 - Consumer Electronic Equipment Collection and Recovery

Current through Register Vol. 48, No. 6, June 28, 2024
A.
Purpose and Scope;
		  Applicability.
1. The South Carolina
		  Manufacturer Responsibility and Consumer Convenience Information Technology
		  Equipment Collection and Recovery Act (hereafter referred to as the Act), S.C.
		  Code Section 48-60-5 et seq., establishes requirements for the sale, management
		  and recovery of covered electronic devices, specifically for household
		  computers, printers, monitors and televisions. The purpose of this regulation
		  is to execute the provisions of the Act.
2. This regulation applies to the proper
		  management of consumer computers, printers, monitors and televisions by the
		  manufacturers, retailers, and recoverers of these devices.
3. A manufacturer of a covered device that
		  sells five hundred or fewer such devices in the State per year is exempt from
		  registration, penalty, or shortfall fees proposed in this chapter. However,
		  should a manufacturer that is exempt from registration choose to be included on
		  the Department's webpage list of manufacturers with compliant consumer
		  electronic device stewardship programs, then the manufacturer shall provide
		  details of their program for the previous year.