South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.300 - ENFORCEMENT ACTIONS › Section 61-84.300.302 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violations of standards in this regulation are classified as
				  follows:
A. Class I violations are
				those that the Department determines to present an imminent danger to the
				health, safety, or well-being of the persons in the facility or a substantial
				probability that death or serious physical harm could result therefrom. A
				physical condition or one or more practices, means, methods or operations in
				use in a facility may constitute such a violation. The condition or practice
				constituting a Class I violation shall be abated or eliminated immediately
				unless a fixed period of time, as stipulated by the Department, is required for
				correction. Each day such violation exists after expiration of the time
				established by the Department shall be considered a subsequent
				violation.
B. Class II violations
				are those, other than Class I violations, that the Department determines to
				have a negative impact on the health, safety or well-being of persons in the
				facility. The citation of a Class II violation shall specify the time within
				which the violation is required to be corrected. Each day such violation exists
				after expiration of this time shall be considered a subsequent
				violation.
C. Class III violations
				are those that are not classified as Class I or II in these regulations or
				those that are against the best practices as interpreted by the Department. The
				citation of a Class III violation shall specify the time within which the
				violation is required to be corrected. Each day such violation exists after
				expiration of this time shall be considered a subsequent violation.
D. The notations, "(I)" or "(II)" placed
				within sections of this regulation, indicate those standards are considered
				Class I or II violations if they are not met, respectively. Failure to meet
				standards not so annotated are considered Class III violations.
E. In determining an enforcement action the
				Department shall consider the following factors:
1. Specific conditions and their impact or
				potential impact on health, safety or well-being of the residents including,
				but not limited to: deficiencies in medication management, such as evidence
				that residents are not routinely receiving their prescribed medications;
				serious waste water problems, such as toilets not operating or open sewage
				covering the grounds; housekeeping/maintenance/fire and life safety-related
				problems that pose a health threat to the residents; power/water/gas or other
				utility and/or service outages; residents exposed to air temperature extremes
				that jeopardize their health; unsafe condition of the building/structure such
				as a roof in danger of collapse; indictment of an administrator for malfeasance
				or a felony, which by its nature, such as drug dealing, indicates a threat to
				the residents; direct evidence of abuse, neglect, or exploitation; lack of food
				or evidence that the residents are not being fed properly; no staff available
				at the facility with residents present; unsafe procedures/treatment being
				practiced by staff; (I)
2.
				Repeated failure of the licensee/facility to pay assessed charges for utilities
				and/or services resulting in repeated or ongoing threats to terminate the
				contracted utilities and/or services. (II)
3. Efforts by the facility to correct cited
				violations;
4. Overall conditions
				of the facility;
5. History of
				compliance; and
6. Any other
				pertinent conditions that may be applicable to current statutes and
				regulations.