South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.100 - DEFINITIONS AND LICENSE REQUIREMENTS › Section 61-84.100.103 - 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
				(advertise/market) as a community residential care facility in S.C. 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 or more adults 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/previous violations of the
				S.C. Code 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/operated by the licensee. The facility
				shall provide only the care/services it is licensed to provide pursuant to the
				definitions in Sections 101.L and 101.LL 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/activity licensed by the Department makes application for another
				facility or increase in licensed bed capacity, the currently licensed
				facility/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/volunteers. 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 this regulation, 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/services or occupy additional
				beds or renovated space without first obtaining authorization from the
				Department. Beds for use of staff members/volunteers are not included in the
				licensed bed capacity number, provided such beds and locations are so
				identified and used exclusively by staff members/volunteers. (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 cases 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. Living Quarters for Staff Members. In
				addition to residents, only staff members, volunteers, or owners of the
				facility and members of the owner's immediate family may reside in facilities
				licensed under this regulation. Resident rooms shall not be utilized by any
				individuals other than facility residents, nor shall bedrooms of staff
				members/family members of the owner or the licensee be utilized by residents.
				Staff members/family members of the owner or licensee/volunteers shall not use
				resident living rooms, recreational areas or dining rooms unless they are on
				duty.
G. 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 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(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 which are not located on the same
				adjoining or contiguous property shall be separately licensed. Roads or local
				streets, except limited access,
e.g.
, 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 though owned by the same entity.
7. Facilities may furnish respite care
				provided compliance with the standards of this regulation are met.