South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-13 - Standards for Licensing Habilitation Centers for Persons with Intellectual Disability or Persons with Related Conditions › Sec2 61-13.400 - ENFORCEMENT ACTIONS › Section 61-13.400.402 - 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 and safety of the persons in the facility or a substantial probability
				that death or serious physical harm could result therefrom. A physical
				condition, 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 this time may 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 may 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 may
				be considered a subsequent violation.
D. Class I and II violations are indicated by
				notation after each applicable section, as "(I)" or "(II)." Sections not
				annotated in that manner denote Class III violations. A classification at the
				beginning of a section and/or subsection applies to all subsections following,
				unless otherwise indicated.
E. In
				arriving at a decision to take enforcement action, the Department will consider
				the following factors: specific conditions and their impact or potential impact
				on the health, safety, or well-being of the clients; efforts by the facility to
				correct cited violations; behavior of the licensee that reflects negatively on
				the licensee's character, such as illegal or illicit activities; overall
				conditions of the facility; history of compliance; any other pertinent
				conditions that may be applicable to current statutes and regulations including
				participating in, or offering, or implying an offer to participate in the
				practice generally known as rebates, kickbacks, or fee-splitting arrangements.
				(I)
F. When a decision is made to
				impose monetary penalties, the Department may utilize the following schedule as
				a guide to determine the dollar amount:
Frequency of violation of standard within a thirty-six
				  (36) month period:
MONETARY PENALTY RANGES
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$200-1000
$100-500
$100
2nd
500-2000
200-1000
100-500
3rd
1000-5000
500-2000
200-1000
4th
5000
1000-5000
500-2000
5th
5000
5000
1000-5000
6th and more
5000
5000
5000