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H. 4194
STATUS INFORMATION
General Bill
Sponsors: Rep. McLeod
Document Path: l:\council\bills\nbd\11863ac05.doc
Introduced in the House on May 24, 2005
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Health care facilities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/24/2005 House Introduced and read first time HJ-217
5/24/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-218
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF HEALTH FACILITIES, SO AS TO DELETE THE DEFINITION OF "CHIROPRACTIC INPATIENT FACILITY", TO REVISE THE DEFINITIONS OF "HEALTH CARE FACILITY" AND "HOSPITAL", AND TO DEFINE "BIRTHING CENTER"; TO AMEND SECTION 44-7-170, RELATING TO EXEMPTIONS FROM THE LICENSURE AND REGULATION OF HEALTH FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-7-260, RELATING TO THE REQUIREMENTS FOR LICENSURE OF HEALTH FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTIONS 44-7-270 AND 44-7-280, BOTH RELATING TO HEALTH FACILITY LICENSURE, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO VARY LICENSURE PERIODS AND TO CHARGE AN ADDITIONAL AMOUNT TO COVER THE COST OF FACILITY INSPECTIONS; TO ADD SECTION 44-7-295, SO AS TO AUTHORIZE THE DEPARTMENT TO CONDUCT INSPECTIONS AND COPY RECORDS OF HEALTH FACILITIES TO ASCERTAIN STATUTORY COMPLIANCE; TO AMEND SECTION 44-7-315, RELATING TO INFORMATION OBTAINED BY THE DEPARTMENT WHEN CONDUCTING INSPECTIONS OF HEALTH FACILITIES, SO AS TO PROVIDE THAT SUCH INSPECTIONS INCLUDE INSPECTIONS OF ACTIVITIES LICENSED BY THE DEPARTMENT, TO MAKE TECHNICAL CORRECTIONS, AND TO DELETE REFERENCES TO GROUP HOMES; AND TO AMEND SECTION 44-7-320, RELATING TO SANCTIONS THAT THE DEPARTMENT MAY IMPOSE FOR VIOLATIONS OF HEALTH FACILITY LICENSURE AND REGULATION REQUIREMENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO BOTH SANCTION A LICENSEE AND TO IMPOSE A MONETARY PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-130(4) of the 1976 Code is amended to read:
"(4) 'Chiropractic inpatient facility' means a facility organized and administered to provide overnight care for patients requiring chiropractic services, including vertebral sublaxation, analysis, and adjustment. Reserved"
SECTION 2. Section 44-7-130(10) and (12) of the 1976 Code is amended to read:
"(10) 'Health care facility' means acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, methadone treatment facilities, tuberculosis hospitals, nursing homes, ambulatory surgical facilities, hospice facilities, radiation therapy facilities, rehabilitation facilities, residential treatment facilities for children and adolescents, habilitation centers for mentally retarded persons or persons with related conditions, intermediate care facilities for the mentally retarded, and any other facility for which Certificate of Need review is required by federal law.
(12) 'Hospital' means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care over a period exceeding twenty-four hours, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy.
Hospital may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities which are licensed by the Department of Social Services."
SECTION 3. Section 44-7-130 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) 'Birthing center' means a facility or other place where human births are planned to occur. This does not include the usual residence of the mother or any facility that is licensed as a hospital or the private practice of a physician who attends the birth."
SECTION 4. Section 44-7-170(B)(2) of the 1976 Code is amended to read:
"(2) facilities owned and operated by the State South Carolina Department of Mental Health and the South Carolina Department of Mental Retardation Disabilities and Special Needs, except an addition of one or more beds to the total number of beds of the departments' health care facilities existing on July 1, 1988;"
SECTION 5. Section 44-7-260(A)(5) and (11) of the 1976 Code are amended to read:
"(5) chiropractic inpatient facilities; Reserved
(11) habilitation centers for the mentally retarded or persons with related conditions intermediate care facilities for the mentally retarded."
SECTION 6. Section 44-7-260(A) is amended by adding an appropriately numbered item at the end to read:
"( ) birthing centers."
SECTION 7. Section 44-7-270 of the 1976 Code is amended to read:
"Section 44-7-270. Applicants for a license shall file annually, or at such other frequency prescribed by regulation, applications under oath with the department upon prescribed forms. An application must be signed by the owner, if an individual or a partnership, or in the case of a corporation by two of its officers, or in the case of a government unit by the head of the governmental department having jurisdiction over it. The application must set forth the full name and address of the facility for which the license is sought and, as applicable, the full name and address of the owner, the names of the persons in control, and additional information as the department may require, including affirmative evidence of ability to comply with standards and regulations adopted by the department. Each applicant shall pay an annual a license fee prior to issuance of a license as established by regulation. The department may charge an additional amount if necessary to cover the cost of inspections."
SECTION 8. Section 44-7-280 of the 1976 Code is amended to read:
"Section 44-7-280. Licenses issued pursuant to this article expire one year after date of issuance or annually upon uniform dates, or as otherwise prescribed by regulation. Licenses must be issued only for the premises and persons named in the application and are not transferable or assignable. Licenses must be posted in a conspicuous place on the licensed premises."
SECTION 9. Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-295. The department is authorized to enter at all times in or on the property of any facility or service, whether public or private, licensed by the department or unlicensed, for the purpose of inspecting and investigating conditions relating to a violation of this article or regulations of the department. The department's authorized agents may examine and copy any records or memoranda pertaining to the operation of a licensed or unlicensed facility or service to determine compliance with this article. However, if such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to obtain a warrant to enter and inspect the property and its records from the magistrate from the jurisdiction in which the property is located. The magistrate may issue these warrants upon a proper showing of the need for entry and inspection. The department shall furnish a written copy of the results of the inspection or investigation to the owner or operator of the property."
SECTION 10. Section 44-7-315 of the 1976 Code is amended to read:
"Section 44-7-315. Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility or activity licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or activity or home, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded, or a group home. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for the mentally retarded, or a group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant."
SECTION 11. That portion of Section 44-7-320(A)(1) before the colon is amended to read:
"The department may deny, suspend, or revoke licenses or assess a monetary penalty against a person or facility, or both, for:"
SECTION 12. Section 44-7-320(A)(2) of the 1976 Code is amended to read:
"(2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties, or both, is not limited to information relating to the current licensing year period but includes consideration of all pertinent information regarding the facility and the applicant."
SECTION 13. This act takes effect upon approval by the Governor.
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