S*0963(Rat #0357, Act #0303 of 1998)  General Bill, By J.V. Smith, Alexander, 
Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, 
Land, Lander, Leventis, Matthews, Mescher, Moore, O'Dell, Passailaigue, 
Patterson, Ravenel, Reese and Short

Similar(H 4364, H 4523)
 A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH
 FACILITY LICENSURE ACT, SO AS TO INCLUDE METHADONE TREATMENT FACILITIES IN THE
 DEFINITION OF "HEALTH CARE FACILITY" AND TO DELETE KIDNEY DISEASE TREATMENT
 CENTERS AND HEMODIALYSIS CENTERS FROM THAT DEFINITION; TO AMEND SECTION
 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED
 PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS AND TO CLARIFY THE
 EDUCATIONAL AND PENAL INSTITUTION EXEMPTION; AND TO AMEND SECTION 44-7-210, AS
 AMENDED, RELATING TO THE CERTIFICATION OF NEED APPLICATION PROCESS, SO AS TO
 PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM APPROVING A
 CERTIFICATE OF NEED FOR A METHADONE TREATMENT FACILITY UNTIL LICENSURE
 STANDARDS FOR SUCH FACILITIES ARE PROMULGATED.-AMENDED TITLE

   01/28/98  Senate Introduced and read first time SJ-6
   01/28/98  Senate Referred to Committee on Medical Affairs SJ-6
   02/12/98  Senate Committee report: Favorable Medical Affairs SJ-10
   02/17/98  Senate Read second time SJ-83
   03/12/98  Senate Amended SJ-12
   03/12/98  Senate Read third time and sent to House SJ-12
   03/17/98  House  Introduced and read first time HJ-7
   03/17/98  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-7
   04/22/98  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   04/28/98  House  Debate adjourned until Wednesday, April 29, 1998 HJ-22
   04/29/98  House  Debate adjourned HJ-18
   04/29/98  House  Debate adjourned until Thursday, April 30, 1998 HJ-35
   04/30/98  House  Debate adjourned until Tuesday, May 5, 1998 HJ-11
   05/05/98  House  Debate adjourned until Thursday, May 7, 1998 HJ-16
   05/07/98  House  Debate adjourned until Tuesday, May 12, 1998 HJ-8
   05/12/98  House  Debate adjourned until Wednesday, May 13, 1998 HJ-14
   05/13/98  House  Debate adjourned HJ-15
   05/13/98  House  Debate adjourned until Thursday, May 14, 1998 HJ-47
   05/14/98  House  Read second time HJ-15
   05/14/98  House  Unanimous consent for third reading on next
                     legislative day HJ-16
   05/15/98  House  Read third time and enrolled HJ-2
   05/21/98         Ratified R 357
   05/27/98         Signed By Governor
   05/27/98         Effective date 05/27/98
   06/10/98         Copies available
   06/10/98         Act No. 303

AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE METHADONE TREATMENT FACILITIES IN THE DEFINITION OF HEALTH CARE FACILITY AND TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THAT DEFINITION; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS AND TO CLARIFY THE EDUCATIONAL AND PENAL INSTITUTION EXEMPTION; AND TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION PROCESS, SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM APPROVING A CERTIFICATE OF NEED FOR A METHADONE TREATMENT FACILITY UNTIL LICENSURE STANDARDS FOR SUCH FACILITIES ARE PROMULGATED.

Be it enacted by the General Assembly of the State of South Carolina:

Definition revised

SECTION 1. Section 44-7-130(10) of the 1976 Code, as last amended by Act 511 of 1992, is further 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, rehabilitation facilities, residential treatment facilities for children and adolescents, habilitation centers for mentally retarded persons or persons with related conditions, and any other facility for which Certificate of Need review is required by federal law."

Exemption added

SECTION 2. Section 44-7-170(B) of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding an appropriately numbered item at the end to read:

"(6) kidney disease treatment centers including, but not limited to, free standing hemodialysis centers and renal dialysis centers."

Exemption revised

SECTION 3. Section 44-7-170(B)(3) of the 1976 Code, as last amended by Act 511 of 1992, is further amended to read:

"(3) educational and penal institutions maintaining infirmaries for the exclusive use of student bodies and inmate populations;"

Issuance of methadone treatment facility certificate of need contingent upon promulgation of licensure standards

SECTION 4. Section 44-7-210 of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding at the end:

"(F) The department may not issue a Certificate of Need approval for a methadone treatment facility until licensure standards are promulgated by the department, in accordance with the Administrative Procedures Act, for these facilities. The department shall convene a study group to revise and propose licensure standards for methadone clinics. The study group shall consist of representatives of the department, the Department of Alcohol and Other Drug Abuse Services, methadone providers in South Carolina, and the Medical University of South Carolina. The licensure standards shall include standards for location of these facilities within the community. Methadone treatment facilities licensed as of January 1, 1997, must not be required to obtain a Certificate of Need pursuant to this section."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 27th day of May, 1998.