Current Status Introducing Body:Senate Bill Number:1240 Primary Sponsor:Bryan Committee Number:13 Type of Legislation:GB Subject:Residential care facilities, inspection reports Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:NO5/7672BDW.94 Introduced Date:19940308 Last History Body:Senate Last History Date:19940308 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1240 Senate 19940308 Introduced, read first time, 13
referred to Committee
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TO AMEND SECTION 40-35-131, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS AGAINST LICENSED NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH COPIES OF INSPECTION REPORTS MUST BE PROVIDED TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS AND FOR THE REQUIREMENTS FOR CONTINUING EDUCATION CREDITS, FURTHER INVESTIGATION, AND LICENSE SUSPENSION; TO AMEND SECTION 40-35-133, RELATING TO DISCIPLINARY SANCTIONS BY THE BOARD, SO AS TO INCLUDE CONTINUING EDUCATION CREDITS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF HEALTH CARE FACILITY LICENSES AND OTHER PENALTIES, SO AS TO INCLUDE DISCRIMINATION AGAINST A PERSON WITH DISABILITIES, REVISE RELATED REFERENCES TO ABUSERS, THE MENTALLY ILL, AND THE MENTALLY RETARDED, AND PROVIDE FOR ASSESSMENT OF PENALTIES AND ACTION REQUIRED FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 44-7-350, AS AMENDED, RELATING TO PLANS OF CARE AND CONDITIONS FOR COMMUNITY RESIDENTIAL CARE FACILITIES, SO AS TO INCLUDE AGENCIES PROVIDING SERVICES TO A CLIENT AND REVISE THE REQUIREMENTS FOR THE PLANS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-35-131 of the 1976 Code, as added by Act 605 of 1990, is amended to read:
"Section 40-35-131. (A) A person or public officer, including a board member, or an agency or association may file a complaint with the board against a licensee. The Department of Health and Environmental Control shall provide a copy of its inspection report to the board if, during an inspection of a community residential care facility, the inspector finds that the community residential care facility at which the licensee serves as an administrator has a repeat violation of the same Class I violation, two or more Class I violations in a single inspection or review, or three or more Class II violations during one inspection. The board has jurisdiction to hear all charges brought against persons licensed as nursing home or community residential care facility administrators, including licensees holding emergency licenses.
(B) When a complaint is received by the board, a committee of the board will shall conduct an initial review and an investigation, if the board determines that an investigation is necessary, and shall recommend to the board whether formal charges should must be brought against the administrator. No nursing home administrators nor consumer, sponsor, or family member of a consumer of nursing home services, may participate on the committee conducting these matters concerning a complaint against a community residential care facility administrator. No community residential care facility administrator nor consumer, sponsor, or family member of the consumer of community residential care services, may participate on the committee conducting these matters concerning a complaint against a nursing home administrator.
(C) After initial review of a complaint and recommendations from the committee are presented to the board, the board may determine that an investigation is necessary, or dismiss the complaint without investigation, or, for community residential care facility administrators, recommend to the licensee that specific continuing education credits must be completed successfully in lieu of further investigation for the licensee's first complaint. A second complaint against a community residential care facility administrator as a result of the Department of Health and Environmental Control's review or investigation as defined in subsection (A) requires an investigation and temporary suspension of the license until the investigation is completed. If an investigation is undertaken by the committee, the committee may conduct an investigatory conference to determine whether to recommend to the board that a formal charge is warranted.
(D) After completion of the investigation and consideration of the committee's recommendation, the board may bring formal charges against the licensee or dismiss the initial complaint.
(E) Nothing in this section precludes duly authorized members of the board from meeting informally with the licensee to dispose of the initial complaint with a consent order, except as defined in subsections (A) and (C) with regard to community residential care facility administrators.
(F) A licensee who is under investigation for any of the items of misconduct may voluntarily surrender his license voluntarily to the board. The voluntary surrender invalidates the license at the time of its relinquishment, and no person whose license is surrendered voluntarily may practice as a nursing home or community residential care facility administrator until the board takes action. A person practicing as a nursing home administrator or community residential care facility administrator during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license, as provided by this subsection, may must not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the board from imposing conditions on the acceptance of the proferred surrender, which the licensee shall meet before the return of his license, nor does the surrender preclude the board from taking disciplinary action under this section."
SECTION 2. Section 40-35-133 of the 1976 Code, as added by Act 605 of 1990, is amended to read:
"Section 40-35-133. Upon a determination by the board that one or more of the grounds for revocation or suspension of a license or for otherwise disciplining a licensee exist in accordance with the provisions of Section 40-35-130, the board may take any one or more of the following actions regarding the license or the licensee:
(1) issue a public or private reprimand;
(2) impose costs, not to exceed the actual costs of the board in processing the disciplinary action against the licensee, including, but not limited to, amounts expended for board members' attendance at hearings, service of papers, witness fees and expenses, and court reporter;
(3) impose a fine not to exceed two thousand dollars for each ground of revocation, suspension, or other discipline, with the total amount imposed not to exceed ten thousand dollars;
(4) place the licensee on probation for a definite or indefinite time and prescribe conditions to be met during probation;
(5) suspend the license for a definite or indefinite time, and prescribe conditions to be met before readmission to practice, which may include the successful completion of credit hours of continuing education in areas specified by the board which address the areas of concern identified by the complaint;
(6) permanently revoke the license."
SECTION 3. Section 44-7-320 of the 1976 Code, as last amended by Act 339 of 1992, is further amended to read:
"Section 44-7-320. (A)(1) The department may deny, suspend, or revoke licenses or assess a monetary penalty against a person or facility for:
(a) violating a provision of this article or departmental regulations;
(b) permitting, aiding, or abetting the commission of an unlawful act relating to the securing of a Certificate of Need or the establishment, maintenance, or operation of a facility requiring certification of need or licensure under this article;
(c) conduct or practices detrimental to the health or safety of patients, residents, clients, or employees of a facility or service. This provision does not refer to health practices authorized by law;
(d) refusing to admit and treat alcoholic and substance abusers, the mentally ill, or the mentally retarded, or discriminating against persons with a disability, as defined in the Americans with Disabilities Act, whose admission or treatment has been prescribed by a physician who is a member of the facility's medical staff; or discriminating against alcoholics, the mentally ill, or the mentally retarded solely because of the alcoholism, mental illness, or mental retardation;
(e) failing to allow a team advocacy inspection of a community residential care facility by the South Carolina Protection and Advocacy System for the Handicapped, Inc., as allowed by law.
(2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties is not limited to information relating to the current licensing year but includes consideration of all pertinent information regarding the facility and the applicant.
(3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be immediately reinstated immediately. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department may proceed with the process for permanent revocation pursuant to this section. For community residential care facilities, the department shall assess penalties as defined by regulations providing standards for licensing the facilities. However, Class I violations must be corrected immediately, and the facility reinspected within thirty days to assure correction. A Class I violation found to be repeated at the time of that review or a subsequent review during the next two years requires the department to revoke the facility's license. Two or more Class II repeat violations during a department inspection require the department to assess penalties. Class I violations and Class II repeat violations must be reported to the state's licensing authority for community residential care facilities administrators.
(B) Should If the department determine determines to assess a penalty, deny, suspend, or revoke a license, it shall send to the appropriate person or facility, by certified mail, a notice setting forth the particular reasons for the determination. The determination becomes final thirty days after the mailing of the notice, unless the person or facility, within such the thirty-day period, requests in writing a contested case hearing before the board, or its designee, pursuant to the Administrative Procedures Act. On the basis of the contested case hearing, the determination involved must be affirmed, modified, or set aside. Judicial review may be sought in accordance with the Administrative Procedures Act.
(C) The penalty imposed by the department for violation of this article or its regulations must be not less than one hundred nor more than five thousand dollars for each violation of any of the provisions of this article. Each day's violation is considered a subsequent offense.
(D) Failure to pay a penalty within thirty days is grounds for suspension, revocation, or denial of a renewal of a license. No license may be issued, reissued, or renewed until all penalties finally assessed against a person or facility have been paid.
(E) No Certificate of Need may be issued to any a person or facility until a final penalty assessed against a person or a facility has been paid.
(F) All penalties collected pursuant to this article must be deposited in the state treasury and credited to the general fund of the State."
SECTION 4. Section 44-7-350 of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:
"Section 44-7-350. The agency placing a client or providing services to a client in a community residential care facility shall develop an individual plan of care in cooperation with the provider and the client. The placing agency placing or providing services shall monitor the plan to the extent considered appropriate by the placement agency at least annually and must be available to review and revise the plan if requested by the client or the community residential care facility administrator.
Prior to Before a community residential care facility being is licensed for operation in an area which is outside incorporated areas of a county, the following conditions must be met:
(1) The governing body for the area must be given notice of the proposed location.
(2) Where the governing body objects to the proposed site for the facility, the arbitration procedures set forth in Act 449 of 1978 must be employed."
SECTION 5. This act takes effect upon approval by the Governor.