Bill 963

                    Current Status

Bill Number:                    963
Ratification Number:            357
Act Number:                     303
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19980128
Primary Sponsor:                J. Verne Smith
All Sponsors:                   J. Verne Smith, Alexander,
                                Branton, Courson, Elliott, Fair, Giese,
                                Glover, Hayes, Holland, Hutto, Jackson,
                                Land, Lander, Matthews, Mescher, Moore,
                                O'Dell, Passailaigue, Patterson,
                                Ravenel, Reese,  Short, Leventis 
Drafted Document Number:        kgh\15353ac.98
Companion Bill Number:          4364
Date Bill Passed both Bodies:   19980515
Date of Last Amendment:         19980312
Governor's Action:              S
Date of Governor's Action:      19980527
Subject:                        Certificate of Need Program,
                                kidney disease, hemodialysis centers;
                                Medical, Health Department, methadone
                                treatment

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980611  Act No. A303
------  19980527  Signed by Governor
------  19980521  Ratified R357
House   19980515  Read third time, enrolled for
                  ratification
House   19980514  Read second time, unanimous
                  consent for third reading on
                  Friday, 19980515
House   19980513  Debate adjourned until
                  Thursday, 19980514
House   19980512  Debate adjourned until
                  Wednesday, 19980513
House   19980507  Debate adjourned until
                  Tuesday, 19980512
House   19980505  Debate adjourned until
                  Thursday, 19980507
House   19980430  Debate adjourned until
                  Tuesday, 19980505
House   19980429  Debate adjourned until
                  Thurday, 19980430
Senate  19980428  Debate adjourned until
                  Wednesday, 19980429
House   19980422  Committee report: Favorable              27 H3M
House   19980317  Introduced, read first time,             27 H3M
                  referred to Committee
Senate  19980312  Amended, read third time,
                  sent to House
Senate  19980217  Read second time
Senate  19980212  Committee report: Favorable              13 SMA
Senate  19980128  Introduced, read first time,             13 SMA
                  referred to Committee

(A303, R357, S963)

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.