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RECALLED
April 3, 2002
S. 1142
S. Printed 4/3/02--H.
Read the first time April 2, 2002.
TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The regulations of the Department of Health and Environmental Control, relating to Standards for Licensing Hospices, designated as Regulation Document Number 2660, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
The South Carolina General Assembly enacted changes in the S.C. Code of Laws, Section 44-71-10, et seq, effective May 1, 2000, to provide for the regulation of hospice facilities. Pursuant to the Act, this revised regulation will establish standards for the inspection and licensing of hospice facilities.
The Notice of Drafting for this amendment was published in the State Register on February 23, 2001.
Discussion of Regulation Revision
Part I - Applicable to Hospice Programs and Hospice Facilities
SECTION 100 includes definitions, references, and licensing requirements.
SECTION 200 addresses methods used in enforcing regulations, i.e., investigations, inspections, and consultations.
SECTION 300 references the types of enforcement actions that may be taken by the Department, the classifications of violations, range of penalty amounts, and the appeal process.
SECTION 400 includes requirements that the agency maintain policies and procedures that include descriptions of how the standards in this regulation will be achieved.
SECTION 500 addresses general staff requirements including staff training, qualifications, and numbers to comply with applicable federal, state, and local laws and in accordance with professional organizational standards; requirements that direct care staff have no prior conviction of child/adult abuse, neglect, exploitation, or mistreatment; and staff health status.
SECTION 600 provides reporting requirements to the Department.
SECTION 700 addresses patient record content and maintenance.
SECTION 800 includes admission/retention information.
SECTION 900 provides requirements for care, treatment, and services to patients.
SECTION 1000 includes facility identification of patient rights and assurances.
SECTION 1100 addresses patient physical assessment.
SECTION 1200 addresses infection control including staff practices which promote the prevention of the spread of infectious, contagious disease, and tuberculin skin testing, per Center for Disease Control and Prevention (CDC) and the Department's TB Control requirements, and the handling of infectious waste.
SECTION 1300 addresses agreements for services.
SECTION 1400 addresses the quality improvement program.
PART II contains standards applicable to hospice facilities
SECTION 1500 addresses medication management, i.e., administration, storage.
SECTION 1600 addresses meal service.
SECTION 1700 emergency procedures/disaster preparedness.
SECTION 1800 addresses fire prevention includes fire prevention, i.e., arrangements for fire department response/protection, tests and inspections, fire drills.
SECTION 1900 addresses maintenance.
SECTION 2000 describes the requirements for environment, i.e., housekeeping, pets, and clean/soiled linen and clothing.
SECTION 2100 addresses design and construction.
SECTION 2200 addresses construction requirements.
SECTION 2300 includes hazardous elements of construction.
SECTION 2400 addresses fire protection equipment and systems.
SECTION 2500 addresses exits.
SECTION 2600 includes water supply/hygiene.
SECTION 2700 addresses electrical.
SECTION 2800 addresses heating, ventilation, and air conditioning.
SECTION 2900 addresses specifics for the physical plant, i.e., patient rooms and floor area, bathrooms/restrooms, work station, doors, elevators, corridors, ramps, screens, telephone service, handrails/guardrails, landings, windows, janitor's closet, storage areas, location, and outdoor area.
SECTION 3000 includes a severability clause which indicates that if a court of competent jurisdiction determines that part of the regulation is invalid or otherwise unenforceable then the remainder of the regulation will not be affected and will still be in force.
SECTION 3100 includes "general" that refers to any conditions that have not been addressed in the regulation.
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