S.C. Code Regs. § § 61-75.100.101

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-75.100.101 - Definitions

A. Abuse. Physical Abuse or Psychological Abuse.

1. Physical Abuse. The act of intentionally inflicting or allowing to be inflicted physical injury on a Participant by an act or failure to act. Physical Abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery, use of Medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical Abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other Authorized Healthcare Provider or that is part of a written plan of care by a physician or other Authorized Healthcare Provider is not considered Physical Abuse. Physical Abuse does not include altercations or acts of assault between Participants.

2. Psychological Abuse. The deliberate use of any oral, written, or gestured language or depiction that includes disparaging or derogatory terms to a Participant or within the Participant's hearing distance, regardless of the Participant's age, ability to comprehend, or disability, including threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.

B. Administrator. The individual responsible for the day-to-day management of the Day Care Facility for Adults.

C. Adult. A person eighteen (18) years of age or older.

D. Adult Day Care Services. Activities and therapies offered in a Day Care Facility for Adults through an Individual Plan of Care which sets forth measurable goals or behaviorally stated objectives, with such services being designed to activate, motivate, and retrain impaired or other categories of Adults to enable them to sustain or regain functional independence and promote community integration.

E. Annual. A time period that requires an activity to be performed at least every twelve (12) months.

F. Authorized Healthcare Provider. An individual authorized by law and currently licensed in South Carolina as a physician, advanced practice registered nurse, or physician assistant to provide specific treatments, care, or services to Participants.

G. Blood Assay for Mycobacterium tuberculosis. A general term to refer to in vitro diagnostic tests that assess for the presence of tuberculosis infection with Mycobacterium tuberculosis. This term includes, but is not limited to, interferon gamma release assays.

H. Consultation. A meeting with a licensed Facility and individuals authorized by the Department to provide information to Facilities in order to enable Facilities to better comply with the regulation.

I. Controlled Substance. A Medication or other substance included in Schedule I, II, III, IV, and V of the Federal Controlled Substances Act or the South Carolina Controlled Substances Act.

J. Day Care Facility for Adults (Facility). A facility for Adults, which offers in a group setting a program of individual and group activities and therapies. The program is directed toward providing community-based day care services for those Adults in need of a supportive setting, thereby preventing unnecessary institutionalization. The program shall provide a minimum of four (4) and a maximum of fourteen (14) hours of operation a day.

K. Department. The South Carolina Department of Health and Environmental Control.

L. Direct Care Staff. Those individuals who are employees (full- and part-time) of the Facility providing direct care and services to the Participants, and those individuals contracted to provide care and services to Participants.

M. Discharge. The point at which treatment, care, and services in a Facility are terminated and the Facility no longer maintains active responsibility for the care of the Participant.

N. Elopement. An instance when a Participant who is physically, mentally, or chemically impaired wanders, walks, runs away, escapes, or otherwise leaves the Facility unsupervised or unnoticed.

O. Exploitation.

1. Causing or requiring a Participant to engage in activity or labor that is improper, unlawful, or against the reasonable and rational wishes of the Participant;

2. An improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a Participant by an individual for the profit or advantage of that individual or another individual; or

3. Causing a Participant to purchase goods or services for the profit or advantage of the seller or another individual through undue influence, harassment, duress, force, coercion, or swindling by overreaching, cheating, or defrauding the Participant through cunning arts or devices that delude the Participant and cause him or her to lose money or other property.

4. Exploitation does not include requiring a Participant to participate in an activity or labor that is a part of a written plan of care or prescribed or authorized by the Participant's attending physician.

P. Health Assessment. An evaluation of the health status of a Staff member and/or Volunteer by a physician, other Authorized Healthcare Provider, or a registered nurse. A registered nurse may complete the Health Assessment pursuant to standing orders approved by a physician as evidenced by the physician's signature. The standing orders shall be reviewed Annually by the physician, with a copy of the review maintained at the Facility.

Q. Incident. An unusual, unexpected adverse event in the Facility or on Facility grounds, including any accidents, that could potentially cause harm, injury, or death to Participants or Staff members.

R. Individual Plan of Care (IPC). A documented regimen of appropriate care and services or written action plan prepared by the Facility for each Participant based on the Participant's needs and preferences and which is to be implemented for the benefit of the Participant.

S. Inspection. A visit by the Department for the purpose of determining compliance with this regulation.

T. Investigation. A visit by Department representatives to a licensed Facility or unlicensed entity for the purpose of determining the validity of allegations received by the Department relating to statutory and regulatory compliance.

U. License. The authorization to operate a Facility as defined in this regulation and as evidenced by a current certificate issued by the Department to a Facility.

V. Licensee. The individual, organization, or public entity that has received a License to provide care and services at the Facility and with whom rests the ultimate responsibility for compliance with the current regulation.

W. Neglect. The failure or omission of a Direct Care Staff member or direct care Volunteer to provide the care, goods, or services necessary to maintain the health or safety of a Participant including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services. Failure to provide adequate supervision resulting in harm to Participants, including altercations or acts of assault between Participants, may constitute Neglect. Neglect may be repeated conduct or a single Incident that has produced or could result in physical or psychological harm or substantial risk of death. Noncompliance with regulatory standards alone does not constitute Neglect.

X. Participant. An Adult who is receiving services in a Day Care Facility for Adults.

Y. Physical Examination. An examination of a Participant by a physician or other Authorized Healthcare Provider which addresses those issues identified in Section 1100 of this regulation.

Z. Prescription Medication. A drug that is required by any applicable federal or state law to be dispensed pursuant only to a Prescription Medication order or is restricted to use by Physicians or other Authorized Healthcare Providers only.

AA. Responsible Party. A Participant's legal guardian, committee, next of kin, or other person acting as agent of the Participant who does not have a legally appointed guardian.

BB. Revocation of License. An action by the Department to cancel or annul a Facility License by recalling, withdrawing, or rescinding its authority to operate.

CC. Sponsor. A person, company, institution, group, or organization that assumes responsibility, advocates, and/or pays for care and services for the Participant.

DD. Staff. Those individuals who are employees (full- and part-time) of the Facility, to include those individuals contracted to provide care and services for the Participants.

EE. Suspension of License. An action by the Department requiring a Facility to cease operations for a period of time or to require a Facility to cease admitting Participants, until such time as the Department rescinds that restriction.

FF. Variance. A variance is an alternative method that ensures the equivalent level of compliance with the standards in this regulation.

GG. Volunteer. An individual who performs tasks that are associated with the operation of the Facility without pay and at the direction of the Administrator or his or her designee.

S.C. Code Regs. § 61-75.100.101

Added by State Register Volume 39, Issue No. 06, eff. 6/26/2015; State Register Volume 46, Issue No. 03, eff. 3/25/2022.