S.C. Code Regs. § § 61-75.100.102

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

Section 61-75.100.102 - Licensure. (II)

A. License. No person, private or public organization, political subdivision, or governmental agency shall establish, operate, maintain, represent, advertise, or market itself as a Day Care Facility for Adults in South Carolina without first obtaining and possessing a License from the Department. The Facility shall not enroll Participants prior to the effective date of the License. When it has been determined by the Department that treatment, care, or services are being provided at a location, and the owner has not been issued a License from the Department to provide such treatment, care, and services, the owner shall cease operation immediately and ensure the safety, health, and well-being of the Participants. Current or previous violations of South Carolina Code of Laws or Department regulations may jeopardize the issuance of a License for the Facility or the licensing of any other Facility, or addition to an existing Facility that is owned and/or operated by the Licensee. The Facility shall provide only the treatment, care, and services it is licensed to provide pursuant to the definition in Section 101.J. (I)

B. Compliance. An applicant shall not receive an initial License for a proposed Facility unless the applicant demonstrates to the Department that the proposed Facility is in substantial compliance with Department licensing standards. In the event a Licensee who already has a Facility or activity licensed by the Department makes application for another Facility or an increase in licensed Participants, the currently licensed Facility or activity shall be in substantial compliance with the applicable licensing standards prior to receiving a License for the proposed Facility or an amended License to the existing Facility. The Facility shall maintain a paper or electronic copy of the licensing standards at the Facility accessible to all Staff members and Volunteers. Facilities shall comply with applicable local, state, and federal laws, codes, and regulations.

C. Licensed Services. Facilities authorized to provide services to a set number of Participants, as identified on the face of the License, shall not exceed the number of Participants identified on the face of the License. Facilities shall obtain authorization from the Department prior to establishing new care or services or occupying additional or renovated space. (I)

D. Issuance and Terms of License.

1. The Facility shall post the License in a conspicuous place in a public area within the Facility.

2. The issuance of a License does not guarantee adequacy of individual care, services, personal safety, fire safety, or the well-being of any Participant or occupant of a Facility.

3. A License is not assignable or transferable and is subject to revocation at any time by the Department for the Licensee's failure to comply with the laws and regulations of this state.

4. A License shall be effective for a specified Facility at a specific location for a specified period following the date of issue as determined by the Department. A License shall remain in effect until the Department notifies the Licensee of a change in that status.

5. Facilities owned by the same entity but which are not located on the same adjoining or contiguous property shall be separately licensed. Roads or local streets, except limited access, shall not be considered as dividing otherwise adjoining or contiguous property. For Facilities owned by the same entity, separate Licenses are not required for separate buildings on the same or adjoining grounds where a single level or type of care is provided.

6. Multiple types of Facilities on the same premises shall be licensed separately even though owned by the same entity.

E. Facility Name. No proposed Facility shall be named nor shall any existing Facility have its name changed to the same or similar name as any other Facility licensed in South Carolina. If the Facility is part of a "chain operation" it shall then have the geographic area in which it is located as part of its name.

F. Application. Applicants for a License shall submit to the Department a completed and accurate application on a form prescribed and furnished by the Department prior to initial licensing and periodically thereafter at intervals determined by the Department. The application shall be signed by the owner(s) if an individual or partnership; by two (2) officers if a corporation; or by the head of the governmental department having jurisdiction if a governmental unit. Corporations or limited partnerships, limited liability companies, or any other organized business entity shall be registered with the South Carolina Secretary of State's Office if required to do so by state law.

G. Required Documentation. The application for initial licensure shall include:

1. The full name and address of the proposed Facility and the owner, and the names of the persons in control of the Facility. The Department may require additional information, including affirmative evidence of the applicant's ability to comply with this regulation;

2. The applicant's oath assuring that the contents of the application are accurate and true, and that the applicant will comply with this regulation;

3. Proof of ownership of real property in which the Facility is located, or lease agreement allowing the Licensee to occupy the real property in which the Facility is located;

4. Verification of Administrator's qualifications; and

5. Number of Participants.

H. Licensing Fees. Each applicant shall pay a License fee prior to the issuance of a License. The fee for the initial License shall be three dollars ($3.00) for each Participant. The fee for an increase in the number of Participants for which the Facility is licensed shall be three dollars ($3.00) for each Participant. The License renewal fee shall be three dollars ($3.00) per Participant, based upon average Participant census number. The License renewal fees shall also include any outstanding Inspection fees. All fees are non-refundable, shall be made payable by check or credit card to the Department or a secured portal or specific website, and shall be submitted with the application.

I. Licensing Late Fee. Failure to submit a renewal application and fee to the Department by the License expiration date shall result in a late fee of seventy-five dollars ($75.00) or twenty-five percent (25%) of the License fee amount, whichever is greater, in addition to the License fee. Failure to submit the License fee and License late fee to the Department within thirty (30) calendar days of the License expiration date shall render the Facility unlicensed.

J. License Renewal. For a License to be renewed, the applicant shall file an application with the Department, shall pay the License renewal fee, and shall not have pending enforcement actions by the Department. If the License renewal is delayed due to enforcement actions, the License renewal shall be issued only when the matter has been resolved satisfactorily by the Department, or when the adjudicatory process is completed, whichever is applicable.

K. Amended License. The Facility shall request issuance of an amended License by application to the Department prior to any of the following circumstances:

1. Change of Facility location from one geographic site to another;

2. Change of Facility's name or address; or

3. Change in licensed number of Participants.

L. Change of Licensee. The Facility shall request issuance of a new License by application to the Department prior to any of the following circumstances:

1. A change in the controlling interest even if, in the case of a corporation or partnership, the legal entity retains its identity and name; or

2. A change of the legal entity, for example, sole proprietorship to or from a corporation, partnership to or from a corporation, even if the controlling interest does not change.

M. Variance. The Facility may request a variance to this regulation in a format as determined by the Department. Variances shall be considered on a case-by-case basis by the Department. The Department may revoke issued variances as it determines appropriate.

S.C. Code Regs. § 61-75.100.102

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