The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:

(1) license application and renewal procedures;

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In South Carolina Code 44-70-40

  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-70-20
  • In-home care: means care:

    (a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;

    (b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and

    (c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel. See South Carolina Code 44-70-20

(2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure;

(3) drug testing of licensure applicants;

(4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;

(5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;

(6) criteria that a licensee’s employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases;

(7) standards for liability and other appropriate insurance coverage; and

(8) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to § 44-1-60.