Terms Used In South Carolina Code > Title 47 > Chapter 22 - Rendering of Livestock and Poultry Raw Material

• Affected person: means the applicant, a person residing within the geographic area served or to be served by the applicant, persons located in the health service area in which the project is to be located and who provide similar services to the proposed project, persons who before receipt by the department of the proposal being reviewed have formally indicated an intention to provide similar services in the future, persons who pay for health services in the health service area in which the project is to be located and who have notified the department of their interest in Certificate of Need applications, the State Consumer Advocate, and the State Ombudsman. See South Carolina Code 44-7-130
• Affected persons: means a health care provider or purchaser:
  
  (a) who provides or purchases the same or similar health care services in the geographic area served or to be served by the applicants for a certificate of public advantage: or
  
  (b) who has notified the department of his interest in applications for certificates of public advantage and has a direct economic interest in the decision. See South Carolina Code 44-7-510
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Certificate of public advantage: means the formal approval, including any conditions or modifications, by the department of a contract, business or financial arrangement, or other activities or practices between two or more health providers, health provider networks, or health care purchasers that might be construed to be violations of state or federal antitrust laws. See South Carolina Code 44-7-510
• Commission: means the State Livestock-Poultry Health Commission. See South Carolina Code 47-22-20
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative agreement: means an agreement between two health providers, health provider networks, or purchasers or among more than two health care providers, health provider networks, or purchasers for the sharing, allocation, or referral of patients or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment, or other health care services traditionally offered by health care facilities or other health care providers or the acquisition or merger of assets among or by two or more health providers, health provider networks, or health care purchasers, provided the agreement does not involve price-fixing or predatory pricing or illegal tying arrangements. See South Carolina Code 44-7-510
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-510
• Director: means the Director, Division of Livestock-Poultry Heath Programs, Clemson University. See South Carolina Code 47-22-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Livestock-Poultry Health Programs at Clemson University and its agents, employees, and officials. See South Carolina Code 47-22-20
• Federal or state antitrust laws: means a federal or state law prohibiting monopolies or agreements in restraint of trade, including the Federal Sherman Act and Clayton Act, the Federal Trade Commission Act, and Chapters 3 and 5 of Title 39 of the 1976 Code. See South Carolina Code 44-7-510
• Health care provider: means a health care professional licensed, certified, or registered under the laws of this State, an organization licensed pursuant to § 44-69-30 or § 44-71-30, or a facility licensed pursuant to § 44-7-260 or § 44-89-40 to provide health care services or any other person as defined in § 44-7-130(15) who provides health services in a freestanding or mobile facility. See South Carolina Code 44-7-510
• Health care purchaser: means a person or organization that purchases health care services on behalf of an identified group of persons, regardless of whether the cost of coverage of services is paid for by the purchaser or by the person receiving coverage or services including, but not limited to:
  
  (a) health insurers as defined by § 38-71-920;
  
  (b) employee health plans offered by self-insured employers;
  
  (c) group health coverage offered by fraternal organizations, professional associations, or other organizations;
  
  (d) state and federal health care programs; and
  
  (e) state and local public employee health plans. See South Carolina Code 44-7-510
• Health provider networks: means an organization of health care providers which offers health services to residents of this State. See South Carolina Code 44-7-510
• Hospital: means a facility that is organized and administered to provide overnight medical or surgical care or nursing care for an illness, injury, or infirmity and must provide on-campus emergency services; that may provide obstetrical care; and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy. See South Carolina Code 44-7-130
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Livestock: means all classes and breeds of animals, domesticated or feral. See South Carolina Code 47-22-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means official authorization to engage in a specified activity. See South Carolina Code 47-22-20
• Person: means an individual, a trust or estate, a partnership, a corporation including an association, joint stock company, insurance company, and a health maintenance organization, a health care facility, a state, a political subdivision, or an instrumentality including a municipal corporation of a state, or any legal entity recognized by the State. See South Carolina Code 44-7-130
• Poultry: means all avian species including wildfowl and domestic fowl. See South Carolina Code 47-22-20
• Raw material: means livestock or poultry carcasses and inedible parts thereof, fats, oils, and other inedible animal byproducts, and used fats and oils collected from restaurants. See South Carolina Code 47-22-20
• Rendering operation: means the processing of all or part of the inedible portions of livestock or poultry carcasses and other raw material, and includes the collection and transportation of raw material for the purpose of processing. See South Carolina Code 47-22-20
• Rendering plant: means a building or buildings in which raw material is processed, and includes the premises upon which buildings used in connection with processing are located. See South Carolina Code 47-22-20
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transfer center: means a facility where raw materials are collected for loading into approved vehicles for delivery to a rendering plant. See South Carolina Code 47-22-20
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.