This regulation implements the provisions of the South Carolina In-Home Care Providers Act codified at

Section 44-70-10 et seq., S.C. Code of Laws, 1976, as amended. This regulation will apply to all in-home

care providers in South Carolina.

For the purposes of these regulations the following definitions apply:

but is not limited to, interferon-gamma release assays (IGRA).

C. Caregiver. Individual employed by, contracted by, referred by, or agent of the in-home care provider

who provides services to clients.

D. Client. A person that receives services or care from an in-home care provider licensed by the

Department.

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

includes, but is not limited to, a court-appointed guardian, conservator, or any individual with health care

H. Revocation of License. An action by the Department to cancel or annul a provider’s license by

recalling, withdrawing, or rescinding the provider’s authority to operate.

I. Suspension of License. An action by the Department requiring a provider to cease operations for a

period of time or requiring a provider to cease admitting clients until such time as the Department rescinds

the restriction.

B. Issuance and Terms of License.

1. The license issued by the Department shall be posted in a conspicuous place in a public area of the

provider’s business office or readily available to the public.

2. The issuance of a license does not guarantee adequacy or quality of individual services, personal

safety, fire safety, or the well-being of any client of the provider.

3. A license is not assignable or transferable and is subject to suspension or revocation at any time by

meets or exceeds applicable standards of care. The Department is not liable to any party for acts or

omissions of a licensee involving or relating to provision of care.

C. Provider Name. No proposed provider shall be named, nor shall any existing provider have its name

changed to, the same or similar name as any other provider licensed in South Carolina. The Department

shall determine if names are similar. If a provider is part of a franchise with multiple locations, the provider

must include the geographic area in which it is located as part of its name.

D. Application. Applicants for a license shall submit to the Department a complete and accurate

application on a form or by electronic means, as prescribed by the Department prior to initial licensing and

different from that of the provider, and the names of the persons in control of the provider. The Department

these regulations. When submitting an application for an initial or renewal license, the provider shall include

evidence of:

1. Either liability insurance coverage or, in lieu of liability insurance coverage, a surety bond. The

provider shall maintain such coverage for the duration of the license period. The minimum amount of

coverage is one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars

($300,000) aggregate;

2. Indemnity coverage to compensate clients for injuries and losses resulting from services provided;

and

renewal shall be eight hundred dollars ($800). Such fees shall be made payable by check or credit card to

the Department and is not refundable. If the application is denied, a portion of the fee may be refunded

based upon the remaining months of the licensure year.

F. Late Fee. The Department may order an entity to cease operations upon license expiration. Failure to

submit a renewal application or fee within thirty (30) days of the expiration of a license may result in a late

fee of twenty-five (25) percent of the licensing fee amount, in addition to the licensing fee. Continual failure

to submit completed and accurate renewal applications and/or fees by the time period specified by the

Department may result in an enforcement action, including revocation.

1. Prior to reinstatement of a suspended license, the licensee shall submit a reinstatement fee of four

hundred dollars ($400).

2. Prior to reinstatement of a revoked license, the licensee must apply for a license as provided for in

Section 103 of this regulation along with the initial licensing fee. Any time remaining from the revoked

license is forfeited.

H. Change of License.

1. A provider shall request issuance of an amended license by application to the Department prior to

application or by letter from the licensee to the Department.

3. An amendment fee of fifty dollars ($50) is required for each amendment.

I. Exceptions to Licensing Standards. The Department has the authority to make exceptions to these

standards where it is determined that the health, safety, and well-being of the clients are not compromised,

and provided the standard is not specifically required by statute.

J. The in-home care provider shall ensure that it is accessible in person, by phone, or page during the

hours of 9:00 A.M. to 5:00 P.M., Monday through Friday, except for those holidays recognized by the State

regarding a proposed or licensed provider in order to enforce this regulation.

When the Department determines that an in-home care provider is in violation of any statutory provision,

rule, or regulation relating to the operation or maintenance of such provider, the Department, upon proper

notice to the licensee, may impose a monetary penalty, deny, suspend, or revoke licenses.

A. Before being employed as an in-home caregiver by a licensed in-home care provider, a person shall

undergo a criminal background check as provided by S.C. Code Sections 44-70-60(B) and 44-7-2910 and

submit to a drug test as provided by S.C. Code Section 44-70-60(B).

B. Licensed in-home care providers and individuals employed as in-home caregivers by licensed in- home

care providers are subject to and must pass random drug testing as provided for in S.C. Code Section 44-

70-70. The provider may choose the method of random testing that most suitably meets the provider’s

needs. The provider’s policies and procedures must address random drug testing and describe the procedure

chosen. At a minimum, a five (5) panel drug screen will be utilized that tests for cannabis, cocaine,

amphetamines, opiates, and phencyclidine.

they are responsible. Documentation of all in-service training shall be signed and dated by both the

providing the training may be omitted for computer-based training. The following training shall be provided

by appropriate resources:

1. Basic first aid;

2. Medication assistance, if applicable;

3. Depending on the type of clients, care services for persons specific to the physical and/or mental

similar disabilities;

7. Proper lifting and transfer techniques, if applicable; and

8. Infection control techniques.

E. Minimum qualifications for caregivers.

A caregiver must:

1. Be able to read, write, and communicate effectively with client and supervisor;

by verifying the official highway department driving record of the employed individual. A copy of the

driving record must be maintained in the caregiver’s file;

5. Be at least eighteen (18) years of age;

6. Not have prior convictions or have pled no contest (nolo contendere) to crimes related to theft,

abuse, neglect, or exploitation of a child or a vulnerable adult as defined in S.C. Code Section 43-35-10 et

seq., for child or adult abuse, neglect or mistreatment, or a criminal offense similar in nature to the crimes

listed in this subsection. The provider shall coordinate with appropriate abuse-related registries prior to the

employment of staff or the contracting with or referral of caregivers to ensure compliance with this

ensure compliance with this provision.

A. All staff members and caregivers who have contact with clients shall have a health assessment within

twelve (12) months prior to initial client contact. The health assessment shall include tuberculosis screening

current tuberculosis guidelines.

B. All in-home care providers shall conduct an annual tuberculosis risk assessment in the Appendix to

determine the appropriateness and frequency of tuberculosis screening and other tuberculosis related

measures to be taken.

responsible party.

B. A serious incident is one that results in death or a significant loss of function or damage to a body

incident that occurs during staff contact with clients. A serious incident shall be considered as, but is not

limited to:

1. Falls or trauma resulting in fractures of major limbs or joints;

2. Client suicide;

C. The Department’s Bureau of Health Facilities Licensing shall be notified in writing within three (3)

days of the occurrence of a serious incident.

D. Reports submitted to the Department shall contain at a minimum: provider name, client age and sex,

date of incident, location, witness name(s), extent and type of injury and how treated, for example,

hospitalization, cause of incident, internal investigation results if applicable, identity of other agencies

notified of incident and the date of any such report(s).

E. The provider shall report any allegation of abuse, neglect, or exploitation of clients to the Adult

Protective Services Program in the Department of Social Services in accordance with S.C. Code Section

shall be notified, in writing, of the intent to close and the effective closure date. Within ten (10) business

of provisions for the maintenance of records, identification of clients that will require transfer to another

provider, and date of anticipated reopening. If the provider closes for a period longer than one year and

there is a desire to reopen, the provider shall re-apply to the Department for licensure and shall be subject

to all licensing requirements at the time of application as if for a new provider. In the event that the license

expires during the period of temporary closure, the licensee shall submit a license renewal application and

licensing fee on schedule as if the provider is operating.

B. Prior to permanent closure of a provider, the Bureau of Health Facilities Licensing shall be notified,

in writing, of the intent to close and effective closure date. Within ten (10) business days prior to the closure,

the provider shall notify the Bureau of Health Facilities Licensing of provisions for maintenance of the

these regulations, and they shall remain in effect as if such invalid portions were not originally a part of

these regulations.

Conditions arising which have not been addressed in these regulations shall be managed in accordance with

the best practices as determined by the Department. These regulations do not create a duty on the part of

the State of South Carolina or the South Carolina Department of Health and Environmental Control

independent or in addition to any other duty otherwise prescribed by law.

more than one type of setting shall apply this worksheet to each setting.

Contact the Department of Health and Environmental Control’s TB control program to obtain

epidemiologic data necessary to conduct the TB risk assessment.

Provider: ____________________________________________________________________________

Number of Clients: ____________________________________________________________________

Address: ____________________________________________________________________________

Date completed: __________________________

1. Number of TB cases identified in provider staff, caregivers under contract or otherwise eligible for

referral, and clients combined in the past year? (Check only one box)

No cases within the last 12 months.

Less than 3 cases identified in the past year.

3 or more cases identified in the past year.