61-125.102 - Licensure. (II)
A. License . No person,
private or public organization, political subdivision, or governmental agency shall
establish, operate, maintain, or represent itself (advertise or market) as a crisis
stabilization unit facility in South Carolina without first obtaining a license from
the Department . The facility shall not admit patients 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 patients. Current or previous violations of the S.C. Code 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 which 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.L of this regulation. (I)
B.
Compliance. An initial license shall not be issued to a proposed facility until the
licensee has demonstrated to the Department that the proposed facility is in
substantial compliance with the licensing standards. In the event a licensee who
already has a facility or activity licensed by the Department makes application for
another facility or increase in licensed bed capacity, the currently licensed
facility or activity shall be in substantial compliance with the applicable
standards prior to the Department issuing a license to the proposed facility or
amended license to the existing facility. A copy of the licensing standards shall be
maintained at the facility and accessible to all staff members and volunteers.
Facilities shall comply with applicable local, State, and Federal laws, codes, and
regulations.
C. Licensed Bed Capacity.
No facility that has been authorized to provide a set number of licensed beds, as
identified on the face of the license , shall exceed the bed capacity. No facility
shall establish new care or services or occupy additional beds or renovated space
without first obtaining authorization from the Department . Licensed beds shall not
be utilized by any individuals other than facility patients.
D. Issuance and Terms of License .
1. The license issued by the Department shall be
posted 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 patient 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.
F. Application. Applicants for
a license shall submit to the Department a complete 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 include both the applicant's oath assuring that the contents of the
application are accurate and true, and that the applicant will comply with this
regulation. 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. The application
shall set forth the full name and address of the facility for which the license is
sought and of the owner in the event his or her address is different from that of
the facility, 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 these regulations. Corporations or limited
partnerships, limited liability companies or any other organized business entity
shall be registered with the S.C. Secretary of State's Office if required to do so
by state law. (II)
G. Required
Documentation. The application for initial licensure shall include:
1. Completed application;
2. Proof of ownership of real property in which
the facility is located, or a rental or lease agreement allowing the licensee to
occupy the real property in which the facility is located;
3. Proof the facility is operated by the SCDMH or
operated in partnership with the SCDMH;
4. Business license (where applicable);
5. Zoning letter (where applicable);
6. Verification of emergency evacuation plan (see
Section 1400); and
7. Verification of
administrator 's qualifications.
H. Licensing Fees. Each applicant shall pay a
license fee prior to the issuance of a license . The annual license fee shall be ten
dollars ($10.00) per licensed bed or seventy-five dollars ($75.00), whichever is
greater. Annual licensing 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 online, and shall be submitted with the application. (II)
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
licensing fee amount, whichever is greater, in addition to the licensing fee.
Failure to submit the licensing fee and licensing late fee to the Department within
thirty (30) days of the license expiration date shall render the facility
unlicensed. (II)
J. License Renewal. For
a license to be renewed, applicants shall file an application with the Department ,
shall pay the license fee, and shall not have pending enforcement actions by the
Department . If the license renewal is delayed due to enforcement actions, the
renewal license shall be issued only when the matter has been resolved
satisfactorily by the Department , or when the adjudicatory process is completed,
whichever is applicable. Annual license fees shall also include any outstanding
inspection fees.
K. Amended License . A
facility shall request issuance of an amended license by application to the
Department prior to any of the following circumstances:
1. Change of licensed bed capacity;
2. Change of facility location from one geographic
site to another; or
3. Changes in
facility name or address (as notified by the post office).
L. Change of Licensee . A 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. Exceptions to Licensing Standards. The
Department has the authority to make exceptions to these standards where the
Department determines the health, safety, and well-being of the patients are not
compromised, and provided the standard is not specifically required by
statute.
Notes
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