Bill 4271

                    Current Status

Bill Number:               4271
Ratification Number:       416
Act Number                 377
Introducing Body:          House
Subject:                   Team advocacy inspection

(A377, R416, H4271)

AN ACT TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, AND REVOCATION OF A CERTIFICATE OF NEED AND PENALTIES, SO AS TO PROVIDE FOR ACTION TO BE TAKEN AGAINST A PERSON OR FACILITY FOR FAILING TO ALLOW A TEAM ADVOCACY INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

Be it enacted by the General Assembly of the State of South Carolina:

Team advocacy inspection

SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:

"(A) (1) The department may deny, suspend, or revoke licenses or assess a monetary penalty against a person or facility for:

(a) violating a provision of this article or departmental regulations;

(b) permitting, aiding, or abetting the commission of an unlawful act relating to the securing of a Certificate of Need or the establishment, maintenance, or operation of a facility requiring certification of need or licensure under this article;

(c) conduct or practices detrimental to the health or safety of patients, residents, clients, or employees of a facility or service. This provision does not refer to health practices authorized by law;

(d) refusing to admit and treat alcoholic and substance abusers, the mentally ill, or the mentally retarded, whose admission or treatment has been prescribed by a physician who is a member of the facility's medical staff; or discriminating against alcoholics, the mentally ill, or the mentally retarded solely because of the alcoholism, mental illness, or mental retardation;

(e) failing to allow a team advocacy inspection of a community residential care facility by the South Carolina Protection and Advocacy System for the Handicapped, Inc., as allowed by law.

(2) Consideration to deny, suspend, or revoke licenses or assess monetary penalties is not limited to information relating to the current licensing year but includes consideration of all pertinent information regarding the facility and the applicant."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 19th day of March, 1990.