Bill 1106

                    Current Status

Introducing Body:               Senate
Bill Number:                    1106
Ratification Number:            380
Act Number:                     339
Primary Sponsor:                Bryan
Type of Legislation:            GB
Subject:                        Health care facility, license
                                suspension
Companion Bill Number:          4102
Date Bill Passed both Bodies:   Apr 14, 1992
Computer Document Number:       BR1/1900.AC
Governor's Action:              S
Date of Governor's Action:      May 04, 1992
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         Apr 08, 1992
Last History Body:              ------
Last History Date:              May 04, 1992
Last History Type:              Act No. 339
Scope of Legislation:           Statewide
All Sponsors:                   Bryan
                                Peeler
                                Fielding
                                Hinds
                                Rose
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1106  ------  May 04, 1992  Act No. 339
 1106  ------  May 04, 1992  Signed by Governor
 1106  ------  Apr 28, 1992  Ratified R 380
 1106  Senate  Apr 14, 1992  Concurred in House amendment,
                             enrolled for ratification
 1106  House   Apr 09, 1992  Read third time, returned to
                             Senate with amendment
 1106  House   Apr 08, 1992  Amended, read second time
 1106  House   Mar 25, 1992  Recalled from Committee         27
 1106  House   Mar 17, 1992  Introduced, read first time,    27
                             referred to Committee
 1106  Senate  Mar 13, 1992  Read third time, sent to House
 1106  Senate  Mar 12, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Friday, March 13,
                             1992
 1106  Senate  Mar 10, 1992  Committee Report: Favorable     13
 1106  Senate  Jan 14, 1992  Introduced, read first time,    13
                             referred to Committee
 1106  Senate  Nov 25, 1991  Prefiled, referred to           13
                             Committee

(A339, R380, S1106)

AN ACT TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY, AND TO PROVIDE FOR A PRELIMINARY HEARING AND PROCEDURES FOR REINSTATEMENT OF THE LICENSE.

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

License immediately suspended where safety of residents threatened

SECTION 1. Section 44-7-320(A) of the 1976 Code, as last amended by Act 377 of 1990, is further amended by adding:

"(3) If in the department's judgment conditions or practices exist in a facility that pose an immediate threat to the health, safety, and welfare of the residents, the department immediately may suspend the facility's license and shall contact the appropriate agencies for placement of the residents. Within five days of the suspension a preliminary hearing must be held to determine if the immediate threatening conditions or practices continue to exist. If they do not, the license must be immediately reinstated. Whether the license is reinstated or suspension remains due to the immediate threatening conditions or practices, the department may proceed with the process for permanent revocation pursuant to this section."

Time effective

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

Approved the 4th day of May, 1992.