S.C. Code Regs. § § 61-108.300.302

Current through Register Vol. 48, 12, December 27, 2024

Section 61-108.300.302 - Violation Classifications

Violations of standards in this regulation are classified as follows:

A. Class I violations are those that the Department determines to present an imminent danger to the health, safety, or well-being of the patients for whom the equipment is used or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods or operations in use may constitute such a violation. The condition or practice constituting a Class I violation shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the Department, is required for correction. Each day such violation exists after expiration of this time established by the Department may be considered a subsequent violation.

B. Class II violations are those, other than Class I violations, that the Department determines to have a negative impact on the health, safety, or well-being of patients for whom equipment is used. The citation of a Class II violation may specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time may be considered a subsequent violation.

C. Class III violations are those that are not classified as Class I or II in these regulations or those that are against the best practices as interpreted by the Department. The citation of a Class III violation may specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time may be considered a subsequent violation.

D. The notations "(I)" or "(II)", placed within sections of this regulation indicate that those standards are considered Class I or II violations if they are not met. Failure to meet standards not so annotated are considered Class III violations.

E. In arriving at a decision to take enforcement actions, the Department shall consider the following factors: specific conditions and their impact or potential impact on health, safety, or well-being of the patients; efforts by the licensee to correct cited violations; behavior of the licensee that reflects negatively on the licensee's character, such as illegal or illicit activities; overall conditions; history of compliance; and any other pertinent factors that may be applicable to current statutes and regulations.

F. When a decision is made to impose monetary penalties, the Department may invoke S.C. Code Ann. Section 44-7-320(C) (1976, as amended), to determine the dollar amount or may utilize the following schedule:

Frequency of violation of standard within a 36-month period:

MONETARY PENALTY ACTIONS

FREQUENCY	CLASS I	CLASS II	CLASS III
1st	$500 - 1,500	$300 - 800	$100 - 300
2nd	1,000 - 3,000	500 - 1,500	300 - 800
3rd	2,000 - 5,000	1,000 - 3,000	500 - 1,500
4th	5,000	2,000 - 5,000	1,000 - 3,000
5th	7,500	5,000	2,000 - 5,000
6th and more	10,000	7,500	5,000

G. Any enforcement action taken by the Department may be appealed pursuant to the Administrative Procedures Act, S.C. Code Ann. Section 1-23-310 (1976, as amended).

S.C. Code Regs. § 61-108.300.302

Added by State Register Volume 28, Issue No. 5, eff May 28, 2004.