S.C. Code Regs. § § 61-112.5

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

Section 61-112.5 - Use of Real Property

A. Use of Health Care Facilities

i. Coordination of assets

Upon declaration of a Public Health Emergency DHEC may require health care facilities to provide current information on patient census, available patient beds, and potential expansion capacity. Potential expansion capacity shall include vacant beds, rooms constructed but not placed into operation in accordance with a Certificate of Need, and rooms which could be adapted for multiple occupancy pursuant to subsection ii below. Health care facilities shall include such potential expansion capacity as separate line items in reports submitted for inclusion in the Regional Mass Casualty Response Plans. The means of reporting bed availability, facility problems, emergency department diversion, hospital pharmaceutical supplies, equipment, decontamination capability and other information necessary to coordinate a regional mass casualty response will be determined by DHEC and may include software or web page reporting mechanisms in current use and provided by DHEC. Hospitals may be required to report information with a predetermined frequency, or as requested within each hospital preparedness planning district.

ii. Suspension of hospital licensure requirements

Upon declaration of a state of Public Health Emergency, DHEC may by order suspend for the duration of the PHE so much of Regulations61-15 and 61-16 as (1) restricts use of unlicensed beds or space; (2) restricts the conversion of single and double occupancy patient rooms to higher capacity (consistent with medically appropriate criteria); or (3) restricts establishment of wards, dormitories, or other spaces not designated as patient rooms.

B. Use of other real property

i. Upon declaration of a Public Health Emergency, DHEC may identify and notify public and private facilities to include but not be limited to hospitals, clinics, emergency medical services, outpatient treatment facilities, mortuaries, laboratories, and refrigerated storage facilities, that use of such facilities will be needed for the duration of the PHE to protect the public health.

ii. Operation of such facilities by the owners and operators is preferred. However, upon refusal by the owners or operators, or upon refusal to respond to DHEC's notification within a reasonable time not to exceed forty-eight hours, DHEC may apply for an ex parte court order authorizing DHEC, or its designee, to enter into said facility and take control for purposes of responding to the Public Health Emergency. Upon presentation, any public safety agency may execute such order. DHEC may apply for any such order to provide that designees operating facilities pursuant to court order shall be held harmless as to the owners or operators. After notice and opportunity for a hearing, DHEC may apply for an order continuing the ex parte order and setting the compensation, if any, due the owners and operators for such period of displacement.

C. Decontamination and sealing

i. DHEC may order decontamination of facilities to prevent the transmission of communicable diseases or to remove or neutralize biological, chemical, or radiological contaminants; such orders may include standard infection control techniques or other specific techniques as appropriate. DHEC may order decontamination of part or all of a facility or may order the sealing of part or all of a facility in lieu of decontamination. Sealed facilities shall be flagged or placarded in accordance with Regulation Regulation 61-20, Section6; Regulation Regulation 61-20, Sections8 and 9 apply.

ii. Orders requiring the sealing of facilities shall be reviewed regularly on a schedule commensurate with the nature of the contaminant, the scope and extent of the Public Health Emergency, and available resources.

S.C. Code Regs. § 61-112.5