S.C. Code Regs. § § 61-20.2

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-20.2 - Disease Reporting

A. The Department shall publish in January of each year, and may amend as often during each year as needed, an Official List of Reportable Conditions for which known or suspected Cases are to be reported to the Department. All physicians and healthcare practitioners, all healthcare institutions, facilities and providers, all coroners and medical examiners, all designated reporting coordinators, and all laboratories in or out of South Carolina, shall report to the Department all known or suspected Cases of Reportable Conditions occurring in South Carolina and shall do so in accordance with the timeframes, form and manner set forth in the Official List of Reportable Conditions.

B. Failure to report known or suspected Cases to the Department in accordance with Subsection (A) above may result in criminal or civil penalties as provided by South Carolina law and at the Department's discretion. Factors to be considered by the Department when assessing penalties will include, but not be limited to:

(1) The reason for the failure to report;

(2) Whether the failure to report was discovered by the Department or self-reported by the reporter;

(3) Whether the failure to report was intentional or willful;

(4) Prior measures taken by the reporter to ensure compliance with reporting requirements, including training and the implementation of policies and procedures.

C. To encourage reporting, any person or entity required to report under Subsection (A) above that fails to do so may notify the Department of the failure without risk of criminal or civil penalties, provided all of the following criteria are met:

(1) There is no record with the Department of the reporter having previously failed to report a known or suspected Case or Cases as required or of having previously utilized this subsection to avoid criminal or civil penalties;

(2) The reporter has not intentionally or willfully failed to report;

(3) The reporter makes a full disclosure to the Department of all previously unreported Cases;

(4) The reporter agrees to make its records open to the Department for review at the Department's discretion; and

(5) The reporter agrees to remedial measures, including training and the implementation of policies and procedures, to ensure compliance with reporting requirements going forward.

S.C. Code Regs. § 61-20.2

Replace and amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016.