S.C. Code Regs. § § 61-91.300.302
Current through Register Vol. 48, 12, December 27, 2024
Section 61-91.300.302 - Violation ClassificationsViolations 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 persons in the facility 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 in a facility 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 persons in the facility. 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, respectively. 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 facility 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 following schedule shall be used as a guide to determine the dollar amount: Frequency of violation of standard within a 36-month period:
MONETARY PENALTY RANGES |
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 | 10,000 | 7,500 | 5,000 |
G. Any enforcement action taken by the Department may be appealed in a manner pursuant to the Administrative Procedures Act, 1976 Code Section 1-23-310, et seq.S.C. Code Regs. § 61-91.300.302
Amended by State Register Volume 39, Issue No. 06, eff. 6/26/2015; State Register Volume 48, Issue No. 06, eff. 6/28/2024.