S.C. Code Regs. § 88-440

Current through Register Vol. 48, No. 34, August 23, 2024

Section 88-440 - Records

A. Administrative: The following records will be maintained in accordance with Department policies and shall be readily available for review:

(1) Individual personnel records on each staff member or contracted employee which contain:

(a) Tuberculosis Screening and Testing in accordance with current recommendations from the Centers for Disease Control;

(b) Signed application form or other statement of educational history and employment history;

(c) Job description;

(d) Criminal background checks in accordance with state and federal laws and per Department policies; and

(e) References from past employment, if applicable.

(2) Written policies on:

(a) Access to, duplication of, and dissemination of information from Participants records or about a Participant;

(b) The Prohibition of the use of physical, mechanical, or chemical restraint unless used in accordance with Department policy;

(c) The prohibition of corporal punishment;

(d) The prohibition of isolation rooms;

(e) Retention of records;

(f) Use of volunteers;

(g) Program evaluation;

(h) Administration and discharge of Participants;

(i) Admission and discharge of Participants;

(j) Personnel practices;

(k) Procedures to be followed when a Participant is discovered to be missing;

(l) Prohibition of abuse, neglect, and exploitation which also includes reports of any and all abuse, neglect, and exploitation to appropriate state agencies and to the Department;

(m) Reporting of Critical Incidents consistent with Department policy; and

(n) The termination of Participants from a Service which includes:

(i) A list of reasons for dismissal; and

(ii) Methods of averting the termination.

(3) Participant: A record shall be maintained for each Participant which contains, at a minimum, the items listed below. All documents and entries shall be legible, dated, and signed by the person making the entry. All records shall be securely maintained and in compliance with the US Health Insurance Portability Accountability Act (HIPAA).

(a) Current Plan as required by R.88-435 A.;

(b) Documentation and/or data to support the implementation of the Plan and reimbursement for Services rendered;

(c) Record of unusual behavior incidents which are recorded at the time of occurrence;

(d) Authorization for emergency medical services; and

(e) Record of critical incidents.

(4) Maintenance of Records: After a Participant's discharge or dismissal from a service program, or the Participant's death, the Participant's records shall be retained and disposed of in accordance with Department policy.

(5) Monthly summary notations of progress;

S.C. Code Regs. 88-440

Amended by State Register Volume 48, Issue No. 05, eff. 5/24/2024.

CODE COMMISSIONER'S NOTE

Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mental retardation" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded." At the Code Commissioner's discretion, the substitution was not made for the formal reference to the South Carolina Department of Mental Retardation in this regulation.