S.C. Code Regs. § § 93-130

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

Section 93-130 - Provisional Licenses

A. In the event of an unexpected vacancy caused by the death of an administrator, departure of an administrator, or similar event, the Board may issue a provisional license to an applicant who has met the requirements in South Carolina Code Ann. Section 40-35-40 and as provided in regulation and has paid the initial application fee, but who has not passed the examination.

B. An applicant for a provisional license shall submit a complete application. The application shall also include a letter from the owner of the facility or from an officer of the facility's board of directors, which states all of the following:

(1) Justification of the need for provisional licensure or explanation for the unexpected vacancy;

(2) The name of the desired appointed administrator;

(3) The facility name, physical address and anticipated date of administrator appointment;

C. An applicant shall remit the provisional license fee after receiving notice that the application has been approved. A letter of provisional licensure shall be issued after receipt of the fee.

D. The Department of Health and Environmental Control shall be notified of the issuance of each provisional license.

E. A provisional license will expire 90 days from issue or upon the issue of an initial license, whichever occurs first. A request for extension must be made in writing prior to the expiration date. Requests for extensions must be from the owner of the facility or from an officer of the facility's board of directors and state the following:

(1) Justification of the facility's continued absence of a non-provisional licensed administrator;

(2) Justification as to why the provisional licensed administrator has not taken the appropriate examinations or attested to additional study if the provisional licensed administrator has failed the examination; and

(3) Name and license number of the consultant administrator contracted by the facility.

F. In the event an extension is granted, the facility shall engage the services of a consultant administrator for a minimum of sixteen (16) hours per month. The consultant administrator must have a minimum of two years of experience operating a facility.

G. If the provisional licensee fails at the same required examination twice, the provisional license will be terminated at the end of the provisional license period.

H. A provisional license cannot be transferred to another individual. Once granted a provisional license, the licensee may not reapply for a provisional license for the same facility. Individual licensees are limited to two provisional license requests per licensure type. If an applicant has attained two provisional licenses for either Nursing Home Administrator or Community Residential Care Facility Administrator, they are not eligible to apply for a provisional Dual Administrator license.

I. If an applicant for provisional licensure has previously failed either the national or state examinations, the facility must engage the services of a consultant administrator for a minimum of sixteen (16) hours per month beginning the date of issuance of the provisional license.

S.C. Code Regs. § 93-130

Added by State Register Volume 7, Issue No. 4, eff April 22, 1983. Amended by State Register Volume 17, Issue No. 6, eff June 25, 1993; State Register Volume 28, Issue No. 4, eff April 23, 2004; State Register Volume 40, Issue No. 04, eff. 4/22/2016; State Register Volume 44, Issue No. 02, eff. 2/28/2020; State Register Volume 47, Issue No. 05, eff. 5/26/2023.