S.C. Code Regs. § § 93-70

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

Section 93-70 - Additional combination of education and experience acceptable by the Board; Criminal Background Check; Completion of probation or parole

A. In addition to the requirements in South Carolina Code Ann. Section 40-35-40, the following combination of education and experience shall be acceptable for consideration:

(1) For a nursing home administrator, validation by the NAB as meeting the minimum education and experience requirements to be a qualified HSE.

(2) For a community residential care facility administrator:

(a) a South Carolina licensed nursing home administrator that has been a practicing nursing home administrator for two or more years shall not be required to have on-site work experience at a community residential care facility under the supervision of a licensed community residential care facility administrator; or

(b) validation by NAB as meeting the minimum education and experience requirements to be a qualified HSE.

B. A person applying to become an administrator of a facility licensed under this article including, but not limited to, nursing homes and community residential care facilities shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine state criminal history and a federal fingerprint review to be conducted by the Federal Bureau of Investigation to determine other criminal history. If a fee is charged by the Federal Bureau of Investigation for the fingerprint review, it must be paid by the person applying for administrator. Where facility licensees are governmental agencies, the criminal background check must be obtained on the individual who is the administrator of the governmental facility. The Board may deny an application for licensure where the results of the check meet the misconduct provisions of these regulations.

C. Any applicant who has been declared ineligible to take the examination shall be given written notification by the Board of the disqualification, the reasons for the disqualification, and written notification of the right to a hearing.

D. If an applicant has been convicted of a felony or misdemeanor involving moral turpitude by any state or federal court of competent jurisdiction thereof, the applicant may not be permitted to take the examination for licensure. If the applicant submits to the Board a copy of the certificate of pardon granted by the board of parole that indicates, among other things, that the applicant has completed all sentences including all periods of probation or parole, the Board may consider this document in its review of prior criminal convictions. In the case of a conviction in any jurisdiction wherein the laws do not provide for a certificate of pardon, an equivalent written statement or document may be submitted.

S.C. Code Regs. § 93-70

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 24, Issue No. 7, eff July 28, 2000; 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 44, Issue No. 06, eff. 6/26/2020; State Register Volume 47, Issue No. 05, eff. 5/26/2023.