§ 40-35-20 — Definitions.

South Carolina § 40-35-20

• Jurisdiction: South Carolina
• Title 40: PROFESSIONS AND OCCUPATIONS
• Ch. 35: LONG TERM HEALTH CARE ADMINISTRATORS

Text

As used in this chapter: (1) "Accredited college or university" means a college or university whose accreditation is recognized by the Council on Higher Education Accreditation and the United States Department of Education. (2) "Board" means the South Carolina Board of Long Term Health Care Administrators. (3) "Community residential care facility" or "CRCF" means a facility defined for licensing purposes under law or pursuant to regulations for community residential care facilities by the Department of Health and Environmental Control, whether proprietary or nonprofit. (4) "Community residential care facility administrator" or "CRCFA" means a person who has attained the required education and experience, is otherwise qualified, has been issued a license by the board, and is eligible to administer, manage, supervise, or be in administrative charge of a community residential care facility. (5) "Consumer" means a person who is or has been a resident of a nursing home or community residential care facility. (6) "Department" means the Department of Labor, Licensing and Regulation. (7) "Habilitation center for persons with intellectual disability or persons with related conditions" means a facility which is licensed by the Department of Health and Environmental Control and that serves four or more persons with intellectual disability or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their intellectual disability or related conditions. (8) "Nursing home" means an institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or a political subdivision of the State. The term does not include habilitation centers for persons with intellectual disability or persons with related conditions. (9) "Nursing home administrator" or "NHA" means a person who has attained the requisite education and experience, is otherwise qualified, and has been issued a license by the board and is eligible to administer, manage, supervise, or be in administrative charge of a nursing home. (10) "Practical experience in nursing home administration" means full-time employment, with a minimum of thirty-six hours each week, under the on-site supervision by a licensed nursing home administrator in a state-licensed nursing home. During the on-site supervision by a licensed NHA, the applicant is responsible and accountable for at least a six-month period in at least two of the following areas: (a) business and fiscal management; (b) a direct patient-care service such as nursing, physical therapy, occupational therapy, speech therapy, chaplaincy, social work, or activities; and (c) a supporting service such as dietary, maintenance, engineering, laundry, environmental services, or pharmacy. (11) "Qualified intellectual disability professional" means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified intellectual disability professional, as determined by the Department of Behavioral Health and Developmental Disabilities. (12) "Related health care administration" means the administration of a facility that provides direct nursing care on a twenty-four hour basis to persons who require health services because of illness, age, or chronic disability. Administration of a CRCF or an Independent Living Community is not considered related health care administration. (13) "Community residential care facility administrator work experience" means on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA in a licensed CRCF. (14) "Work experience in a health related field other than in a Community Residential Care Facility" means a satisfactory demonstration through the application for licensure that the applicant has sufficient knowledge of and experience with business and fiscal management responsibilities, coordinating patient care, and direct contact in a health care facility as determined by the board. (15) "Sponsor" means a person who is financially or legally responsible for an individual currently residing in a nursing home or residential care facility.

Legislative History

HISTORY: 2004 Act No. 293, SECTION 1; 2014 Act No. 271 (H.4550), SECTION 1, eff June 9, 2014. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Editor's Note Prior Laws:1962 Code SECTION 56-1701; 1970 (56) 2085; 1986 Act No. 492, SECTION 1; 1990 Act No. 605, SECTION 1; 1993 Act No. 41, SECTION 3; 1997 Act No. 66, SECTION 1; 1976 Code SECTION 40-35-10. Effect of Amendment 2014 Act No. 271, SECTION 1, in paragraph (3), inserted "or 'CRCF'"; in paragraph (4), inserted "or 'CRCFA'"; in paragraph (9), inserted "or 'NHA'"; rewrote paragraph (10); rewrote paragraph (12); added paragraphs (13) and (14), definitions for "Community residential care facility administrator work experience" and "Work experience in a health related field other than in a Community Residential Care Facility"; and redesignated former paragraph (13) as (15).