South Carolina § 44-70-40 Regulations.

South Carolina Statutes

§ 44-70-40 — Regulations.

South Carolina § 44-70-40

Title 44HEALTH

Ch. 70LICENSURE OF IN-HOME CARE PROVIDERS ACT

This text of South Carolina § 44-70-40 (Regulations.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-70-40 (2026).

Text

The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:

(1)license application and renewal procedures;

(2)criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure;

(3)drug testing of licensure applicants;

(4)responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;

(5)fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;

(6)criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing

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The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations: (1) license application and renewal procedures; (2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure; (3) drug testing of licensure applicants; (4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting; (5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license; (6) criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases; (7) standards for liability and other appropriate insurance coverage; and (8) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to Section 44-1-60.

Legislative History

HISTORY: 2011 Act No. 18, SECTION 1, eff May 11, 2011. Editor's Note 2011 Act No. 18, SECTION 3, provides as follows: "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."