Terms Used In South Carolina Code > Title 41 > Chapter 18
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Amusement device: means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. See South Carolina Code 41-18-40
Amusement park: means a tract or area used principally as a permanent location for amusement devices or structures. See South Carolina Code 41-18-40
Carnival: means an itinerant enterprise consisting principally of temporary amusement devices or mechanical rides operated to provide entertainment or amusement to the public. See South Carolina Code 41-18-40
Catapulting amusement ride: means an amusement ride whereby a person, or persons, riding in a safety car, or other suitable safety device, is attached to wire ropes or cables that may be attached to springs or other devices similar in design or use which are engineered to simulate bungee catapulting or reverse bungee jumping as defined in Section 52-19-50(5) whereby a person or passenger is released from a fixed position, thus catapulting or otherwise launching the jumper or passenger into the air or toward the ground. See South Carolina Code 41-18-40
Catastrophic accident: means an incident resulting in fatality or three or more injuries resulting in hospitalization. See South Carolina Code 41-18-40
Concession go-kart: means an amusement ride or device that:
(i) is a single vehicle, unattached to other vehicles or a common frame system;
(ii) is powered without connection to a common energy source;
(iii) is driver-controlled with respect to acceleration, speed, braking, and steering;
(iv) operates within the containment system of a defined track;
Dependent: A person dependent for support upon another.
Director: means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. See South Carolina Code 41-18-40
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fair: means an enterprise principally devoted to the exhibition of the products of agriculture or industry and at which amusement devices or temporary structures are provided for use by the public. See South Carolina Code 41-18-40
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Home health agency: shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services. See South Carolina Code 44-69-20
Home health services: shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows:
(a) Part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision of a registered nurse and at least one other service listed below;
(b) Physical, occupational or speech therapy;
(c) Medical social services, home health aide services and other therapeutic services;
(d) Medical supplies and the use of medical appliances;
(e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services. See South Carolina Code 44-69-20
Hospice: means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. See South Carolina Code 44-71-20
Hospice facility: means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician. See South Carolina Code 44-71-20
In-home care: means care:
(a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
(b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
(c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel. See South Carolina Code 44-70-20
In-home care provider: means a business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. See South Carolina Code 44-70-20
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency. See South Carolina Code 44-69-20
Licensee: means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility. See South Carolina Code 44-71-20
Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Multiple location: means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. See South Carolina Code 44-71-20
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. See South Carolina Code 41-18-40
Parent hospice: means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6). See South Carolina Code 44-71-20
Parent or guardian: means a parent, custodian, or guardian responsible for the control, safety, training, or education of a minor or a person who is disabled or incompetent. See South Carolina Code 41-18-310
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Permanent device: means a device which is used, or intended to be used, as an amusement device that is erected to remain a lasting part of the premises. See South Carolina Code 41-18-40
Personal property: All property that is not real property.
Physician: shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State. See South Carolina Code 44-69-20
Primary office: means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location. See South Carolina Code 44-71-20
(a) waiting in the immediate vicinity to get on a carnival or amusement device;
(b) getting on a carnival or amusement device;
(c) using a carnival or amusement device;
(d) getting off a carnival or amusement device; or
(e) leaving a carnival or amusement device and who is still in the immediate vicinity of the carnival or amusement device. See South Carolina Code 41-18-310
Safety coordinator: means a person suited by training or experience and designated by the owner or operator of an amusement park, fair, or carnival as being in charge of the safety of all amusement devices located at the park, fair, or carnival. See South Carolina Code 41-18-40