§ 44-69-10 Short title
§ 44-69-20 Definitions
§ 44-69-30 License for operation of home health agency
§ 44-69-40 Application for license
§ 44-69-50 Fees
§ 44-69-60 Regulations
§ 44-69-70 Annual inspections
§ 44-69-75 Certificate of need; exemption of home health services providers
§ 44-69-77 Sharing of administration, supervision, and services
§ 44-69-80 Discrimination prohibited
§ 44-69-90 Rebates, kickbacks, and fee-splitting prohibited
§ 44-69-100 Penalties

Terms Used In South Carolina Code > Title 44 > Chapter 69 - Licensure of Home Health Agencies

  • Adverse action: means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. See South Carolina Code 40-67-520
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Alternative program: means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. See South Carolina Code 40-67-520
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means an animal that is not a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead. See South Carolina Code 40-69-20
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Audiology: means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. See South Carolina Code 40-67-520
  • Board: shall mean the South Carolina Board of Health and Environmental Control. See South Carolina Code 44-69-20
  • Board: means the South Carolina State Board of Examiners in Speech-Language Pathology and Audiology. See South Carolina Code 40-67-20
  • Board: means the South Carolina State Board of Veterinary Medical Examiners. See South Carolina Code 40-69-20
  • Branch office: shall mean a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. See South Carolina Code 44-69-20
  • Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-67-520
  • Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. See South Carolina Code 40-67-520
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data system: means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-67-520
  • Department: shall mean South Carolina Department of Health and Environmental Control. See South Carolina Code 44-69-20
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-67-20
  • 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, an APRN pursuant to § 40-33-34(D)(2)(h), or a PA pursuant to § 40-47-935(B)(8) and as 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: shall mean a license issued by the Department. See South Carolina Code 44-69-20
  • License: means an authorization to practice speech-language pathology or audiology issued by the board pursuant to this chapter and includes an authorization to practice as a speech-language pathology intern, an audiology intern, and a speech-language pathology assistant. See South Carolina Code 40-67-20
  • License: means any permit, approval, registration, or certificate issued by the board. See South Carolina Code 40-69-20
  • Licensed veterinarian: means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State. See South Carolina Code 40-69-20
  • Licensed veterinary technician: means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. See South Carolina Code 40-69-20
  • 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 an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. See South Carolina Code 40-67-520
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member state: means a state that has enacted the compact. See South Carolina Code 40-67-520
  • Oath: A promise to tell the truth.
  • 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.
  • Person: means an individual, organization, or corporation, except that only individuals can be licensed under this chapter. See South Carolina Code 40-67-20
  • Physician: shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State. See South Carolina Code 44-69-20
  • Practice of veterinary medicine: means to:

    (a) diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;

    (b) perform a surgical operation, including cosmetic surgery, upon an animal;

    (c) perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants;

    (d) offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition;

    (e) use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. See South Carolina Code 40-69-20
  • Quorum: The number of legislators that must be present to do business.
  • Registered Nurse: shall mean an individual who is currently licensed as such in this State. See South Carolina Code 44-69-20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-67-520
  • Speech-language pathology: means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. See South Carolina Code 40-67-520
  • State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. See South Carolina Code 40-67-520
  • Statute: A law passed by a legislature.
  • Subunit: shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. See South Carolina Code 44-69-20
  • Testify: Answer questions in court.
  • Veterinarian: means a person who has received a doctor's degree or equivalent in veterinary medicine. See South Carolina Code 40-69-20
  • Veterinary medicine: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See South Carolina Code 40-69-20