2013 South Carolina Code of Laws
Title 44 - Health
CHAPTER 7 - HOSPITALS, TUBERCULOSIS CAMPS AND HEALTH SERVICES DISTRICTS

ARTICLE 1. GENERAL PROVISIONS

• SECTION 44-7-10. Public hospitals may maintain eye banks.
• SECTION 44-7-20. Disturbing patients with radios or musical instruments.
• SECTION 44-7-30. Defrauding hospitals.
• SECTION 44-7-40. Conveyance to Federal Government of lands for veterans' hospital.
• SECTION 44-7-50. Modification of doctrines of charitable and sovereign immunity as they relate to hospitals and other medical facilities.
• SECTION 44-7-60. Borrowing money by nonprofit public hospitals.
• SECTION 44-7-70. Report to State Board of Medical Examiners concerning action resulting in limitation upon physician's privilege to practice in health care facility.
• SECTION 44-7-77. Program to obtain voluntary acknowledgment of paternity of newborns.
• SECTION 44-7-78. Authority to establish facilities, programs and services in other locations.

ARTICLE 2. MEDICAID NURSING HOME PERMITS

• SECTION 44-7-80. Definitions.
• SECTION 44-7-82. Permit requirement.
• SECTION 44-7-84. Determination and allocation of Medicaid nursing home patient days; application for permit; rules and regulations.
• SECTION 44-7-88. Involuntary discharge or transfer of Medicaid nursing home patients prohibited; request for waiver of permit requirements.
• SECTION 44-7-90. Violations of Sections 44-7-80 through 44-7-90; penalties.

ARTICLE 3. STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT

• SECTION 44-7-110. Short title.
• SECTION 44-7-120. Declaration of purpose.
• SECTION 44-7-130. Definitions.
• SECTION 44-7-140. Department as sole agency for control of program.
• SECTION 44-7-150. Duties of department.
• SECTION 44-7-160. Certificate of Need required under certain circumstances.
• SECTION 44-7-170. Institutions and transactions exempt from article.
• SECTION 44-7-180. Health planning committee; appointment, composition, terms, and allowances; State Health Plan; fees to cover costs of certificate of need program.
• SECTION 44-7-185. Repealed by 2010 Act No. 278, Section 24, eff July 1, 2010.
• SECTION 44-7-190. Project Review Criteria; weighing of criteria.
• SECTION 44-7-200. Application for Certificate of Need; notice; prohibited communications.
• SECTION 44-7-210. Certificate of Need review procedures.
• SECTION 44-7-220. Administrative Law Court review of Certificate of Need decisions.
• SECTION 44-7-225. State Health Plan in effect at application and at decision.
• SECTION 44-7-230. Limitation on Certificate of Need; capital expenditure; architectural plans; time limitation; Certificate of Need as not transferable.
• SECTION 44-7-240. Construction program.
• SECTION 44-7-250. Department to establish and enforce basic standards.
• SECTION 44-7-260. Requirements for licensure.
• SECTION 44-7-261. Privately-owned education infirmaries.
• SECTION 44-7-262. Minimum resident-staff ratios for nursing homes.
• SECTION 44-7-264. Nursing home or community residential care facility licensure; fingerprint-based criminal records check; prohibition of issuance of license or requirement of revocation for certain crimes.
• SECTION 44-7-265. Freestanding or mobile technology regulations to be promulgated.
• SECTION 44-7-270. Applications for license.
• SECTION 44-7-280. Issuance of license; expiration.
• SECTION 44-7-285. Change of ownership and control.
• SECTION 44-7-290. Necessity of complying with article and regulations of department.
• SECTION 44-7-295. Authority to enter facilities to investigate violations.
• SECTION 44-7-300. Plans and specifications.
• SECTION 44-7-310. Certain information not to be disclosed publicly.
• SECTION 44-7-315. Disclosure of information regarding facility or home.
• SECTION 44-7-320. Denial, revocation, or suspension of license; penalties.
• SECTION 44-7-325. Fee for search and duplication of medical record; time limits for compliance with request for record.
• SECTION 44-7-330. Power to sue.
• SECTION 44-7-340. Violation as misdemeanor; fines.
• SECTION 44-7-345. Discrimination prohibited in admission of individuals to residential care facilities.
• SECTION 44-7-350. Community residential care facility.
• SECTION 44-7-360. Itemized billing.
• SECTION 44-7-370. Residential Care Committee; Renal Dialysis Advisory Council.
• SECTION 44-7-380. Surgical technology and operating room circulators; definitions; requirements to practice; exceptions.
• SECTION 44-7-385. Requirements for serving as operating room circulator.
• SECTION 44-7-390. No liability or cause of action against a hospital for certain acts or proceedings.
• SECTION 44-7-392. Confidentiality of hospital proceedings, data, documents, and information.
• SECTION 44-7-394. Assertion and defense of confidentiality claims.

ARTICLE 4. HEALTH CARE COOPERATION ACT

• SECTION 44-7-500. Short title.
• SECTION 44-7-505. Findings.
• SECTION 44-7-510. Definitions.
• SECTION 44-7-520. Intent.
• SECTION 44-7-530. Cooperative agreements.
• SECTION 44-7-540. Publish; notice of receipt of application.
• SECTION 44-7-550. Review of application; advisement by the Attorney General; to the department to approve or deny application.
• SECTION 44-7-560. Issuance of a certificate of public advantage for a cooperative agreement.
• SECTION 44-7-570. Monitoring and regulating agreements by the department.
• SECTION 44-7-580. Maintaining on file all cooperative agreements which certificates of public advantage remain in effect.
• SECTION 44-7-590. Exemptions.

ARTICLE 5. COUNTY, TOWNSHIP OR MUNICIPAL HOSPITALS, OR TUBERCULOSIS CAMPS

• SECTION 44-7-610. Petition for establishment of public hospital or tuberculosis camp.
• SECTION 44-7-620. Election.
• SECTION 44-7-630. Filing results of elections and amount of bonds authorized.
• SECTION 44-7-640. Sale, terms and execution of bonds.
• SECTION 44-7-650. Custody and disbursement of proceeds of bond sale.
• SECTION 44-7-660. Annual tax.
• SECTION 44-7-670. Selection and terms of trustees.
• SECTION 44-7-680. Oath of trustees; organization as board.
• SECTION 44-7-690. Treasurer.
• SECTION 44-7-700. Compensation of treasurer and trustees.
• SECTION 44-7-710. Meetings of board; records.
• SECTION 44-7-720. Powers of board.
• SECTION 44-7-730. Prerequisites to construction of hospital.
• SECTION 44-7-740. Municipal jurisdiction.
• SECTION 44-7-750. Beneficiaries of hospital.
• SECTION 44-7-760. Payment for service.
• SECTION 44-7-770. No discrimination shall be made between legal schools of medicine.
• SECTION 44-7-780. Donations.

ARTICLE 7. HOSPITALS IN MUNICIPALITIES OF 1,000 TO 5,000

• SECTION 44-7-910. Authority to establish and maintain hospital.
• SECTION 44-7-920. Petition and election on establishment and maintenance of hospital.
• SECTION 44-7-930. Election and membership of board of trustees.
• SECTION 44-7-940. Oath, organization and compensation of trustees.
• SECTION 44-7-950. Meetings and records of board of trustees.
• SECTION 44-7-960. Duties and compensation of treasurer.
• SECTION 44-7-970. Issuance of bonds.
• SECTION 44-7-980. Terms, form and execution of bonds.
• SECTION 44-7-990. Sale of bonds.
• SECTION 44-7-1000. Proceeds of bond issue.
• SECTION 44-7-1010. Payment of bonds; annual tax.
• SECTION 44-7-1020. Acquisition of property; memorials.
• SECTION 44-7-1030. Employment of architect; construction contract.
• SECTION 44-7-1040. Furnishings, equipment and supplies; maintenance.
• SECTION 44-7-1050. Jurisdiction of municipality when hospital outside its limits.
• SECTION 44-7-1060. Promulgation of rules for operation of hospital; employment of staff.
• SECTION 44-7-1070. Persons who may be patients.
• SECTION 44-7-1080. Agreements with contributing districts as to use of hospital.
• SECTION 44-7-1090. Petition for agreement with adjoining district.
• SECTION 44-7-1100. Tax levy by adjoining county.
• SECTION 44-7-1110. Cancellation of contributing agreement.
• SECTION 44-7-1120. Annual audit.
• SECTION 44-7-1130. Taxes shall pay deficits of hospital.
• SECTION 44-7-1140. Article is cumulative.

ARTICLE 9. HOSPITAL COMMISSIONS IN MUNICIPALITIES OF 5,000 TO 10,000

• SECTION 44-7-1310. Authorization for and trustees of city hospital commission.
• SECTION 44-7-1320. Officers, minutes and annual reports.
• SECTION 44-7-1330. Powers and duties.
• SECTION 44-7-1340. Financial affairs.

ARTICLE 11. HOSPITAL REVENUE BOND ACT

• SECTION 44-7-1410. Short title.
• SECTION 44-7-1420. Declaration of purpose.
• SECTION 44-7-1430. Definitions.
• SECTION 44-7-1440. Powers of counties.
• SECTION 44-7-1450. Issuance, execution and terms of bonds; bond anticipation notes.
• SECTION 44-7-1460. Pledge of revenues to secure bonds; proceedings authorizing bonds.
• SECTION 44-7-1470. Contracts for construction of hospital facilities.
• SECTION 44-7-1480. Criteria to be considered by county boards in undertaking hospital facilities.
• SECTION 44-7-1490. Approval of construction or other work on facilities required.
• SECTION 44-7-1500. Public agencies authorized to enter into loan agreements with county board.
• SECTION 44-7-1510. Investigations, studies and the like by county board.
• SECTION 44-7-1520. Provisions in loan agreement for completion of facilities, payments and additional bonds.
• SECTION 44-7-1530. Provision in loan agreement for payments in lieu of taxes.
• SECTION 44-7-1540. Additional provisions in loan agreement; guarantee agreement.
• SECTION 44-7-1550. Use of proceeds from sale of bonds.
• SECTION 44-7-1560. Refunding of bonds.
• SECTION 44-7-1570. Bonds as legal investments.
• SECTION 44-7-1580. Exemption from taxation.
• SECTION 44-7-1590. Procedure for approval by State Board of issuance of bonds.
• SECTION 44-7-1600. Provisions which resolution and loan agreement may contain; liability on bonds.
• SECTION 44-7-1610. Revenues deemed trust funds.
• SECTION 44-7-1620. Enforcement of rights by bondholders and trustees.
• SECTION 44-7-1630. Provision for daily charge on persons using hospital.
• SECTION 44-7-1640. Authorization to issue bonds with proceeds to be loaned to more than one hospital agency or public agency; procedures; bonds to be limited obligations.
• SECTION 44-7-1650. Intergovernmental loan agreements.
• SECTION 44-7-1660. Subsidiary loan agreements.
• SECTION 44-7-1670. Authorization for public agencies to enter into subsidiary loan agreements with county board; county not to obligate itself.
• SECTION 44-7-1680. Contents of subsidiary loan agreements.
• SECTION 44-7-1690. Notice of approval of loan agreement; filing requirements; challenge of approval of loan agreements.
• SECTION 44-7-1700. Personal liability or accountability with respect to issuance of bonds.
• SECTION 44-7-1710. Application of provisions of article to bonds whose proceeds are to be loaned to more than one hospital agency or public agency; authority of county board of authorizing issuer.
• SECTION 44-7-1720. Article is cumulative; procedure for county board to carry out authorization granted by article.

ARTICLE 13. PEE DEE REGIONAL HEALTH SERVICES DISTRICT

• SECTION 44-7-1810. Creation of Pee Dee Regional Health Services District.
• SECTION 44-7-1820. Membership of board of directors.
• SECTION 44-7-1830. Terms of office of members of board.
• SECTION 44-7-1840. Meetings of board.
• SECTION 44-7-1850. Officers of board; compensation of members.
• SECTION 44-7-1860. Powers and duties of board.
• SECTION 44-7-1870. Board may borrow money and make and issue bonds and notes.
• SECTION 44-7-1880. Disposition of revenues.
• SECTION 44-7-1890. Property and income of district shall be exempt from taxes.
• SECTION 44-7-1900. Powers granted shall not be diminished while district shall be indebted.
• SECTION 44-7-1910. Cooperation with other agencies; appointment of ex officio directors.

ARTICLE 15. REGIONAL HEALTH SERVICES DISTRICTS

• SECTION 44-7-2010. Authority for counties to form regional health services districts.
• SECTION 44-7-2020. Board of directors; appointment of members.
• SECTION 44-7-2030. Members of board of directors; terms and vacancies.
• SECTION 44-7-2040. Meetings of board of directors.
• SECTION 44-7-2050. Officers of board of directors; compensation; term of office.
• SECTION 44-7-2060. Powers and duties of board of directors.
• SECTION 44-7-2070. Authority for board of directors to borrow money and issue bonds.
• SECTION 44-7-2080. Disposition and expenditure of revenues.
• SECTION 44-7-2090. Obligations of districts not to be impaired.
• SECTION 44-7-2100. Board of directors; further duties; ex officio members.
• SECTION 44-7-2110. Pee Dee Regional Health Services District continued.
• SECTION 44-7-2115. Meaning of "health care facility" and "public hospital corporation."
• SECTION 44-7-2120. Exemption of districts from State and local taxes.
• SECTION 44-7-2125. Authority of public bodies to convey health care facilities and other property to districts.
• SECTION 44-7-2130. Districts as county agencies for operation of health care facilities; receipt of proceeds of special hospital taxes levied by authorizing subdivisions.

ARTICLE 16. INCORPORATION OF HEALTH SERVICES DISTRICTS

• SECTION 44-7-2150. Incorporation of districts as public corporations.
• SECTION 44-7-2151. Meaning of "health care facility" and "public hospital corporation."
• SECTION 44-7-2152. Application for incorporation; review and determination.
• SECTION 44-7-2153. Content, execution, and filing of certificate of incorporation.
• SECTION 44-7-2154. Amendment of certificate of incorporation.
• SECTION 44-7-2155. Board of directors and officers.
• SECTION 44-7-2156. Absence of outstanding obligations as prerequisite for dissolution.
• SECTION 44-7-2157. Additional powers of districts upon incorporation.

ARTICLE 17. ORANGEBURG-CALHOUN REGIONAL HOSPITAL [REPEALED]

• SECTION 44-7-2210 to 44-7-2250. Repealed by 2004 Act No. 298, Section 1, eff August 16, 2004.

ARTICLE 19. AGREEMENTS AND JOINT PROGRAMS INVOLVING HEALTH SERVICES DISTRICTS

• SECTION 44-7-2310. Agreements by public service districts furnishing clinical medical services.

ARTICLE 20. HOSPITAL INFECTIONS DISCLOSURE

• SECTION 44-7-2410. Citation of article.
• SECTION 44-7-2420. Definitions.
• SECTION 44-7-2430. Collection of data; reporting by individual hospitals; appointment of advisory committee; adoption of methodology for collecting and analyzing data.
• SECTION 44-7-2440. Annual reports and quarterly bulletins; contents; publicizing of reports.
• SECTION 44-7-2450. Protection of patient confidentiality; reporting accidents or incidents.
• SECTION 44-7-2460. Ensuring compliance with article and regulations; civil monetary penalties; promulgation of regulations.

ARTICLE 21. INFANTS AND TODDLERS WITH DISABILITIES

• SECTION 44-7-2510. Short title.
• SECTION 44-7-2515. Purpose of article.
• SECTION 44-7-2520. Definitions.
• SECTION 44-7-2530. Duties of department; role of other publicly funded agencies.
• SECTION 44-7-2540. Interagency system to be developed.
• SECTION 44-7-2550. Regulations.
• SECTION 44-7-2560. Individualized family service plans.
• SECTION 44-7-2570. Fees for services; insurance.
• SECTION 44-7-2590. Confidentiality of records and information; exceptions; penalties for unauthorized disclosure.
• SECTION 44-7-2600. Reports to Joint Legislative Committee on Children.
• SECTION 44-7-2610. Local interagency coordinating councils.

ARTICLE 23. CRIMINAL RECORD CHECKS OF DIRECT CARE STAFF

• SECTION 44-7-2910. Criminal record check for direct caregivers; definitions.
• SECTION 44-7-2920. Criminal record check procedures.
• SECTION 44-7-2930. Personnel records.
• SECTION 44-7-2940. Department of Health and Environmental Control oversight of criminal record checks by direct care entities; license renewals.
• SECTION 44-7-2950. Civil fines for violation of criminal record check requirements.

ARTICLE 25. MEDICAL UNIVERSITY OF SOUTH CAROLINA

• SECTION 44-7-3110. Lease and sale of certain assets; terms and conditions.
• SECTION 44-7-3120. Legal description of land and improvements.
• SECTION 44-7-3130. Nature of University Medical Associates (UMA).
• SECTION 44-7-3140. Employee grievances.
• SECTION 44-7-3150. Consultation required.
• SECTION 44-7-3160. Personal profiting prohibited.
• SECTION 44-7-3170. Shared participation permitted.
• SECTION 44-7-3180. Valuation of purchase upon default or expiration of lease.
• SECTION 44-7-3190. Written consent requirement for discontinuation or transfer of inpatient clinical service.
• SECTION 44-7-3200. UMA agreements subject to review and approval; agreements must not conflict.
• SECTION 44-7-3210. Co-payment for members of the General Assembly.
• SECTION 44-7-3220. Indigent patient services.
• SECTION 44-7-3230. Guarantee of financial obligations.

ARTICLE 27. HOSPITAL PATIENT SAFETY ACT

• SECTION 44-7-3410. Citation of article.
• SECTION 44-7-3420. Definitions.
• SECTION 44-7-3430. Identification badges.
• SECTION 44-7-3440. Written information to be provided to patient.
• SECTION 44-7-3450. Right of patient to contact attending physician; nurse's duty to assist; mechanism for resolution of patient's personal medical care concerns.
• SECTION 44-7-3455. Mental and specialized alcohol or drug abuse treatment hospitals exemption.
• SECTION 44-7-3460. Administration and enforcement of article.
• SECTION 44-7-3470. Civil cause of action; other claim.