2023 South Carolina Code of Laws
Title 44 - Health
Chapter 1 - Department Of Health And Environmental Control
Editor's Note
2023 Act No. 60, Sections 1, 2, 3.F, 13, 14, and 17, provide as follows:
"SECTION 1. On July 1, 2024:
"(1) There is created the Department of Public Health to be headed by a director who is appointed by the Governor pursuant to Section 1-30-10, with the advice and consent of the Senate; provided, however, until the Governor appoints the initial director after creation of the Department of Public Health, the Director of the Department of Health and Environmental Control shall serve as the Director of the Department of Public Health.
"(2) There is created the Department of Environmental Services to be headed by a director who is appointed by the Governor pursuant to Section 1-30-10, with the advice and consent of the Senate; provided, however, until the Governor appoints the initial director after creation of the Department of Environmental Services, the Director of Environmental Affairs of the Department of Health and Environmental Control shall serve as the Director of the Department of Environmental Services.
"(3) The South Carolina Department of Health and Environmental Control and the South Carolina Board of Health and Environmental Control are abolished.
"(4) The food safety program in the Division of Food and Lead Risk Assessment and the Milk and Dairy Lab of the Department of Health and Environmental Control shall become a division of the Department of Agriculture with the director of that department being deemed the head of the division unless otherwise specified, and all relevant powers and duties assigned to the Department of Health and Environmental Control being transferred to and devolved upon the Department of Agriculture.
"(5) The authority to establish, manage, and operate veterans homes shall be transferred to the Department of Veterans' Affairs, and all powers and duties assigned to the Department of Mental Health regarding veterans homes being transferred to and devolved upon the Department of Veterans' Affairs. To the extent, the Department of Mental Health owns the grounds upon which these veterans homes are located, title shall be transferred to the Department of Veterans' Affairs.
"(6) The hydrology and aquatic nuisance species programs of the Land, Water and Conservation Division of the Department of Natural Resources shall become a division of the Department of Environmental Services, and all relevant powers and duties assigned to the Department of Natural Resources being transferred to and devolved upon the Department of Environmental Services.
"SECTION 2. (A) It is the intent of the General Assembly to restructure and transfer the programs, services, duties, and authority of the Department of Health and Environmental Control into the Department of Public Health or the Department of Environmental Services. Accordingly, the Department of Administration immediately shall commence the process of analyzing the circumstances and determining the best manner to efficiently and effectively restructure and transfer all programs, services, duties, and authority of the Department of Health and Environmental Control to the Department of Public Health or the Department of Environmental Services, consistent with the provisions of this act. The Department of Health and Environmental Control shall cooperate with the Department of Administration and assign such personnel as requested by the Executive Director of the Department of Administration to assist the department and enable it to complete its duties under this SECTION. To complete its duties under this SECTION the Department of Administration shall consult with the existing Director of the Department of Health and Environmental Control and the existing Director of Environmental Affairs of the Department of Health and Environmental Control.
"(B) The Department of Administration's analysis required by this SECTION must include the submission of a report to the General Assembly no later than December 31, 2023, with specific recommendations of statutory changes needed throughout the South Carolina Code of Laws to reflect the restructuring and transfer of the health-related programs, services, duties, and authority of the Department of Health and Environmental Control to the Department of Public Health and to reflect the restructuring and transfer of the environmental related programs, services, duties, and authority of the Department of Health and Environmental Control to the Department of Environmental Services. The Department of Health and Environmental Control shall assign such legal, programmatic and administrative personnel as requested by the Executive Director of Department of Administration to assist the department in identifying statutory provisions requiring change and in suggesting appropriate language to effectuate required changes. The Code Commissioner shall be available to consult with and assist the Department of Administration in making the recommendations required by this SECTION.
"(C) The Department of Administration may procure such supplies, services, information technology, and experts, including attorneys, as are necessary to perform the requirements of this SECTION. Such procurements are exempt from the purchasing procedures of the South Carolina Consolidated Procurement Code but must be made with as much competition as is practicable. Additionally, if determined necessary, the State Fiscal Accountability Authority shall assign such personnel as requested by the Executive Director of Department of Administration to assist the department in any required procurements. The Department of Health and Environmental Control shall pay the costs of any supplies, services, information technology, and experts, including attorneys, procured pursuant to this subsection."
"[SECTION 3.]F. Chapter 1, Title 44 of the S.C. Code is renamed 'Department of Public Health'."
"SECTION 13. (A) This SECTION is effective upon approval by the Governor.
"(B) The Department of Administration shall identify, select, retain, and procure the services of independent, third-party experts, consultants, or advisors to analyze the missions and delivery models of all state agencies concerned with the overall public health of the State, as well as certain specific populations including, but not limited to, children and adolescents, newborns, pregnant women, the elderly, disabled, mentally ill, special needs individuals, those with chemical dependencies, the chronically ill, economically disadvantaged, and veterans. This analysis will include, but not be limited to, the Department of Health and Environmental Control and its successor entities, the Department of Mental Health, the Department of Alcohol and Other Drug Abuse Services, the Department of Disabilities and Special Needs, and the Department on Aging. Any agencies identified by the Department of Administration as being subject to this analysis shall provide the department with any and all information requested and shall fully participate as requested and required.
"(C) The analysis procured by the Department of Administration shall consider whether structural changes are necessary to improve health services delivery in the State, recognize operational efficiencies, and maximize resource utilization. Structural changes to be analyzed include reorganizations or mergers of existing health agencies, or divisions or components thereof, as well as the establishment of any new health agencies or the privatization of services currently provided by existing health agencies.
"(D) The third-party experts, consultants, or advisors must make appropriate recommendations based on the analysis required pursuant to this section and the benefits of each recommendation.
"(E) The Department of Administration shall prepare a final report summarizing the aforementioned analysis and recommendations and shall submit the final report to the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Medical Affairs Committee, the Chairman of the Medical, Military and Municipal Affairs Committee, the Chairman of the Finance Committee, the Chairman of the Ways and Means Committee, and the Governor by April 1, 2024, and shall submit interim reports on October 1, 2023, and January 1, 2024. Procurements by the Department of Administration of all experts, consultants, and advisors pursuant to and required by this SECTION are exempt from the purchasing procedures of the South Carolina Consolidated Procurement Code in Chapter 35, Title 11 of the S.C. Code. If requested by the Executive Director of the Department of Administration, staff from the State Fiscal Accountability Authority's Procurement Services Division shall assist in procuring the necessary services.
"(F) The Department of Health and Human Services shall give support to the Department of Administration in fulfilling the purposes of this SECTION.
"SECTION 14. (A) When the provisions of this act transfer particular state agencies, departments, boards, commissions, committees, or entities, or sections, divisions, or portions thereof (transferring departments), to another state agency, department, division, or entity or make them a part of another department or division (receiving departments), the employees, authorized appropriations, bonded indebtedness, if applicable, real and personal property, assets, and liabilities of the transferring department also are transferred to and become part of the receiving department or division unless otherwise specifically provided. All classified or unclassified personnel of the affected agency, department, board, commission, committee, entity, section, division, or position employed by these transferring departments on the effective date of this act, either by contract or by employment at will, shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the agency head of the transferring and receiving agencies prescribe the manner in which the transfer provided for in this section shall be accomplished. The Department of Administration's action in facilitating the provisions of this section are ministerial in nature and shall not be construed as an approval process over any of the transfers.
"(B) When an agency, department, entity, or official is transferred to or consolidated with another agency, department, division, entity, or official, regulations promulgated by that transferred agency, department, entity, or official under the authority of former provisions of law pertaining to it are continued and are considered to be promulgated under the authority of present provisions of law pertaining to it. When powers and duties of an agency, department, entity, or official are transferred to and devolved upon another department, agency, or subdivision thereof, the power and duty to promulgate regulations is also transferred to and devolved upon that department, agency, or subdivision thereof.
"(C) References to the names of agencies, departments, entities, or public officials changed by this act, to their duties or functions herein devolved upon other agencies, departments, entities, or officials, or to provisions of law consolidated with or transferred to other parts of the S.C. Code are considered to be and must be construed to mean appropriate references.
"(D) Unless otherwise provided herein or by law, all fines, fees, forfeitures, or revenues imposed or levied by agencies, personnel, or portions thereof, so transferred to other agencies or departments must continue to be used and expended for those purposes provided prior to the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes."
"SECTION 17. This act takes effect on July 1, 2024, except that the provisions of SECTION 2 and SECTION 13, relating to the Department of Administration's duties, take effect upon approval by the Governor."
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Section 44-1-20. Department of Public Health.
[Section effective July 1, 2024. See, also, Section 44-1-20 effective until July 1, 2024.] - Section 44-1-30. Meetings of Board; compensation of members.
- Section 44-1-40. Selection, term, and salary of director.
- Section 44-1-50. Administrative reviews; power to organize department.
- Section 44-1-60. Appeals from department decisions giving rise to contested case; procedures.
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Section 44-1-65. Appeals of department permitting decisions for animal facilities; procedures.
[Section effective until July 1, 2024.] - Section 44-1-70. Rules and regulations of board must be approved by General Assembly.
- Section 44-1-80. Duties and powers of board as to communicable or epidemic diseases.
- Section 44-1-90. Board shall advise municipal and county authorities.
- Section 44-1-100. Assistance from peace and health officers.
- Section 44-1-110. Duties of department in regard to public health, in general.
- Section 44-1-130. Department may establish health districts and district advisory boards of health.
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Section 44-1-140. Department may promulgate and enforce rules and regulations for public health.
[Section effective July 1, 2024. See, also, Section 44-1-140 effective until July 1, 2024.] - Section 44-1-143. Requirements for home-based food production operations.
- Section 44-1-145. Minimum cooking temperature for ground beef; exceptions.
- Section 44-1-148. Resale for human consumption prohibited for fresh meat or fresh meat products if returned by a consumer.
- Section 44-1-150. Penalty for violating rules of department.
- Section 44-1-151. Penalties for violations involving shellfish.
- Section 44-1-152. Disposition of revenues from fines and forfeitures for violation of shellfish laws.
- Section 44-1-155. Release on bail of person apprehended by shellfish patrolman upon charge of violating health and sanitary aspects of shellfish, crab, and shrimp laws or regulations.
- Section 44-1-160. Prosecution of nuisance not affected by rule-making power of department.
- Section 44-1-165. Expedited Review Program established; promulgation of regulations; pilot programs; Expedited Review Fund.
- Section 44-1-170. Department shall supervise local boards of health.
- Section 44-1-180. Department may establish charges for health care.
- Section 44-1-190. Department may investigate ability to pay and determine amount of charges; contracts for care and treatment.
- Section 44-1-200. Department may provide home health services.
- Section 44-1-210. Disposition of moneys collected.
- Section 44-1-215. Retaining certain funds.
- Section 44-1-220. Skilled and intermediate care nursing facilities licensed by department shall furnish itemized statements of charges for services.
- Section 44-1-230. Consideration to be given to benefits available to individuals to meet costs of medical or health services.
- Section 44-1-260. Early periodic screening, diagnosis, and treatment screening; referral for assistive technology evaluation; definitions.
- Section 44-1-280. Coordination with First Steps to School Readiness initiative.
- Section 44-1-290. Supplier of effluent for irrigation as public utility.
- Section 44-1-300. Exemption from enforcement of regulation that would prohibit churches and charitable organizations from serving food to public.
- Section 44-1-310. Maternal Morbidity and Mortality Review Committee.
- Section 44-1-315. Environmental permits and permittees; boundary clarification.