South Carolina Code of Regulations
Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
Article 1 - LICENSE REQUIREMENT FOR FACILITIES AND PROGRAMS
Section 88-105 - Scope

Universal Citation: SC Code Regs 88-105

Current through Register Vol. 48, No. 3, March 22, 2024

A. No program shall be operated in part or in full for the care, maintenance, education, training or treatment of more than two persons with intellectual disability unless a license is first obtained from the South Carolina Department of Mental Retardation. "In part" shall mean a program operating for at least ten (10) hours a week.

B. Specifically excluded from this requirement is any program which is:

(1) Operated by an agency of "the state";

(2) An integral part of a public or private school or center which is licensed, certified, or accredited by the South Carolina Department of Education or is sponsored by a school district;

(3) Licensed as a community residential care facility, skilled care facility, intermediate care facility or hospital.

(4) A day care center licensed by the Department of Social Service.

C. Programs which qualify for exclusion under this section may, upon voluntary application made by the operator of the program, be licensed, provided, however, that the programs meet all the other provisions for licensing as herein required.

D. No facility or program shall accept participants for care, maintenance, education, training or treatment other than that for which it is licensed.

E. All licensees will meet the statutory standards prohibiting abuse, neglect or exploitation of adult or child participants and are expected to comply with state law concerning the reporting of known or suspected cases to the appropriate state authority and to DMR if the victim is a DMR client.

CODE COMMISSIONER'S NOTE

Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mental retardation" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded." At the Code Commissioner's discretion, the substitution was not made for the formal reference to the South Carolina Department of Mental Retardation in this regulation.

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