South Carolina Code of Regulations
Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
Article 4 - DAY PROGRAMS FOR PERSONS WITH INTELLECTUAL DISABILITY
Section 88-440 - Records

Universal Citation: SC Code Regs 88-440

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

A. Administrative-The following records will be maintained at least 5 years in the administrative office for the program and shall be readily available for review by the Department:

(1) Client register for enrollment;

(2) Daily attendance;

(3) Current (annual) certificate of sanitation inspection from DHEC;

(4) Current (annual) certificate of fire inspection from a fire marshal;

(5) Current (annual) heating, ventilation and air conditioning inspection report, dated and signed by a qualified technician;

(6) Electrical system report, signed and dated by a licensed/certified electrical/contractor with the certification number listed.

(7) Disaster plan and a record of fire drills;

(8) Individual personnel records on each staff member which contain:
(a) TB report at time of employment and annually if skin test indicates a reactor;

(b) Signed application form or other statement of staff member's age, educational history and employment history;

(c) Job description;

(d) Signed statement that indicates the employee has never been charged or convicted of a crime involving abuse or neglect.

(e) from past employment when applicable

(9) Written policies on:
(a) Access to, duplication of, and dissemination of information from client records;

(b) Prohibition of the use of physical, mechanical or chemical restraint unless used for safety or therapeutic purposes as prescribed by a written plan and as approved by DMR;

(c) The prohibition of corporal punishment;

(d) Conditions for use of isolation rooms;

(e) Retention of records;

(f) Use of volunteers and substitutes;

(g) Program evaluation;

(h) Administration of medication;

(i) Admission and discharge of participants;

(j) Personnel practices

(k) Procedures to be followed when a participant is discovered to be missing.

(l) Prohibition of abuse and neglect which also includes staff report of any/all abuse to appropriate state agencies and to the Department of Mental Retardation.

(m) Conditions and policies on the termination of clients which include:
1. A list of reasons for dismissal;

2. Methods of averting the termination;

3. Consultation and concurrence with the Department prior to termination.

B. Participant-A record shall be maintained for each participant which contains, as a minimum, the items listed below. All documents and entries shall be legible, dated, and signed by the person making the entry. If symbols are used, explanatory legends must be provided.

(1) Report of a medical examination which was performed not more than twelve (12) months prior to admission;

(2) Report of psychological evaluation(s) as required by R. 88-430A;

(3) Report of Social History which is updated annually;

(4) Current Individual Program Plan as required by R88-435 A;

(5) Monthly summary notations of progress;

(6) Record of unusual behavior incidents which are recorded at the time of occurrence;

(7) Record of illness and accidents;

(8) Authorization for emergency medical service;

(9) Record of critical incidents.

C. Confidentiality-All information in a participant's record shall be considered privileged and confidential. Staff shall not disclose or knowingly permit the disclosure of any information concerning the client or his family directly to any unauthorized person.

D. Maintenance of Records-After a participant's discharge or dismissal from a program, or his death, his records shall be retained for five years. Disposal of records must be performed in a confidential manner.

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.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.