South Carolina Code of Regulations Chapter 93 - DEPARTMENT OF LABOR, LICENSING AND REGULATION - SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS
South Carolina Code of Regulations Chapter 93
Department of Labor, Licensing and Regulation – South Carolina Board of Long Term Health Care Administrators
What is the South Carolina Board of Long Term Health Care Administrators?
The South Carolina Board of Long Term Health Care Administrators is an administrative body under the Department of Labor, Licensing and Regulation responsible for licensing, regulating, and overseeing the professional conduct of individuals who manage long-term health care facilities, such as nursing homes and assisted living centers.
The Board’s mission is to protect the health, safety, and welfare of the public by ensuring that long-term health care administrators meet professional standards and operate facilities competently and ethically.
Purpose of Chapter 93 Regulations
The regulations set forth in Chapter 93 provide the framework for:
Licensing and Certification:
Establish qualifications, application procedures, and examination requirements for individuals seeking licensure as long-term health care administrators.
Set out requirements for renewal, reinstatement, and continuing education to maintain licensure.
Standards of Practice and Conduct:
Define professional standards administrators must follow to ensure competent facility management.
Include ethical guidelines, responsibilities, and duties to residents and the public.
Disciplinary Procedures:
Outline grounds for disciplinary action such as negligence, misconduct, fraud, or violation of laws and regulations.
Specify procedures for investigation, hearings, sanctions, and appeals.
Continuing Education:
Require licensees to complete ongoing education to stay current with changes in health care regulations, administration practices, and ethical standards.
Structure of Chapter 93
Licensing Requirements: Education, experience, examinations.
Application and Renewal: Process, fees, timelines.
Code of Ethics and Professional Conduct: Standards expected of licensees.
Disciplinary Actions: Complaints, investigations, hearings, penalties.
Continuing Education: Minimum hours, approved courses, documentation.
Administrative Law Principles and Case Law Concepts
Scope of Board Authority:
The Board exercises authority granted by the Department and must operate within the scope of the regulatory framework.
Any action beyond its statutory or regulatory authority can be challenged and invalidated.
Licensing as a Regulatory Privilege:
Licensure is not an inherent right but a privilege conditioned on meeting specific criteria.
The Board has discretion in granting, renewing, or revoking licenses but must apply rules fairly and consistently.
Due Process in Disciplinary Actions:
Licensees facing discipline are entitled to notice of charges, the right to counsel, an impartial hearing, and an opportunity to present evidence.
The Board’s findings and sanctions must be supported by substantial evidence.
Judicial Review:
Courts reviewing Board decisions assess whether the Board acted within its authority, followed proper procedures, and based decisions on evidence.
Arbitrary or capricious decisions can be overturned.
Hypothetical Case Example
Scenario: A licensed long-term health care administrator is accused of failing to ensure adequate care standards in a nursing facility.
Board Action: An investigation is launched, and the administrator is notified of disciplinary charges.
Hearing: After a hearing where evidence is presented, the Board suspends the administrator’s license for six months.
Appeal: The administrator challenges the decision, arguing insufficient evidence and procedural errors.
Court Review: The court reviews the administrative record and upholds the Board’s decision because it followed proper procedures and had substantial evidence supporting the sanction.
Summary
Chapter 93 governs the licensure, regulation, and discipline of long-term health care administrators in South Carolina.
The Board ensures that administrators are qualified and maintain professional standards.
Disciplinary proceedings are subject to due process protections.
Courts defer to the Board’s expertise but require fairness, procedural regularity, and evidence-based decisions.
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