(A) It is unlawful for a person to administer, manage, or supervise, or be in administrative charge of a nursing home, community residential care facility, or habilitation center for persons with intellectual disability or persons with related conditions, unless the person is licensed in accordance with this chapter.
(B) It is unlawful for a person to act or serve in the capacity of a nursing home administrator or community residential care facility administrator unless the person is licensed in accordance with this chapter.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year.
(D) A person who violates subsection (A) or (B) is subject to a civil penalty imposed by the board of not more than two hundred dollars per day, not to exceed a total of twenty thousand dollars and may be sanctioned in accordance with Section 40-35-130.
HISTORY: 2004 Act No. 293, Section 1; 2014 Act No. 271 (H.4550), Section 3, eff June 9, 2014.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
Effect of Amendment
2014 Act No. 271, Section 3, in subsection (B), inserted "community" before "residential care facility administrator".
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 35 - Long Term Health Care Administrators
Section 40-35-5. Applicability; conflicts of law.
Section 40-35-20. Definitions.
Section 40-35-30. Supervision of facilities and centers by licensed administrators.
Section 40-35-40. Issuance of license; qualifications and requirements.
Section 40-35-60. Rules and regulations.
Section 40-35-70. Additional powers and duties of the board.
Section 40-35-80. Investigation of complaints and violations.
Section 40-35-90. Disciplinary action in accordance with Administrative Procedures Act.
Section 40-35-100. Cease and desist orders; temporary restraining orders.
Section 40-35-110. Misconduct.
Section 40-35-115. Jurisdiction.
Section 40-35-130. Denial of licensure.
Section 40-35-150. Voluntary surrender of license.
Section 40-35-170. Payment of investigation and prosecution costs.
Section 40-35-180. Payment of costs and fines.
Section 40-35-190. Confidentiality of investigations and proceedings.
Section 40-35-200. Licensure requirement; criminal and civil penalties for violation.
Section 40-35-210. Injunctive relief.