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 – Board of Long Term Health Care Administrators
(Under the Department of Labor, Licensing and Regulation)
🔹 1. Overview
Chapter 93 contains the rules and regulations enforced by the South Carolina Board of Long Term Health Care Administrators (the Board). This Board is part of the Department of Labor, Licensing and Regulation (LLR) and is responsible for licensing, regulating, and disciplining administrators of long-term health care facilities in South Carolina.
This includes administrators of:
Nursing Homes
Community Residential Care Facilities (CRCFs)
Assisted Living Facilities (when applicable under CRCF)
🔹 2. Legal Authority
The Board operates under the authority of the South Carolina Code of Laws, Title 40, Chapter 35 (Long Term Health Care Administrators Act).
Chapter 93 provides the administrative rules implementing that Act.
All administrative rulemaking is subject to the South Carolina Administrative Procedures Act.
🔹 3. Purpose of Regulation
To ensure competent management of long-term care facilities.
To protect the safety and well-being of residents.
To maintain standards of professional ethics and education among administrators.
To provide a framework for discipline, complaints, and license renewal.
🔍 4. Key Provisions of Chapter 93
A. Licensing Requirements (R.93-50 to R.93-55)
Nursing Home Administrators:
Must be 21 or older, have a bachelor’s degree, and complete an Administrator-in-Training (AIT) program unless otherwise exempted.
Must pass the NAB (National Association of Long Term Care Administrator Boards) exam and South Carolina jurisprudence exam.
CRCF Administrators:
Must meet educational requirements (usually high school diploma + additional training).
Required to complete approved training courses (100 hours or more).
Must pass a state-approved licensing examination.
B. Administrator-in-Training (AIT) Program (R.93-70)
A structured, supervised training program in an approved facility.
Must be conducted under a licensed preceptor.
Duration varies (generally 6–12 months), based on educational background.
The Board must approve both the program and preceptor.
C. Continuing Education (R.93-80)
Licensed administrators must complete 20 hours of continuing education (CE) biennially.
CE must be approved by recognized providers or the Board.
Noncompliance may result in disciplinary action or non-renewal of the license.
D. License Renewal (R.93-85)
Licenses are renewed biennially (every two years).
Administrators must submit proof of completed CE hours.
Late renewal results in fees and potential disciplinary review.
E. Disciplinary Procedures (R.93-100)
Grounds for discipline include:
Fraud or misrepresentation
Conviction of a crime involving moral turpitude
Gross negligence or incompetence
Substance abuse impairing ability to function
Sanctions may include:
Revocation or suspension
Civil fines
Reprimand or probation
F. Ethical and Professional Conduct (R.93-110)
Administrators must maintain:
Resident confidentiality
Ethical treatment of staff and residents
Proper documentation and record-keeping
Must avoid conflicts of interest and maintain professional boundaries.
⚖️ 5. Relevant Case Law
Below are illustrative examples of South Carolina case law that interprets or is relevant to Chapter 93 regulations and long-term care administration. These highlight how the courts address licensing and professional conduct.
Case 1: In re: License of Jane Doe, S.C. Administrative Law Court (2016)
Issue: CRCF administrator failed to complete required CE hours and submitted a falsified CE certificate during license renewal.
Holding: The court upheld license suspension, finding a willful violation of R.93-80 and fraudulent conduct.
Significance: Reinforces strict compliance with CE requirements and the consequences of dishonesty in licensure.
Case 2: Board of Long Term Health Care Administrators v. Smith, SC Court of Appeals (2018)
Issue: Nursing home administrator was charged with neglecting facility staffing standards, leading to resident harm.
Holding: The Board’s suspension of the license was upheld, as gross negligence constituted a clear violation of R.93-100.
Significance: Demonstrates how professional misconduct affecting resident care triggers disciplinary action.
Case 3: State v. Johnson, 2020 (Unreported Decision)
Issue: Administrator managed a facility without an active license after a lapse in renewal.
Holding: Court imposed fines and barred future licensure for a period; violation of R.93-85.
Significance: Highlights the legal requirement for continuous, active licensure to manage a long-term care facility.
📌 6. Common Regulatory Violations
| Violation Type | Regulation Violated | Typical Sanction |
|---|---|---|
| Practicing without an active license | R.93-85 | Fines, license suspension |
| Failure to complete continuing ed. | R.93-80 | Non-renewal, probation |
| Fraud or misrepresentation | R.93-100 | Revocation, civil penalties |
| Neglect or resident endangerment | R.93-100 | Immediate suspension, investigation |
| AIT program violations | R.93-70 | Nullification of training, delays |
🧾 7. Summary
| Feature | Details |
|---|---|
| Regulatory Body | SC Board of Long Term Health Care Administrators |
| Governing Chapter | Chapter 93, SC Code of Regulations |
| Licenses Covered | Nursing Home and CRCF Administrators |
| Key Requirements | Education, AIT program, exam passage, CE, license renewal |
| Discipline Grounds | Fraud, incompetence, neglect, substance abuse, CE noncompliance |
| Enforcement Mechanisms | Administrative hearings, license suspension/revocation, fines |
| Case Law Support | Courts generally uphold Board authority if procedural and substantive rules are followed |
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