Telephone: (803) 896-4544
April Koon Stephanie Calhoun Georgia Lewis
Program Coordinator I
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Telephone: (803) 896-4544
TO: State Licensed Administrators
FROM: Dana B. Welborn, Board Administrator
DATE: January 15, 2003
RE: Interpretive Guidelines for Regulation 93-65(B)
On January 7, 2003, the Board updated and clarified its interpretation of normal work hours for administrators. The guidelines were developed for immediate implementation and enforcement of the regulation. Please read the guidelines below and make any necessary adaptations to your current work schedule and availability.
Regulation 93-65 states:
93-65. Operating a Facility Without a License.
A. No nursing home or community residential care facility within the State may operate except under the supervision of a licensed administrator.
B. It is unlawful and constitutes a misdemeanor for any person to act or serve in the capacity of a nursing home administrator or a community residential care facility administrator, unless he is the holder of a license issued in accordance with the provisions of these regulations. The following are the instructions as to how facilities are grouped to determine when a second administrator is required to operate a Community Residential Care Facility.
(1) For combinations of Community Residential Care Facilities and/or other licensed facilities, having the same licensee, on one property, regardless of the number of beds, one full-time licensed administrator must be on site or available during normal business hours.
(2) For one Community Residential Care Facility with more than ten beds on one property, there must be a full-time licensed administrator during normal business hours.
(3) For one Community Residential Care Facility with ten beds or less on one property, there must be an administrator who is on site a minimum of twenty hours per week with time spent in the facility during normal business hours, equitably distributed daily.
(4) When a combination situation exists that does not comply with item (1) above, a second facility must be ten or fewer beds and be within the same five number zip code or no further than a twenty-mile radius of the combination site.
The interpretive guidelines for R93-65(B) are:
The Board interprets the phrase "full-time" to mean no less than 37.5 hours per week.
The Board interprets the phrase "available" to mean accessible directly or by electronic means and able to respond immediately. An administrator is not "available" during time that he or she is providing services to another employer or business.
The Board interprets the phrase "normal business hours" to mean the hours between 7:00 a.m. and 7:00 p.m. Specifically for the Community Residential Care Facility Administrator of a facility with 10 beds or less, the minimum of twenty hours a week must be equitably distributed daily. In order to be "equitably distributed," four hours may be scheduled each day, Monday through Friday. In the alternative, up to 5 of the hours can be accumulated on Saturday and Sunday and, if hours are accumulated on weekends, the hours worked Monday through Friday must be distributed over portions of at least three days.
The changes are EFFECTIVE IMMEDIATELY.
If you or your organization has questions about the interpretive guidelines, feel free to contact me at 896-4544 or firstname.lastname@example.org. Written notice is being sent to the Division of Health Licensing at DHEC this week.