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S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions

South CarolinastatuteSouth Carolina Department of Public Health (DPH) / Healthcare Quality (formerly DHEC, Bureau of Health Facilities Licensing)

What this rule requires your agency to do

  • 1For an applicant whose South Carolina residency during the preceding twelve months can be verified, the direct care entity must conduct a state (SLED) criminal record check. (S.C. Code Ann. § 44-7-2910(C))(S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions)
  • 2For an applicant whose South Carolina residency during the preceding twelve months cannot be verified, the direct care entity must conduct a state criminal record check before employment and must commence a federal (FBI) criminal record check after employment. (S.C. Code Ann. § 44-7-2910(C))(S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions)
  • 3The entity must apply these screening requirements to every person meeting the broad statutory definition of 'direct caregiver,' including licensed nurses, CNAs, therapists, unlicensed persons providing physical assistance, and any staff whose duties include the possibility of patient or client contact. (S.C. Code Ann. § 44-7-2910(B)(2))(S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions)
  • 4The direct care entity (including a home health agency, in-home care provider, or hospice) must conduct a criminal record check as provided in the section prior to employing or contracting with a direct caregiver. (S.C. Code Ann. § 44-7-2910(A))(S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions)
  • 5An employment agency must conduct a criminal record check before furnishing an employee to a direct care entity. (S.C. Code Ann. § 44-7-2910(A))(S.C. Code Ann. § 44-7-2910 - Criminal record check for direct caregivers; definitions)

Applies to: home care / home health / hospice / in-home care providers (direct care entities employing or contracting with direct caregivers)

South Carolina statute requiring every "direct care entity" — expressly including home health agencies, in-home care providers, and hospice programs — to conduct a criminal record check on any "direct caregiver" before employing or contracting with them. Employment agencies must likewise screen before furnishing staff. A state (SLED) criminal record check is required for applicants with verified SC residency in the preceding 12 months; applicants without verified SC residency require a state check before employment and a federal (FBI) criminal record check commenced after employment. The statute broadly defines "direct caregiver" to include licensed nurses/therapists, CNAs, unlicensed persons providing physical assistance, and any staff whose duties include possible patient/client contact.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.