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S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards)

South CarolinastatuteSouth Carolina Department of Public Health (formerly DHEC), Division of Healthcare Quality

What this rule requires your agency to do

  • 1The provider must apply for and obtain a license issued by the Department before operating as an in-home care provider. (S.C. Code Ann. 44-70-30)(S.C. Code Ann. 44-70-30)
  • 2The provider must ensure each employee, agent, independent contractor, or referral satisfies required criteria before providing in-home care service, including personal information, minimum education, minimum training and continuing education, and screening for communicable diseases. (S.C. Code Ann. 44-70-40(6))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 3The provider must maintain liability and other appropriate insurance coverage as required by regulation. (S.C. Code Ann. 44-70-40(7))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 4The provider must satisfy licensee duties including bonding, record keeping, and reporting requirements. (S.C. Code Ann. 44-70-40(4))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 5The provider must not transfer or assign its license, and remains subject to suspension, revocation, or monetary penalty for violations of the chapter. (S.C. Code Ann. 44-70-40(8), 44-70-50)(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 6The provider must ensure drug testing of licensure applicants is conducted. (S.C. Code Ann. 44-70-40(3))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 7The provider must ensure licensure applicants undergo criminal record checks, which may screen for offenses that preclude licensure. (S.C. Code Ann. 44-70-40(2))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))
  • 8The provider must comply with license application and renewal procedures established by Department regulation. (S.C. Code Ann. 44-70-40(1))(S.C. Code Ann. 44-70 - Licensure of In-Home Care Providers Act (esp. 44-70-30 license requirement; 44-70-40 regulatory standards))

Applies to: personal care / in-home care (non-medical assistance with ADLs); excludes licensed home health agencies, direct-hire arrangements, and religious organizations

South Carolina's Licensure of In-Home Care Providers Act (Title 44, Chapter 70) requires any business entity providing non-medical in-home care (assistance with activities of daily living such as walking, bathing, dressing, feeding) for compensation to obtain a license from the Department. Section 44-70-30 mandates licensure; Section 44-70-40 directs the Department to promulgate regulations governing application/renewal, criminal record checks, drug testing, licensee duties (bonding, recordkeeping, reporting), employee screening/training criteria, insurance, and sanctions.

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