DHEC GAP ANALYSIS 2016-2017 Part I: Regulatory Mandates Division Program Name of Act Does the Act provide Is the provision Has the program If not Implemented, why? If "1" or "4" explain for regulation? (Y mandatory or promulgated 1 - Management Decision; or N) discretionary (M regulations? (Y 2 - Lack of Personnel; 3 - or D) or N) Lack of Funding; 4 - Other Public Health Acute Disease Epi Health Care Professional Y M N 4 Regs have not been promulgated b/c the Act has not been Compliance Act implemented. However, Health Licensing has promulgated regs for the reporting of accidents & incidents, citing to section 44-30- 60. Public Health Acute Disease Epi Health Care Professional Y M N 4 Regs have not been promulgated b/c the Act has not been Compliance Act implemented. However, Health Licensing has promulgated regs for the reporting of accidents & incidents, citing to section 44-30- 60. Health Regulation Trauma Stroke System of Care Act Y M N 3 DHEC’s duties pursuant to this article are contingent upon of 2011 adequate funding. We lacked sufficient funding in prior years to perform all of the duties set forth in this Act, and therefore did not promulgate a regulation. We were provided funding this FY (2017) for one FTE, who was hired in January. We are requesting additional funding (recurring) in next year’s budget to further implementation of the Act, including establishment and maintenance of a Stroke Registry. A Notice of Drafting of a proposed Stroke Regulation will be published in the April State Register. Based upon regulatory promulgation timelines, we anticipate presenting the proposed regulation to the Legislature for approval in 2018. Health Regulation MMO Emerson Rose Act Y M N 4 DHEC promulgated amendments to 61-102 in 2015 to include this Act; however, DHEC withdrew the regulation amendment from the General Assembly, due to proposed legislative initiatives. Awaiting revised statutory language before moving forward with regulatory changes. Health Regulation FSO Methadone Y M N 4 Amendments to Reg. 61-93 are needed to address statutory requirements in Sections 44-53-750 and -760 related to autopsies and minors. June 20, 2017 Healthcare and Regulatory Subcommittee Meeting Packet Page 60
Health Regulation Certificate of Need State Health Planning and Y M N 4 DHEC previously promulgated a reg, 61-6, under this Act, but it Development Act was repealed in 2012 on the basis that this Act is superseded by the CON and Licensure Act. Health Regulation Drug Control SC Controlled Substance Y M N 4 There are no specific regulations promulated under the Act. Act; 44-53-710 thru -760 Drug Control regulations at 61-4 do include sections pertaining to methadone, and Health Licensing regs do include sections pertaining to narcotic treatment centers. Health Regulation N/A SC Controlled Substance Y M N 4 Marijuana is a Schedule I substance. Consequently, it is unlawful Act; 44-53-610 through 660 under both state and federal law to manufacture, distribute, dispense, deliver, purchase, or possess marijuana. This Act would require the Director and the Department to possess and distribute marijuana in contravention of those laws, and provides no immunity from criminal prosecution for doing so. Health Regulation N/A SC Controlled Substance Y M N 4 This law is regulated by the EPA. Act; 44-53-50 Environmental Quality Division of Emergency Oil and Gas Exploration, Y M N 1 Emergency Response, certification and other requirements are Control Response/Oil & Chemical Drilling, Transportation and implemented in other provisions of this Act, or under other Emergency Response Production Act DHEC and/ or federal provisions, but no specific regulations have been adopted. Environmental Quality Division of Emergency Oil and Gas Exploration, Y M N 1 Emergency Response, certification and other requirements are Control Response/Terminal Facility Drilling, Transportation and implemented in other provisions of this Act, or under other Registration Certificate Production Act DHEC and/ or federal provisions, but no specific regulations have been adopted. Environmental Quality Multiple Expedited Review Program Y M N 4 Bureaus (BAQ and BOW) have implemented programmatic Control expedited review programs, but agency has not promulgated regulations for agency wide expedited review. June 20, 2017 Healthcare and Regulatory Subcommittee Meeting Packet Page 61
DHEC GAP ANALYSIS 2016-2017 Part II: Mandatory Statutes 1. Division Program Name of Act Statutory Citation Short Description Mandatory or Implemented (Y If not Implemented, If "i" or "iv" explain Discretionary or N) why? i-Mgmnt. (M or D) Decision; ii-Lack of Personnel; iii - Lack of Funding; iv - Other Public Health Client Services Establish Catawba Health 44-3-110 thru -150 There is hereby created the Catawba Health District consisting of M N iv Consolidated into four districts (called health regions) in 2013 as District Chester, Lancaster and York Counties. The Catawba Health a cost savings measure. The Catawba Health District is now part District shall be a subdivision of the Department of Health and of the Midlands Health Region. Under review. Environmental Control and shall be under the direction and control of the Department of Health and Environmental Control. The Director of the Department of Health and Environmental Control shall appoint, after consultation with the District Advisory Council, a district medical director whose duty it shall be to protect the public health in the district. Public Health Client Services Establish 44-3-120 There is also hereby created the Catawba Health District Advisory M N iv Consolidated into four districts (called health regions) in 2013 as Catawba Health District Council. Membership of the Advisory Council shall consist of a cost savings measure. The Catawba Health District is now part Advisory Council sixteen members and shall be based upon population and of the Midlands Health Region. The Catawba District Advisory is community needs of the district. The initial membership shall no longer functioning. consist of three members from Chester County, five members from Lancaster County and eight members from York County, who shall be appointed by the Governor upon the recommendation of the legislative delegations of the respective counties. Advisory Council members shall be appointed for terms commencing July 1, 1973. Public Health Tobacco SC Youth Smoking SC Code Sections 44-128-10 Outlines the provisions of the SC Youth Smoking Prevention Act, M N iii DHEC receives funding from the cigarette tax to support its youth Prevention Act through -50 funded by the Master Settlement Agreement, including the Youth tobacco prevention program. DHEC works with the SC Tobacco- Smoking Prevention Plan, reporting requirements, funding, and Free Collaborative. make-up of the Advisory Commission. Public Health Children's Health Head lice - voucher for 44-29-195 DHEC shall make available to eligible families, through the county M N iii Families access these medications through their providers or over- treatment products health departments, products or vouchers for products for the the-counter. DHEC no longer provides primary care. Demand for treatment of pediculosis. these products decreased to the point that the medications were For purposes of this subsection, a family is eligible if a child in the expiring before they could be given away. family is a student in the public school system and the child receives Medicaid or free or reduced school meals. Public Health Research and Planning Report of infants with 44-37-10 Should one or both eyes of an infant become reddened or M N This condition is no longer a public health concern because diseased eyes inflamed at any time after birth, the midwife, nurse or person prophylactic treatment is now available and is a standard of care. having charge of such infant shall report such condition at once This condition is not included on the SC List of Reportable to the county health department. Any person who fails to comply Conditions. with the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days. June 20, 2017 Healthcare and Regulatory Subcommittee Meeting Packet Page 62
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