1. A. No DDSN Sponsored program shall be operated in part or in full for the care, maintenance, education, training, or treatment of more than two persons with Intellectual Disability or a Related Disability (ID/RD), Autism Spectrum Disorder (ASD), Head Injury, Spinal Cord Injury (SCI), and Similar Disability (SD), unless a license is first obtained from the Department. “In part” shall mean a program operating for at least ten (10) hours a week.

2. B. Specifically excluded from this requirement is any program which is:

   1. (1) Operated by an agency of “the state”;
   2. (2) An integral part of a public or private school or center which is licensed, certified, or accredited by the South Carolina Department of Education or is sponsored by a school district;
   3. (3) Licensed as a community residential care facility, skilled care facility, intermediate care facility, or hospital;
   4. (4) A day care center licensed by the Department of Social Services; or
   5. (5) Clinical programs operating under the guidance of a Licensed Practitioner of the Healing Arts with program activities designed to provide therapeutic benefits towards a physical or mental health diagnosis.
3. C. No setting or program shall accept Participants for care, maintenance, education, training, or treatment other than that for which it is licensed.
4. D. It is intended that the Department not duplicate other State agency programs or develop service modalities which normally would be considered to be the legal and programmatic mandate of another State agency.
5. E. All Licensees will meet the statutory standards prohibiting abuse, neglect, or exploitation of adult or child Participants and are expected to comply with State law concerning the reporting of known or suspected cases to the appropriate State authority and to the Department if the victim is a DDSN Participant.

Code Commissioner's Note

Pursuant to 2011 Act No. 47, Sections 14(B), the Code Commissioner substituted “intellectual disability” for “mental retardation” and “person with intellectual disability” or “persons with intellectual disability” for “mentally retarded.” At the Code Commissioner’s discretion, the substitution was not made for the formal reference to the South Carolina Department of Mental Retardation in this regulation.

HISTORY: Renumbered from 88-105 and amended by SCSR 48-5 Doc. No. 5179, eff May 24, 2024.