ORDERS:
ORDER
STATEMENT OF FACTS
A. Metro Treatment of South Carolina, LP (Licensee) has been the holder of a license
to operate Greenville Metro Treatment Center, Inc. (Facility). Columbia Metro Treatment Center,
Inc., (Facility), and York County Treatment Center, Inc. (Facility) (collectively, Treatment Centers),
issued by the South Carolina Department of Health and Environmental Control (Department)
pursuant to S.C. Code Ann. § 44-7-110 et seq. (Supp. 1997).
2. The Department is the state agency designated to license and regulate methadone
clinics in the State of South Carolina. Facilities are licensed by the Department pursuant to S. C.
Code Regs. 6-93 (1976), as amended), Outpatient Facilities for Chemically Dependent or Addicted
Persons, and dispense methadone to persons addicted to heroin and/or cocaine.
3. The Department notified the Licensee by letters dated February 13, 1998 (Attachment
A), February 19, 1998 (Attachment B), and March 9, 1998 (Attachment C) that it was imposing a
monetary penalty of $29,000.00 on Columbia Metro Treatment Center, Inc.; $36,750.00 on
Greenville Metro Treatment Center, Inc. and $51,000.00 on York County Treatment Center, Inc. for
not having appropriately credentialed counselors at the Facilities. The letters advised that the
Licensee had the right to appeal, but unless an appeal was timely filed in accordance with S.C. Code
Ann. § 44-7-320(B) (Supp. 1997), the determination to impose these penalties would become final
thirty days from the mailing of these letters.
4. The Licensee timely filed appeals which the Department forwarded to the
Administrative Law Judge Division on April 20, 1998. In its Pre-Hearing Statement are Petition
filed with Administrative Law Judge Division, the Licensee argued, inter alia, that the Department
exceeded the scope of its authority to impose the said penalties, that the Department was enforcing
guidance as if it were a regulation, and the Respondents in fact complied with the language of S.C.
Code Ann. Reg. 61.93 § 204 (c)(1).
5. The Department met on several occasions with either the Licensee or its
representative. During a meeting on September 1, 1998, the Licensee indicated that each Facility
had a credentialed counselor and that all other counselors at the Facilities were engaged in the
credentialing process.
THEREFORE, IT IS AGREED
1. In consideration of the assurances by the Licensee that each Treatment Center has at
least one credentialed counselor at each Facility and has other counselors engaged to become
credentialed, and upon confirmation from The South Carolina Association of Alcoholism and Drug
Abuse Counselors (SCAADAC) that counselors are either credentialed or engaged in the
credentialing process, the Department agrees to settle and terminate these proceedings on the
following terms and conditions.
2. Without admitting or denying any violation of S.C. Code Ann. Reg. 61-93 § 204
(C)(1) and in order to resolve its differences with the Department, the Licensee agrees to submit
payment of $30,000.00 within thirty (30) days of receipt of a copy of this fully executed Consent
Order. This payment is made solely for the purpose of settling these disputed proceedings and is not
and should not be construed as an admission of wrongdoing or liability.
3. In addition, the Licensee agrees to:
A. Maintain at least one credentialed counselor at each Facility except for short
periods of time not to exceed sixty (60) days, or additional time as the Department, at its discretion,
may from time to time allow when there has been good cause shown, when there has been either a
voluntary or involuntary termination of a credentialed counselor;
B. Maintain the enrollment of the other counselors in the credentialing process;
C. Remain in substantial compliance with the terms of R.61-93.
In the event that a Facility does not have a credentialed counselor or there is evidence that
counselors are not engaged in the credentialing process during the twelve months following
execution of this Consent Order, the Department shall have its rights to enforce this Consent Order
or to seek full enforcement in accordance with § 103.C., S.C. Code Regs. 61-93 (Supp. 1997).
D. It is understood by the parties that engagement in the credentialing process
occurs shortly after a counselor's date of hire; however, formal application to SCAADAC or any
other approved credentialing entity will not normally commence until completion of a counselor's
probationary period.
4. It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (Supp. 1997)
provides that "Failure to pay a penalty within thirty days is grounds for suspension, revocation, or
denial of a renewal of a license. No license may be issued, reissued, or renewed until all penalties
finally assessed against a person or facility have been paid."
5. The Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of Columbia Metro Treatment
Center, Inc., Greenville Metro Treatment Center, Inc., and York County Treatment Center, Inc. for
any other claimed violation of the law and regulations administered by the Department.
However, this Consent Order fully and finally resolves all of the claims and actions that the
Department may have had with respect to the claims herein made, except any claim that the
Department may have that the Licensee has failed to comply fully with the terms of this Consent
Order.
6. The Licensee, or its designee, shall take immediate steps to correct all alleged
violations noted in Attachments A, B, and C and any and all other conditions cited by the
Department in previous inspections. The Licensee will have established procedures to ensure
compliance with R.61-93, Standards for Licensing, Outpatient Facilities for Chemically Dependent
or Addicted Persons.
7. It is further understood that nothing in this Consent Order will limit in anyway the
Department's rights under the law with respect to future violations of these regulations or applicable
licensing statutes. Such violations may result in the imposition of penalties or revocation of the
licenses to operate Columbia Metro Treatment Center, Inc., Greenville Metro Treatment Center, Inc.,
and York County Treatment Center, Inc., pursuant to S.C. Code Ann. § 44-7-320 (Supp. 1997) and
the administrators of the Treatment Centers have been informed of these potential actions.
8. In recognition of the fact that current differences between the Department and the
Treatment Centers regarding maintaining a credentialed counselor at each Facility and enrolling
other counselors to become credentialed have been resolved, it is the Department's determination
that the public interest would not be served by any other action against these Facilities.
9. The actions entitled South Carolina Department of Health and Environmental Control
v. Greenville Metro Center, Inc., Docket No. 98-ALJ-07-0177-CC; South Carolina Department of
Health and Environmental Control v. Columbia Metro Treatment Center, Inc., Docket No. 98-ALJ-07-0178-CC; and South Carolina Department of Health and Environmental Control v. York County
Treatment Center, Inc., Docket No. 98-ALJ-07-0234-CC, are hereby resolved. The Department now
terminates its action against the Respondents as set forth in Attachments A, B, and C, and
Respondents agree to withdraw their appeals before the Administrative Law Judge Division.
AND IT IS SO ORDERED
______________________________
November 10, 1998
Marvin F. Kittrell Date
Chief Administrative Law Judge |
