South Carolina in-home care license application: DPH’s Form 1307, step by step

• The right license. "Care services provided by caregivers are strictly limited to non-medical tasks." The rule lists 13 tasks, ending with medication reminders (R.60-122 §700.B). A home health agency provides part-time or intermittent skilled nursing ordered by a physician, APRN or PA, under an RN, plus at least one other service. It needs a different license and a Certificate of Need (S.C. Code 44-69-20(5), 44-69-75(A)).
• The name. The name may not match or resemble another South Carolina licensee’s. A franchise location must include its geographic area in its name. DPH decides whether names are similar (R.60-122 §103.E). Our suggestion: search DPH’s Find a Facility list before you print anything (DPH, Find a Facility).
• The office. "The primary office must be in an office that is in a commercially zoned or unzoned area." "For the primary office, the applicant must obtain a county or municipal zoning permit to operate the provider." (R.60-122 §103.D.1) By our reading, a home in a residential zone does not qualify. All records are kept at the primary office (R.60-122 §102.S). The administrator and office requirements.
• The insurance. Keep liability insurance or a surety bond of at least $100,000 per occurrence and $300,000 aggregate. Indemnity coverage for clients’ injuries and losses, and workers’ compensation, come on top (R.60-122 §302).
• An administrator. Each provider must have an administrator responsible for overall management and operation. The rule sets no qualifications. (R.60-122 §401) No nurse is required for the license (R.60-122 §402.B, §406.A).
• The policies. "Written policies and procedures addressing each section of this regulation regarding client care and operation of the provider shall be developed." (R.60-122 §301.A) DPH sees only the drug testing policy with the form, but see DPH’s decision on why the rest should be ready too. The policies, section by section.
• Separate lines of business. If the provider offers other services (for example private duty nursing), keep them separate: separate marketing, caregiver records and client records. (R.60-122 §103.C.6)

The contact person. Part A asks for the "Name of person who can make licensure/operation decisions about facility and address where you want to receive ALL correspondence, including the license" (Form 1307, Part A). Our suggestion: name someone who reads email every day, because the license itself goes to that address.

What the rule wants the form to show. The rule says the application gives the provider’s full name and address, the owner’s name and address if different, and the names of the persons in control of the provider. (R.60-122 §103.F) DPH may ask for more information, including evidence that the applicant can comply with the rule. (R.60-122 §103.F)

Who signs, form and rule. DPH’s form names the head of the LLC for an LLC (Form 1307, Part D); the rule names only owners (individual or partnership) and two officers (corporation) (R.60-122 §103.F). Neither says how many members sign for an LLC with several members. Ask DPH, because every signer needs the checks below.

The statute sets the duty: "Before becoming licensed as an in-home care provider, a person must undergo a criminal record check as provided for in regulations promulgated by the department pursuant to Section 44-70-40 and submit to a drug test." (S.C. Code 44-70-60(A)) The rule applies it to everyone who signs the application.

The SLED check

Each signer "shall undergo a State Law Enforcement Division (SLED) name-based criminal records check", and the evidence must not be older than 90 calendar days when DPH receives it (R.60-122 §103.G). SLED says a CATCH search is name-based only and covers South Carolina records only. (SLED CATCH) It costs $25 plus an online service fee (SLED CATCH, Fees & Payments). By our reading a CATCH report is the check the rule means, but DPH has not said so; ask DPH.

What bars a license. No license if a signer must register as a sex offender or has a conviction or plea for abuse, neglect or exploitation of a vulnerable adult, unlawful conduct toward or cruelty to children, any violent crime, any other drug-related felony, or forgery, embezzlement or breach of trust with fraudulent intent. Signers must report such convictions to DPH immediately. (R.60-122 §103.G.1-2) This list is for the signers; caregivers have their own list (R.60-122 §405.G).

The drug test

Each signer takes a 5-panel urine, hair, saliva or blood screen for cannabis, cocaine, amphetamines, opiates and phencyclidine. "The test must be taken not earlier than thirty (30) days before the Department’s receipt of the licensure application." (R.60-122 §103.H) "Test results shall be received and reviewed by a person other than the person being tested and who is not related to the person being tested by blood or marriage." (R.60-122 §103.H) A positive test means denial unless a physician states it came from a prescribed medication (R.60-122 §103.H).

The documentation. For a laboratory test, the documentation is the laboratory’s result. For a test done in the office: the name, date, time and signature of the person tested and of the unrelated reviewer, the type of screen with the kit’s manufacturer and model, the date, time and result, and the kit’s lot number and expiry date. (R.60-122 §103.H.1-5)

Timing

Both windows run to the day DPH receives the application, not the day you sign it. By our reading, order the SLED check and take the drug test in the last few weeks before you send, and email the application, DPH’s preferred method (Form 1307, p. 1), so the receipt date is clear. After licensing, signers stay subject to random drug testing (R.60-122 §402.C).

How to pay. The rule says fees are paid to DPH "via a secured portal or specific website" and are not refundable (R.60-122 §103.I), and "Proof of payment is required for all applications submitted." (Form 1307, Instructions) Neither the form nor DPH’s in-home care page names the portal; ask DPH (803-545-4370) how to pay before you send.

If DPH says no. "If the application is denied, a portion of the fee may be refunded based upon the remaining months of the licensure year." (R.60-122 §103.I)

Other costs (not DPH license fees). SLED CATCH checks for the signers, drug screens, the insurance, and an office in a commercially zoned or unzoned area are market costs we have not surveyed. License cost and timeline.

• Substantial compliance first. "An initial license shall not be issued to a proposed provider until the applicant has demonstrated to the Department that the proposed provider is in substantial compliance with the licensing standards." (R.60-122 §103.B) The rule does not say how you demonstrate it.
• A visit is possible. The rule defines an inspection as "A visit by individuals authorized by the Department to a proposed or licensed in-home care provider for the purpose of determining compliance with this regulation" (R.60-122 §102.L), and DPH uses inspections, investigations, applications and other documents about a proposed or licensed provider to enforce the rule (R.60-122 §201). Whether DPH visits every applicant before the first license is not stated, and we could not confirm DPH’s practice. Our suggestion: have the whole manual, staff files and client forms ready before you apply.
• Other DPH licenses. If the applicant already has a facility, activity or provider licensed by DPH, that one must be in substantial compliance before DPH licenses the new provider or amends a license. (R.60-122 §103.B) Current or past violations of the S.C. Code or DPH regulations may put at risk a license for the provider, or for any other provider or addition owned or operated by the licensee. (R.60-122 §103.A)
• Money owed. Before DPH issues a license, the applicant pays all outstanding fees (initial, annual and inspection fees) and any finally assessed monetary penalties. (R.60-122 §103.F)
• How long. Neither the rule nor DPH’s pages give a processing time; ask DPH. DPH’s form warns: "Application must be complete and legible. Any missing information may result in delays in processing this application." (Form 1307, Instructions)
• Until the license arrives. "without first obtaining a license from the Department" covers operating, advertising and marketing (R.60-122 §103.A). If DPH finds services being provided without a license, the owner must stop at once and make sure clients are safe. (R.60-122 §103.A)
• A refusal. When DPH finds a violation of a statute or regulation on running the provider, it may, after proper notice, impose a monetary penalty or deny, suspend or revoke the license. (R.60-122 §204) The statute says sanctions may be appealed under S.C. Code 44-1-60. (S.C. Code 44-70-40(8)) That section was written for DHEC; we have not checked how the appeal route works for DPH after Act 60, so ask a lawyer if you need it.

Once licensed. Post the license in a public area of the business office, or keep it readily available to the public. (R.60-122 §103.C.1) A license covers a named provider at specific locations: the primary office and any registered multiple locations. (R.60-122 §103.C.4) Every caregiver then needs a criminal record check, registry checks and a negative drug test before starting (R.60-122 §402, §405). Caregiver background checks.

• Every year, before expiry. "For a license to be renewed, applicants shall file an application with the Department, including any required documentation to evidence compliance with the regulation and pay a license fee of eight hundred dollars ($800)." (R.60-122 §103.K)
• On the form. For a renewal, tick Renewal and enter the license number and expiration date. The name must appear exactly as it did the year before, and DPH asks for the random drug testing policy, the liability insurance and the workers’ compensation coverage again. (Form 1307, Instructions)
• Form and rule differ. The rule’s list of evidence (insurance or bond, indemnity, workers’ compensation, the signers’ checks and drug tests, the random drug testing policy) is for an application for an initial license. DPH’s form asks for the drug testing policy and insurance evidence with renewals too. (R.60-122 §103.F; Form 1307) By our reading, send the three documents every year, because DPH processes the form; ask DPH whether it also wants the signers’ checks again.
• Late. "Failure to submit the renewal application, licensing fee, and late fee within thirty (30) days of the license expiration date shall render the provider unlicensed." (R.60-122 §103.J) DPH’s monthly enforcement reports from January 2025 to July 2026 show two orders against in-home care providers, both $300 consent orders for late renewals. None cites the 2026 rule yet. (DPH enforcement actions)
• Even mid-change. "The current licensee is responsible for renewal of the license prior to the expiration date regardless of any changes or pending approvals" (Form 1307, Notice)
• Your caregiver checks. The statute says the department verifies that a direct care entity is running the required criminal record checks before it issues a renewal license, and acts as the channel for federal checks. (S.C. Code 44-7-2940) Violating the direct caregiver check law brings a civil fine of $100 for the first violation and $500 for each later one, paid before the license is renewed. (S.C. Code 44-7-2950)
• Licensed before May 22, 2026? The rewritten rule applies to you too, with no transition period (R.60-122 §101). The rule gives no grace period until renewal, so by our reading anything still missing (the zoning permit, the policies, the client paperwork) is due now. Your to-do list, or choose "Already licensed" in the license checklist.

• Moving or renaming. "A provider shall request issuance of an amended license by application to the Department prior to any of the following circumstances" a change of location from one site to another, or a change of name or postal address. "An amendment fee of fifty dollars ($50) is required for each amendment." (R.60-122 §103.L) On the form, tick Change Request, complete Part C, Section 1, and Part D only (Form 1307, Instructions). A new primary office has to meet the zoning rule (R.60-122 §103.D.1).
• A new office alongside the primary one. "A provider shall not establish, operate, or maintain a multiple location or represent itself as such without first registering the multiple location by application to the Department and receiving approval of the registration from the Department." (R.60-122 §103.D.2) Form 1307 does this in Part C, Section 3, and "Check this box to affirm that all multiple locations are providing full scope of service." (Form 1307, Part C, Section 3) The registration lasts until the license in force when it was approved expires (R.60-122 §103.D.4). The rule does not say whether it then renews with the license; ask DPH.
• A new administrator. DPH says any change in administrator must be reported to its Bureau, and has an online form for it (DPH, Submit Information). R.60-122 itself does not mention the report or set a deadline; by our reading, send the form as soon as the change happens.

• No transfer. A license cannot be sold or transferred. A change in controlling interest or legal entity (for example sole proprietor to corporation) needs a new license applied for beforehand. (R.60-122 §103.C.3, §103.M) The statute says the same: a license is "not transferable or assignable" (S.C. Code 44-70-50).
• What counts. "A change in the controlling interest even if, in the case of a corporation or partnership, the legal entity retains its identity and name", or "A change of the legal entity, for example, sole proprietorship to or from a corporation, partnership to or from a corporation, even if the controlling interest does not change." (R.60-122 §103.M)
• On the form. "Application must be completed by new owner, as licenses are not transferable." Part C, Section 2 gives the current and new owner, each signing and dating (Form 1307, Part C, Section 2). The form has three boxes: Initial, Renewal and Change Request. DPH says to tick Initial only the first time you apply for a license, and not for a change of ownership of an existing licensed provider. (Form 1307, Instructions)
• The seller keeps renewing. DPH’s form says the current licensee must renew before the expiration date even if a change, such as a change of ownership, is still waiting for DPH’s approval. (Form 1307, Notice)
• Not settled. The signers’ SLED check and drug test are "To obtain an initial license" (R.60-122 §103.G-H), while the statute requires both before a person becomes licensed (S.C. Code 44-70-60(A)). By our reading, have the new signers’ checks and tests ready. The rule also does not say whether the buyer may run the agency under the seller’s license while DPH decides. Ask DPH before the sale closes.

"The provider may request a variance to this regulation in a format as determined by the Department." DPH decides case by case and may revoke a variance (R.60-122 §103.N). DPH has a form for this. DPH’s Request for Exception to Licensing Standard (0226-ENG-DPH) is for licensed and proposed providers. It asks for the standard, the specific requirement, why the exception is needed and how the protection the standard gives will still be provided. Send it to ExR.BHFL@dph.sc.gov or by mail; DPH answers in writing. (Form 0226-ENG-DPH) If DPH approves an exception, the applicant signs and returns DPH’s letter for it to take effect; DPH’s instructions say not returning it within 7 days counts as withdrawing the request. Keep a copy of the decision for inspections. (Form 0226-ENG-DPH, Instructions)

The rule says "variance" and the form says "exception"; by our reading the form is the format DPH has set for both. The case most agencies ask about is the office: an agency licensed before May 22, 2026 and run from a home in a residential zone. The zoning rule has no exception for earlier licensees (R.60-122 §103.D.1), so ask before you rely on one. The primary office and zoning.

• Suspended. "Prior to reinstatement of a suspended license, the licensee shall submit a reinstatement fee of four hundred dollars ($400)." (R.60-122 §103.K.1), a DPH fee.
• Revoked. "Prior to reinstatement of a revoked license, the licensee must apply for a license as provided for in Section 103 of this regulation along with the initial licensing fee. Any time remaining from the revoked license is forfeited." (R.60-122 §103.K.2)
• Penalties. Penalties range from $100 to $5,000 per violation, set by a schedule: for example $500 to $1,500 for a first Class I, $300 to $800 for a first Class II and $100 to $300 for a first Class III violation. (R.60-122 §205.F) Inspections and incident reporting.

• Temporary closure. Before a temporary closure, tell DPH in writing of the intent to close and the date; within 10 business days before closing, tell DPH how records are kept, which clients need transfer and the expected reopening date. (R.60-122 §502.A) After more than a year closed, DPH decides whether to inspect before you reopen (R.60-122 §502.A).
• Permanent closure. Tell DPH in writing of the intent to close and the date; within 10 business days before closing, give DPH the records arrangements, the clients who need transfer, and the dates and amounts of client refunds. "On the date of closure, the provider shall return the license to the Department." (R.60-122 §502.B)
• Clients. "Prior to permanent or temporary closure, the provider shall provide all clients written notice of the closure at least ten (10) business days prior to the closure." Give them a list of licensed providers for continued care (R.60-122 §502.C, §700.C).
• Records. "The licensee shall notify the Department, in writing, describing these arrangements and the location of records." Client records are kept at least five years after services end (R.60-122 §602.B-C).