Home Care Provider Background Check South Carolina: What § 44-7-2910 Requires

What South Carolina Law Requires

S.C. Code Ann. § 44-7-2910 mandates that every direct-care employee of a licensed healthcare facility or home care provider in South Carolina must undergo a criminal background check before having unsupervised access to patients. This applies to In-Home Care Providers licensed under DPH Regulation 60-122 (nonmedical care), Home Health Agencies licensed under Regulation 60-77 (skilled care), and community residential care facilities.

The law requires two layers of screening:

SLED criminal background check — run through the South Carolina Law Enforcement Division, this covers all criminal history within the state. The employer submits a request with the applicant's identifying information. Cost: approximately $25.

FBI fingerprint-based background check — a national criminal history search using the applicant's fingerprints, processed through the FBI's database. This catches criminal history in other states that a SLED check alone would miss. The applicant must be fingerprinted at an approved site and the prints are submitted electronically.

Both checks must be completed before the employee provides direct care. An agency that assigns a caregiver to your parent's home before receiving the results is violating state law.

What the Background Check Screens For

The check reveals criminal convictions and pending charges, including:

• Violent offenses (assault, battery, domestic violence)
• Sexual offenses
• Drug-related convictions
• Theft, fraud, and financial exploitation
• Elder abuse or neglect
• Any felony conviction

South Carolina law gives the employer discretion on hiring decisions based on the results — there is no automatic disqualification for every offense. However, certain findings effectively prohibit employment: anyone on the sex offender registry, anyone with a substantiated finding of abuse or neglect on the Nurse Aide Registry, or anyone listed on the OIG Exclusion List (which bars participation in Medicare and Medicaid programs) cannot be employed in a direct-care role.

What Licensed Agencies Must Do (and How to Verify)

Licensed In-Home Care Providers are required by DPH to maintain documentation showing that every caregiver has completed both the SLED and FBI checks before being assigned to a client. When interviewing agencies, ask these specific questions:

1. "Can you confirm in writing that every aide assigned to my parent has completed SLED and FBI background checks?" — the agency should be able to provide a written confirmation, not just a verbal assurance.

2. "Do you check the Nurse Aide Registry before hiring?" — this is separate from the criminal background check. The registry flags substantiated findings of abuse, neglect, or misappropriation of property against certified nursing assistants.

3. "Do you verify the OIG Exclusion List?" — the federal Office of Inspector General maintains a list of individuals excluded from participating in Medicare and Medicaid programs.

4. "How do you handle pending charges?" — some agencies prohibit assignment of caregivers with pending charges; others evaluate on a case-by-case basis. Know the agency's policy.

5. "Do you re-check employees periodically?" — § 44-7-2910 requires a check before employment, but does not mandate annual re-screening. Some quality agencies voluntarily re-check annually; many do not.

If an agency cannot answer these questions clearly, or if they become evasive about their screening process, that is a disqualifying signal.

Background Checks for Private Hires

Here is where the law creates a gap. § 44-7-2910 applies to licensed facilities and agencies. If you hire a caregiver privately — through word of mouth, a Facebook group, a church referral — no legal entity is required to run a background check. The responsibility falls entirely on you as the hiring family.

To screen a private-hire caregiver in South Carolina:

SLED check: Submit a request through the SLED website (sled.sc.gov) for a criminal background check. You will need the applicant's full legal name, date of birth, and Social Security number. Cost: approximately $25. Results typically arrive within 5 to 10 business days.

Nurse Aide Registry: Check the DPH Nurse Aide Registry to verify CNA certification and screen for substantiated findings. Available online through the Department of Public Health website.

OIG Exclusion List: Search the federal OIG exclusion database at exclusions.oig.hhs.gov. This is free and returns results instantly.

Personal references: Contact at least three prior clients or employers. Ask specifically about reliability, honesty, and how the caregiver handled difficult situations.

FBI fingerprint check: This is harder for private individuals to obtain directly. The FBI requires requests to go through an authorized channeler or law enforcement agency. Some families use a third-party screening service that can process the fingerprint check for an additional fee (typically $30 to $50).

Beyond the Criminal Check: Licensing Verification

Before hiring any agency, verify their DPH license independently. The South Carolina Department of Public Health maintains a searchable directory of licensed healthcare facilities, including In-Home Care Providers. The license confirms that the agency meets the state's minimum standards for staff training, supervision, and client care.

An unlicensed "agency" operating in South Carolina — and they exist, particularly in rural areas — has no obligation under § 44-7-2910, no DPH oversight, no required background checks, and no insurance requirements. If a caregiver from an unlicensed operation injures your parent or steals from them, you have no regulatory recourse.

Check the license. Verify the background checks. Confirm the insurance. These three steps take less than an hour and eliminate the majority of risk when bringing a caregiver into your parent's home.

The South Carolina Home Care Coordination Guide includes a provider vetting checklist with every verification step in one place — SLED check, Nurse Aide Registry, OIG Exclusion List, DPH license verification, and insurance confirmation — designed to be completed before the first caregiver shift begins.

See more South Carolina guides →