S.C. Code Ann. § 40-67-600 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-600
SECTION 40-67-600. Rulemaking.
Status: in_force

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state. (C) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. (D) Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty days in advance of the meeting at which the rule is being considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) on the website of the commission or other publicly accessible platform; and (2) on the website of each member state audiology or speech-language pathology licensing board or other publically accessible platform or the publication in which each state would otherwise publish proposed rules. (E) The notice of proposed rulemaking must include: (1) the proposed time, date, and location of the meeting in which the rule shall be considered and voted upon; (2) the text of the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on the proposed rule from any interested person; and (4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (F) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (G) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five persons; (2) a state or federal governmental subdivision or agency; or (3) an association having at least twenty-five members. (H) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. (1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing no less than five business days before the scheduled date of the hearing. (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings shall be recorded. A copy of the recording shall be made available on request. (4) Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (J) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. (K) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) meet an imminent threat to public health, safety, or welfare; (2) prevent a loss of commission or member state funds; or (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule. (M) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision must be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
S.C. Code Ann. § 40-82-200 — SC Code / Title 40 / Chapter 82 / Section 40-82-200
SECTION 40-82-200. Criminal violations and penalties.
Status: in_force

A person required by this chapter to obtain a license to do business in this State who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not less than ninety days nor more than one year.
S.C. Code Ann. § 40-5-390 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-390
SECTION 40-5-390. Nonrefundable flat fee.
Status: in_force

In any criminal case, an attorney may charge a nonrefundable flat fee.
S.C. Code Ann. § 40-67-300 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-300
SECTION 40-67-300. Limits on applicability of chapter.
Status: in_force

This chapter does not apply to: (1) A speech-language pathologist or audiologist employed by a state or federal agency or a political subdivision of the State before September 1, 2020, while engaged in the discharge of official duties; however, federal and state or political subdivision employees or employees of a political subdivision of the State who are licensed by this board are subject to the provisions of this chapter. (2) A student of speech-language pathology or audiology enrolled in a course of study at an accredited institution of higher learning whose activities constitute a part of the course of study. (3) A hearing aid specialist licensed to fit and sell hearing aids pursuant to Chapter 25; provided, nothing in this chapter is in lieu of, may conflict with, or supersede Chapter 25 and the rights of those licensed under Chapter 25. (4) A registered nurse, licensed practical nurse, or other certified technician trained to perform audiometric screening tests in industrial operations and whose work is under the supervision of a company physician, otological consultant, or licensed audiologist. (5) A person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of speech-language pathology or audiology unless the person holds himself out to be a practitioner of speech-language pathology or audiology. (6) An educator certified by the State Board of Education, including an educator certified as a speech-language therapist who is not licensed as a speech-language pathologist and does not hold a certificate of clinical competence in speech-language pathology credential from the American Speech-Language-Hearing Association. Effect of Amendment 2019 Act No. 34, SECTION 5, in (1), inserted "before September 1, 2020,"; in (2), substituted "A student" for "Students" and "institution of higher learning" for "university or college"; in (3), substituted "A hearing aid specialist" for "Hearing aid specialists"; substituted ", may conflict with," for "or shall conflict with"; and made nonsubstantive changes; in (4), substituted "A registered nurse, licensed practical nurse, or other certified technician" for "Registered nurses and licensed practical nurses or other certified technicians"; in (5), deleted "is not also required to be licensed under this chapter" following "practice of speech-language pathology or audiology"; and added (6).
S.C. Code Ann. § 40-67-140 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-140
SECTION 40-67-140. Denial of licensure on grounds of prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
S.C. Code Ann. § 40-19-200 — SC Code / Title 40 / Chapter 19 / Section 40-19-200
SECTION 40-19-200. Violations of chapter; submission of false licensing information; penalties.
Status: in_force

A person who practices or offers to practice funeral service or who aids and abets any unlicensed person or unlicensed entity to engage in the practice of funeral service in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined up to twenty-five thousand dollars or imprisoned for not more than six months, or both. Effect of Amendment 2024 Act No. 223, SECTION 13, inserted "or who aids and abets any unlicensed person or unlicensed entity to engage in the practice of funeral service" and substituted "may be fined up to twenty-five thousand dollars" for "must be fined not less than five hundred dollars or more than twenty-five hundred dollars".
S.C. Code Ann. § 40-38-20 — SC Code / Title 40 / Chapter 38 / Section 40-38-20
SECTION 40-38-20. Definitions.
Status: in_force

As used in this chapter: (1) "Optician" means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye; (2) "Apprentice" means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or ophthalmologist and who is being trained in the practice of opticianry; (3) "Board" means the South Carolina Board of Examiners in Opticianry; and (4) "Direct supervision" means, with regard to a supervisee, the licensed optician must be on the premises at all times. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-10.
S.C. Code Ann. § 40-33-1365 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1365
SECTION 40-33-1365. Construction and severability.
Status: in_force

This compact must be liberally construed so as to effectuate its purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance is not affected. If this compact is held to be contrary to the constitution of any party state, this compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, deleted the paragraph identifiers; in the first sentence, substituted "its purposes" for "the purposes as stated in Section 40-43-1305(B)"; in the second sentence, substituted "applicability thereof" for "applicability of any of them"; and made other nonsubstantive changes.
S.C. Code Ann. § 40-47-650 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-650
SECTION 40-47-650. Fees.
Status: in_force

The board and the committee shall prescribe fees in amounts recommended by the committee for: (1) initial licensure, not to exceed two hundred dollars; (2) renewal of license fee, not to exceed fifty dollars; (3) late renewal fee, not to exceed double renewal fee. The fees must be set in such an amount as to reimburse the State to the extent feasible for the cost of the services rendered by the board.
S.C. Code Ann. § 40-82-250 — SC Code / Title 40 / Chapter 82 / Section 40-82-250
SECTION 40-82-250. General liability insurance.
Status: in_force

A transporter of propane, utility gas plant, dealer, reseller, cylinder exchange company, or installer of appliances engaged in any of the activities provided for in Section 40-82-30 shall obtain general liability insurance in the amount of five hundred thousand dollars from a company licensed to conduct business in this State as a prerequisite to obtaining a license under this chapter. The general liability insurance must include manufacturer's or contractor's liability and product's liability insurance. The insurance carrier shall certify to the board through the Office of State Fire Marshal by a standard certificate of insurance executed by a licensed insurance agent that the required coverages are in effect and may not be canceled by the insurance carrier without at least thirty days notice to the board through the Office of State Fire Marshal by registered mail.
S.C. Code Ann. § 40-22-160 — SC Code / Title 40 / Chapter 22 / Section 40-22-160
SECTION 40-22-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Editor's Note Prior Laws:1991 Act No. 99, SECTION 1; 1993 Act No. 181, SECTION 894; 1976 Code SECTION 40-22-420.
S.C. Code Ann. § 40-6-320 — SC Code / Title 40 / Chapter 6 / Section 40-6-320
SECTION 40-6-320. Licensing by municipalities prohibited.
Status: in_force

Notwithstanding any other provision of law, municipalities may not enact ordinances to provide for the licensing of auctioneers.
S.C. Code Ann. § 40-3-160 — SC Code / Title 40 / Chapter 3 / Section 40-3-160
SECTION 40-3-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-47-1530 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1530
SECTION 40-47-1530. Registration requirement.
Status: in_force

A person may not wilfully practice or offer to practice as a cardiovascular invasive specialist unless that person is registered by the department. A person who uses the title cardiovascular specialist in any advertisement, business card or letterhead, or billing document or who makes another verbal or written communication indicating that the person is a cardiovascular specialist or who acquiesces in that representation violates this section.
S.C. Code Ann. § 40-77-115 — SC Code / Title 40 / Chapter 77 / Section 40-77-115
SECTION 40-77-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-10-270 — SC Code / Title 40 / Chapter 10 / Section 40-10-270
SECTION 40-10-270. Comprehensive general liability insurance requirement.
Status: in_force

(A) A license may not be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing the minimum coverage of one hundred thousand dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured. (B) Fire sprinkler contractor employees are not required to obtain a certificate of comprehensive general liability insurance. (C) A licensee shall notify the department upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance within ten days of the cancellation date. The cancellation does not affect any liability on the policy that accrued before cancellation. The license must be revoked if the licensee fails to obtain a new policy within sixty days of cancellation. (D)(1) Upon failure of the licensee to notify the department of cancellation of his liability insurance, the license may be revoked and may not be reinstated until a proper insurance certificate has been submitted to the department for approval. If a new liability insurance policy is not obtained within sixty days of the cancellation, the person seeking licensure shall submit an initial application. (2) The policy must be purchased from an insurer licensed by the Department of Insurance to do business in this State. (3) The South Carolina Contractors' Licensing Board must be named as the certificate holder.
S.C. Code Ann. § 40-60-230 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-230
SECTION 40-60-230. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-9-50 — SC Code / Title 40 / Chapter 9 / Section 40-9-50
SECTION 40-9-50. Filing of credentials and payment of fee.
Status: in_force

All applicants for a license examination shall file with the secretary of the board, on or before a specified date to be determined by the board, a completed application to be provided by the board, supported by proper credentials and the payment of a fee to be set by the board.
S.C. Code Ann. § 40-27-170 — SC Code / Title 40 / Chapter 27 / Article 3 / Section 40-27-170
SECTION 40-27-170. Penalties.
Status: in_force

Any person owning, operating or conducting a motor vehicle junk yard in any such county without obtaining a license, as herein provided, and paying the license fee herein levied and imposed on or before the time fixed in this article for the payment thereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or imprisoned for not more than thirty days. Each day upon which any such violation occurs shall constitute a separate offense.
S.C. Code Ann. § 40-25-70 — SC Code / Title 40 / Chapter 25 / Section 40-25-70
SECTION 40-25-70. Duties of licensees to purchasers of hearing aids.
Status: in_force

(A) A person who engages in the practice of specializing in hearing aids shall deliver to a person supplied with a hearing aid a receipt which contains the licensee's signature and business address, the number of his license, specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and its container must be marked clearly as "used" or "reconditioned", whichever is applicable, with terms of guarantee, if any. (B) The purchaser must be advised at the outset of his relationship with the hearing aid specialist that an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State. (C) A person engaged in the practice of specializing in hearing aids shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. He may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months.
S.C. Code Ann. § 40-36-20 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-20
SECTION 40-36-20. Definitions.
Status: in_force

As used in this chapter: (1) "ACOTE" means the Accreditation Council for Occupational Therapy Education. (2) "AOTA" means the American Occupational Therapy Association. (3) "Board" means the South Carolina Board of Occupational Therapy. (4) "Direct supervision" means personal, daily supervision, and specific delineation of tasks and responsibilities by an occupational therapist and includes the responsibility for personally reviewing and interpreting the results of a supervisee on a daily basis. (5) "NBCOT" means the National Board for Certification in Occupational Therapy. (6) "Occupational therapist" means a person licensed to practice occupational therapy. (7) "Occupational therapy" means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. The treatment utilizes occupational, namely goal-oriented activities, to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual. Specific occupational therapy techniques include, but are not limited to, activities of daily living (ADL), the fabrication and application of splints, sensory-motor activities, the use of specifically designed crafts, guidance in the selection and use of adaptive equipment, exercises to enhance functional performance, prevocational evaluation and treatment and consultation concerning adaption of physical environments for the handicapped. These techniques are applied in the treatment of individual patients or clients, in groups, or through social systems. (8) "Occupational therapy aide" means a person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting under the direct on-site supervision of a licensed occupational therapist or licensed occupational therapy assistant. (9) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. (10) "On-site" means the same premises while direct client treatment is being performed. (11) "Student" means a person who is enrolled in an educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy. (12) "Supervision" means personal and direct involvement of an occupational therapist in a supervisee's professional experience which includes evaluation of the supervisee's performance with respect to each client treated by the supervisee.
S.C. Code Ann. § 40-49-70 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-70
SECTION 40-49-70. Issuance of certificates; fees; annual renewal.
Status: in_force

If satisfied as to the competency of an applicant the board shall issue a certificate to such applicant, authorizing him to engage in the business of installing sanitary plumbing and to install sanitary plumbing. The fee for the certificate to the master or employing plumber shall be five dollars and to journeymen plumbers the fee shall be two dollars. Such certificate shall be valid for the term of one year, but it may be renewed upon proper application to the board and payment of a fee of fifty cents.
S.C. Code Ann. § 40-28-210 — SC Code / Title 40 / Chapter 28 / Section 40-28-210
SECTION 40-28-210. Persons exempt from licensure requirements of chapter.
Status: in_force

This chapter may not be construed to require a license under this chapter for: (1) the practice of landscape architecture by a person who acts under the supervision of a licensed landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision; (2) the practice of architecture by a duly licensed professional architect and the performing of landscape architectural work by a licensed architect or by an employee under supervision of a licensed architect, when this work is incidental to their practice; (3) the practice of engineering by a duly licensed professional engineer and the performing of landscape architectural work by a licensed engineer or by an employee under supervision of a licensed engineer, when this work is incidental to their practice; (4) the practice of surveying by a duly licensed professional surveyor and the performing of landscape architectural work by a licensed professional surveyor or by an employee under supervision of a licensed professional surveyor, when this work is incidental to their practice; (5) the practice of landscape architecture by an employee of the United States or South Carolina Government while engaged within this State in the practice of landscape architecture for the government or projects sanctioned by or totally sponsored by the government; (6) planning as customarily done by regional or urban planners; (7) an arborist, forester, gardener, home builder, or horticulturist; and (8) a nurseryman, general or landscape contractor, such practice to include design, planning, location, and arrangements of plantings or other ornamental features. Editor's Note Prior Laws: 1976 Act No. 698 SECTION 15; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-150.
S.C. Code Ann. § 40-5-10 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-10
SECTION 40-5-10. Inherent power of Supreme Court to regulate practice of law; other powers cumulative.
Status: in_force

The inherent power of the Supreme Court with respect to regulating the practice of law, determining the qualifications for admission to the bar and disciplining, suspending and disbarring attorneys at law is hereby recognized and declared. The authority conferred on that court in SECTIONS 40-5-10 to 40-5-60 shall be deemed as cumulative thereto.
S.C. Code Ann. § 40-11-180 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-180
SECTION 40-11-180. Collection and enforcement of costs, fees, and fines.
Status: in_force

All costs, fees, and fines provided in this chapter, except examination fees, must be paid to and collected by the department in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-75-930 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-930
SECTION 40-75-930. State participation in the compact.
Status: in_force

(A) To participate in the compact, a state must currently: (1) license and regulate licensed professional counselors; (2) require licensees to pass a nationally recognized exam approved by the commission; (3) require licensees to have a sixty semester hours (or ninety quarter hours) master's degree in counseling or sixty semester hours (or ninety quarter hours) of graduate coursework including the following topic areas: (a) professional counseling orientation and ethical practice; (b) social and cultural diversity; (c) human growth and development; (d) career development; (e) counseling and helping relationships; (f) group counseling and group work; (g) diagnosis and treatment, assessment, and testing; (h) research and program evaluation; and (i) other areas as determined by the commission; (4) require licensees to complete a supervised postgraduate professional experience as defined by the commission; and (5) have a mechanism in place for receiving and investigating complaints about licensees. (B) A member state shall: (1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules; (2) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee; (3) implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; (a) a member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions; (b) communication between a member state, the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544; (4) comply with the rules of the commission; (5) require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; (6) grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules; and (7) provide for the attendance of the state's commissioner to the counseling compact commission meetings. (C) Member states may charge a fee for granting the privilege to practice. (D) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state. (E) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license. (F) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
S.C. Code Ann. § 40-36-540 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-540
SECTION 40-36-540. Compact privilege.
Status: in_force

(A) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) hold a license in the home state; (2) have a valid United States Social Security Number or national practitioner identification number; (3) have no encumbrance on any state license; (4) be eligible for a compact privilege in any member state in accordance with subsections (D), (F), (G), and (H); (5) have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion; (6) notify the commission that the licensee is seeking the compact privilege within a remote state; (7) pay applicable fees, including a state fee, for the compact privilege; (8) complete a criminal background check in accordance with Section 40-36-530(A)(5), provided the licensee must be responsible for the payment of a fee associated with the completion of a criminal background check; (9) meet jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and (10) report to the commission adverse action taken by a nonmember state within thirty days from the date the adverse action is taken. (B) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state. (C) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (D) Occupational therapy assistants practicing in a remote state must be supervised by an occupational therapist licensed or holding a compact privilege in that remote state. (E) A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period, impose fines, and take other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. (F) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (1) the home state license is no longer encumbered; and (2) two years have elapsed from the date on which the home state license is no longer encumbered in accordance with item (1). (G) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a compact privilege in a remote state. (H) If a licensee's compact privilege in a remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur: (1) the specific period of time for which the compact privilege was removed has ended; (2) all fines have been paid and all conditions have been met; (3) two years have elapsed from the date of completing requirements for items (1) and (2); and (4) the compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement. (I) If a licensee's compact privilege in a remote state is removed due to an erroneous charge, privileges must be restored through the compact data system. (J) Once the requirements of subsection (H) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.
S.C. Code Ann. § 40-27-40 — SC Code / Title 40 / Chapter 27 / Article 1 / Section 40-27-40
SECTION 40-27-40. Penalties.
Status: in_force

A person violating a provision of this article shall be fined a sum not exceeding five hundred dollars or imprisoned not exceeding thirty days. Each violation constitutes a separate offense.
S.C. Code Ann. § 40-75-570 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-570
SECTION 40-75-570. Credential lines to be used for work done for school district or private school.
Status: in_force

Notwithstanding the provisions of Chapter 55, Title 40, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read "Licensed Psycho-educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. __________"; For Department of Education school psychologists, level III, the credential line shall read "Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. __________"; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
S.C. Code Ann. § 40-60-380 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-380
SECTION 40-60-380. Designation of a controlling person; notification of changes.
Status: in_force

(A) An appraisal management company applying to the board for registration in this State shall designate one controlling person who is to be the main contact for all communication between the board and the appraisal management company. (B) To serve as a controlling person of an appraisal management company, a person shall certify to the board that he has never had a certificate or license issued by the appropriate board of this State or another state refused, denied, canceled, revoked, or surrendered in lieu of revocation. (C) A registrant shall notify the board within fifteen days of a change in its controlling person or a change in the contact information of the controlling person. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-57-50 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-50
SECTION 40-57-50. Election of officers; seal; rules and procedures.
Status: in_force

The commission annually shall elect from its total membership a chair, vice chair, and other officers the commission determines necessary at the first meeting in the fiscal year of the State. The commission may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings. Effect of Amendment 2016 Act No. 170, SECTION 1, inserted "at the first meeting in the fiscal year of the State", and made gender neutral changes. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-10-300 — SC Code / Title 40 / Chapter 10 / Section 40-10-300
SECTION 40-10-300. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-36-600 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-600
SECTION 40-36-600. Rulemaking.
Status: in_force

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to it. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission is invalid and has no force and effect. (C) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule has no further force and effect in any member state. (D) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission. (E) Prior to promulgation and adoption of a final rule by the commission, and at least thirty days in advance of the meeting at which the rule is to be considered and voted upon, the commission shall file a notice of proposed rulemaking on the respective websites of: (1) the commission or other publicly accessible platform; and (2) each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (F) The notice of proposed rulemaking must include: (1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) the text of the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on the proposed rule from any interested person; and (4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (G) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public. (H) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five persons; (2) a state or federal governmental subdivision or agency; or (3) an association or organization having at least twenty-five members. (I) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. (1) A person wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing no less than five business days before the scheduled date of the hearing. (2) A hearing must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) A hearing must be recorded. A copy of the recording must be made available on request. (4) Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (J) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (K) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. (L) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (M) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) meet an imminent threat to public health, safety, or welfare; (2) prevent a loss of commission or member state funds; (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) protect public health and safety. (N) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of a revision must be posted on the website of the commission. The revision is subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
S.C. Code Ann. § 40-69-5 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-5
SECTION 40-69-5. Application of Chapter 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to licensed veterinarians and veterinary technicians regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-38-100 — SC Code / Title 40 / Chapter 38 / Section 40-38-100
SECTION 40-38-100. Injunctive actions allowed by board.
Status: in_force

The board may seek to enjoin violations of this chapter as provided for in Section 40-1-100.
S.C. Code Ann. § 40-33-116 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-116
SECTION 40-33-116. Mental or physical examinations; consent to submit; review hearing; admissibility of medical records.
Status: in_force

(A) If the board finds that probable cause exists that a licensee or applicant may be addicted to alcohol or drugs or may have sustained a physical or mental disability that may render practice by the licensee or applicant dangerous to the public, the board, without a formal complaint or opportunity for hearing, may require a licensee or applicant to submit to a mental or physical examination by authorized practitioners designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. A person who accepts the privilege of engaging in the licensed practice of nursing in this State, or who files an application for a license to practice under this chapter, is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is required to submit to a mental or physical examination may request within twenty-four hours of receipt of the requirement a review by an administrative hearing officer appointed by the board or its designee. Filing of a written request for a review by an administrative hearing officer does not stay the time directed in which to submit to a mental or physical examination, and no stay may be issued, except as provided in this section. Upon proper written request, a review hearing must be conducted within forty-eight hours of receipt of the request. Failure to provide a review hearing within the prescribed time stays the time required to submit to a mental or physical examination until a decision is issued by the administrative hearing officer. The review hearing for purposes of this section must be limited to the issues of whether the person is a licensee or applicant, whether reasonable grounds exist to require a mental or physical examination, and whether the licensee or applicant has been informed that failure to submit to an examination will result in the entry of an order automatically suspending or denying the license pending compliance and further order of the board. The administrative hearing officer's decision is not subject to appeal. A licensee or applicant who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice with reasonable skill and safety. (B) The board upon probable cause may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of engaging in the licensed practice of nursing in this State, or who files an application to practice under this chapter, is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that this constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of nursing with reasonable skill and safety. (C) An order requiring a licensee or applicant to submit to a mental or physical examination or an order requiring the submission of records relating to the mental or physical condition of a licensee or applicant is confidential and must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board. An order automatically suspending or denying a license pending compliance and further order of the board is public information under the South Carolina Freedom of Information Act. A decision of an administrative hearing officer is confidential, unless an order automatically suspending or denying a license pending compliance and further order of the board has been issued, in which case the administrative hearing officer's decision and the order requiring an examination of records is public information under the South Carolina Freedom of Information Act.
S.C. Code Ann. § 40-81-90 — SC Code / Title 40 / Chapter 81 / Section 40-81-90
SECTION 40-81-90. Disciplinary proceedings.
Status: in_force

The commission may conduct disciplinary action proceedings as provided for in Section 40-1-90.
S.C. Code Ann. § 40-47-925 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-925
SECTION 40-47-925. Physician Assistant Committee; membership; term; filling vacancies; meetings; duty to receive and account for monies collected under article.
Status: in_force

(A) There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed PAs with a minimum of three years of patient care experience in this State. Two members must be consumers, and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least two must regularly supervise a PA. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee. (B) The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two PAs, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively, but may be eligible for reappointment four years from the date the last full four-year term expired. (C) The committee shall meet at least two times yearly and at other times as may be necessary. A quorum for all meetings shall consist of five members. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year. (D) The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law. Effect of Amendment 2019 Act No. 32, SECTION 2, in (A), in the second sentence, substituted "PAs" for "physician assistants", and in the fourth sentence, substituted "at least two must regularly supervise a PA" for "at lease one must regularly employ a physician assistant"; in (B), in the first sentence, substituted "PAs" for "physician assistants"; and in (C), in the third sentence, substituted "vice chairman" for "vice-chairman".
S.C. Code Ann. § 40-47-780 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-780
SECTION 40-47-780. Renewal of licenses.
Status: in_force

(A) An acupuncture license issued under this article must be renewed biennially if the person holding the license: (1) submits a completed license renewal application as prescribed by the board; (2) submits the applicable fees provided for in Section 40-47-800; (3) is not in violation of this article at the time of application for renewal; (4) fulfills requirements for continuing education and professional development, as prescribed by the board in regulation; (5) remains actively certified by the NCCAOM. (B) An auricular therapist or auricular detoxification specialist license issued under this article must be renewed biennially if the person holding the license: (1) submits a completed license renewal application prescribed by the board; (2) submits the applicable fees provided for in Section 40-47-800; (3) is not in violation of this article or any regulation promulgated under this article at the time of application for renewal; (4) fulfills requirements for continuing education and professional development as prescribed by the board in regulation; (5) remains active in the practice of auricular therapy or auricular detoxification.
S.C. Code Ann. § 40-29-230 — SC Code / Title 40 / Chapter 29 / Section 40-29-230
SECTION 40-29-230. Surety bond; claims; release.
Status: in_force

(A) At the time of making application, all applicants for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term in the following amounts: (1) for a manufactured home manufacturer, seventy-five thousand dollars for each location; (2) for a manufactured home retail dealer, thirty thousand dollars for each location; (3) for a manufactured home retail salesman, fifteen thousand dollars; (4) for a manufactured home contractor, installer, or repairer, five thousand dollars. (B)(1) The surety bond or other approved security must be made payable to the board and claims may be initiated only through the complaint process provided by the board. Claims are limited to the reasons stated in this section and are for actual damages and do not include attorney's fees or punitive damages incurred by the consumer as a result of the complaint. (2) At the beginning of each subsequent license renewal period, a continuation certificate or proof of surety bond coverage or other approved security through the license renewal period must be delivered to the board with the application and fee. (3) The board, upon a finding of a violation by a licensee or that an applicant is unable to meet the financial responsibility guidelines, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense, the repeat nature of the licensee's violations, or related to the financial condition of an applicant. The total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section. (4) The surety bond or other approved security may not be released by the board until all claims and complaints against the licensee have been finally resolved or until three years after the licensee has ceased doing business in South Carolina, whichever period is later. (5) All liability on a surety bond or other approved security is applicable to the surety bond or other security in effect as of the date of the occurrence which gave rise to the liability. In the event that the total claims against a surety bond or other form of approved security exceed the coverage amount of the surety bond or other approved security, the proceeds of the surety bond or other approved security may be distributed pro rata to the claimants. (6) The board may file claims against a licensee's surety bond or other approved security and indemnify a consumer for losses to the limit of the surety bond or other approved security for damages resulting from the licensee's violation of this chapter or regulations promulgated by its authority or from fraud, misrepresentation, making of false promises, or the refusal, failure, or inability to transfer good and sufficient legal title. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1996 Act No. 301 SECTIONS 7, 8; 1976 Code SECTION 40-29-120. Effect of Amendment The 2013 amendment rewrote subsection (B)(3).
S.C. Code Ann. § 40-69-80 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-80
SECTION 40-69-80. Powers incident to conducting investigations.
Status: in_force

As provided in Section 40-1-80, for the purpose of conducting an investigation under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
S.C. Code Ann. § 40-33-100 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-100
SECTION 40-33-100. Issuance of restraining orders and cease and desist orders.
Status: in_force

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
S.C. Code Ann. § 40-60-50 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-50
SECTION 40-60-50. Administrative support; lists of licensed and certified real estate appraisers; fees.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) The board periodically shall transmit to the appraisal subcommittee as defined in Section 40-60-20(6), a roster of individuals who have become state licensed real estate appraisers and state certified real estate appraisers and shall collect and transmit any information or fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendments. The board may collect a processing fee necessary to carry out its duties under this subsection. (C) Initial fees must be established by the board in statute or regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board. (D) Application and license fees are payable to the department in advance and must accompany an application or proper documentation. Fees are nonrefundable. Effect of Amendment 2016 Act No. 243, SECTION 6, in (D), deleted the former second sentence, relating to certified funds. 2024 Act No. 196, SECTION 11, in (D), in the first sentence, substituted "application or proper documentation" for "examination application or a license application".
S.C. Code Ann. § 40-79-260 — SC Code / Title 40 / Chapter 79 / Section 40-79-260
SECTION 40-79-260. Issuance of license to applicants licensed in another state.
Status: in_force

(A) The board may grant a license or certificate to an applicant holding a license in good standing in another state or jurisdiction whose requirements for licensure are equal to or greater than those set forth in this chapter as determined by the board. (B) Applicants for reciprocal licensure may be required to successfully pass the South Carolina Code of Laws Examination regulating the alarm business and must comply with all other license and certificate requirements of this chapter. Editor's Note Prior Laws:1986 Act No. 512, SECTION 15; 1989 Act No. 46, SECTION 1; 1976 Code SECTION 40-79-150.
S.C. Code Ann. § 40-29-30 — SC Code / Title 40 / Chapter 29 / Section 40-29-30
SECTION 40-29-30. License requirement; administrative penalty; appeal.
Status: in_force

(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, or manufactured home manufacturer in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board. (B) A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty. Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be served in writing within fifteen days after the ruling.
S.C. Code Ann. § 40-7-140 — SC Code / Title 40 / Chapter 7 / Section 40-7-140
SECTION 40-7-140. Denial of permit or licensure based on prior criminal record.
Status: in_force

A permit or license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-35-250 — SC Code / Title 40 / Chapter 35 / Section 40-35-250
SECTION 40-35-250. Construction of chapter.
Status: in_force

The provisions of this chapter are intended to be consistent with the applicable federal and state law and must be so construed, whenever necessary, to achieve this consistency. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-33-32 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-32
SECTION 40-33-32. Initial licensure examination; foreign educated nurses.
Status: in_force

(A) An applicant for initial licensure must pass the appropriate National Council Licensure Examination (NCLEX) prescribed by the board. The applicant shall comply with all application procedures established by the governing body of the NCLEX and by the board. Applications for licensure are valid for one year from the date of filing with the board. An applicant who fails to attain licensure during this period shall submit a new application with the prescribed fee. (B) The board shall admit an applicant for licensure examination if the applicant: (1) submits a completed application on a form provided by the board; (2) submits a 2" x 2" photograph, signed and dated; (3) submits the appropriate application fee; (4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older; (5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number; (6) has not committed any acts that are grounds for disciplinary action; (7) has completed all requirements for graduation from an approved school of nursing or nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located. (C) Credit may not be given in an initial application for an unapproved correspondence course or for experience gained through employment. (D) The board shall accept applicants for the National Council Licensure Examination-PN who: (1) have successfully completed an approved nursing education program for professional nursing within the past five years of the date of the application; (2) have received an equivalent education from an approved nursing education program within the past three years of the date of the application. (E) An applicant who does not pass the licensure examination on the first attempt may retake the examination not more frequently than once every forty-five days for up to one year from the first attempt. An applicant who does not pass the examination within one year of the first examination shall provide evidence satisfactory to the board of remediation approved by the board before reexamination. An applicant who has not passed the National Council Licensure Examination within three years of graduation must requalify to take the examination by enrolling in an approved nursing education program and demonstrating knowledge, skills, and ability of a graduate nurse. (F) A foreign educated nurse who holds a license to practice in a jurisdiction outside a state or jurisdiction in this country or territory or dependency of the United States who applies for licensure as a nurse shall satisfy all the requirements of this section and the following: (1) An applicant's general education and nursing education must be at a level required of graduates of nursing education programs in this State who are candidates for licensure as verified by a certificate of the Commission on Graduates of Foreign Nursing Schools or another board-approved credentials evaluation service. An applicant whose native language is not English shall submit evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by TOEFL/TSE Services or another service approved by the board. An applicant whose education for nursing is not verified as equivalent may qualify for a license by completing a supplemental course as prescribed by the board to be covered in an approved nursing education program and, upon completion of the course, writing and passing the licensing examination. (2) An applicant shall pass the appropriate National Council Licensure Examination and shall comply with all application procedures established by the governing body of the NCLEX and by the board. Applications for licensure are valid for one year from the date of filing with the board. An applicant who fails to attain licensure during this period shall submit a new application with the prescribed fee. (3) An applicant shall submit verification of authorization to practice as a registered nurse, licensed practical nurse, or comparable title from the country of original licensure. (4) A foreign educated applicant who does not become licensed within three years of first taking the examination shall requalify to take the National Council Licensure Examination (NCLEX) by enrolling in an approved nursing education program and demonstrating knowledge, skills, and ability of a graduate nurse.
S.C. Code Ann. § 40-83-20 — SC Code / Title 40 / Chapter 83 / Section 40-83-20
SECTION 40-83-20. Definitions.
Status: in_force

As used in this chapter, the term: (A) "Compensation" means money, property, services, promise of payment, or anything else of value given in exchange for a service. (B) "Director" means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee. (C) "Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor. (D) "Immigration assistance service" means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law. (E) "Immigration matter" means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under: (1) immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (2) action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.
S.C. Code Ann. § 40-68-30 — SC Code / Title 40 / Chapter 68 / Section 40-68-30
SECTION 40-68-30. License required; application and fee; information required as to each member of group; ineligibility for license for year after denial or revocation of license; exceptions.
Status: in_force

(A) A person may not engage in or offer professional employer services in this State without holding a license issued under this chapter. A person that desires a professional employer organization license shall file with the department a written application accompanied by an application fee of one hundred dollars for each controlling person. In addition, the application fee is two hundred dollars for each professional employer organization, and three hundred dollars for each professional employer organization group. (B) The department may require an applicant for a license to provide information and certifications to determine whether the applicant meets the licensing requirements of this chapter and also whether individuals affiliated with the applicant are qualified to serve as controlling persons. (C) A licensee or controlling person shall notify the department within thirty days of any felony conviction or civil judgment entered against the licensee or controlling person. (D) An application for a professional employer organization group license under Section 40-68-80 must provide the information required by this chapter for each member of the group. An applicant or licensee is ineligible for a license for one year after the date of final departmental action on the denial or revocation of a license applied for or issued under this chapter. This restriction does not apply to a denial or revocation of a license if the basis of the action was: (1) an inadvertent error or omission in the application if that error or omission is promptly corrected; (2) the experience documented to the department was insufficient at the time of the previous application; (3) the department was unable to complete the criminal background investigation required under Section 40-68-40 because of insufficient information received from a local, state, or federal law enforcement agency; or (4) that one or more of the controlling persons affiliated with the applicant or licensee was determined by the department to be unsuitable, if that unsuitable controlling person has in fact ceased to be a controlling person of the applicant or licensee.
S.C. Code Ann. § 40-60-36 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-36
SECTION 40-60-36. Approval of courses, educational providers and instructors; instructor workshops.
Status: in_force

(A) The board shall establish and publish standards relevant to the approval and conduct of appraiser education required by this chapter. (B) The board shall review, approve, and regulate educational courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, individuals, and institutions. (C) The board may deny, publicly or privately reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the board finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter. (D) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the board and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the board before the commencement of any instruction. (E) If an application for provider, instructor, or course is not approved, the reason must be detailed, and the applicant must be given thirty days to respond. (F) Upon approval, certificates must be issued to providers, courses, and instructors to be renewed biennially. (G) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach. (H) Providers must report completed continuing education of licensees within fourteen days of course completion as required by the board. Effect of Amendment 2014 Act No. 180, SECTION 6, substituted "board" for "department" throughout. 2016 Act No. 243, SECTION 5, in (C), inserted "publicly or privately". 2024 Act No. 196, SECTION 8, rewrote (H).
S.C. Code Ann. § 40-63-530 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-530
SECTION 40-63-530. Participation eligibility and membership.
Status: in_force

(A) To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria: (1) License and regulate clinical, master's, or bachelor's categories of social work practice. (2) Require applicants for licensure to pass a corresponding qualifying national exam for the category of licensure sought as outlined in Section 40-63-540. (3) Require applicants for licensure to graduate from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university recognized by the licensing authority and that corresponds to the licensure sought as outlined in Section 40-63-540. (4) Require applicants for clinical licensure to complete a period of supervised practice. (5) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees. (B) To maintain membership in the compact a member state shall: (1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules; (2) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee; (3) implement or utilize procedures for considering the criminal history records of applicants for an initial interstate compact license. These procedures shall include the submission of fingerprints or other biometric based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records for the sole purpose of affirming or denying eligibility for participation in the compact; provided: (a) a member state must utilize or fully implement a criminal background check requirement, within a time frame established by rule of the commission, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions determining eligibility for participation in the compact; and (b) communication between a member state, the commission and among member states, through the data system or otherwise, regarding the verification of any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544; (4) comply with the rules of the commission; (5) require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws; (6) authorize a licensee holding an interstate compact license in any member state to practice in accordance with the terms of the compact and rules of the commission; and (7) designate a delegate to participate in the commission meetings. (C) Home states may charge a fee for granting the interstate compact license. (D) An interstate compact license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in the member state. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-36-190 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-190
SECTION 40-36-190. Confidentiality of proceedings and communications.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-23-30 — SC Code / Title 40 / Chapter 23 / Section 40-23-30
SECTION 40-23-30. Environmental systems operator licensure requirement.
Status: in_force

It is unlawful for a person to practice as an environmental systems operator in this State without prior authorization through licensure in accordance with this chapter.
S.C. Code Ann. § 40-55-330 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-330
SECTION 40-55-330. Home state licensure.
Status: in_force

(A) The home state shall be a compact state where a psychologist is licensed to practice psychology. (B) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact. (C) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact. (D) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact. (E) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state: (1) currently requires the psychologist to hold an active E. Passport; (2) has a mechanism in place for receiving and investigating complaints about licensed individuals; (3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; (4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and (5) complies with the bylaws and rules of the commission. (F) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state: (1) currently requires the psychologist to hold an active IPC; (2) has a mechanism in place for receiving and investigating complaints about licensed individuals; (3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; (4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and (5) complies with the bylaws and rules of the commission.
S.C. Code Ann. § 40-25-150 — SC Code / Title 40 / Chapter 25 / Section 40-25-150
SECTION 40-25-150. Renewal of licenses; display at place of business; continuing education requirements; approval of continuation education training programs.
Status: in_force

(A) A person who engages in the practice of specializing in hearing aids before the license expiration date shall pay to the department a fee set by the department through regulation for issuance or a renewal of his license. The license must be posted conspicuously in his office or place of business. Where more than one office is operated by the licensee, duplicate licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after the license expiration date during which licenses may be renewed on payment of a fee set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to examination as a condition to renewal, if the renewal application is made within two years from the date of the expiration. (B) A licensee or temporary permit holder shall maintain a progressing level of professional competence by participation during the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use. (C) The licensee annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the previous year of licensing. The requirement may be fulfilled by attending and participating in training activities approved by the commission and those accredited by the International Hearing Society, unless disapproved by the commission. (D) A person or organization desiring to conduct continuing education training programs shall submit the programs to the commission for approval before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them. (E) Failure to complete the minimum educational requirements results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next year of licensing. The make-up allowance does not waive the full annual requirements for continued education.
S.C. Code Ann. § 40-43-170 — SC Code / Title 40 / Chapter 43 / Section 40-43-170
SECTION 40-43-170. State of Emergency; prerequisites to emergency refills; dispensing of medications by pharmacists not licensed in this State.
Status: in_force

(A) When the Governor issues a "State of Emergency": (1) A pharmacist may work in the affected county and may dispense a one-time emergency refill of up to a thirty-day supply of a prescribed medication if: (a) the pharmacist has all prescription information necessary in order to accurately refill the prescription; (b) in the pharmacist's professional opinion the medication is essential to the maintenance of life or to the continuation of therapy; (c) the pharmacist reduces the information to a written prescription marked 'Emergency Refill', files the prescription as required by law, and notifies the prescribing physician within fifteen days of the emergency refill; and (d) the prescription is not for a controlled substance. (2) A pharmacist not licensed in South Carolina but currently licensed in another state, may in a state of emergency dispense prescription medications in those affected counties without being licensed in South Carolina during the time that a state of emergency exists if: (a) the pharmacist has some type of identification to verify current licensure in another state and; (b) the pharmacist is engaged in a legitimate relief effort during an emergency situation. (B) This disaster preparedness ends with the state of emergency. Effect of Amendment 2018 Act No. 187, SECTION 1, in (A), in (1), substituted "thirty-day supply" for "fifteen-day supply", and made nonsubstantive changes.
S.C. Code Ann. § 40-13-180 — SC Code / Title 40 / Chapter 13 / Section 40-13-180
SECTION 40-13-180. Collection of costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-29-240 — SC Code / Title 40 / Chapter 29 / Section 40-29-240
SECTION 40-29-240. Claims for repair work not performed by manufacturer, dealer or installer; release of bond of licensee not conducting business.
Status: in_force

(A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The board shall select a bidder to perform the repair work. Payment from the surety bond or other approved security must be authorized by the board only after an affidavit releasing the manufacturer or dealer from further obligation for repair or replacement of the items for which work was conducted, is signed and delivered to the board office by the consumer. (B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the department, with the approval of the board, shall determine the reasonable value of the repairs, parts, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, parts, or work. (C) If a licensee does not conduct business after issuance of his license and the posting of the applicable surety bond or other approved security, the board, upon receipt of satisfactory evidence that no business was conducted and upon surrender of the license, may release the licensee's surety bond or other approved security. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1996 Act No. 301 SECTION 9; 1976 Code SECTION 40-29-130.
S.C. Code Ann. § 40-47-1550 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1550
SECTION 40-47-1550. Renewal; lapse of registration.
Status: in_force

(A) Registration by the department as a cardiovascular invasive specialist must be renewed every two years. To renew a registration, a person shall: (1) submit a complete application in writing; (2) demonstrate continued competency including current registration with Cardiovascular Credentialing International and other requirements as provided by this article or regulation; (3) pay a fee established by the department. (B) A registration by the department as a cardiovascular invasive specialist automatically lapses if the registered person fails to make a timely and complete application for renewal or if the registered person fails to maintain current registration with Cardiovascular Credentialing International or another organization approved by the board.
S.C. Code Ann. § 40-67-580 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-580
SECTION 40-67-580. Establishment of the Audiology and Speech-Language Pathology Compact Commission.
Status: in_force

(A) The compact member states create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission. (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this compact may be construed to be a waiver of sovereign immunity. (B) With respect to membership, voting, and meetings: (1) Each member state shall have two delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One must be an audiologist and one must be a speech-language pathologist. (2) An additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring on the commission, within ninety days. (5) Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. (6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (C) The commission has the following powers and duties: (1) establish the fiscal year of the commission; (2) establish bylaws; (3) establish a code of ethics; (4) maintain its financial records in accordance with the bylaws; (5) meet and take actions as are consistent with the provisions of this compact and the bylaws; (6) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules have the force and effect of law and shall be binding in all member states; (7) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected; (8) purchase and maintain insurance and bonds; (9) borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state; (10) hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (11) accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and conflict of interest; (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety; (13) sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (14) establish a budget and make expenditures; (15) borrow money; (16) appoint committees, including standing committees composed of members, and other interested persons as may be designated in this compact and the bylaws; (17) provide and receive information from, and cooperate with, law enforcement agencies; (18) establish and elect an executive committee; and (19) perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice. (D) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The executive committee shall be composed of ten members: (1) seven voting members who are elected by the commission from the current membership of the commission; (2) two ex officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and (3) one ex officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards. (E) The ex officio members shall be selected by their respective organizations. (1) The commission may remove any member of the executive committee as provided in bylaws. (2) The executive committee shall meet at least annually. (3) The executive committee shall have the following duties and responsibilities: (a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege; (b) ensure compact administration services are appropriately provided, contractual or otherwise; (c) prepare and recommend the budget; (d) maintain financial records on behalf of the commission; (e) monitor compact compliance of member states and provide compliance reports to the commission; (f) establish additional committees as necessary; and (g) other duties as provided in rules or bylaws. (4) All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in Section 40-67-600. (5) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (a) noncompliance of a member state with its obligations under the compact; (b) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation; (d) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (e) accusing any person of a crime or formally censuring any person; (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigative records compiled for law enforcement purposes; (i) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (j) matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (8) With respect to financing the commission: (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (c) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. (9) The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor may the commission pledge the credit of any of the member states, except by and with the authority of the member state. (10) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. (F) With respect to qualified immunity, defense, and indemnification: (1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this item shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
S.C. Code Ann. § 40-82-120 — SC Code / Title 40 / Chapter 82 / Section 40-82-120
SECTION 40-82-120. Violations and disciplinary actions.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to this chapter and Section 40-1-120, the board may take disciplinary action against a person if: (1) a condition is found as a result of the inspection, examination, or investigation provided in Section 40-82-80 that is hazardous to the public safety; (2) a condition is found in violation of other laws or regulations applicable to the liquefied petroleum gas industry; (3) there is a violation of the South Carolina Container Law, as provided for in Regulation 19-304.4.
S.C. Code Ann. § 40-82-80 — SC Code / Title 40 / Chapter 82 / Section 40-82-80
SECTION 40-82-80. Investigating complaints and violations; inspections; compelling attendance of witnesses.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. (B) The State Fire Marshal or any of his agents may enter during reasonable business hours the premises of a person engaged in the liquefied petroleum gas industry in any of its phases to inspect properties or installations that relate in any way to the safe and proper operation of the business and may make investigations or examinations they consider necessary. When an emergency exists, as declared by the Office of State Fire Marshal, the inspector may enter the premises of a person and take necessary action for public safety including, but not limited to, the evacuation of the area in which the emergency exists. (C) The board may compel the attendance of witnesses to testify in relation to a matter within its jurisdiction.
S.C. Code Ann. § 40-29-10 — SC Code / Title 40 / Chapter 29 / Section 40-29-10
SECTION 40-29-10. Manufactured Housing Board; membership, duties and responsibilities.
Status: in_force

(A) There is created the South Carolina Manufactured Housing Board. It is composed of ten members who must be residents of South Carolina appointed by the Governor in accordance with Section 40-1-45 for terms of four years and until their successors are appointed and qualify. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance industry, a full-time employee of a fire department, a representative of the manufactured housing industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina, a representative of the banking and finance industry, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without a vote. An individual, group, or association may nominate board members from the general public. (B) The board shall annually elect by majority vote a chairman and vice-chairman from its membership. Not more than one individual associated with the manufactured housing industry may hold the position of chairman or vice-chairman at the same time. (C) The board shall meet on a regular basis. The board shall provide notice to interested members of the public of its scheduled and special meetings. A member of the board may not participate in any proceeding before the board involving his licensed business. (D) The board shall: (1) invoke fines or adjust surety bonding or other approved security requirements for cause in accordance with this chapter; (2) receive and resolve complaints from buyers of manufactured homes; (3) adopt regulations relating to the construction, repair, modification, installation, tie down, and sale of all manufactured homes, which regulations must be uniform throughout the State and enforced by inspectors for the board; (4) adopt by regulation the standards contained in the Construction and Safety Standards Act; (5) adopt by regulation the manufactured home procedural and enforcement regulations of 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Development pursuant to the Construction and Safety Standards Act; (6) enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds, or other financial assistance to further the purposes of this chapter; (7) adopt regulations for conducting hearings and the presentation of views, consistent with the regulations promulgated by the Department of Housing and Urban Development, 24 C.F.R. 3282.151 through 3282.156, as amended; (8) provide for examinations for licensure under the classifications sought by the applicant and establish and collect fees; (9) prescribe the form of license which must have the seal of the office printed on the license; and (10) adopt a schedule of fees in regulation. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1996 Act No. 301, SECTION 2; 1976 Code SECTION 40-29-30.
S.C. Code Ann. § 40-82-30 — SC Code / Title 40 / Chapter 82 / Section 40-82-30
SECTION 40-82-30. Unlawful acts without license; exemption.
Status: in_force

It is unlawful for a person to engage in the manufacture, distribution, sale, storage, or transportation by tank truck, tank trailer, or cylinder of liquefied petroleum gases or engage in the installation, servicing, repairing, adjusting, or connecting of appliances to liquefied petroleum gas systems and containers in this State without being licensed in accordance with this chapter. A retail establishment which sells prefilled liquefied petroleum gas cylinders of twenty-five pounds or less is exempt from the requirements of this chapter.
S.C. Code Ann. § 40-65-110 — SC Code / Title 40 / Chapter 65 / Section 40-65-110
SECTION 40-65-110. Grounds for disciplinary action.
Status: in_force

In addition to the grounds provided in Section 40-1-110, the advisory council may cancel, fine, suspend, revoke, or restrict the license or certification to practice soil classifying of a person who is guilty of: (1) the practice of fraud or deceit in obtaining a license or certification; (2) any gross negligence, incompetence, or misconduct in the practice of soil classifying; (3) any felony or crime involving moral turpitude or violation of the code of ethics promulgated by the department in regulation. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.51; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-210.
S.C. Code Ann. § 40-29-210 — SC Code / Title 40 / Chapter 29 / Section 40-29-210
SECTION 40-29-210. Examination; fees; training.
Status: in_force

(A) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the board or its designated test provider. The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the department. An applicant who fails an examination may reapply. (B) The department or test provider is authorized to collect and retain reasonable examination fees, to be promulgated in regulation. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider. (C) No license may be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed the appropriate examination. (D) No manufactured home retail dealer or salesperson, contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1993 Act No. 181, SECTION 903; 1996 Act No. 301 SECTION 6; 1976 Code SECTION 40-29-110.
S.C. Code Ann. § 40-30-185 — SC Code / Title 40 / Chapter 30 / Section 40-30-185
SECTION 40-30-185. Inactive status.
Status: in_force

(A) A licensee may provide a written request to the board to place a license in inactive status. If a license is placed in inactive status, then a licensee is not authorized to practice massage therapy in this State until the license is reinstated to active status. (B) A licensee holding a license in inactive status must biennially renew the license to retain inactive status. A license may remain in inactive status for an indefinite time. (C) A license may be reactivated from inactive status in a manner provided by the board. (D) Inactive status does not stay any disciplinary actions for violations that occurred during the course of an active license.
S.C. Code Ann. § 40-59-110 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-110
SECTION 40-59-110. Revocation, suspension, or restriction of license; misconduct; determination of compliance with applicable professional standards.
Status: in_force

In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of Section 40-59-25, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards. Editor's Note Prior Laws:1962 Code SECTION 56-1545.39; 1974 (58) 1949; 1989 Act No. 62, SECTION 2; 1990 Act No. 595, SECTION 10; 1993 Act No. 72, SECTION 5; 1993 Act No. 181, SECTION 935; 1976 Code SECTION 40-59-90. Effect of Amendment The 2013 amendment inserted "a violation of Section 40-59-25, or".
S.C. Code Ann. § 40-79-210 — SC Code / Title 40 / Chapter 79 / Section 40-79-210
SECTION 40-79-210. Civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
S.C. Code Ann. § 40-36-310 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-310
SECTION 40-36-310. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-59-90 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-90
SECTION 40-59-90. Hearing before commission; notice; appearance; order; appeal.
Status: in_force

Charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing. A copy of the charges and a notice of the time and place of the hearing must be served on the respondent at least thirty days before the fixed date for the hearing. At the hearing the respondent may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. After the commission issues its order, the respondent has thirty days to file with the commission written notice of his intention to appeal to an administrative law judge from the order of the commission. An appeal from an order of the commission is governed by the provisions of Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
S.C. Code Ann. § 40-30-190 — SC Code / Title 40 / Chapter 30 / Section 40-30-190
SECTION 40-30-190. Promulgation of regulations.
Status: in_force

The board shall promulgate regulations establishing the following: (1) continuing education requirements and compliance procedures: (a) for license renewal or reinstatement, not to exceed twelve hours per biennium; (b) for license reactivation, not to exceed six hours for each year the license is inactive; (2) criteria for the evaluation and approval of continuing education hours, programs, or courses including, but not limited to, correspondence courses and electronic courses. Effect of Amendment 2022 Act No. 151, SECTION 2, in the first undesignated paragraph, substituted "board" for "department" and inserted "the following"; in (1), in (a), inserted "or reinstatement" and deleted "classroom" following "twelve", and in (b), substituted "reactivation" for "reinstatement", deleted "classroom" following "six", and substituted "is inactive" for "was inactive"; and in (2), inserted "evaluation and", "hours," and "and electronic courses".
S.C. Code Ann. § 40-9-20 — SC Code / Title 40 / Chapter 9 / Section 40-9-20
SECTION 40-9-20. License required; students participating in a preceptorship or residency training program excepted.
Status: in_force

(A) No person may practice chiropractic in this State without a license issued by the South Carolina Board of Chiropractic Examiners as provided in this chapter, except students participating in a preceptorship or residency training program may perform without a license chiropractic procedures under the direct supervision of a chiropractic preceptor. These procedures and this supervision must be practiced within the confines of the appropriate chiropractic college or office of a licensed chiropractor. (B) No charges for professional service may be made to any patient or to his insurance company for any work performed on the patient by the students or by the licensed chiropractor on the college staff while supervising the students or by the licensed chiropractor in an office while supervising the students. However, the chiropractic college or the office of the licensed chiropractor may charge the patient for the actual costs and expenses it incurs for the use of its clinical property or facilities by the patient. (C) This section does not apply to any chiropractic college which has failed to attain accredited status from the Council on Chiropractic Education or its successors or from the Commission on Accreditation of the Straight Chiropractic Academic Standards Association. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 40-49-340 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-340
SECTION 40-49-340. Issuance of certificates without examination.
Status: in_force

Every person who was engaged in the trade or business of installing sanitary plumbing on May 4, 1945 shall be entitled to his initial certificate under SECTION 40-49-330 provided application therefor is filed with and the fee provided in said section is paid to the board issuing it within sixty days after the date of the organization of such board. No person holding a certificate granted by a board of plumbing examiners created under SECTION 40-49-20 or under SECTION 40-49-280 shall be required to have a certificate under this article to engage in the business of installing sanitary plumbing or to install sanitary plumbing in any part or section of the county or in any municipality, incorporated community or water, sewer or public service district in the county.
S.C. Code Ann. § 40-11-265 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-265
SECTION 40-11-265. Contractors who leave the State with unpaid debts and subsequently return; notarized statement to board; board authority to deny or revoke license.
Status: in_force

Notwithstanding any other provision of law, a person who is or has been licensed pursuant to the provisions of this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing (1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State and (2) all bankruptcies which the person, or any subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also authorized to revoke the person's still-valid license, as the case may be, based upon the information contained in the signed, notarized statement required by this section.
S.C. Code Ann. § 40-51-40 — SC Code / Title 40 / Chapter 51 / Section 40-51-40
SECTION 40-51-40. Regulations of board; continuing education.
Status: in_force

The Board of Podiatry Examiners may promulgate regulations to carry out this chapter including, but not limited to, regulations establishing continuing education requirements.
S.C. Code Ann. § 40-28-80 — SC Code / Title 40 / Chapter 28 / Section 40-28-80
SECTION 40-28-80. Administration of licensure program by Department of Labor, Licensing and Regulation; annual fees.
Status: in_force

(A) The program for licensure of landscape architects must be administered by the Department of Labor, Licensing and Regulation in accordance with Section 40-1-50. (B) The department annually shall prescribe reasonable fees, not to exceed the following prescribed limits, in an amount sufficient to pay for the costs of administering the provisions of this chapter in the following categories: An additional amount not to exceed one hundred dollars may be charged each out-of-state applicant in each of the above categories. Editor's Note Prior Laws: 1976 Act No. 698 SECTION 19; 1981 Act No. 129, SECTION 1; 1990 Act No. 372, SECTION 13; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-190.
S.C. Code Ann. § 40-24-20 — SC Code / Title 40 / Chapter 24 / Section 40-24-20
SECTION 40-24-20. Valid prescription required to dispense spectacles or contact lenses; penalties.
Status: in_force

(A) A person in this State may not dispense spectacles or contact lenses to a patient without a valid prescription from a provider. (B) To be valid, a prescription must contain an expiration date on spectacles or contact lenses of one year from the date of examination by the provider or a statement of the reasons why a shorter time is appropriate based on the medical needs of the patient. The prescription must take into consideration medical findings made and refractive error discovered during the eye examination. If a provider determines a patient is a suitable candidate for a prescription for contact lenses or spectacles, a provider may not thereafter refuse to issue a prescription for spectacles or contact lenses to a patient. (C) A prescription for spectacles or contact lenses may not be based solely on the refractive eye error of the human eye or be generated by a kiosk. (D) Violation of this section constitutes misconduct as provided for in Sections 40-37-110 and 40-47-110. A provider who violates this section is subject to the penalties authorized in Chapter 37, Title 40 or Chapter 47, Title 40, as applicable.
S.C. Code Ann. § 40-79-310 — SC Code / Title 40 / Chapter 79 / Section 40-79-310
SECTION 40-79-310. Exceptions from application of chapter.
Status: in_force

The provisions of this chapter do not apply to: (1) an entity that designs, sells, manufactures, or distributes alarm systems or products unless the entity sells, markets, services, or installs alarm systems at a client's residence or business; (2) an entity that owns and installs an alarm system on property owned or leased for itself; (3) any alarm device which is installed in a motor vehicle, aircraft, or boat; (4) battery-powered or one hundred ten volt smoke detectors; (5) a mechanical contractor who holds an electrical contractor's license and designs, installs, and services a fire alarm system; (6) anyone that responds to burglar alarm or fire alarm systems; and (7) camera, card access, or walk-through alarm systems.
S.C. Code Ann. § 40-53-180 — SC Code / Title 40 / Chapter 53 / Section 40-53-180
SECTION 40-53-180. Grounds for refusal to issue, suspension, or revocation of license.
Status: in_force

The Division may refuse to issue or may suspend or revoke a license on any one or more of the following grounds: (a) Failing to inform a subject to be examined as to the nature of the examination; (b) Failing to inform a subject to be examined that his participation in the examination is voluntary; (c) Material misstatement in the application for original license or in the application for any renewal license under this chapter; (d) Wilful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, wilfully making a false report concerning an examination for polygraph examination purposes; (e) If the holder of any license has been adjudged guilty of the commission of a felony or misdemeanor involving moral turpitude; (f) Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees; (g) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter; (h) Allowing one's license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter; (i) Wilfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto; (j) Where the license holder has been adjudged as a habitual drunkard or mentally incompetent as provided for in the 1976 Code; (k) Failing, within a reasonable time, to provide information requested by the Division as the result of a formal complaint to the Division which would indicate a violation of this chapter; or (l) Failing to inform the subject of the results of the examination if so requested.
S.C. Code Ann. § 40-11-510 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-510
SECTION 40-11-510. Definitions.
Status: in_force

As used in this article: (1) "Action" means a civil action in any forum, including an arbitration proceeding, for damages or indemnity asserting a claim for damages, injury, or loss arising out of an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specification, and design drawings, and the work of making the real estate suitable as a site for the building or structure, surveying and staking, the grading, bulldozing, leveling, excavating, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6) including final disposal by a construction and demolition landfill of nonresidential property. (2) "Claimant" means a person or entity who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specifications, and design drawings and the work of making real estate suitable as a site for building or structure, surveying and staking, the grading, bulldozing, leveling, excavation, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill of nonresidential property. (3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or construction of nonresidential improvements that results from any of the following: (a) defective material, products, or components used in the construction of nonresidential improvements; (b) failure to substantially comply with applicable building codes in effect at the time of construction of nonresidential improvements; (c) failure of the design of nonresidential improvements to meet the applicable professional standards of care and applicable building codes at the time of governmental approval of the design of nonresidential improvements; (d) failure to construct nonresidential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction; or (e) failure to comply with applicable building codes. Substantial compliance with the applicable building codes in effect at the time of construction conclusively establishes construction in accordance with accepted industry trade standards with respect to all matters specified in those codes. (4) "Contractor" means a person licensed or registered pursuant to the provisions of Chapter 11, Title 40, who is engaged in the business of designing, developing, or constructing nonresidential properties. (5) "Design professional" means a person licensed or registered pursuant to the provisions of Title 40 as an architect, landscape architect, engineer, or surveyor. (6) "Nonresidential property" means any property, building, structure, or improvement to real property that is not a dwelling as defined in Section 40-59-820. (7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee. (8) "Subcontractor" means a contractor who performs work on behalf of another contractor in the construction of a nonresidential property who is licensed or registered pursuant to the provisions of Title 40. (9) "Supplier" means a person who provides materials, equipment, or other supplies for the construction of a nonresidential property.
S.C. Code Ann. § 40-85-190 — SC Code / Title 40 / Chapter 85 / Section 40-85-190
SECTION 40-85-190. Payment of costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-29-310 — SC Code / Title 40 / Chapter 29 / Section 40-29-310
SECTION 40-29-310. Board entry for purpose of inspection.
Status: in_force

The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standards Act and the regulations of the board have been and are being met. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-220.
S.C. Code Ann. § 40-25-20 — SC Code / Title 40 / Chapter 25 / Section 40-25-20
SECTION 40-25-20. Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Department" means the Department of Health and Environmental Control. (2) "Commission" means the State Commission for Hearing Aid Specialists. (3) "License" means a license issued by the department under this chapter to hearing aid specialists. (4) "Temporary permit" means a permit issued while the applicant is in training to become a licensed hearing aid specialist. (5) "Hearing aid" means an acceptable wearable instrument or device designated or offered to aid or compensate for impaired human hearing and parts, attachments, or accessories, including earmold, but excluding batteries and cords. (6) "Practice of specializing in hearing aids" means the measurement of human hearing by an audiometer and by other established means solely for fitting, making selections, adaptations, or sale of hearing aids. It also includes the making of impressions for earmolds. (7) "Sell" or "sale" means the transfer of title or of the right to use by lease, bailment, or other contract, excluding wholesale transactions with distributors or specialists. (8) "Hearing aid specialist" means an individual licensed under this chapter to engage in the practice of specializing in hearing aids. (9) "Audiologist" means an individual licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist. (10) "Otolaryngologist" means a licensed physician specializing in ear, nose, and throat.
S.C. Code Ann. § 40-47-530 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-530
SECTION 40-47-530. Persons not subject to provisions of this article.
Status: in_force

(A) This article does not affect: (1) a person employed to provide respiratory care by the United States government if the person provides respiratory care solely under the direction or control of the organization by which the person is employed; (2) a person actively pursuing a course of study leading to a degree or certificate in respiratory therapy in a program accredited by the American Medical Association or a successor accrediting authority recognized as such by the board if the activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates the status of student; (3) an individual or other health care professional who is licensed by the State or who has proven competency in one or more of the functions included in the definition of the practice of respiratory care as long as the person does not represent himself as a respiratory care practitioner. As it relates to respiratory care, individuals exempt pursuant to this section must provide proof of formal training for these functions which includes an evaluation of competence through a mechanism that is determined by the board and the committee to be both valid and reliable. The clinical assessment of artificial pressure adjuncts to the respiratory system may not be performed by any other person without proof of formal training and exemption by the board. (4) a respiratory therapy student, active and in good standing, who may be employed and works under the direct supervision of a respiratory care practitioner and practices to the person's level of proven clinical competency as certified by a program approved by the American Medical Association or a successor accrediting authority recognized as such by the board; (5) employees of durable medical equipment companies delivering and setting up respiratory equipment in an individual's home, pursuant to a written prescription by a physician, except that any instructions to the patient regarding the clinical use of the equipment, any patient monitoring, patient assessment or other procedures designed to evaluate the effectiveness of the treatment must be performed by a licensed respiratory care practitioner or other individual who is exempt by statute or regulation. (B) Nothing in this article is intended to limit, preclude, or otherwise interfere with the practice of other persons and health providers formally trained and licensed by the appropriate agencies of this State.
S.C. Code Ann. § 40-19-245 — SC Code / Title 40 / Chapter 19 / Section 40-19-245
SECTION 40-19-245. Student permits to engage in practice of funeral service.
Status: in_force

(A) Upon registration with the South Carolina State Board of Funeral Service, the board shall issue a student permit authorizing the student to engage in the practice of funeral service if: (1) the student is enrolled in an accredited mortuary science college or mortuary science college or a program in the process of seeking accreditation in South Carolina; (2) the funeral service activities in which the student engages are in conjunction with the student's academic training; and (3) the student's funeral service activities are under the supervision of a licensee designated by an accredited mortuary science college in South Carolina. (B) The board shall promulgate regulations to implement the provisions of this section.
S.C. Code Ann. § 40-60-31 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-31
SECTION 40-60-31. Qualifications.
Status: in_force

To qualify as an appraiser, an applicant shall: (1) have attained the age of eighteen years; (2) satisfy educational requirements of having: (a) as an apprentice, state-licensed, or mass appraiser: (i) a high school diploma; or (ii) hold a certificate of equivalency; (b) as a state-certified residential appraiser: (i) a high school diploma or certificate of equivalency; and (ii) additional education as required by the Appraiser Qualifications Board of the Appraisal Foundation or as promulgated by the board through regulation; (3) submit proof of completion of appraiser qualifying education as required by the Appraiser Qualifications Board and experience requirements as specified in this chapter or promulgated by the board through regulation; (4) submit certificates of licensure from all jurisdictions where presently or previously certified; (5) submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division, a national criminal records check, supported by fingerprints, conducted by the FBI, and, if required by the Appraiser Qualifications Board, undergo a criminal background check in compliance with AQB requirements to be submitted by the applicant with his application; and (6) pass an examination, if applicable. An applicant who does not become licensed or certified within two years after passing the examination must retake the examination. Editor's Note Prior Laws:1991 Act No. 12, SECTION 1; 1993 Act No. 143, SECTION 3; 2000 Act No. 335, SECTION 1; 1976 Code SECTIONS 40-60-70, 40-60-80. Effect of Amendment 2014 Act No. 180, SECTION 2, rewrote subsection (2), added subsection (5); redesignated former subsection (5) as subsection (6); and rewrote subsection (6). 2024 Act No. 196, SECTION 4, rewrote the section.
S.C. Code Ann. § 40-38-150 — SC Code / Title 40 / Chapter 38 / Section 40-38-150
SECTION 40-38-150. Voluntary surrender of license by licensee under investigation.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-33-1345 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1345
SECTION 40-33-1345. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.
Status: in_force

(A) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. (1) The commission is an instrumentality of the party states. (2) Venue is proper, and judicial proceedings by or against the commission must be brought, solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this compact may be construed to be a waiver of sovereign immunity. (B) Membership, voting, and meetings. (1) A party state must have and be limited to one administrator. The administrator of the nurse licensing board or his designee must be the administrator of this compact for each party state. An administrator may be removed or suspended from office as provided by the law of the state from which he is appointed. A vacancy occurring in the commission must be filled in accordance with the laws of the party state in which the vacancy exists. (2) An administrator is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. (3) The commission shall meet at least once during each calendar year. Additional meetings must be held as provided in the bylaws or rules of the commission. (4) A meeting must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in Section 40-33-1350. (5) The commission may convene in a closed, nonpublic meeting if the commission must discuss: (a) noncompliance of a party state with its obligations under this compact; (b) the employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees, or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation; (d) negotiation of contracts for the purchase or sale of goods, services, or real estate; (e) accusing a person of a crime or formally censuring a person; (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigatory records compiled for law enforcement purposes; (i) disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or (j) matters specifically exempted from disclosure by federal or state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons for taking the actions, including a description of the views expressed. All documents considered in connection with an action must be identified in these minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (C) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to: (1) establishing the fiscal year of the commission; (2) providing reasonable standards and procedures: (a) for the establishment and meetings of other committees; and (b) governing any general or specific delegation of any authority or function of the commission; (3) establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission; (4) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission; provided that notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; (5) providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations; and (6) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed. (D) The commission shall publish its bylaws and rules, and any amendments to them, in a convenient form on the website of the commission. (E) The commission shall maintain its financial records in accordance with the bylaws. (F) The commission shall meet and take actions consistent with the provisions of this compact and the bylaws. (G) The commission has power to: (1) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact, and these rules have the force and effect of law and are binding in all party states; (2) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of a licensing board to sue or be sued under applicable law may not be affected; (3) purchase and maintain insurance and bonds; (4) borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations; (5) cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space, or other resources; (6) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (7) accept appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services, and to receive, use, and dispose of the same; provided that the commission shall avoid any appearance of impropriety or conflict of interest; (8) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that the commission shall avoid any appearance of impropriety; (9) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed; (10) establish a budget and make expenditures; (11) borrow money; (12) appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; (13) provide and receive information from, and to cooperate with, law enforcement agencies; (14) adopt and use an official seal; and (15) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice. (H) Financing of the commission. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission also may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states. (3) The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor may the commission pledge the credit of any of the party states, except by, and with the authority of, such party state. (4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. (I) Qualified immunity, defense, and indemnification. (1) The administrators, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this item may be construed to protect him from suit or liability for any damage, loss, injury, or liability caused by his intentional, wilful, or wanton misconduct. (2) The commission shall defend an administrator, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein may be construed to prohibit that person from retaining his own counsel; and provided further that the actual or alleged act, error, or omission did not result from that person's intentional, wilful, or wanton misconduct. (3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the commission for the amount of a settlement or judgment obtained against that person arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that he had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from his intentional, wilful, or wanton misconduct. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Head of nurse licensing board designated administrator of compact for state; furnishing information on licensees; development of uniform rules and regulations.
S.C. Code Ann. § 40-43-88 — SC Code / Title 40 / Chapter 43 / Section 40-43-88
SECTION 40-43-88. Sterile preparations.
Status: in_force

(A) All sterile pharmaceuticals prepared for dispensing must be labeled in accordance with Section 40-43-86 and include: (1) name, address, and telephone number of the pharmacy for outpatients and name of the facility for inpatients; (2) dating of a nonadditive solution if the manufacturer's protective cover, if applicable, is removed before dispensing; (3) name of prescribing physician; (4) room number and bed of patient, if applicable; and (5) special handling, storage requirements, or both. (B) Bulk or unformulated drug substances and added substances or excipients must be stored in tightly closed containers under temperature, humidity, and lighting conditions that are either indicated in official monographs or approved by suppliers. The date of receipt by the compounding facility must be clearly and indelibly marked on each package of ingredients. After receipt by the compounding facility, packages of ingredients that lack a supplier's expiration date cannot be used after one year unless either appropriate inspection or testing indicates that the ingredient has retained its purity and quality for use in CSPs. (C) When sterile pharmaceuticals are provided to home care patients, the dispensing pharmacy may supply a nurse with emergency drugs if a physician has authorized the use of these drugs by a protocol or prescription drug order for use in an emergency situation, such as anaphylactic shock. (D) A licensed health care professional may possess noncontrolled legend drugs or devices such as water for injection, normal saline for an IV, and heparin flushes to facilitate in the administration of prescribed CSPs. (E) There must be a system that requires an institutional or home infusion pharmacist to be available twenty-four hours a day for a patient, nursing agency, or physician to which the pharmacy is providing services. Effect of Amendment 2018 Act No. 143, SECTION 3, rewrote the section, revising and broadening associated standards relating to the handling of sterile preparation by pharmacies. 2024 Act No. 132, SECTION 4, deleted (A) to (H) and redesignated former (I) to (M) as (A) to (E).
S.C. Code Ann. § 40-38-190 — SC Code / Title 40 / Chapter 38 / Section 40-38-190
SECTION 40-38-190. Confidentiality of proceedings under provisions of this chapter.
Status: in_force

All investigations and proceedings undertaken under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-25-160 — SC Code / Title 40 / Chapter 25 / Section 40-25-160
SECTION 40-25-160. Complaints against licensees; hearing; suspension or revocation of license; grounds; refunds.
Status: in_force

(A) A person wishing to make a complaint against a licensee under this chapter shall file a written complaint with the department within one year from the date of the action upon which the complaint is based. If the department determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter must be suspended or revoked, it shall make an order fixing a time and place for hearing and require the licensee complained against to appear and defend against the complaint. The order and copy of the complaint must be served upon the licensee at least thirty days before the date set for hearing, personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of hearing date must be made if for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the department may compel the attendance of witnesses by subpoenas issued by the department under its seal. (B) A person registered under this chapter may have his license revoked or suspended for a fixed period or be required to make a refund by the department for: (1) conviction of a felony or misdemeanor involving moral turpitude. The record of conviction or a certified copy, certified by the clerk of court or by the judge in whose court the conviction is had, is conclusive evidence of the conviction; (2) procuring of license by fraud or deceit practiced upon the department; (3) unethical conduct, including, but not limited to: (a) obtaining a fee or making a sale by fraud or misrepresentation; (b) knowingly employing directly or indirectly a suspended or unregistered person to perform work covered by this chapter; (c) using or causing or promoting the use of advertising matter, promotional literature, or testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful; (d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised; (e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the words "doctor" or "clinic" or similar words, abbreviations, or symbols which tend to connote the medical profession when the use is not the case. No hearing aid specialist who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids; (f) habitual intemperance; (g) gross immorality; (h) permitting another's use of a license; (i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist; (j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to a person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid specialist; (k) stating or implying that the use of a hearing aid will restore or preserve hearing or prevent or retard progression of hearing impairment; (4) conducting business while suffering from a contagious or infectious disease; (5) engaging in the practice of specializing in hearing aids under a false name or alias with fraudulent intent; (6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids or where it is medically impossible to conduct routine testing; (7) gross incompetence or negligence in fitting and selling hearing aids; or (8) violating this chapter. (C) If a refund must be made under this section, the department may suspend the license of the person required to make the refund until it is made.
S.C. Code Ann. § 40-2-90 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-90
SECTION 40-2-90. Report of violations to board; hearing; notice to accused licensee or registrant.
Status: in_force

(A) If the Department of Labor, Licensing and Regulation or the board has reason to believe that a licensee or registrant has violated a provision of this chapter or a regulation promulgated pursuant to this chapter or that a licensee has become unfit to practice as a certified public accountant, a public accountant, or an accounting practitioner the department shall present its evidence to the board and the board may, in accordance with the Administrative Procedures Act, take action as authorized by law. The board may designate a hearing officer or panel to conduct hearings or take other action as may be necessary. (B) The board shall notify the accused licensee or registrant in writing not less than thirty days before the hearing with a copy of the formal charges attached to the notice. The notice must be served personally or sent to the charged licensee or registrant by certified mail, return receipt requested, directed to his or her last mailing address furnished to the board. The post office registration receipt signed by the licensee or registrant, his or her agent, or a responsible member of his or her household or office staff, or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice. (C) If a hearing is to be held, the licensee or registrant has the right to be present, to present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel at the licensee's or registrant's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses, the production of documents and other evidence, and may administer oaths and hear testimony, either oral or documentary, for and against the accused licensee. All evidence, including the records that the board or the board's hearing panel considers, must be made part of the record in the proceedings. These hearings must be open to the public, except: (1) as necessary to protect confidential information in accordance with federal or state law; and (2) as necessary to protect confidential information provided by a client for whom a licensee performs services, or the heirs, successors, or personal representatives of the client. (D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member pursuant to this chapter, whether by way of complaint or testimony, is privileged against liability. No action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that the communication was made with malice. (E) Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law. Effect of Amendment 2019 Act No. 68, SECTION 6, rewrote (C), providing that disciplinary hearings by the board must be open to the public, except in certain circumstances, and all evidence must be made part of the record in the proceedings. 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-61-110 — SC Code / Title 40 / Chapter 61 / Section 40-61-110
SECTION 40-61-110. Disciplinary action; publication and review of board decision.
Status: in_force

If the board is satisfied that the registered environmental sanitarian is guilty of any offense charged in the formal accusation provided for in this chapter, it must revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the sanitarian to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the sanitarian as circumstances warrant until the sanitarian demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must then be mailed by the secretary of the board to the accused at his last known address as provided to the board. Any final order of the board finding that a registered environmental sanitarian is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state associations, and all registered environmental sanitarians with which the respondent is associated, states where the registered environmental sanitarian has a certificate as known to the board, and to any other source that the board wishes to furnish this information. Any decision by the board to revoke, suspend, or otherwise restrict the certificate must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the sanitarian with an administrative law judge and a copy served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the sanitarian. The review is limited to the record established by the board's hearing.
S.C. Code Ann. § 40-81-260 — SC Code / Title 40 / Chapter 81 / Section 40-81-260
SECTION 40-81-260. Boxing license; pre-fight physical.
Status: in_force

(A) In order to be licensed as a boxer for an event or exhibition, an applicant: (1) must be between the ages of 18 and 35, unless the commission by a supermajority vote waives this requirement as to an individual applicant over the age of 35; (2) must not be listed on the Association of Boxing Commissions' National Suspension List; (3) shall submit a completed application with payment of the prescribed fee; (4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological, and ophthalmologic examination, that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of these examinations, there is any indication of brain injury, or for any other reason the physician considers appropriate, the applicant must undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the boxer is eligible to participate or compete; (5) shall submit evidence that the applicant has been tested not more than one year before the scheduled event or exhibition and is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C; (6) shall submit any additional documentation required by federal law pertaining to boxing. (B) A boxer shall submit to a pre-fight physical by a ringside physician and be found eligible to compete and not medically disqualified.
S.C. Code Ann. § 40-35-40 — SC Code / Title 40 / Chapter 35 / Section 40-35-40
SECTION 40-35-40. Issuance of license; qualifications and requirements.
Status: in_force

(A) The board shall issue a nursing home administrator license to a person who submits evidence satisfactory to the board that the person: (1) is at least twenty-one years of age; (2) has not been convicted of any criminal act that is relevant to the practice of nursing home administration, including financial misconduct or physical violence; (3) is of reputable and responsible character and is of sound physical and mental health sufficient to perform the duties of a nursing home administrator; (4)(a) has a baccalaureate degree or higher in health care administration or related health care degree from an accredited college or university and one year of practical experience in nursing home administration or related health care administration; (b) has a baccalaureate degree other than in health care administration from an accredited college or university and two years of practical experience in nursing home administration or related health care administration; (c) has a health-related associates degree from an accredited college or university and three years of practical experience in nursing home administration or related health care administration; or (d) has a combination of education and experience as established by the board in regulation; (5) has successfully completed the nursing home administrators' examination administered by the board; and (6) has paid the applicable fees. (B) The board shall issue a community residential care facility administrator license to a person who submits evidence satisfactory to the board that the person: (1) is at least twenty-one years of age; (2) has not been convicted of any criminal act that is relevant to the practice of community residential care facility administration, including financial misconduct or physical violence; (3) is of reputable and responsible character and is of sound physical and mental health sufficient to perform the duties of a community residential care facility administrator; (4)(a) has a nonhealth-related associates degree or is a licensed practical nurse with at least one year of on-site work experience of at least three hundred eighty-four hours with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator; (b) has a health-related associates degree with at least nine months of on-site work experience of at least two hundred eighty-eight hours with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA; (c) has a baccalaureate degree or higher with at least six months of on-site work experience of at least one hundred ninety-two hours with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA; (d) has a combination of education and experience as established by the board in regulation; or (e) provided, however, a person initially licensed as a community residential care facility administrator before July 1, 2000, must have at least a high school diploma or the equivalent and at least two years of on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator; (5) has successfully completed the community residential care facility administrators' examination administered by the board and has paid the established fees. (C) The board may establish qualifications in regulation for the issuance of a combined nursing home administrator and community residential care facility administrator license. (D) An applicant for a nursing home administrator license or a community residential care facility administrator license shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine state criminal history and a federal fingerprint review to be conducted by the Federal Bureau of Investigation to determine other criminal history. In addition to the fingerprint fee, the results of the reviews must be furnished to the board by the applicant before initial licensure. (E) An applicant for a nursing home administrator license or a community residential care facility administrator license shall provide a current credit report before initial licensure. (F) An application must be submitted on forms prescribed by the department and developed in consultation with the board. Editor's Note Prior Laws:1962 Code SECTION 56-1703; 1970 (56) 2085; 1980 Act No. 390, SECTION 2; 1987 Act No. 172, SECTION 2; 1990 Act No. 605, SECTION 1; 1997 Act No. 66, SECTION 1; 1976 Code SECTION 40-35-30. Effect of Amendment 2014 Act No. 271, SECTION 2, in subsection (A)(4)(a) substituted "or higher in health care administration or related health care degree" for "in nursing home administration or related health care administration"; added subsection (A)(4)(c); redesignated former subsection (A)(4)(c) as (A)(4)(d); and rewrote subsection (B).
S.C. Code Ann. § 40-37-235 — SC Code / Title 40 / Chapter 37 / Section 40-37-235
SECTION 40-37-235. Denial of license on basis of prior criminal record.
Status: in_force

A license for optometry may be denied based on a person's prior criminal record as provided for in Chapter 1 of Title 40.
S.C. Code Ann. § 40-81-20 — SC Code / Title 40 / Chapter 81 / Section 40-81-20
SECTION 40-81-20. Definitions.
Status: in_force

For the purpose of this chapter: (1) "Admissions" means the amount paid for seats to witness an event or exhibition or any fee charged for presenting an event or exhibition including, but not be limited to, complimentary tickets given in exchange for services. This term does not include admission for contestants, officials, representatives of the commission, and the media. (2) "Administrator" means the individual whom the Director of the Department of Labor, Licensing and Regulation appoints to administer the State Athletic Commission program. (3) "Announcer" means any person who is licensed by the commission and is designated by the promoter to introduce the participants and provide information to the public at the event or exhibition. (4) "Bout" means the individual contest between two participants for a scheduled number of rounds. (5) "Boxer" means a person who competes for a purse or compensation in boxing matches, contests, or exhibitions. (6) "Boxing" means any form of event or exhibition in which a person delivers blows to another, with any part of the arm below the shoulder, including the hand, which may be reasonably expected to disable or inflict injury. (7) "Combative sports" means any professional sport where participants intend and actually kick, punch, and use other techniques to injure or disable an opponent in an event or exhibition before an audience on a platform, a pad, or in an area surrounded by ropes or other markings. (8) "Commission" means the State Athletic Commission. (9) "Contestant" means any one who competes or participates in an event or exhibition regulated by the State Athletic Commission. (10) "Department" means the Department of Labor, Licensing and Regulation. (11) "Department representative" means the individual designated by the administrator, at the request of the director, to supervise an event or exhibition regulated by the State Athletic Commission. (12) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee. (13) "Emergency medical technician" means a person who is certified by the Department of Health and Environmental Control pursuant to the Emergency Medical Services Act. (14) "Event" means an occurrence, bout, or contest regulated by the State Athletic Commission in which any contestant displays or exhibits athletic skills in competition. (15) "Exhibition" means an occurrence in which the participant shows, displays, or performs without striving to win. (16) "Kickboxing" means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand and any part of the leg below the hip, including the foot. (17) "License" means the written approval given, upon application, by the commission to a person, club, corporation, organization, or association to participate in or promote events or exhibitions regulated by the State Athletic Commission. (18) "Manager" means a person who does any of the following: (a) by contract with a person undertakes or has undertaken to represent in any way the interest in which a contestant is to participate and receive monetary or other compensation for his services without regard to the source of the compensation; (b) directs or controls the professional activities of a contestant; (c) receives or is entitled to receive a share of the gross purse or gross income of an event or exhibition; (19) "Matchmaker" means a person who undertakes to obtain agreements between managers or contestants, or both, for the purpose of securing contestants for a boxing event or exhibition regulated by the State Athletic Commission. (20) "Official" means the judges, referees, timekeepers, and other persons assigned by the administrator and necessary to conduct an event or exhibition. (21) "Participant" means a person who acts as a promoter, boxer, wrestler, judge, referee, manager, contestant, trainer, second, timekeeper, announcer, or matchmaker in connection with an event or exhibition regulated by the State Athletic Commission. (22) "Permit" means the written approval given, upon application, by the commission to a promoter to hold and conduct an event or exhibition regulated by the State Athletic Commission at a specific time, date, and location. (23) "Person" means an individual, group of individuals, business, corporation, partnership, association, or collective entity. (24) "Physician" means a person licensed to practice medicine or osteopathy in this State. (25) "Professional kick boxer" means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot, and the person is compensated with anything of value. (26) "Promoter" means a person, club, corporation, organization, or association which promotes, advertises, presents, conducts, holds, or gives a boxing, kickboxing, mixed martial arts, or wrestling event or exhibition in this State. (27) "Promoter"s representative' means a person who is designated in writing by the promoter to ensure compliance with this chapter and who has binding authority for all promoters. (28) "Purse" means the total amount paid by a promoter to the contestants and officials for participating in an event or exhibition. (29) "Ringside physician" is the physician responsible for examining the contestant before, during, and after each event or exhibition and who is present at ringside for the entire event or exhibition. (30) "Second" means a person who is licensed by the commission to serve in the corner of a professional boxer during the bout. (31) "Technical knockout" means a victory with immediate termination of the bout or match, ordered by the referee, when it appears that one boxer is unable to continue. (32) "Toughman contest" or "off the street boxing" means a competition in which contestants who have no professional experience as boxers compete in a series of boxing matches. The term does not include an amateur contest or exhibition that complies with the provisions of Section 40-81-500. (33) "Trainer" means any person who is licensed by the commission and trains individuals to compete in professional boxing or kickboxing events or exhibitions. (34) "Mixed martial arts" means an event or exhibition, or part thereof, where the contestants are compensated and allowed to use any variation or combination of combative sports or fighting skills, which may include, but are not limited to, boxing, wrestling, kickboxing, or martial art skills. (35) "Weapon" means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports. (36) "Wrestler" means a person who performs before, during, or after a wrestling event or exhibition which is in conjunction in any way with the event or exhibition or its script. These persons shall meet all qualifications for licensure and pay the prescribed fee. (37) "Wrestling" means events or exhibitions choreographed such that two or more opponents struggle hand to hand in an attempt to force another down for the purpose of providing entertainment to spectators.
S.C. Code Ann. § 40-35-30 — SC Code / Title 40 / Chapter 35 / Section 40-35-30
SECTION 40-35-30. Supervision of facilities and centers by licensed administrators.
Status: in_force

(A) A nursing home or community residential care facility within this State may not operate except under the supervision of an administrator licensed in accordance with this chapter. (B) A habilitation center for persons with intellectual disability or persons with related conditions, funded in whole or in part by the Department of Behavioral Health and Developmental Disabilities, must be under the supervision of a licensed nursing home administrator or a qualified intellectual disability professional who has been determined by the department to have the requisite training and experience. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-7-190 — SC Code / Title 40 / Chapter 7 / Section 40-7-190
SECTION 40-7-190. Confidentiality of investigations and proceedings.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-58-65 — SC Code / Title 40 / Chapter 58 / Section 40-58-65
SECTION 40-58-65. Maintenance, availability, and examination of records; mortgage loan logs; official place of business; notice to close branch office or to cease business in State.
Status: in_force

(A) A mortgage broker licensed pursuant to this chapter must maintain at his usual place of business books, records, and documents pertaining to the business conducted, to enable the administrator to determine compliance with this chapter, and shall include a mortgage loan log that contains these specific data elements: (i) credit score of the borrower, (ii) adjustable or fixed type of loan, (iii) term of the loan, (iv) annual percentage rate of the loan, and (v) appraised value of the collateral. Each licensee shall submit its mortgage loan log data and the data identified in 12 C.F.R. Part 1003, et seq., in a form determined by the administrator by March thirty-first of each year. The licensee shall pay a fine of one hundred dollars a day for late or incomplete data submissions. Data collected by the administrator pursuant to this section is confidential and may be released only in composite form. The administrator shall prepare and make available to the public a report based on the above data. The report must be available by June thirtieth of each year. The mortgage loan log must be completed with information known at the time of review by the administrator and must include loans in process, closed loans, turndowns, denials, and withdrawals. A mortgage broker with two or more licensed offices may consolidate the records at any one of the licensed offices so long as the administrator is notified of the location of the records. The records must be available for examination to the administrator or his designee upon request. Books and records must be maintained for at least three years. A licensee's records may be maintained electronically, if approved by the administrator, so long as they are readily accessible for examination by the administrator. (B) A licensed mortgage broker with an official place of business also may maintain one or more branch offices if the: (1) mortgage broker notifies the administrator in writing seven days before the opening of a branch office of the location of the branch office, the branch manager for each branch location, the location of all records pertaining to business transacted from the branch office, and the branch location's business hours; (2) mortgage broker notifies the administrator in writing within seven business days of closing a branch office; and (3) mortgage broker licensee is responsible and accountable for the activities of all licensed locations, branch managers, and loan originators. Compliance reviews must include examination of all facts and circumstances of branch operations to ensure this responsibility and accountability. (C) The administrator may examine the books and records of a mortgage broker and other documents and records to determine whether there has been substantial compliance with this chapter. Unless there is reason to believe a violation of this chapter has occurred, examinations must be limited to one each year. Records and information obtained by the administrator during an examination are confidential and the administrator must certify that it is in compliance with the Right to Financial Privacy Act (RFPA). (D) The administrator may cooperate and share information with an agency of this State, other states, or the federal government. The administrator may accept or participate in examinations conducted by one of these agencies. (E) If the mortgage broker fails to notify the administrator of the existence or closing of a branch office, the actual operating hours of the main or branch offices where records are kept, or the whereabouts of its records, the broker is subject to penalties as set forth in Section 40-58-80. (F) A mortgage broker licensee who ceases doing business in this State must notify the administrator at least seven days in advance. The notification must include a withdrawal plan that includes a timetable for disposition of the business, the location of the books, records, and accounts until the end of the retention period, and certification of the proper disposal of those records. (G) A mortgage broker licensee may develop, maintain, and test disaster recovery plans for all records that are maintained. Editor's Note Prior Laws:1993 Act No. 172, SECTION 1; 1996 Act No. 429, SECTION 3; 1998 Act No. 336, SECTION 8; 2005 Act No. 7, SECTION 1. Effect of Amendment 2017 Act No. 93, SECTION 13, amended the section, removing certain physical presence requirements.
S.C. Code Ann. § 40-69-250 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-250
SECTION 40-69-250. Renewal and reinstatement; duplicate license; display of license; notification of change of name or address.
Status: in_force

(A) A license issued pursuant to this chapter is valid for a period of time not to exceed two years. The license may be renewed in accordance with procedures promulgated by the board through regulation upon the payment of a renewal fee and upon fulfillment of continuing education, as required by the board through regulation. Failure to pay the renewal fee, including any late fees, before the first day of February of the renewal year renders the license void. (B) A licensee who allows the license to lapse by failing to renew the license in accordance with this section may be reinstated by the board upon payment of renewal fees and satisfaction of continuing education requirements, if required, by the board through regulation. The board may assess a reinstatement fee and impose additional requirements for reinstatement as may be established by regulation. (C) The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee established in regulation. A duplicate license must have the word "Duplicate" typed or printed across the face of the license. (D) A person licensed pursuant to this chapter must display the license in a prominent and conspicuous place in the person's primary place of practice. (E) A licensee shall notify the board in writing of a change in name or mailing address within thirty days and, when requesting a name change on a license, shall submit legal documentation indicating the name change.
S.C. Code Ann. § 40-69-120 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-120
SECTION 40-69-120. Sanctions.
Status: in_force

Upon a determination by the board, after a disciplinary hearing conducted pursuant to the requirements of this chapter, that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
S.C. Code Ann. § 40-37-300 — SC Code / Title 40 / Chapter 37 / Section 40-37-300
SECTION 40-37-300. Establishing pharmacy or selling pharmaceutical agents; dispensing contact lenses.
Status: in_force

(A) An optometrist may not establish a pharmacy in an optometry office or sell pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when these prescriptions are filled. However, nothing in this section or in any other provision of law prohibits a licensed optometrist from administering or supplying pharmaceutical agents to a patient, without charge for the pharmaceutical agents, to initiate appropriate treatment. (B) Notwithstanding subsection (A) or any other provision of law, an optometrist may purchase, possess, administer, sell, prescribe, or dispense contact lenses, contact lens solutions, and topically applied dyes. (C) For purposes of this chapter "supply" is limited to pharmaceutical agents given to a patient by an optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist. Editor's Note Prior Laws:1993 Act No. 65, SECTION 2; 1976 Code SECTION 40-37-106.
S.C. Code Ann. § 40-49-260 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-260
SECTION 40-49-260. Enforcement; penalties.
Status: in_force

The plumbing inspector or other appropriate official or employee of the county health board shall see that all rules and regulations touching such sanitary plumbing are faithfully and diligently observed and executed. Any person wilfully failing or refusing to comply with any applicable rule or regulation provided and prescribed hereunder, after written notice of such rule or regulation and demand for compliance therewith, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or imprisonment of not more than thirty days. Each day, after conviction of any such failure or refusal to comply, that such failure or refusal shall continue shall constitute a separate offense, subject to like conviction and punishment.
S.C. Code Ann. § 40-45-80 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-80
SECTION 40-45-80. Investigation of complaints and violations; advisors.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Section 40-1-80. Nonboard members may serve as advisors to provide professional expertise to inspectors or investigators.
S.C. Code Ann. § 40-3-190 — SC Code / Title 40 / Chapter 3 / Section 40-3-190
SECTION 40-3-190. Confidentiality of investigations and proceedings.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-13-310 — SC Code / Title 40 / Chapter 13 / Section 40-13-310
SECTION 40-13-310. Minimum curriculum for schools and qualifications for instructors; instructor's license; fee; renewal.
Status: in_force

A minimum curriculum for schools and minimum qualifications for instructors must be prescribed by the board in regulation . The board shall issue an instructor's license to a person who meets the prescribed qualifications upon payment of the fee for an instructor's examination and the license fee. The instructor's license must be renewed biennially upon the payment of a renewal fee by the instructor and upon proof to the board of the instructor having had advanced training approved by the board during the year. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-22; 1948 (45) 2079; 1952 Code SECTION 56-472; 1953 (48) 432; 1962 Code SECTION 56-472; 1963 (53) 553; 1971 (57) 293; 1982 Act No. 388; 1976 Code SECTION 40-13-180.
S.C. Code Ann. § 40-33-150 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-150
SECTION 40-33-150. Surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
S.C. Code Ann. § 40-29-260 — SC Code / Title 40 / Chapter 29 / Section 40-29-260
SECTION 40-29-260. Warranty requirements.
Status: in_force

(A) A manufactured home manufacturer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer: (1) all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from defect in material and workmanship; (2) the manufactured home complies with this chapter and regulations promulgated under this chapter; (3) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery; (4) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the department or by the consumer; (5) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter; (6) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later. (B) A manufactured home retail dealer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer: (1) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and do not bring the manufactured home out of compliance with the standards and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment; (2) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the department or by the consumer; (3) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later; (4) installation performed by the dealer of the manufactured home must be performed in compliance with applicable federal or state law regulations or standards for the installation of manufactured homes and during the course of installation and transportation of the manufactured home by the manufactured home retail dealer, defects do not occur; (5) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification. (C) For twelve months after completion of the work a manufactured home contractor warrants: (1) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes; (2) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards; (3) his performance will not cause defects in the home. (D) For twelve months after completion of the work a manufactured home installer warrants that: (1) all installations are performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes; (2) his performance will not cause defects in the home. (E) For at least ninety days after completion of the work a manufactured home repairer warrants that: (1) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes; (2) his performance will not cause defects in the home. (F) Appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer, retail dealer, contractor, installer, or repairer by the department or by the consumer. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1996 Act No. 301, SECTION 12; 1976 Code SECTION 40-29-170.
S.C. Code Ann. § 40-29-190 — SC Code / Title 40 / Chapter 29 / Section 40-29-190
SECTION 40-29-190. Term and expiration; requirements for licensure; real estate broker and lien-holder exceptions; denial; display; experience requirement for retail sales license; reciprocity.
Status: in_force

(A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. No person may: (1) manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the State a manufactured home which is manufactured on or after the effective date of the Construction and Safety Standards Act which does not comply with the standard; (2) fail or refuse to permit access to or copying records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by Sections 40-29-320 and 40-29-330; (3) fail to furnish notification of a defect as required by 42 U.S.C. 5414; (4) fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable construction and safety standards if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect; (5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person duly authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act; (6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect; (7) fail to properly and prominently display the energy efficiency label required by Section 40-29-360. (B) Subsection (A)(1) does not apply to: (1) the sale or the offer for sale of a manufactured home after its first purchase in good faith for purposes other than resale. (2) a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with the Construction and Safety Standards Act or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not so conform.