S.C. Code Ann. § 40-27-10 — SC Code / Title 40 / Chapter 27 / Article 1 / Section 40-27-10
SECTION 40-27-10. Record of purchases; nonferrous metals.
Status: in_force

A person or entity buying junk other than junk that consists of nonferrous metals, as defined by Section 16-17-680, or vehicles shall keep a book that the person or entity shall keep open to the inspection of all persons, wherein the person or entity shall set down the name and address, city, and street of every person selling junk and an itemized statement of all junk bought from such persons and the purchase dates. A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles is subject to the provisions of Sections 56-5-5670 and 56-5-5945. Editor's Note 2012 Act No. 242, SECTION 13, provides as follows: "Subsection (H) of Section 56-5-5670 of the 1976 Code as contained in SECTION 8 and subsection (H) of Section 56-5-5945 of the 1976 Code as contained in SECTION 9 take effect upon approval by the Governor. All other provisions of this act take effect one hundred eighty days after approval by the Governor." Effect of Amendment The 2012 amendment rewrote this section.
S.C. Code Ann. § 40-56-70 — SC Code / Title 40 / Chapter 56 / Section 40-56-70
SECTION 40-56-70. Duties of board.
Status: in_force

(A) It is the duty and responsibility of the board to promulgate, pursuant to the Administrative Procedures Act, regulations relating to pyrotechnics in this State, including the manufacture, sale, storage, and fire safety of these products. These regulations must be adjusted using the procedures in Chapter 34, Title 1. (B) The board may conduct hearings on alleged violations by licensees of this chapter or regulations promulgated pursuant to this chapter and may discipline these licensees. (C) The board also shall recommend to the General Assembly legislation it considers necessary for the safety and control of the sale of pyrotechnics. Editor's Note Prior laws: 1979 Act No. 190, SECTION 8A; 1980 Act No. 519, Part II, SECTION 6; 1993 Act No. 181, SECTION 930; 1976 Code SECTION 40-56-20.
S.C. Code Ann. § 40-22-310 — SC Code / Title 40 / Chapter 22 / Section 40-22-310
SECTION 40-22-310. Status of regulations promulgated pursuant to Chapter 21.
Status: in_force

Except where inappropriate, regulations promulgated pursuant to Chapter 21, Title 40 of the 1976 Code are considered to be promulgated pursuant to Chapter 22.
S.C. Code Ann. § 40-57-110 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-110
SECTION 40-57-110. Issuance and classification of license; inactive status; renewal; lapse.
Status: in_force

(A) The commission shall issue licenses in the classifications of broker, broker-in-charge, or associate, to individuals who qualify under and comply with the requirements of this chapter; provided the commission may deny a license to an applicant it finds to have engaged in misconduct as provided in Section 40-57-710 or otherwise. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable. A licensee seeking to change his license classification shall adhere to the procedures provided by the commission in regulations. (B) A licensee may place a license on inactive status by informing the commission in writing. To maintain an inactive license status, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. An individual seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed. (1) Inactive licensees are prohibited from practicing real estate brokerage as defined in this chapter and regulations. (2) The status of an associate, broker, or property manager license can be verified on the commission's website or by contacting commission staff. (3) Licensees seeking to change their license classification shall adhere to the procedures provided by the commission in regulations. (4) An individual seeking to reactivate an inactive license shall meet the reactivation requirements as prescribed in regulations. (C) A license only may be renewed in accordance with procedures established by the commission pursuant to Section 40-1-50(D). A licensee is responsible for renewing his license whether or not he receives notice. (D) A license that is not renewed before its expiration date lapses. Further practice may be sanctioned as unlicensed practice and subject to disciplinary action by the commission pursuant to Sections 40-57-710, 40-57-720, and 40-57-725. (E) A license that has lapsed and is not reinstated by the last day of the twenty-fourth month following expiration is canceled. Editor's Note Prior Laws:1956 (49) 2046; 1957 (50) 555; 1962 Code SECTIONS 56-1545.11, 56-1545.15; 1967 (55) 652; 1986 Act No. 353, SECTION 8; 1994 Act No. 385, SECTION 9; 1976 Code SECTIONS 40-57-120, 40-57-160. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section, deleting former (B) through (F) and redesignating former (G) through (J) as (B) through (E). 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-11-100 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-100
SECTION 40-11-100. Violations; administrative citations; cease and desist orders; administrative penalties; appeals.
Status: in_force

(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board. (B) Separate citations may be issued and separate administrative penalties may be assessed for each violation, however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day. (C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. (D) Administrative penalties assessed pursuant to this section may not exceed the following limits: (1) for a first violation of a particular provision of this chapter or Article 1, Chapter 1 of this title, or any board regulation, not more than a five-hundred dollar penalty; (2) for the second of two violations of the same or substantially similar provision in a five-year period, not more than a one-thousand dollar penalty; and (3) for the third or subsequent violation of the same or substantially similar provision in a five-year period, the citation may be referred to the board for action in accordance with Section 40-11-110 or issued a penalty as prescribed in Section 40-11-100(D)(2). (E) An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation. Effect of Amendment 2023 Act No. 69, SECTION 4, rewrote (D).
S.C. Code Ann. § 40-20-5 — SC Code / Title 40 / Chapter 20 / Section 40-20-5
SECTION 40-20-5. Application of Article 1, Chapter 1.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
S.C. Code Ann. § 40-36-270 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-270
SECTION 40-36-270. Certificate of licensure; temporary licenses; restrictions; renewals; notification of name and address changes.
Status: in_force

(A) The board shall license as an occupational therapist or an occupational therapy assistant an applicant who proves to the satisfaction of the board fitness for licensure under the provisions of this chapter. The board shall issue to each licensee a certificate of licensure which is prima facie evidence that the person to whom it is issued has the right to represent himself or herself as a licensed occupational therapist or a licensed occupational therapy assistant subject to the provisions of this chapter. (B) A temporary license may be granted to a person who has completed an educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy and who has applied to take the next scheduled board-approved certification examination following graduation or who has taken the examination and has not received the examination results. A temporary license authorizes the temporary licensee to practice occupational therapy under the direct supervision of a licensed occupational therapist, and the temporary license is valid until the date on which the results of the next qualifying examination are received by the board. The applicant shall submit to the board a completed supervisory form for each place of employment. Temporary licenses may be renewed once in the discretion of the board, upon good cause shown. The board may issue a temporary license to a licensee whose occupational therapist or occupational therapy assistant license has been inactive or lapsed for three years or more and who has applied to reactivate the license. The temporary license is valid for one year from the date of issue, may not be renewed, and authorizes the temporary licensee to work under the on-site supervision of an occupational therapist licensed in this State in order to obtain the minimum number of contact hours required to reactivate the license. The licensee shall submit to the board a completed supervisory form for each place of employment. The fees for a temporary license must be established in regulation. (C) An applicant who is not actively engaged in the profession may be required to: (1) complete a certain number of hours of CEU's; and/or (2) have supervised practice specified by the board; and/or (3) pass a written examination approved by the board. (D) A licensee shall notify the board 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. § 40-15-140 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-140
SECTION 40-15-140. Examination of applicants for licenses or registration; issuance of licenses or certificates; reexamination.
Status: in_force

It is the duty of the board to examine (or cause to be examined) all qualified applicants for a license to practice dentistry or dental hygiene or who desire to be registered as dental technicians in this State. No examination is required to be registered as an orthodontic technician. Prior to admittance to the examination or the registration of an orthodontic technician, each applicant shall produce evidence satisfactory to the board that he possesses good moral character. If the board refuses an applicant admission to the examination or registration as an orthodontic technician because of unsuitable moral character the board shall notify the applicant in writing and set forth in detail the reason supporting the board's decision. An applicant who holds a license or certificate from any jurisdiction shall certify that he has not violated any of the provisions of the Dental Practice Act governing his prior license or practice or operation. In addition, each applicant shall present the following: (a) in the case of applicants to practice dentistry or dental hygiene, satisfactory evidence of graduation from a dental college or school of dental hygiene, respectively, accredited by the Commission. (b) in the case of applicants who desire to be registered as dental technicians, a high school diploma, or its equivalent, and satisfactory evidence of successful completion of a full two-year course of study in a school for dental technological work acceptable to the board, or in lieu of the dental school program, the applicant must have performed dental technological work under the direct supervision of a licensed dentist or registered dental technician for a period of at least three years. The application must be received by the board not less than forty-five days before the examination date. An application for registration as an orthodontic technician may be submitted at any time. Each applicant shall pay to the board a fee as prescribed by it by rules and regulations. Each applicant must satisfactorily pass the examination prepared by the board on subjects and operations pertaining to dentistry that are regularly taught in such accredited schools. The examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of such methods as the board may in its discretion require. The board shall grade each examination and inform the applicant of the result within a reasonable time after the date thereof. The board shall issue a numbered license to each person who passes the dental or dental hygiene examination and a numbered certificate to each person who passes the dental technician examination and to each applicant to be registered as an orthodontic technician. All examination papers must be retained by the board for two years and upon request be available for inspection by a person examined. Dentists and dental hygienists, and dental technicians who are validly licensed or registered in this State as of April 13, 1968, are exempt from reexamination except in instances where application for relicensing or reregistration is made following a period of suspension or revocation of a license or registration certificate, in which instances reexamination is discretionary with the board. Dental examinations must be given annually by the board and dental hygienist and dental technician examinations must be given semiannually by the board.
S.C. Code Ann. § 40-63-180 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-180
SECTION 40-63-180. Costs and fines; collection and enforcement.
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. § 40-35-100 — SC Code / Title 40 / Chapter 35 / Section 40-35-100
SECTION 40-35-100. Cease and desist orders; temporary restraining orders.
Status: in_force

In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-18-50 — SC Code / Title 40 / Chapter 18 / Section 40-18-50
SECTION 40-18-50. Contract security business license; application; bond; renewal; qualifications of licensees; display of license; arrest of licensee; exemptions.
Status: in_force

(A) Any person engaged in the contract security business in an individual, self-employed capacity, or as an officer or principal of a corporation, or who furnishes security officers for a fee must make application in writing to SLED for a contract security business license and pay an annual license fee which must be set by regulation. (1) If the applicant company is an association or corporation, the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant company is a partnership, each partner must complete an application form. (3) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation, including the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. (B) The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED, and the surety is relieved of liability for a breach of condition after the effective date of the cancellation. (C) SLED must grant a license to the applicant to conduct the security business stated in the application upon satisfaction of the competency and integrity of an applicant, or, if the applicant is an officer of an association, partnership, or corporation, upon satisfaction of the competency and integrity of any officers, principals, and partners. Licensure is for one year and application for renewal must be on a form approved by SLED. Issuance of the license authorizes establishment by the licensee of the number of branch offices the licensee considers feasible. (D) SLED may grant a license to a person who: (1) is a least twenty-one years of age; (2) has a high school diploma or equivalent; (3) is a citizen of the United States; (4) has not been convicted of a felony or crime involving moral turpitude; (5) is of good moral character; (6) has not been discharged from military service with other than an honorable discharge; (7) does not unlawfully use drugs; (8) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (9) has satisfied SLED that the applicant security business has or will have a competent certified training officer and an adequate training program with a curriculum approved by SLED, or that adequate training will be obtained from another approved source; (10) has had at least two years of experience as a supervisor or administrator in industrial security with a licensed security business, a security program approved by SLED, or as a sworn member of a federal, state, county, or municipal law enforcement agency; and (11) meets other qualifications SLED may establish by regulation. (E) Immediately upon the receipt of the license certificate issued by SLED pursuant to this chapter, the licensee must post and at all times display the license in a conspicuous place at his place of business. A copy or duplicate of the license certificate must be conspicuously posted at each branch office. The licensee must immediately notify SLED of the address of each branch office opened or closed. (F) Licensees must make business records available for inspection during normal business hours. The Chief of SLED or his designee may conduct inspections as necessary to ensure compliance with this chapter and SLED regulations. (G) A licensee who is arrested must report the custodial arrest to SLED within seventy-two hours of the arrest. (H) A person is exempt from the provisions of this section if he receives compensation for private employment on an individual, independent contractor basis as a patrolman, guard, or watchman and if he has full-time employment as a law enforcement officer with a state, county, or municipal law enforcement agency. For this exemption to be valid, the person must not be employed by another law enforcement officer. (I) A person is exempt from the provisions in this section if: (1) the person is employed solely as a nonuniformed, unarmed fire watchman, gatekeeper, or security officer; (2) the person is without delegated or assigned arrest authority; and (3) the employer is not a private investigation or security business.
S.C. Code Ann. § 40-43-60 — SC Code / Title 40 / Chapter 43 / Section 40-43-60
SECTION 40-43-60. Chief drug inspector; staff inspectors; duties; violation corrections or prosecution; duties of board; adulterated or misbranded drugs; destruction at owner's expense; seal of drugs and devices under control of licensee when license suspended or revoked; complimentary drug samples; optometric supplies.
Status: in_force

(A) There must be an administrator of the Board of Pharmacy who must be a pharmacist licensed in the State of South Carolina and who must be the chief drug inspector. When a vacancy occurs, the position of administrator of the Board of Pharmacy shall be filled in accordance with Section 40-1-50. (B) The Board of Pharmacy shall have its own staff of inspectors who must be pharmacists licensed in South Carolina and shall conduct all pharmacy inspections and investigations and shall report to and be supervised by the administrator of the Board of Pharmacy. (C) The chief drug inspector, or his designee, shall visit biennially all permitted facilities in this State and inspect them to see that the laws relating to the licensing of pharmacists are obeyed and to see that all of the provisions of this chapter are obeyed and carried out by the permitted facilities and pharmacists of this State. If a violation of this chapter is discovered, the inspector either shall require the pharmacist or permit holder of the permitted facility in default immediately to correct the violation or shall prosecute the offender under the law, using his discretion after consulting with the board if considered necessary. The inspector or his designee may swear out warrants for offenders who violate the provisions of this chapter. (D) The board shall: (1) regulate the practice of pharmacy; (2) regulate the sale and dispensing of drugs, poisons, and devices; (3) regulate the supervision and training of pharmacy interns and technicians in pharmacies; (4) investigate alleged violations of this chapter or any other law in the State pertaining to, or in connection with, persons licensed by the board or otherwise authorized by state laws to manufacture, sell, distribute, dispense, or possess drugs, medicines, poisons, or devices, or as related to misbranded or counterfeit drugs, or any regulations promulgated by the board under this chapter; conduct hearings when, in its discretion, it appears to be necessary; and bring violations to the notice of the prosecuting attorney of the court of competent jurisdiction in which a violation takes place or to the notice of the Attorney General; (5) establish the minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding or dispensing, or both, of drugs or devices, and for the monitoring of drug therapy; (6) confine at any time to prescription order only the dispensing of a drug found to be potentially dangerous to public safety if dispensed without prescription; (7) seize any drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (8) promulgate regulations which the board, in its judgment, considers necessary for the carrying out of the purposes of this chapter; (9) license in accordance with this chapter pharmacists who shall practice in this State and permit all facilities which possess or dispense drugs in this State, except as provided in subsections (H) and (I) of this section, and as otherwise provided for in this chapter and except as to those entities and persons authorized to obtain and possess drugs pursuant to Section 47-3-420(A)(1)(i) and to suspend, revoke, or cancel a license or permit in accordance with law; (10) adopt rules of professional conduct for pharmacists which must be appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession; and (11) to have such powers and authority as may be necessary and proper to accomplish the foregoing or as may be prescribed by law. (E) The board may: (1) join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public or whose activities assist and facilitate the work of the board, or both; (2) establish a bill of rights for patients concerning the health care services a patient may expect in regard to pharmacy care. (F) Notwithstanding anything in this chapter to the contrary, whenever a duly authorized representative of the board finds, or has probable cause to believe, that a drug or device is adulterated or misbranded within the meaning of the Federal Food and Drug Act, the duly authorized representative of the board shall affix to the drug or device a tag or other appropriate marking giving notice that the drug or device is or is suspected of being adulterated or misbranded, has been detained or embargoed, and warning all persons not to remove or dispose of the drug or device by sale or otherwise until provision for removal or disposal is given by the board, its agent, or the court. No person shall remove or dispose of the embargoed drug or device by sale or otherwise without permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court. (1) When a drug or device detained or embargoed under this subsection has been declared by a representative to be adulterated or misbranded, the board shall, as soon as is practical, petition the court in which jurisdiction the article is detained or embargoed for an order for condemnation of the article. If the court determines that the drug or device so detained or embargoed is not adulterated or misbranded, the board shall direct the immediate removal of the tag or other marking. (2) If the court finds the detained or embargoed drug or device is adulterated or misbranded, the drug or device, after entry of the decree, must be destroyed at the expense of the owner under the supervision of a board representative and all costs and fees, storage, and other proper expense shall be borne by the owner of the drug or device. When the adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond has been posted, may direct that drug or device be delivered to the owner for labeling or processing under the supervision of a board representative. Expense of the supervision shall be paid by the owner. The bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid. (3) It is the duty of the Attorney General to whom the board reports any violation of this subsection to cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Nothing in this subitem shall be construed to require the board to report violations whenever the board believes the public's interest will be adequately served in the circumstances by a suitable written notice or warning. (G) The board may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee at the time the license is suspended or revoked or at the time the board refuses to renew the license. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under the Administrative Procedures Act have expired, or an appeal filed pursuant to that act has been determined. The court involved in an appeal filed pursuant to the Administrative Procedures Act may order the board, during the tendency of the appeal, to sell drugs that are perishable. The proceeds of the sale must be deposited with that court. (H) Nothing in this chapter shall be construed to require a permit of or to prevent a licensed practitioner as defined under Section 40-43-30 from possessing or administering drugs or devices, or compounding drugs used for administration in the regular course of professional practice. (I) This chapter does not require a permit of or prevent a licensed practitioner, as defined under Section 40-43-30, from dispensing drugs or devices that are the lawful property of the practitioner or a partnership or corporate entity which is fully owned by licensed practitioners or from dispensing a free complimentary trial supply of drugs owned by a person or institution authorized to possess medication under state or federal law for indigent patients with guidelines equal to or equivalent to Section 340B of the Public Health Service Act. Drugs or medicine dispensed must comply with the labeling requirements of state and federal laws and regulations. (J) The possession of complimentary drug samples intended for distribution, and stock bottles and legend devices intended for remuneration or demonstration by manufacturer's representatives as allowed by the federal Food and Drug Administration and the actual distribution of them to pharmacists licensed to dispense and to practitioners in this State who are legally authorized to prescribe does not require a permit within the meaning of this chapter. (K) A physician may dispense noncontrolled prescription drugs at an entity that provides free medical services for indigent patients if no pharmacist is available. All such drugs must be labeled as required by this chapter. (L) Nothing in this chapter prohibits an optometrist from purchasing, possessing, administering, selling, prescribing, or dispensing either directly or through a licensed manufacturer contact lenses, contact lens solutions, and topically applied dyes or applies to the practice of opticianry. (M) Nothing in this chapter may be construed to prevent, restrict, or in any manner interfere with the sale by a retail merchant of nonnarcotic nonprescription drugs which may be lawfully sold without a prescription under the United States Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq. as now or hereafter amended) or the laws of this State. Code Commissioner's Note At the direction of the Code Commissioner, incorrect references to subsections in Section 40-43-30 were removed. Editor's Note Prior Laws:1925 (34) 32; 1932 Code SECTION 5182; 1942 Code SECTION 5182; 1952 Code SECTION 56-1326; 1962 Code SECTION 56-1326; 1976 Code SECTION 40-43-300.
S.C. Code Ann. § 40-7-60 — SC Code / Title 40 / Chapter 7 / Section 40-7-60
SECTION 40-7-60. Adoption of rules; seal; regulations.
Status: in_force

The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and shall adopt a seal for the authentication of its orders and records. The board may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, regulations for the sanitary management of barbershops and barber schools which must be approved by the Department of Health and Environmental Control and which must be furnished by the board to the owner or manager of each barbershop or barber school in the State. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTIONS 5250-37, 5250-46; 1952 Code SECTIONS 56-255, 56-268; 1962 Code SECTIONS 56-255, 56-268; 1976 Code SECTIONS 40-7-50, 40-7-190.
S.C. Code Ann. § 40-2-100 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-100
SECTION 40-2-100. Cease and desist order for conduct violating chapter; temporary restraining orders; injunctions.
Status: in_force

(A) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If the person is practicing accountancy without being licensed pursuant to this chapter, is violating an order of the board, a provision of this chapter, or a regulation promulgated pursuant to this chapter, the board also may apply, in accordance with the rules of the Administrative Law Court for a temporary restraining order. A board member or the Director of the Department of Labor, Licensing and Regulation or another employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order. (B) The board may seek from the Administrative Law Court other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-75-590 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-590
SECTION 40-75-590. Code of ethics regulations.
Status: in_force

The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
S.C. Code Ann. § 40-30-50 — SC Code / Title 40 / Chapter 30 / Section 40-30-50
SECTION 40-30-50. Duties of board.
Status: in_force

(A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board, pursuant to Section 40-1-50. (B) The board shall administer and enforce this chapter and related regulations. In addition to the powers and duties enumerated in Section 40-1-70, the board's powers and duties include, but are not limited to: (1) advising and recommending action to the department in the development of statutory revisions, legislation, and any other matter related to the provisions of this chapter; (2) recommending to the department regulations necessary to carry out the provisions of this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of individuals and establishments licensed pursuant to this chapter; (3) determining the standards and qualifications for licensure pursuant to this chapter; (4) conducting hearings: (a) on alleged violations of this chapter and regulations promulgated pursuant to this chapter and to recommend discipline for individuals and establishments in any manner provided for in this chapter; or (b) on licensure determinations; and (5) providing recommendations to the South Carolina Commission on Higher Education concerning minimum qualifications for approved massage therapy schools and approved massage therapy education programs. (C) The board has jurisdiction over the actions committed or omitted by current and former licensed massage therapists as provided in Section 40-1-115. Effect of Amendment The 2013 amendment rewrote the section. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-67-640 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-640
SECTION 40-67-640. Binding effect of compact and other laws.
Status: in_force

(A) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (B) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (C) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states. (D) All agreements between the commission and the member states are binding in accordance with their terms. (E) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
S.C. Code Ann. § 40-45-550 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-550
SECTION 40-45-550. Active duty military personnel or their spouses.
Status: in_force

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state: (1) home of record; (2) Permanent Change of Station (PCS); or (3) state of current residence if it is different than the PCS state or home of record.
S.C. Code Ann. § 40-23-230 — SC Code / Title 40 / Chapter 23 / Section 40-23-230
SECTION 40-23-230. Issuance, renewal, and reinstatement of licenses; notification of address change.
Status: in_force

(A) The board may issue a license to an applicant if he satisfies all licensure requirements of this chapter. A license confers a personal right and is not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. A license is the property of the State and upon suspension or revocation must be returned to the board immediately. (B) A license issued under this chapter is renewable: (1) as provided for in Section 40-1-30; (2) upon the payment of a renewal fee; and (3) upon the fulfillment of continuing education as determined by the board in regulation. (C) The department may reinstate the license of a licensee who allows his license to lapse by failing to renew the license as provided in this section if the licensee: (1) makes payment of a reinstatement fee and the current renewal fee; (2) files an application for renewal within three hundred sixty-five days of the date on which the license expired; and (3) demonstrates he complies with the current continuing education requirements of the prior licensing period or that he complies with the current continuing education requirements after the department renews his license, provided he does not engage in licensed activity until he has completed the continuing education requirement. (D) A licensee shall ensure that the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified in writing and in a timely manner of any change in the licensee's official mailing address. Editor's Note Prior Laws:2000 Act No. 322, SECTION 5; 2000 Act No. 325, SECTION 4; 2002 Act No. 185, SECTION 1. Effect of Amendment 2014 Act No. 156, SECTION 4, deleted former subsection (E), relating to the eligibility of current well driller license holders to receive either a class A or class B license.
S.C. Code Ann. § 40-63-200 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-200
SECTION 40-63-200. Unauthorized practice; penalty.
Status: in_force

(A) A person who practices or offers to practice as a social worker in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. (B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
S.C. Code Ann. § 40-75-290 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-290
SECTION 40-75-290. Persons not affected by article.
Status: in_force

This article does not apply to: (1) salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local: (a) governmental agency; (b) licensed mental health or alcohol or drug abuse facility; (c) accredited academic institutions; (d) licensed, formally accredited nonprofit agencies; or (e) research institutions. (2) persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study; (3) nonresidents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than five days a month, and no more than thirty days in any calendar year; (4) volunteers accountable to a sponsoring agency; (5) qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article; (6) a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article; or (7) members of peer groups or self-help groups when engaging in or offering self-help assistance as part of peer support groups or self-help organizations including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services. Effect of Amendment 2018 Act No. 249, SECTION 15, deleted (8) and (9), which related to certain addiction counselors, and made a nonsubstantive change.
S.C. Code Ann. § 40-54-20 — SC Code / Title 40 / Chapter 54 / Section 40-54-20
SECTION 40-54-20. Permit required; form; contents of application; investigation; issuance; term; fee; denial, suspension, or revocation.
Status: in_force

(A) No dealer as defined herein shall operate in the State of South Carolina unless he first obtains a permit to engage in the business of purchasing precious metals from the local law enforcement agency and operates only from a permanent place of business. No dealer shall operate upon public property nor from a vehicle, flea market, hotel room, residential dwelling, similar temporary location, or subleased space with a lease term of less than one year. (B) The form of the permit to engage in the business of purchasing precious metals shall be prescribed by the State Law Enforcement Division and all applicants for a permit under this chapter, whether a person, firm or corporation, shall file a written sworn application signed by the applicant if an individual, by all the partners if a partnership, and by the president if a corporation, with the local law enforcement agency showing: (1) The names of the persons managing, supervising or conducting the applicant's business in any places proposed to carry on business; the addresses of such persons; the driver's license number of such persons; the capacity in which such persons will act, that is, whether as proprietor, agent or otherwise; the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, the state of incorporation. (2) The permanent places of business and other places in the State of South Carolina where it is proposed to carry on the applicant's business and the places where the applicant has carried on the business of purchasing precious metals within one year preceding the date of such application. (3) Such other reasonable information as to the identity of the persons managing, supervising or conducting the applicant's business as the local law enforcement agency may deem proper to fulfill the purposes of this chapter. (4) A statement of the nature, character and quality of the precious metals to be purchased in the business. (C) Upon receipt of such application for a permit, the local law enforcement agency shall cause an investigation of such person's business and personal background to be made. Such investigation shall be limited to information pertinent to the purpose of this chapter. If, as a result of the investigation, the background is found to be unsatisfactory, the permit shall be denied. The permit shall be denied or issued within thirty days from the date of application. Upon the issuance of the permit, the local law enforcement agency shall notify the State Law Enforcement Division of the locations where the permit holder proposes to carry on his business. The permit issued under this chapter shall be valid for a period of one year from the date issued and the annual fee shall be fifty dollars to provide for the administrative costs. If the dealer intends to operate from more than one location within the State, then separate permits shall be issued for each place of business; provided, however, only one annual fee shall be collected. (D) The permits under this chapter shall be in addition to and not in lieu of other business licenses. (E) A permit may be denied, suspended or revoked at any time if the local law enforcement agency discovers that the information on the application is inaccurate or the dealer or applicant does not comply with the requirements of this act. The permit holder shall notify, within ten days, the local law enforcement agency if any substantive changes occur in the permanent place of business in the persons managing, supervising or conducting the applicant's business, or in the places the permit holder intends to do business. Effect of Amendment 2014 Act No. 292, SECTION 2, added subsection designators (A), (B), (C), (D), and (E); redesignated former paragraphs (a) through (d) as subsections (B)(1) through (B)(4); and in subsection (A), substituted "residential dwelling, similar temporary location, or subleased space with a lease term of less than one year" for "or similar temporary location".
S.C. Code Ann. § 40-2-35 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-35
SECTION 40-2-35. Requirements for license to practice; fulfilling education, examinations, and experience requirements.
Status: in_force

(A) The board shall grant a license to practice as a certified public accountant to persons who make application and provide the following: (1) evidence of good moral character, which includes a lack of a history of: (a) any conviction of a felony that has an element of dishonesty or fraud or any other crime that has an element of dishonesty or fraud, under the laws of the United States, of this State, or of any other state if the acts involved constitute a crime under state laws; (b) an active or stayed revocation or suspension of any occupational license, privilege, or other authority to practice any licensed occupation by or before any state, federal, foreign, or other licensing or regulatory authority, provided that the grounds include wrongful conduct, such as fraud, dishonesty, or deceit, or any other conduct that evidences any unfitness of the applicant to practice public accountancy; and (c) any acts that would be grounds for the revocation or suspension of a license if committed by a licensee; (2) a transcript or transcripts showing that the candidate meets the educational requirements pursuant to subsection (C); (3) evidence of a passing score on a standardized test of accounting knowledge, skills, and abilities approved by the board and substantially equivalent to the Uniform CPA Examination; (4) evidence of a passing score on an examination in professional ethics as approved by the board and an affidavit by the candidate acknowledging that he or she has read the statute and regulations governing the practice of accountancy in South Carolina and subscribes both to the spirit and letter of the statute and regulations and agrees to observe them faithfully in the performance of his or her professional work; and (5) evidence of appropriate experience. (B)(1) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice as a certified public accountant, the board may require a state criminal records check, including fingerprints, performed by the South Carolina Law Enforcement Division, and a national criminal records check, including fingerprints, performed by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the board. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the board regarding criminal charges. The board shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. (2) Notwithstanding any other provision of law to the contrary, the dismissal of a prosecution of fraudulent intent in drawing a dishonored check by reason of want of prosecution or proof of payment of restitution and administrative costs must not be used as evidence of a lack of good moral character for the purposes of disqualifying a person seeking licensure or renewal of licensure pursuant to this chapter. (3) The applicant must bear all costs associated with conducting criminal records checks. (C) To meet the educational requirement for licensure, the applicant must: (1) have a baccalaureate degree or higher from an accredited institution; (2) in addition to, or concurrently with, the degree in item (1), complete at least twenty-four semester credit hours, or the equivalent, of accounting courses at the junior level or above, that cover some or all of the following subject matter content: (a) financial accounting for business organizations; (b) financial statement and auditing and attestation services; (c) taxation; (d) accounting information systems; (e) managerial or cost accounting; (f) mergers and acquisitions; (g) data analytics; (h) information systems or technology; (i) accounting ethics; and (j) other courses the board approves through a regulation; (3) in addition to, or concurrently with, the degree in item (1), complete at least twenty-four semester credit hours, or the equivalent, of business-related courses, other than accounting, that cover some or all of the following subject matter content: (a) business law; (b) economics; (c) management; (d) marketing; (e) finance; (f) business communications; (g) data analytics; (h) information systems or technology; (i) business ethics; and (j) other subject matter content the board approves through a regulation; and (4) in addition to meeting the combined requirements of items (1), (2), and (3), the experience requirements in Section 40-2-35(G) must be satisfied based on the applicant's highest level of education attained: (a) Applicants who have completed a baccalaureate degree, the applicant must also satisfy the experience requirements in Section 40-2-35(G)(1)(a), which requires two years of relevant professional experience. (b) Applicants who have completed a post-baccalaureate degree, or a baccalaureate degree with at least one hundred fifty total semester credit hours, must also satisfy the experience requirements in Section 40-2-35(G)(1)(b), which requires one year of relevant experience. (D) The board shall accept transcripts from a college or university holding an accreditation from an accreditation body approved by the United States Department of Education and shall accept education, training, and experience completed by an individual as a member of the military in Section 40-1-640. Official transcripts signed by the college or university registrar and bearing the college or university seal or verification through any service provided by NASBA must be submitted to demonstrate education and degree requirements. Photocopies of transcripts must not be accepted. (E) An applicant may apply for examination by submitting forms approved by the board. In order for an application to be considered a completed application, all blanks and questions on the application form must be completed and answered and all applicable documentation must be attached and: (1) the application must be accompanied by the submission of photo identification, fingerprints, or other identification information as considered necessary to ensure the integrity of the exam administration; (2) application fees must accompany the application. Fees for the administration of the examination must recover all costs for examination administration. The fees required for each examination must be published to applicants on the application form. If any payment form used in payment of examination fees fails to clear the bank, the application is considered incomplete and the application must be returned to the candidate; and (3) in addition to the requirements of subsections (C)(2) and (C)(3), the applicant must have on record with the board official transcripts demonstrating successful completion of either: (a) at least one hundred twenty semester hours of credit; or (b) a conferred baccalaureate degree. (F) To meet the exam requirement, a candidate must pass all sections of the Uniform CPA Examination. (1) A candidate may take the required test sections individually and in any order. Credit for each test section passed is valid for thirty-six months from the date the passing score is released to the candidate or the board by the National Association of State Boards of Accountancy (NASBA). The validity of credit for a section that is passed is not contingent upon the candidate achieving a minimum score on any failed section, nor is it dependent on the order in which other sections are taken. (a) A candidate must successfully pass all sections of the Uniform CPA Examination within a rolling thirty-six-month period, which begins on the date that the NASBA releases the first passing score to the candidate or the board, as applicable. The thirty-six-month period concludes on the date the candidate sits for the final section required for licensure, regardless of when the NASBA releases the score. (b) The board may grant an extension of time to a candidate if the extension is justified by extenuating circumstances or hardship. (c) The board shall accommodate any hardship that results from the conditions of administration of the exam. (2) A candidate may transfer credits for passed sections of the Uniform CPA Examination from another state or territory of the United States transferred to this State. Credits transferred for less than all sections of the examination are subject to the same conditional credit rules as if the examination had been taken in South Carolina. (G)(1) In addition to meeting the requirements of Section 40-2-35 (C)(1), (2), and (3), an applicant shall attain the following experience: (a) applicants who have completed a baccalaureate degree must complete two years of relevant professional experience; (b) applicants who have completed a post-baccalaureate degree, or a baccalaureate degree with at least one hundred fifty total semester credit hours, must complete one year of relevant experience; (c) applicants must present evidence of meeting the accounting experience requirement in a manner prescribed by the board; and (d) applicants who present evidence of experience obtained seven or more years before the date of application must obtain and document an additional six months of experience within the prior two years of the date of application. (2) The board may promulgate regulations to require that the accounting experience required pursuant to item (1) must be completed according to a competency framework developed by a recognized national accounting organization. The framework must be administered in accordance with rules established by the board. (3) The experience required pursuant to item (1) should primarily involve providing a service or advice in one or more of the following areas: (a) accounting; (b) attestation; (c) compilation; (d) management advisory; (e) financial advisory; (f) tax; (g) consulting skills; or (h) other qualifying experiences outlined in items (4) and (7). (4)(a) The accounting experience required pursuant to this subsection may also be satisfied by: (i) teaching experience taught at the intermediate accounting level or above that includes at least twenty-four semester hours of teaching courses that apply to a baccalaureate, masters, or postgraduate degree and which may cover subject matters including, but not limited to, financial accounting, taxation, auditing, technology, and other areas that fall within the scope of the Uniform CPA Examination; or (ii) any combination of experience that the board determines to be equivalent to the types of experience provided for in items (3) and (4)(a)(i) of this subsection. (b) The teaching experience may not accrue more rapidly than elapsed time. An applicant who intends to use teaching experience to meet his accounting experience requirement must not be given credit for teaching more than twenty-four semester hours in less than one academic year and credit for semester hours taught must not be given for teaching subjects outside the scope of the Uniform CPA Examination. (5) The accounting experience required pursuant to this subsection may be supervised by a non-licensee but must be verified by a CPA who is licensed in any state or territory of the United States or the District of Columbia who has direct knowledge of the experience attained. (6) The accounting experience required pursuant to this subsection may be attained in either full-time or part-time employment, but not more rapidly than forty hours per week. Two thousand hours of part-time accounting experience is equivalent to one year. (7) The board may accept experience other than accounting experience to satisfy the accounting experience required pursuant to this section but only to the extent that the board determines that the non-accounting experience contributes to competence in public accounting. The board may require information related to the non-accounting experience to determine how it contributes to competence in public accounting. (8) The accounting experience required by this subsection may begin upon successful completion of subsections (C)(2) and (C)(3), and: (a) at least one hundred twenty semester hours of credit; or (b) a conferred baccalaureate degree. Effect of Amendment 2015 Act No. 51, SECTION 4, added (B) and redesignated former (C) through (F) accordingly; in (e)(3)(b), substituted "subitem (a)" for "item (a)"; in (F), substituted "subsection (a)(2)" for "Section 40-2-35(A)"; added (F)(1)(c); in (G)(2), substituted "subsection (A)(4)(b)" for "Section 40-2-35(A)(4)(b)"; in (G)(2)(a), substituted "teaching fewer than twelve hours per semester" for "teaching less than twelve semester hours per year"; and added (G)(3). 2019 Act No. 68, SECTION 3, in (F)(1), substituted "A candidate" for "Upon the implementation of a computer-based examination, a candidate". 2022 Act No. 174, SECTION 1, rewrote the section. 2025 Act No. 34, SECTION 5, rewrote (C). 2025 Act No. 34, SECTION 6, rewrote (E)(3). 2025 Act No. 34, SECTION 7, rewrote (F). 2025 Act No. 34, SECTION 8, rewrote (G). 2025 Act No. 34, SECTION 15, deleted (H) and (I).
S.C. Code Ann. § 40-82-190 — SC Code / Title 40 / Chapter 82 / Section 40-82-190
SECTION 40-82-190. Confidentiality and privileged communications.
Status: in_force

Investigations and proceedings conducted 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. § 40-9-80 — SC Code / Title 40 / Chapter 9 / Section 40-9-80
SECTION 40-9-80. Annual renewal of license; discretion of board to fix or waive fee; forfeiture; reinstatement.
Status: in_force

(a) The board may set and charge annually a fee for the renewal of a license and set the renewal fee for license holders not practicing in the State or for those inactive at a lower fee than for those practicing in the State. The board may waive the renewal fee for all licensees who are serving on active duty in the Armed Services of the United States at the time the fee is due. (b) If the license renewal fee is not paid by the first of July of each year, or within sixty days from the mailing of notice by the board, whichever is later, the license shall automatically expire and be forfeited. Such license can only be reinstated upon payment of all sums due, and the board may assess such delinquent holder an additional sum not to exceed twenty-five percent of the amount due as a penalty.
S.C. Code Ann. § 40-47-1250 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1250
SECTION 40-47-1250. Supervision of anesthesiologist's assistants.
Status: in_force

An anesthesiologist's assistant shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine and meets the definition of being a supervising anesthesiologist. An anesthesiologist may not supervise more than four anesthesiologist's assistants at any one time. Effect of Amendment 2025 Act No. 48, SECTION 1, in the second sentence, substituted "four" for "two".
S.C. Code Ann. § 40-5-70 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-70
SECTION 40-5-70. Additional provisions concerning Supreme Court rules and rules of the State Board of Law Examiners.
Status: in_force

The justices of the Supreme Court may pass such rules as may be necessary to carry into effect the provisions of this chapter and from time to time amend such rules as occasion may require. The State Board of Law Examiners may also make rules for its conduct and government, not inconsistent with the provisions of law and subject to the approval of the Supreme Court.
S.C. Code Ann. § 40-36-170 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-170
SECTION 40-36-170. Costs of investigation and prosecution; authority to require payment by violator.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-35-150 — SC Code / Title 40 / Chapter 35 / Section 40-35-150
SECTION 40-35-150. Voluntary 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 in accordance with Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-3-150 — SC Code / Title 40 / Chapter 3 / Section 40-3-150
SECTION 40-3-150. 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 in accordance with Section 40-1-150.
S.C. Code Ann. § 40-79-115 — SC Code / Title 40 / Chapter 79 / Section 40-79-115
SECTION 40-79-115. Board jurisdiction.
Status: in_force

The board has jurisdiction over the actions of licenses and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-7-10 — SC Code / Title 40 / Chapter 7 / Section 40-7-10
SECTION 40-7-10. Establishment of State Board of Barber Examiners; membership.
Status: in_force

The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged in the practice of barbering for at least five years in this State, and of these members at least two must be licensed as master haircare specialists. One member must be a member from the general public not connected with the practice of barbering. Nominations for the member from the general public may be submitted to the Nominations Committee by an individual, group, or association. The Nominations Committee shall give consideration to these nominations, and the appointment of this member must be made in accordance with Section 40-1-45. The member from the general public has all the rights and privileges of the other board members except the lay member may not participate in the examination of an applicant for a license. The Governor may remove a member in accordance with Section 1-3-240 and shall appoint a member to fill the unexpired portion of the term. A majority vote is required to exercise any function of the board. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-36; 1952 Code SECTION 56-253; 1962 Code SECTION 56-253; 1971 (57) 904; 1972 (57) 2473; 1992 Act No. 356, SECTION 1; 1976 Code SECTION 40-7-30.
S.C. Code Ann. § 40-53-160 — SC Code / Title 40 / Chapter 53 / Section 40-53-160
SECTION 40-53-160. Renewal of license.
Status: in_force

A polygraph examiner's license must be issued for one year and, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expired within two years after its expiration may obtain a renewal license without examination by making a renewal application and satisfying Section 40-53-70(2), (3), and (4). However, a polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two years after termination of service, training, or education, except under a condition other than honorable, he furnishes the division with an affidavit to the effect that he has been so engaged, and that his service, training, or education has been terminated. He also shall comply with Section 40-53-70(2), (3) and (4).
S.C. Code Ann. § 40-58-78 — SC Code / Title 40 / Chapter 58 / Section 40-58-78
SECTION 40-58-78. Mortgage broker fee agreement requirements; penalty for violations; unintentional violations.
Status: in_force

(A) A mortgage broker fee agreement with a mortgage broker or loan originator must contain an explicit statement that: (1) the mortgage broker or loan originator is acting as the agent of the borrower in providing brokerage services to the borrower; (2) when acting as agent for the borrower, it owes to that borrower a duty of utmost care, honesty, and loyalty in the transaction, including the duty of full disclosure of all material facts. If the mortgage broker or loan originator is authorized to act as an agent for any other person, the mortgage broker fee agreement must contain a statement of that fact and identification of that person; (3) a detailed description of the services the mortgage broker or loan originator agrees to perform for the borrower, and a good faith estimate of any fees the mortgage broker or loan originator will receive for those services, whether paid by the borrower, the institutional lender, or both; and (4) a clear and conspicuous statement of the conditions under which the borrower is obligated to pay for the services rendered under the agreement. (B) If a mortgage broker or loan originator violates the provisions of subsection (A), the borrower may recover from the mortgage broker or loan originator charged with the violation: (1) a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars for each loan transaction; (2) fees paid by the borrower to the mortgage broker or loan originator for services rendered by the agreement; and (3) actual costs, including attorney's fees, for enforcing the borrower's rights under the agreement. (C) A mortgage broker or loan originator charged with the violation must not be held liable in an action brought under this section for a violation if the mortgage broker or loan originator charged with the violation shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. Editor's Note 2003 Act No. 42, SECTION 9, provides as follows: "This act takes effect January 1, 2004, and applies to all loans for which the loan applications were taken on or after that date." Prior Laws:2003 Act No. 42, SECTION 6; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-69-255 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-255
SECTION 40-69-255. Veterinarians continuing education; prescribing controlled substances.
Status: in_force

As part of the biennial continuing education required by the board or pursuant to law, including Regulation 120-6, South Carolina Code of State Regulations, a veterinarian authorized pursuant to state and federal law to prescribe controlled substances shall obtain a South Carolina Department of Health and Environmental Control Controlled Substances Registration and complete at least two hours of continuing education every two years related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250.
S.C. Code Ann. § 40-85-210 — SC Code / Title 40 / Chapter 85 / Section 40-85-210
SECTION 40-85-210. Unlicensed practice of genetic counseling; submission of false information; penalty.
Status: in_force

A person who engages in the practice of or offers to engage in the practice of genetic counseling in the State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates another provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than ninety days, or both. Each violation is a separate offense.
S.C. Code Ann. § 40-59-130 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-130
SECTION 40-59-130. Grounds for denial of license.
Status: in_force

As provided for in Section 40-1-130, the commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee.
S.C. Code Ann. § 40-23-170 — SC Code / Title 40 / Chapter 23 / Section 40-23-170
SECTION 40-23-170. Costs.
Status: in_force

A person found in violation of this chapter or regulations or standards promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-36-240 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-240
SECTION 40-36-240. Notarized application form; fee; exam scores; out-of-state applicant requirements; time period for completion of process.
Status: in_force

(A) An applicant for licensure must submit a completed notarized application form, the required fee in the form of a check or money order, and an acceptable legal document indicating any name changes, if applicable. (B) An applicant applying for licensure by examination must comply with subsection (A) and must have reported or sent directly to the board: (1) examination scores from a board-approved testing service; or (2) verification of current certification status from NBCOT or other board-approved certification program if it has been six months or longer since the applicant passed the NBCOT or other board-approved certification program exam. (C) An applicant who is a graduate of an occupational therapy educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy and who has applied for the next scheduled board-approved certification examination following graduation must comply with subsections (A) and (B) and must have sent directly to the board confirmation of examination registration and eligibility to examine from NBCOT or other board-approved certification program. (D) An applicant licensed in another state applying for license by endorsement must comply with subsection (A) and must have sent directly to the board: (1) verification of all current permanent licenses in other states from each state; (2) verification of current certification status from NBCOT or other board-approved certification program. (E) If the requirements of this section have not been completed within one year, the application and credentials must be brought up to date and resubmitted with payment of the required fee. (F) An occupational therapist and an occupational therapy assistant shall pass a written examination approved by the board for license to practice in this State except as otherwise provided for in this chapter. The examination must be administered under the auspices of a recognized professional testing service approved by the board. The testing service shall recommend a passing score on the examination for the board's approval. The board shall adopt a passing score for each administration of the examination. An examinee who fails to pass may retake the examination at the next examination date upon making new application for examination and payment of the examination fee.
S.C. Code Ann. § 40-3-200 — SC Code / Title 40 / Chapter 3 / Section 40-3-200
SECTION 40-3-200. Penalty.
Status: in_force

A person who engages in or offers to engage in the practice of architecture 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, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Editor's Note Prior Laws:1957 (50) 258; 1962 Code SECTION 56-62.2; 1984 Act No. 503, SECTION 1; 1992 Act No. 446, SECTION 10; 1976 Code SECTION 40-3-150.
S.C. Code Ann. § 40-26-50 — SC Code / Title 40 / Chapter 26 / Section 40-26-50
SECTION 40-26-50. Prohibited conduct; unlicensed inspectors prohibited from enforcing contract.
Status: in_force

(A) Any person who is licensed, registered, or certified pursuant to Chapter 3 of this title or who is licensed as a general contractor pursuant to Chapter 11 of this title or who is licensed or registered as a professional engineer pursuant to Chapter 22 of this title and who performs a commercial inspection is prohibited from engaging in any of the following conduct: (1) making a false or misleading statement in that portion of a written report that deals with professional qualifications or in any testimony concerning professional qualifications; (2) any act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a commercial inspector or other person or with the intent to substantially injure another person; (3) any act of fraud, misrepresentation, or deceit in the making of a commercial inspection; (4) payment of a finder's fee or a referral fee to any person in connection with an inspection of a commercial structure; (5) failure or refusal without good cause to exercise reasonable diligence in developing a commercial inspection report, preparing a report, or communicating a report; (6) accepting a commercial inspection assignment when the employment itself is contingent upon the commercial inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from such assignment; (7) the performing of any improvement to a commercial structure upon which the commercial inspector performed a commercial inspection within the previous twelve months; (8) committing an act, or acts, of malpractice, gross negligence, or incompetence in the performance of commercial inspections; (9) practicing as a commercial inspector without a current license, registration, or certification issued pursuant to Chapter 3 of this title or issued pursuant to Chapter 11 of this title for a general contractor or issued pursuant to Chapter 22 of this title for a professional engineer; (10) engaging in conduct that could result in harm or injury to the public. (B) A commercial inspector who is not duly licensed, certified, or registered as required by this chapter may not bring any action either at law or in equity to enforce the provisions of any contract for a commercial inspection which he entered into in violation of this chapter.
S.C. Code Ann. § 40-7-170 — SC Code / Title 40 / Chapter 7 / Section 40-7-170
SECTION 40-7-170. Investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-19-295 — SC Code / Title 40 / Chapter 19 / Section 40-19-295
SECTION 40-19-295. Embalmers and funeral directors; funeral business participation prohibitions.
Status: in_force

No licensee whose license has been suspended or revoked, or who has applied for a license but whose application has been denied, may participate in any manner in a business licensed by the board until that person has obtained a license or the person's license has been restored. No business licensed by the board may permit or allow a person whose license has been suspended or revoked, or any person who has applied for a license but whose application has been denied, to participate in any manner in the business licensed by the board.
S.C. Code Ann. § 40-29-370 — SC Code / Title 40 / Chapter 29 / Section 40-29-370
SECTION 40-29-370. Electrical inspection.
Status: in_force

In municipalities and counties where electrical inspections are provided, proof of inspection of electrical service from the meter base to the main panel of the home must be obtained by the homeowner and submitted to the supplier of electricity before an electrical connection may occur. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-90.
S.C. Code Ann. § 40-20-60 — SC Code / Title 40 / Chapter 20 / Section 40-20-60
SECTION 40-20-60. Application; contents.
Status: in_force

An applicant for licensure as a dietitian shall file an application provided by the department and demonstrate by acceptable evidence that he or she: (1) has successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or (2) has passed an examination as prescribed by the department and has received a baccalaureate degree or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study from a regionally accredited college or university as approved by the department.
S.C. Code Ann. § 40-10-40 — SC Code / Title 40 / Chapter 10 / Section 40-10-40
SECTION 40-10-40. Primary qualifying party; qualifications; transfer of certification; notice of loss of certain certifications.
Status: in_force

(A) A fire sprinkler contractor may not engage in fire sprinkler system work unless the entity has in its employment a primary qualifying party who meets the requirements of this chapter and has been designated by the licensee as the principle individual responsible for directing or reviewing fire sprinkler contractor work. (B) Upon meeting all requirements of this chapter, the qualifying party may be issued a qualifying party certificate and may qualify a fire sprinkler contractor to engage in fire sprinkler system work as the primary qualifying party. The primary qualifying party, along with the licensee, may be held responsible by the board for improper work or violations of this chapter. The degree of responsibility upon the primary qualifying party may be based upon his participation in the work or violation. (C) To become a primary qualifying party, an individual must: (1) meet all requirements of subsections (A) and (B); (2) submit an affidavit verifying full-time employment in a responsible management position by the entity for whom the applicant will be the primary qualifying party; (3) not take other employment that would diminish the ability to adequately supervise work performed by the licensee's employees or subcontractors; any employment conflict interpretations with this requirement must be determined by a majority vote of the board; (4) perform his supervisory work duties from the office location in which the individual is listed as the primary qualifying party; and (5) submit a notarized copy of his current NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout" along with two government issued or department recognized ID cards containing his photograph, if applicable. (D) If the primary qualifying party ceases to perform his duties, the licensee and the qualifying party must notify the department within fifteen days of the primary qualifying party's termination of employment. If the department is not notified within fifteen days, the department shall immediately cancel the license. If the licensee properly notifies the department within the prescribed timeframe, the license remains in good standing for six months from the date of the departure of the primary qualifying party. If a primary qualifying party is not replaced within the six-month period, the department shall immediately cancel the license. If the fire sprinkler contractor has another qualifying party in their employment that is listed with the department, that individual may be listed as the primary qualifying party. (E) A qualifying party may transfer his certification to another fire sprinkler contractor when he becomes a new employee for that licensee. The new employer must send written notification of the new employment to the department within fifteen days of employment. (F) No primary qualifying party for a licensed fire sprinkler contractor may serve as a primary qualifying party for another fire sprinkler contractor or as the primary qualifying party for any other main or branch office while serving as the primary qualifying party for the licensee. (G) Any qualifying party that is listed as a qualifying party for a fire sprinkler contractor must keep his NICET Level III or IV Technician Certification current in "Fire Protection Engineering Technology Automatic Sprinkler System Layout". (H) A fire sprinkler contractor may have an unlimited number of qualifying parties listed with the department under the licensee's license. (I) If a qualifying party loses his NICET Level III or IV Technician Certification in "Fire Protection Engineering Technology Automatic Sprinkler System Layout", the licensee or the qualifying party must report the loss to the department within fifteen days. The notice requirements of subsection (D) apply.
S.C. Code Ann. § 40-59-550 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-550
SECTION 40-59-550. Display of license; address changes; renewal; inactive status.
Status: in_force

(A) The licensee shall display the license in the manner prescribed by the commission. (B) The licensee shall inform the commission of any change in his business or home address. (C) A license must be renewed before July first of each year for a period of one year upon payment of the renewal fee and upon compliance with this article. If the home inspector has not complied with any provision of this article during the year, the licensee shall submit a new application as in the case of the issuance of an original license. (D) The commission may provide for the late renewal of a license upon payment of a late fee in an amount established by the commission in regulation. (E) A licensee who does not intend to engage in the business of home inspection for at least one year may request upon written notice to the commission that his license be placed in inactive status. While in inactive status, the person is not subject to payment of any renewal fees and may not perform home inspections in this State. When the person desires to resume the performance of home inspections, he shall file an application for license renewal, pay the renewal fee, and demonstrate continuing competence as defined by the commission in regulation. If a license has been in inactive status for more than three years, the person shall submit a new application as in the case of the issuance of an original license and shall take and successfully complete the examination. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-250.
S.C. Code Ann. § 40-22-100 — SC Code / Title 40 / Chapter 22 / Section 40-22-100
SECTION 40-22-100. Cease and desist orders; application for temporary restraining order.
Status: in_force

(A) As provided for in Section 40-1-100, when the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If a person is practicing engineering and/or surveying without being licensed under this chapter, is violating a board order or a provision of this chapter or a regulation promulgated under this chapter, the board also may apply to an administrative law judge for a temporary restraining order, in accordance with the rules of the Administrative Law Court. (B) No board member or director of the department or other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order issued pursuant to Section 40-1-100.
S.C. Code Ann. § 40-55-110 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-110
SECTION 40-55-110. Waiver of examination.
Status: in_force

At its discretion the board may at any time waive the assembled examination and grant the appropriate license upon payment of the required fee to any person who meets the requirement of SECTION 40-55-80 and who is qualified by educational and professional attainments to the satisfaction of the board if it deems such action to be in the public interest. The board may also in its discretion grant a license without an assembled examination to any person residing or employed in the State who at the time of application is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter, or who has been practicing psychology in another state and has qualifications not lower than those required by this chapter, and is able to satisfy the board that to grant him a license would be in the public interest, or who has been certified by the American Board of Examiners in Professional Psychology. A person or firm of consultants not licensed in this State and nonresidents of this State who wishes to perform practices under the provisions of this chapter for a period not to exceed sixty days within a calendar year, must petition the board for a temporary permit to perform such practices. If the petitioner is licensed or certified in another state deemed by the board to have standards equivalent to those set forth in this chapter, a permit will be issued for a fee to be fixed by the board.
S.C. Code Ann. § 40-47-1235 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1235
SECTION 40-47-1235. Functions and duties of anesthesiologist's assistants.
Status: in_force

Anesthesiologist's assistants may perform medical tasks and services within the framework of a written practice protocol developed for the anesthesiologist's assistant. Within this practice protocol the anesthesiologist's assistant, under the direction of the anesthesiologist may engage in these functions and duties: (1) obtaining relevant preoperative health history by record or chart review and by direct contact with the patient in the preoperative period; (2) presenting preoperative health information to the supervising anesthesiologist for the collaborative formulation of an anesthetic plan; (3) performing initial acute cardio-pulmonary resuscitation in life-threatening situations as directed by a physician; (4) initiating medically directed multi-parameter monitoring before anesthesia and in other acute care settings. Modalities that may be used include, but are not limited to, American Society of Anesthesiologists Standard Monitors, arterial and venous catheters, or any other current medically accepted modality. The anesthesiologist's assistant may obtain data from monitors or devices that are indicated and may initiate medically directed therapy. The anesthesiologist's assistant may administer drugs used in anesthetic practice by written protocol or as directed by the supervising anesthesiologist; (5) using current advanced treatment modalities to effect the prescribed anesthetic plan during the procedure. These advanced treatment modalities may include, but are not limited to, basic and advanced airway interventions, including intubation of the trachea; administering intermittent vasoactive drugs, starting and adjusting vasoactive infusions, administering anesthetic, adjuvant, and accessory drugs; administering blood and blood products; and any other treatment modalities prescribed by the medically directing anesthesiologist and within the training and expertise of the anesthesiologist's assistant; (6) supporting the patient upon emergence and recovery from an anesthetic by airway intervention or ventilatory support and administering any supportive medication and fluids; (7) participating in administrative, educational, and research activities as appropriate. An anesthesiologist's assistant may not present himself or herself as an anesthesiologist, any other type of physician, or a nurse anesthetist. The required nomenclature is: "Anesthesiologist's Assistant".
S.C. Code Ann. § 40-75-1010 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1010
SECTION 40-75-1010. Rulemaking.
Status: in_force

(A) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose 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 shall be invalid and have no force or effect. (B) 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. (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 such rule shall have 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 or rules by the commission, and at least thirty days in advance of the meeting at which the rule will be 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 professional counseling 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 shall 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 shall 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 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) 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 not 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 will be recorded. A copy of the recording will be made available on request. (4) Nothing in this section shall 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 shall 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 any revisions shall be posted on the website of the commission. The revision shall 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 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. § 40-20-110 — SC Code / Title 40 / Chapter 20 / Section 40-20-110
SECTION 40-20-110. Applicability of chapter.
Status: in_force

This chapter does not apply to: (1) a student enrolled in an approved academic program in dietetics who is engaging in the practice of dietetics, if the practice constitutes a part of a supervised course of study, and if the student is designated by a title which clearly indicates his status as a student or trainee; (2) a dietitian who is serving in the Armed Forces or who is employed by any other federal agency and who is engaging in the practice of dietetics if this practice is related to the individual's military service or federal employment; (3)(a) a person in a licensed healthcare profession providing diet, food, or nutrition information within the scope of his or her practice, except that the person may not represent himself or herself as a "dietitian"; (b) an employee of a physician or osteopath who works in the private office of and under the direction and supervision of a physician or osteopath, if that employee does not engage in the practice of dietetics or use the title "dietitian"; (4) a person who performs the activities and services of a nutrition educator in the employment of a federal, state, county, or municipal agency, or another political subdivision, or a chartered elementary or secondary school, or an accredited degree-granting educational institution if these activities and services are part of a salaried position; (5) an employee of a state agency who is engaging in the practice of dietetics within the discharge of his or her official duties who is authorized to use the title "dietitian" and who is not registry-eligible or registered currently with the Commission on Dietetic Registration as of July 1, 2006; (6) a nonresident registered dietitian practicing dietetics in this State for five days without a license or up to thirty days a year with licensure from another state if the requirements for licensure in the other state are substantially equal to the licensure requirements contained in this chapter; (7) a person marketing or distributing food, food materials, or food supplements or a person who is engaging in an explanation of the use or preparation of these products or a person who is furnishing general nutrition information related to these products in connection with the marketing or distribution of these products, or is providing nutritional counseling in health, if that person does not represent himself or herself as a dietitian; (8) a person providing weight control services through a program that does not allow program change to be initiated without prior approval by a licensed dietitian and the program has been reviewed by, and consultation is available from, a dietitian licensed in another state, which has licensure requirements at least as stringent as the requirements for licensure under this chapter, or a dietitian registered by the Commission on Dietetic Registration of the American Dietetic Association; (9) any faith-based promotional health programs; or (10) any act that can cause the prosecution, restriction, prevention, or control of any activity, service, or person except in violation of Section 40-20-130.
S.C. Code Ann. § 40-3-330 — SC Code / Title 40 / Chapter 3 / Section 40-3-330
SECTION 40-3-330. 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. § 40-85-230 — SC Code / Title 40 / Chapter 85 / Section 40-85-230
SECTION 40-85-230. Limits on applicability of chapter.
Status: in_force

The provisions of this act do not apply to: (1) a "genetic counselor student" who is a student enrolled in an ACGC-approved genetic counselor program while engaged in completing the clinical education requirement for graduation under the on-site supervision of a genetic counselor or physician who is licensed to practice in this State; (2) a genetic counselor licensed in another state who is teaching or participating in special genetic counselor education projects, nonprofit delivery of service from outside the State, demonstrations, or courses in this State; (3) a genetic counselor solely employed by the United States Armed Services, United States Public Health Service, Veterans Administration, or another federal agency and practicing within the scope of employment; or (4) a person licensed by the State to practice in a profession such as a physician or nurse practitioner when acting within the scope of the person's profession and doing work of a nature consistent with the person's training. The person cannot hold himself out to the public as a genetic counselor in accordance with Section 40-84-30.
S.C. Code Ann. § 40-47-920 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-920
SECTION 40-47-920. Authority to employ staff.
Status: in_force

The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article. Effect of Amendment 2019 Act No. 32, SECTION 2, reenacted the section with no apparent change.
S.C. Code Ann. § 40-60-560 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-560
SECTION 40-60-560. Civil actions; additional penalties.
Status: in_force

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person or entity violating this article, a regulation promulgated under this article, or an order of the board. The court may impose a fine of not more than ten thousand dollars for each violation in addition to a fine imposed by the board for the same violation. 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. § 40-33-70 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-70
SECTION 40-33-70. Code of ethics.
Status: in_force

Nurses shall conduct themselves in accordance with the code of ethics adopted by the board in regulation.
S.C. Code Ann. § 40-59-105 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-105
SECTION 40-59-105. Administrative citations and penalties; appeal.
Status: in_force

(A) The department may refer reports of violations of this chapter and Article 1, Chapter 1 or any reports of violations of regulations promulgated under this chapter directly to the commission or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an entity or individual, including unlicensed persons, for violations of this chapter as specified by the commission. (B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day. (C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal, and these penalties may not exceed the following limits: (1) for a first offense, not more than a five-hundred dollar penalty; (2) for a second offense in a five-year period, the citation must be referred to the commission for action in accordance with Sections 40-59-90 and 40-59-110. (D) An entity or individual assessed administrative penalties may appeal those penalties to the commission within ten days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the commission, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
S.C. Code Ann. § 40-75-10 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-10
SECTION 40-75-10. Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists; membership.
Status: in_force

(A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists composed of eleven members appointed by the Governor. Of the eleven members, nine must be professional members, with representation from each congressional district in the State. Of the professional members, three must be licensed professional counselors, two must be licensed addiction counselors, three must be marriage and family therapists, and one must be a psycho-educational specialist. The remaining two members must be at large from the general public and must not be associated with, or financially interested in, the practice of professional counseling, marriage and family therapy, addiction counseling, or psycho-educational services. (B) The membership must be representative of race, ethnicity, and gender. The eight professional members must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, marriage and family therapists, addiction counselors, or psycho-educational specialists for at least five years prior to appointment. Members may be licensed as a licensed professional counselor, marriage and family therapist, addiction counselor, or psycho-educational specialist. Members are eligible for reappointment. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. Each member shall receive per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations. Editor's Note Prior Laws:1985 Act No. 191, SECTION 1; 1976 Code SECTION 40-75-20. 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment substituted "seven" for "six" throughout; made nonsubstantive changes to subsection (A); and, removed "and the licensed psycho-education specialist" from subsection (B). 2018 Act No. 249, SECTION 3, in (A), in the first sentence, inserted "Addiction Counselors," following "Marriage and Family Therapists," and substituted "eleven members" for "nine members", in the second sentence, substituted "eleven members, nine must be professional members, with representation" for "nine members, seven must be professional members, one", in the third sentence, substituted "two must be licensed addiction counselors" for "one of whom must be a certified addictions counselor", and in the fourth sentence, inserted "addiction counseling," following "marriage and family therapy,"; and in (B), in the second sentence, substituted "eight professional members" for "seven professional members" and inserted "addiction counselors," following "marriage and family therapists,", and in the third sentence, substituted ", marriage and family therapist, addiction counselor, or psycho-educational specialist" for "and a marriage and family therapist".
S.C. Code Ann. § 40-75-260 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-260
SECTION 40-75-260. State reciprocity agreements; licensure of applicants licensed in other jurisdictions or educated in foreign countries.
Status: in_force

(A) The board may enter into a reciprocal agreement with a state that credentials professional counselors, marriage and family therapists, or addiction counselors if the board finds that the state has substantially the same or higher licensure requirements. (B)(1) The board may license an individual who is currently credentialed or meets the requirements of a licensed professional counselor, licensed marriage and family therapist, or addiction counselor in another jurisdiction of the United States if the individual has met the standards defined in regulation. (2) The board shall delineate in regulation procedures for verifying an applicant's credentials from another jurisdiction. (3) The board may not license an applicant who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete. When deciding a case, the board shall determine what, if any, rules or discipline apply. (C) The board may grant a license to practice professional counseling, marriage and family therapy, or addiction counseling to an applicant who has completed an educational program in a college or university in a foreign country if the applicant: (1) meets all requirements of this article; and (2) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution within the United States. If the requirements of this item are met, the applicant must be considered to have received the education from an accredited educational institution as required by this article. Editor's Note Prior Laws:1985 Act No. 191, SECTION 1; 1976 Code SECTION 40-75-150. Effect of Amendment 2018 Act No. 249, SECTION 13, in (A), substituted "a state" for "any state" following "reciprocal agreement with", and substituted ", marriage and family therapists, or addiction counselors" for "and marriage and family therapists"; in (B)(1), substituted ", licensed marriage and family therapist, or addiction counselor" for "or a license marriage and family therapist" and "standards defined in regulation" for "same or higher requirements"; and in (C), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy".
S.C. Code Ann. § 40-10-60 — SC Code / Title 40 / Chapter 10 / Section 40-10-60
SECTION 40-10-60. Promulgation of rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 40-33-180 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-180
SECTION 40-33-180. 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. No person against whom a fine is levied is eligible for the issuance or reinstatement of an authorization to practice until the fine has been paid in full.
S.C. Code Ann. § 40-68-70 — SC Code / Title 40 / Chapter 68 / Section 40-68-70
SECTION 40-68-70. Requirements of contract between licensee and client company; investigation of client company's work force; securing workers' compensation insurance coverage; licensee considered employer of assigned employees.
Status: in_force

(A) A contract between a licensee and a client company must provide that the licensee: (1) reserves the right of direction and control over employees assigned to a client company; (2) assumes responsibility for the payment of wages to the assigned employees without regard to payments by the client to the licensee; (3) assumes responsibility for the payment of payroll taxes and collection of taxes from payroll on assigned employees; (4) retains the right to hire, fire, discipline, and reassign the assigned employees; (5) retains the right of direction and control over the adoption of employment and safety policies and the management of workers' compensation claims, claim filings, and related procedures on joint agreement by the client company and the licensee; and (6) agrees that: (a) notice to or acknowledgment of the occurrence of an injury on the part of the client company is notice to or knowledge on the part of the licensee and its workers' compensation insurer; (b) for the purposes of Title 42, the jurisdiction of the client company is the jurisdiction of the licensee and its workers' compensation insurer; (c) the licensee and its workers' compensation insurer is bound by and subject to the awards, judgments, or decrees rendered against them under the provisions of Title 42; and (d) insolvency, bankruptcy, or discharge in bankruptcy of the licensee or client company does not relieve the licensee, client company, their respective workers' compensation insurers from payment of compensation for disability or death sustained by an employee during the life of a workers' compensation insurance policy; and (7) with a client company, in the contract, shall specify whether the licensee, the client company, or both, are securing workers' compensation liability. (B) A licensee, who secures workers' compensation insurance for a client company before the execution of the contract and on an annual basis, shall conduct a good faith investigation of the client company's business. The investigation must determine if the client company engages any nonassigned employees, including those considered employees under Title 42, in any part of the client company's trade, business, or occupation. Upon a determination that a client company's entire work force includes nonassigned employees, the contract must require the client company to secure and maintain workers' compensation insurance. (C) Upon the failure or neglect of a client company to secure and maintain workers' compensation insurance, the licensee and its workers' compensation carrier agree and are liable to pay to a worker employed in the work of the client company compensation under Title 42 which the licensee would have been liable to pay if the worker had been employed by the licensee as provided in Section 40-68-120. (D) A licensee's workers' compensation insurer providing coverage to a client company's assigned employees must be provided the information derived from the licensee's investigation of the client company's business. (E) The licensee is the employer of the employees assigned to a client company. The rights and remedies granted by Title 42 to an employee when he and the licensee have accepted the provisions of Title 42 to pay and accept compensation exclude all other rights as provided in Section 42-1-540. This chapter does not affect the rights, duties, or liabilities of licensees, client companies, or employees under federal law.
S.C. Code Ann. § 40-7-5 — SC Code / Title 40 / Chapter 7 / Section 40-7-5
SECTION 40-7-5. Conflicts between this chapter and Article 1, Chapter 1.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to barbers; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
S.C. Code Ann. § 40-1-640 — SC Code / Title 40 / Chapter 1 / Article 3 / Section 40-1-640
SECTION 40-1-640. Consideration of education, training, and experience completed by an individual as a member of the military.
Status: in_force

(A) A professional or occupational board or commission governed by this title shall accept the education, training, and experience completed by an individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state and apply this education, training, and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or certification or approval for license examination in this State, subject to the receipt of evidence considered satisfactory by the board or commission. (B) Nothing in this section may be construed to require the issuance of a license or certificate to an applicant who does not otherwise meet the stated eligibility standards, criteria, qualifications, or requirements for licensure, or certification, nor may the provisions be construed to automatically allow issuance of any license or certificate without testing or examination, without proper consideration by the licensing and examination board, or without proper verification that the applicant is not subject to pending criminal charges or disciplinary actions, has not been convicted of any offense prohibiting licensure or certification, and has no other impairment that would prohibit licensure or certification in this State. Editor's Note 2020 Act No. 139, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'." Effect of Amendment 2020 Act No. 139, SECTION 4, in (A), substituted "shall accept the education" for "may accept the education".
S.C. Code Ann. § 40-13-340 — SC Code / Title 40 / Chapter 13 / Section 40-13-340
SECTION 40-13-340. Licensing of schools; submission of floor plan and student contract form; bond required; actions for breach of contract.
Status: in_force

(A) A person, firm, corporation, or association may apply to the board for licensing of a school by submitting an application on a form prescribed by the board and paying the initial license fee. An applicant at the time of application shall submit a detailed floor plan and a true copy of the applicant's board-approved form for student contracts and enrollment. An applicant also shall furnish a bond to the board issued by a licensed bonding company doing business in this State. The bond must be in the sum of ten thousand dollars and must be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling in the school. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between the student and the owner or manager of the school. (B) A licensed school shall comply with the provisions of this chapter applicable to the school and with regulations promulgated pursuant to this chapter. (C) No license for a school may be issued unless the owner presents evidence satisfactory to the board that the owner has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
S.C. Code Ann. § 40-57-370 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-370
SECTION 40-57-370. Duty of licensee to provide disclosure of brokerage relationships; exceptions.
Status: in_force

(A) A licensee shall provide at the first practical opportunity to all potential buyers and sellers of real estate with whom the licensee has substantive contact: (1) a meaningful explanation of brokerage relationships in real estate transactions that are offered by that real estate brokerage firm, including an explanation of customer and client services; (2) Disclosure of Brokerage Relationships form prescribed by the commission. (B) An "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form must be included in an agency agreement and in a sales contract. In addition, each sales contract must require the buyer and the seller to acknowledge whether they received customer or client service in that real estate transaction. (C) At the time of first substantive contact, it is presumed that the potential buyer or seller is to be a customer of the real estate brokerage firm and that the real estate brokerage firm will be acting as a transaction broker as defined by this chapter and that the real estate brokerage firm shall offer services to a customer as defined by Section 40-57-350(L) only until the potential buyer or seller signs an agency representation agreement. (D) If first substantive contact occurs over the telephone or other electronic means, including the Internet and electronic mail, an "Acknowledgement of Receipt of the Disclosure of Brokerage Relationships" form may be sent by electronic means, including the Internet and electronic mail. (E) For all real estate transactions, no agency relationship between a buyer, seller, landlord, or tenant and a real estate brokerage firm exists unless the buyer, seller, landlord, or tenant and the brokerage company agree, in writing, to the agency relationship. No type of agency relationship may be assumed by a buyer, seller, landlord, tenant, or licensee or created orally or by implication. A real estate brokerage firm may not be considered to have an agency relationship with a party or have agency obligations to a party but is responsible only for exercising reasonable care in the discharge of the real estate brokerage firm's specified duties, as provided in this chapter, and, in the case of a client, as specified in the agency agreement. (F) The payment or promise of payment of compensation to a real estate brokerage firm by a seller, buyer, landlord, or tenant does not determine whether an agency relationship has been created between a real estate licensee and a seller, buyer, landlord, or tenant. (G) The brokerage relationship disclosure requirements of this section do not apply if the: (1) transaction is regarding the rental or lease of property; or (2) communication from the licensee is a solicitation of business. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in (E), in the first sentence, deleted "and its associated licensees" following "brokerage firm" and "brokerage company".
S.C. Code Ann. § 40-15-430 — SC Code / Title 40 / Chapter 15 / Article 3 / Section 40-15-430
SECTION 40-15-430. Presence of trained personnel required; recovery and discharge.
Status: in_force

(A) For minimal sedation and moderate sedation, at least one person trained in Basic Life Support for Healthcare Providers must be present in addition to the dentist. (B) For deep sedation/general anesthesia, at least two support personnel adequately trained in Basic Life Support for Healthcare Providers must be present in addition to the dentist. If the same individual administering the deep sedation/general anesthesia is performing the dental procedure, one of the additional appropriately trained team members must be designated for patient monitoring. (C) During recovery and discharge the dentist must determine and document whether the patient: (1) has stable vital signs, is mentally alert, and has stable levels of oxygenation, ventilation, circulation, and temperature; (2) has a minimum of one adequately trained support personnel who must be present with the patient; (3) is fully recovered from anesthetic drugs before discharged to the care of a responsible adult available to provide assisted care to the patient; (4) support personnel assists the patient into the vehicle transporting him from the facility; and (5) written postoperative instructions are given to and are reviewed with the patient and the adult responsible for the patient.
S.C. Code Ann. § 40-60-35 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-35
SECTION 40-60-35. Continuing education requirements; exceptions.
Status: in_force

(A)(1) For renewal of an active license or certification, an appraiser shall present evidence biennially of satisfactory completion by the applicant of twenty-eight hours of instruction in courses or seminars that have been approved by the board, of which seven hours must be the National USPAP update course current at the time of renewal. Licensees shall report completed continuing education as required by the board. (2) For renewal of an active license or certification, assessors and other staff responsible for the assessment of property for ad valorem taxation purposes shall receive seven hours of instruction each year in the laws applicable to assessment for ad valorem taxation, methods of valuing property, administration of the assessor's office and records of the assessor's office, and other functions related to the assessor's office. This instruction shall be received from the Department of Revenue or other providers or courses approved by the Department of Labor, Licensing and Regulation. This instruction shall satisfy fourteen of the twenty-eight hours required for renewal. (B) A permit, license, or certification of an appraiser that has been suspended may not be reissued until the applicant presents evidence of completion of the continuing education required by this section. (C) An appraiser who fails to complete the continuing education requirements by the date of license renewal may renew by submitting applicable fees but must immediately be placed on inactive status and may not engage in appraising while on inactive status. The appraiser seeking to activate shall pay the applicable fee and meet the continuing education required by this section. (D) Appraisers may request to receive credit for continuing education for a course that has not been preapproved by the board. However, credit may be granted only if the appraiser provides satisfactory proof of course qualification, and the board finds that the course meets the criteria set for continuing education courses with regard to subject matter, course length, instructor qualification, and student attendance. (E) An approved instructor may receive up to one-half of his continuing education credit for the amount of continuing education courses he teaches, subject to board approval. (F) A nonresident appraiser who successfully satisfies the continuing education requirements of the jurisdiction of their residence must be considered to satisfy the continuing education requirements of this State. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-130. Effect of Amendment The 2010 amendment, in subsection (A)(2), substituted "seven" for "nine" preceding "hours of instruction" in the first sentence, substituted "Labor, Licensing and Regulation" for "Revenue" at the end of the second sentence, and substituted "fourteen" for "eighteen" following "instruction shall satisfy" in the third sentence. 2014 Act No. 180, SECTION 5, in subsection (A), twice deleted "classroom" before "hours"; in subsection (A)(1), added text relating to National USPAP update course; and redesignated and rewrote former subsection (E) as subsections (E) and (F). 2024 Act No. 196, SECTION 7, in (A)(1), in the first sentence, substituted "active license" for "active permit, license,", and added the second sentence.
S.C. Code Ann. § 40-75-910 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-910
SECTION 40-75-910. Purpose.
Status: in_force

(A) The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of the states to protect public health and safety through the current system of state licensure. (B) This compact is designed to achieve the following objectives: (1) increase public access to professional counseling services by providing for the mutual recognition of other member-state licenses; (2) enhance the states' ability to protect the public's health and safety; (3) encourage the cooperation of member states in regulating multistate practice for licensed professional counselors; (4) support spouses of relocating active duty military personnel; (5) enhance the exchange of licensure, investigative, and disciplinary information among member states; (6) allow for the use of telehealth technology to facilitate increased access to professional counseling services; (7) support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits; (8) invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time of care is rendered through the mutual recognition of member-state licenses; (9) eliminate the necessity for licenses in multiple states; and (10) provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
S.C. Code Ann. § 40-61-100 — SC Code / Title 40 / Chapter 61 / Section 40-61-100
SECTION 40-61-100. Reciprocity.
Status: in_force

Reciprocity with those states having an act for the registration of sanitarians whose provisions are equivalent as determined by the board may be entered into by the board under the appropriate bylaws and rules of procedure as may be prescribed by the board.
S.C. Code Ann. § 40-23-140 — SC Code / Title 40 / Chapter 23 / Section 40-23-140
SECTION 40-23-140. Licensure denial; prior criminal record.
Status: in_force

The board may deny licensure to an applicant based upon the applicant's prior criminal record as provided in Section 40-1-140.
S.C. Code Ann. § 40-75-1030 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1030
SECTION 40-75-1030. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment.
Status: in_force

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. (B) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (C) Any member state may withdraw from this compact by enacting a statute repealing the same. (1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute. (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. (E) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
S.C. Code Ann. § 40-65-210 — SC Code / Title 40 / Chapter 65 / Section 40-65-210
SECTION 40-65-210. Department may institute civil action for injunctive relief, fine.
Status: in_force

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter, a regulation promulgated under this chapter, or an order of the advisory council. For each violation an administrative law judge may impose a fine of no more than ten thousand dollars. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.37; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-70.
S.C. Code Ann. § 40-79-5 — SC Code / Title 40 / Chapter 79 / Section 40-79-5
SECTION 40-79-5. Conflict of law.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of the alarm system business industry 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. § 40-79-240 — SC Code / Title 40 / Chapter 79 / Section 40-79-240
SECTION 40-79-240. License renewal; request for waiver by registered individual failing to qualify; licensees licensed as of January 1, 2001.
Status: in_force

(A) A licensee shall apply to the department for license renewal every two years before the license expiration date on a form prescribed by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in the alarm business is deemed to be practicing without a license and subject to the penalties prescribed in this chapter. (B) An alarm business license not renewed after ninety days from the expiration date must not be considered for renewal, and the license must be canceled. To obtain a license after a license is canceled, the applicant must complete an initial application form and pay the applicable fees. An examination is not required if the qualifying party otherwise satisfies the licensing requirements. (C) All employees that are required to have a criminal background check must submit a new background check upon conviction of a crime. A registered employee failing to qualify according to the requirements of this chapter may submit a request to the board within ten days of receipt of denial of renewal for consideration of a waiver for failure to meet the requirements of this chapter. This individual must be allowed to continue to work under strict supervision of the alarm business until the board makes a decision on a timely waiver request. (D) At the first renewal after enactment of this chapter, a licensee licensed as of January 1, 2001, shall elect to subsequently be licensed as a burglar alarm system business, fire alarm system business, or both. Upon the next renewal, an applicant must meet all qualifications for licensure in both businesses, including examination, in order to be licensed in both alarm businesses. (E) An alarm licensee must submit documentation of a current comprehensive general liability insurance policy with each license renewal in an amount provided for in Section 40-79-250. (F) A license, certification, or registration may be canceled upon subsequent discovery of facts which if known at the time of issuance of renewal could have been grounds to deny the issuance of renewal, pending review by the board.
S.C. Code Ann. § 40-81-430 — SC Code / Title 40 / Chapter 81 / Section 40-81-430
SECTION 40-81-430. Licensure fees.
Status: in_force

The following licensure fees must be established by the department, in conjunction with the commission, and adjusted in accordance with Section 40-1-50(d): (1) promoter; (2) promoter's representative; (3) referee; (4) manager; (5) wrestler; (6) matchmaker; (7) boxer; (8) kickboxer; (9) trainer; (10) second; (11) timekeeper; (12) announcer; (13) judge; (14) event permit for boxing; (15) event permit for wrestling; (16) mixed martial arts contestant and event.
S.C. Code Ann. § 40-60-420 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-420
SECTION 40-60-420. Record-keeping requirements for registration renewal.
Status: in_force

An appraisal management company shall: (1) maintain a detailed record of each service request that it receives for at least the latter of: (a) five years after the date of service request; or (b) two years after final disposition of a judicial proceeding in which the appraisal management company provided testimony related to an assignment; and (2) have a policy that requires a certified or licensed appraiser who is an independent contractor and who performs a real estate appraisal service for the appraisal management company to maintain those records including, but not limited to, the work file, for at least the latter of: (a) five years after preparation; or (b) two years after the final disposition of a judicial proceeding in which the appraiser or the appraisal management company provided testimony related to the assignment. 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." Effect of Amendment 2024 Act No. 196, SECTION 23, in the first undesignated paragraph, substituted "shall" for "seeking to be registered shall certify to the board, at each renewal, that it"; in (1), substituted "maintain" for "maintains", substituted "receives for at least the latter of:" for "receives;", and inserted (a) and (b); and made nonsubstantive changes in (2).
S.C. Code Ann. § 40-11-90 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-90
SECTION 40-11-90. Results of investigations to be presented to board; hearing.
Status: in_force

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-79-180 — SC Code / Title 40 / Chapter 79 / Section 40-79-180
SECTION 40-79-180. Collection of costs, fees, and fines.
Status: in_force

All costs, fees, and fines provided for in this chapter, except examination fees, must be paid to and collected by the department in accordance with and subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-75-90 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-90
SECTION 40-75-90. Complaints against licensees; investigation and proceedings.
Status: in_force

(A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the board administrator shall refer the complaint to a designated investigator of the South Carolina Department of Labor, Licensing and Regulation, who shall investigate the allegations in the complaint and make a report to the board concerning the investigation. If the board desires to proceed further, it may file a formal accusation charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. The accusation must be signed by the president or vice president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the administrator shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his 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. (B) The accused has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the accused's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided. (C) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice. (D) No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, if the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law. Editor's Note Prior Laws:1985 Act No. 191, SECTION 1; 1976 Code SECTION 40-75-160.
S.C. Code Ann. § 40-18-120 — SC Code / Title 40 / Chapter 18 / Section 40-18-120
SECTION 40-18-120. Development of guidelines for reciprocal agreements with other states.
Status: in_force

SLED may adopt guidelines which permit the Chief of SLED to enter into reciprocal agreements with other states for the recognition of registration certificates or licenses issued to security officers or private investigators in the reciprocal states.
S.C. Code Ann. § 40-33-170 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-170
SECTION 40-33-170. Costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-19-180 — SC Code / Title 40 / Chapter 19 / Section 40-19-180
SECTION 40-19-180. Collection and enforcement provisions for 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. § 40-60-370 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-370
SECTION 40-60-370. Requirements for owners of appraisal management companies applying for registration.
Status: in_force

(A) An appraisal management company shall not be registered in this State or included on the national registry if: (1) it is owned, in whole or in part, directly or indirectly, by a person who has had an appraiser certificate or license refused, denied, canceled, surrendered in lieu of revocation, or revoked in this State or in another state for a substantive cause, as determined by the appropriate state appraiser certifying the licensing agency; (2) any person who owns more than ten percent of the appraisal management company if the board determines he does not have good moral character, which for purposes of this section requires that the person has not been convicted of or entered a plea of nolo contendere to a felony relating to the practice of appraisal, banking, mortgage lending, or the provision of financial services, or a crime involving fraud or misrepresentation; or (3) any controlling person or person who owns more than ten percent of the appraisal management company fails to submit to a criminal history background check as required by Section 40-60-31(5) of this chapter or regulations promulgated pursuant to it. 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." Effect of Amendment 2024 Act No. 196, SECTION 21, rewrote the section.
S.C. Code Ann. § 40-68-170 — SC Code / Title 40 / Chapter 68 / Section 40-68-170
SECTION 40-68-170. Fees to be used to implement provisions of chapter.
Status: in_force

All fees collected by the department under this chapter must be used to implement the provisions of this chapter.
S.C. Code Ann. § 40-75-920 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-920
SECTION 40-75-920. Definitions.
Status: in_force

As used in this compact, and except as otherwise provided, the following definitions shall apply: (1) "Active-duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active-duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action. (3) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners. (4) "Continuing competence/education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. (5) "Counseling compact commission or commission" means the national administrative body whose membership consists of all states that have enacted the compact. (6) "Current significant investigative information" means: (a) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (b) investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had the opportunity to respond. (7) "Data system" means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice, and adverse action information. (8) "Encumbered license" means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB). (9) "Encumbrance" means a revocation of, suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board. (10) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them, by the commission. (11) "Home state" means the member state that is the licensee's primary state of residence. (12) "Impaired practitioner" means an individual who has conditions that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments. (13) "Investigative information" means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation. (14) "Jurisprudence requirement" if required by a member state, means the assessment of an individual's knowledge of the laws and rules governing the practice of professional counseling in the state. (15) "Licensed professional counselor" means a counselor licensed by a member state regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions. (16) "Licensee" means an individual who currently holds an authorization from the state to practice as a licensed professional counselor. (17) "Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors. (18) "Member state" means a state that has enacted the compact. (19) "Privilege to practice" means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state. (20) "Professional counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor. (21) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice. (22) "Rule" means a regulation promulgated by the commission that has the force of law. (23) "Single-state license" means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (24) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling. (25) "Telehealth" means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions. (26) "Unencumbered license" means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
S.C. Code Ann. § 40-38-230 — SC Code / Title 40 / Chapter 38 / Section 40-38-230
SECTION 40-38-230. Examinations; applications; fees; competency examinations; contact lens examinations.
Status: in_force

(A) A person desiring to be examined by the board must submit an application furnished by the board sixty days before the examination. The application must be accompanied by a fee established by the board in regulation and in accordance with Section 40-1-50(D). (B) An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry, or if that examination is not available, an opticianry competency examination prepared by the board. Examinations in dispensing and other practical areas of opticianry may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available. (C) An optician or applicant for licensure as a contact lens optician successfully shall complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination, or if that examination is not available, an equivalent examination prepared by the board. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1988 Act No. 528, SECTION 1; 1976 Code SECTION 40-38-130.
S.C. Code Ann. § 40-55-190 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-190
SECTION 40-55-190. Health insurer not required to provide or pay for services.
Status: in_force

Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter. If payment or reimbursement for these services is provided by a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor, the provisions of Section 38-71-200 apply.
S.C. Code Ann. § 40-10-140 — SC Code / Title 40 / Chapter 10 / Section 40-10-140
SECTION 40-10-140. Denial of license on basis of prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
S.C. Code Ann. § 40-69-200 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-200
SECTION 40-69-200. Filing false information to obtain license; penalty.
Status: in_force

(A) A person who practices or offers to practice veterinary medicine or veterinary technology in violation of this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense. (B) A person performing acts as a licensed veterinary technician in compliance with this chapter may not be deemed to be engaging in the practice of veterinary medicine. Editor's Note Prior laws: 1920 (31) 905; Civ. C. '22 SECTION 2482; Cr. C. '22 SECTION 393; 1932 Code SECTION 5261; 1942 Code SECTION 5161; 1952 Code SECTION 56-1566; 1962 Code SECTION 56-1570; 1974 (58) 2769; 1984 Act No. 457.
S.C. Code Ann. § 40-67-560 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-560
SECTION 40-67-560. Active duty military personnel or their spouses.
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual only may change their home state through application for licensure in the new state.
S.C. Code Ann. § 40-59-180 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-180
SECTION 40-59-180. Collection and enforcement.
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. § 40-63-20 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-20
SECTION 40-63-20. Definitions.
Status: in_force

As used in this chapter: (1) "Advanced Practice Social Worker" means a person duly licensed to practice independent advanced practice social work under this act. (2) "Advanced Practice Supervision" means an interactional professional and educational relationship between an advanced practice supervisor and a social worker that provides evaluation and direction over the supervisee's practice of advanced practice social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of advanced practice social work in an ethical and competent manner. (3) "Approved Advanced Practice Supervisor" means a licensed advanced practice social worker who has met the qualifications as determined by the board. (4) "Approved Clinical Supervisor" means a licensed clinical social worker who has met the qualifications as determined by the board. (5) "Approved Provider of Continuing Education" means an individual, group, professional association, school, institution, organization, or agency approved by the board to conduct educational program(s). (6) "Baccalaureate Social Worker" means a person duly licensed to practice baccalaureate social work under this act. (7) "Board" means the South Carolina Board of Social Work Examiners. (8) "Case Management" means a procedure to plan, provide, and monitor services from a variety of resources on behalf of and in collaboration with a client. (9) "Client" means the individual, couple, family, group, organization, or community that seeks or receives social work services. (10) "Clinical Social Worker" means a person duly licensed to practice clinical social work under this act. (11) "Clinical Supervision" means an interactional professional and educational relationship between a clinical supervisor and a social worker that provides evaluation and direction over the supervisee's practice of clinical social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner. (12) "Consultation" means a problem solving process in which expertise is offered to an individual, group, organization, or community. (13) "Continuing Education" means education and training, which are oriented to maintain, improve, or enhance social work practice. (14) "Continuing Education Contact Hour" means a sixty ( 60) minute clock hour of instruction, not including breaks or meals. (15) "Counseling" means a method used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns. (16) "Director" means the Director of the Department of Labor, Licensing and Regulation. (17) "Examination" means a standardized test of social work knowledge, skills, and abilities approved by the board. (18) "Independent Social Worker—Advanced Practice" means a person duly licensed to practice Independent Social Work—Advanced Practice under this act. (19) "Independent Social Worker—Clinical Practice" means a person duly licensed to practice Independent Social Work—Clinical Practice under this act. (20) "License" means an authorization to practice social work issued by the board pursuant to this chapter. (21) "Licensee" means an individual who has met the requirements for licensure under this chapter and has been issued a license to practice as a social worker. (22) "Masters Social Worker" means a person licensed to engage in the practice of Masters Social Work. (23) "Practice of Baccalaureate Social Work" means the professional application of social work theory, knowledge, methods, principles, values, and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. The practice of Baccalaureate Social Work is a basic generalist practice that includes assessment, planning, intervention, evaluation, mediation, case management, information and referral, counseling, advocacy, supervision of employees, consultation, client education, research, community organization, and the development, implementation, and administration of policies, programs, and activities. Baccalaureate Social Workers are not qualified to diagnose and treat mental illness nor provide psychotherapy services. Baccalaureate Social Work is practiced only in organized settings such as social, medical, or governmental agencies and may not be practiced independently or privately. (24) "Practice of Independent Social Work—Advanced Practice" means the professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to community and organizational systems (systemic and macrocosm issues) and other indirect (nonclinical) services. The Advanced Practice of Social Work includes activities such as community organization and development, social planning and policy development, administration of social work policies, programs and activities, outcome evaluation, client education, research, nonclinical supervision of employees and nonclinical consultation, nonclinical assessment and referral, mediation, expert testimony, and advocacy. A Licensed Independent Social Worker—AP may not practice clinical social work independently. The Independent Social Worker—AP may engage in the activities included under the practice of Masters Social Work. The practice of Independent Social Work—Advanced Practice may include private practice. (25) "Practice of Independent Social Work—Clinical Practice" means the professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, and direct clinical needs of organizations and communities. The practice of Clinical Social Work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment for mental, emotional, and behavioral disorders, and conditions. Treatment methods include the provision of individual, marital, couple, family, and group counseling and psychotherapy. The practice of independent clinical social work includes case management, information and referral, mediation, client education, supervision of employees, consultation, research, advocacy, outcome evaluation, and expert testimony. The practice of Independent Social Work—Clinical Practice may include private practice. A Licensed Independent Social Worker—CP may not practice advanced practice social work independently. The Independent Social Worker—CP may engage in the activities included under the practice of Masters Social Work. (26) "Practice of Masters Social Work" means the application of social work theory, knowledge, methods, and ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. Masters Social Work Practice requires the application of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, information and referral, mediation, client education, counseling, advocacy, supervision of employees, consultation, research, community organization and development, administration of social work policies, programs and activities, and outcome evaluation. The practice of Masters Social Work may include the practice of Clinical Social Work under clinical supervision within a recognized, organized setting such as social, medical, and governmental agencies. LMSW's may engage only in supervised practice in such agencies and may not practice privately or independently. (27) "Private Practice" means the provision of clinical or advanced social work services by a Licensed Independent Social Worker who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement. (28) "Psychotherapy" means the use of treatment methods utilizing a specialized, formal interaction between an appropriately Licensed Social Worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained, and sustained to understand unconscious processes, intrapersonal, interpersonal, and psychosocial dynamics, and the diagnosis and treatment of mental, emotional, and behavioral disorders, conditions, and addictions. Editor's Note Prior Laws:1968 (55) 2800; 1982 Act No. 453, SECTION 3; 1988 Act No. 568, SECTION 1; 1976 Code SECTION 40-63-60.
S.C. Code Ann. § 40-11-360 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-360
SECTION 40-11-360. Exemptions from application of chapter.
Status: in_force

This chapter does not apply to: (1) An entity that installs fire sprinkler systems if the entity is licensed under Chapter 45, Title 23, or burglar and fire alarm systems if the entity is licensed under Chapter 79, Title 40. (2) The installation of finished products, materials, or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. Work requiring licensure must be installed by a licensed contractor. (3) Construction, alteration, improvement, or repair carried on within the limits of a site, the title to which is in the name United States of America or with respect to which federal law supersedes this chapter. (4) Contractors performing construction work for the South Carolina Department of Transportation pursuant to that department's prequalification requirements with the exception of public/private partnerships performing work pursuant to Section 57-3-200. (5) An owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if he does the work himself, with his own employees, or with licensed contractors; provided that the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent, and provided further, that the general public does not have access to this structure. In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate of occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent and is subject to the penalties provided in this chapter. As used in this item, "sale" or "rent" includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property. (6) An owner of nonowner-occupied property who improves the property or who builds or improves structures of less than five thousand square feet or other appurtenances on the property, either by himself or with the owner's employees, if all structural and mechanical work is performed by licensed contractors if the work to be performed meets the threshold amount in Section 40-11-30 and if the property is not sold for two years after completion of the improvements. For purposes of this item, "structural" means foundation, pier, load-bearing partition, perimeter wall, internal wall exceeding ten feet in height, roof, floor, and any other work deemed by the board to be structural. "Mechanical" means work described in Section 40-11-410(5). (7) An owner constructing a farm building or portable storage building with less than five thousand square feet of floor space and used only for livestock or storage. (8) Public owners performing all or a portion of any work on a project themselves as long as the work performed falls within the limitations of a License Group 3 General Contractor or a License Group 4 Mechanical Contractor. (9) Renovations and maintenance projects of the South Carolina Department of Corrections whereby all labor is supplied from that department's own labor forces. (10) The South Carolina Public Service Authority when performing maintenance and renovations to existing facilities and when performing work in accordance with Section 40-11-410(4)(n). (11) The installation, repair, or maintenance of signs of billboards; provided, however, an electrical license is required to perform a final connection to a branch circuit conductor. The installation or modification of a branch circuit conductor is not considered a part of the installation, repair, or maintenance of a sign or billboard. Effect of Amendment 2016 Act No. 200, SECTION 2, in (A), added (11), relating to billboard signs, and made other nonsubstantive changes. 2023 Act No. 69, SECTION 13, deleted the (A) designator; in (6), in the first sentence, substituted "if the work to be performed meets the threshold amount in Section 40-11-30" for "regardless of the cost of construction", and in (8), deleted ", as adjusted by an inflation factor reflecting the Department of Labor's Consumer Price Index" from the end; deleted (B), which related to posters that the board was required to distribute to each building permit office; and made nonsubstantive changes.
S.C. Code Ann. § 40-47-940 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-940
SECTION 40-47-940. Application for license; compliance with Section 40-47-938.
Status: in_force

A license application must be submitted to the board on forms supplied by the board. The application must be complete in every detail before licensure may be granted and must be accompanied by a nonrefundable fee, provided, however, that a PA may not practice until the supervising physician and PA comply with the requirements of Section 40-47-938. Effect of Amendment The 2013 amendment, in subsection (A), substituted "before licensure may be granted" for "before it may be approved". 2019 Act No. 32, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-29-340 — SC Code / Title 40 / Chapter 29 / Section 40-29-340
SECTION 40-29-340. Manufactured homes to meet certain criteria and be certified.
Status: in_force

No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development. For the sale of a previously owned manufactured home, the buyer and seller shall sign a form certifying both persons have determined at least two functioning smoke detectors are in the home. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-70. Effect of Amendment The 2010 amendment added the second sentence relating to smoke detectors.
S.C. Code Ann. § 40-2-335 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-335
SECTION 40-2-335. Performance according to professional standards; misleading professional or firm names.
Status: in_force

(A) Licensed certified public accountants/public accountants performing or supervising the performance of attest or compilation services must provide those services in accordance with professional standards. (B) A person holding a license or firm holding a registration under this chapter must not use a professional or firm name or designation that is misleading. (1) A common brand name, including common initials, used by a CPA firm in its name is not misleading if the firm is a network firm as defined in the AICPA Code of Professional Conduct and, when offering or rendering services that require independence under AICPA standards, the firm complies with the AICPA Code of Professional Conduct's applicable standards on independence. (2) A misleading CPA firm name is one that: (a) contains any representation that would be likely to cause a reasonable person to misunderstand or be confused about the legal form of the firm, or about who the owners or members of the firm are, such as a reference to a type of organization or an abbreviation thereof that does not accurately reflect the form under which the firm is organized including, but not limited to, a name that: (i) implies the existence of a corporation when the firm is not incorporated or is not a professional corporation, such as through the use of the words "corporation", "incorporated", "Ltd.", or "professional corporation", or an abbreviation thereof as part of the firm name; (ii) implies the existence of a partnership when there is not a partnership, such as by use of the term "partnership" or "limited liability partnership" or the abbreviation "LLP"; (iii) includes the name of an individual who is not a CPA if the title "CPAs" is included in the firm name; (iv) includes information about or indicates an association with persons who are not members of the firm, except as permitted in item (1). Notwithstanding the prohibition in this subitem, the names of one or more former partners, members, managers, or shareholders who are no longer in public practice may be included in the name of the firm or its successor; or (v) includes the terms "& Company", "& Associate", or "Group" when the firm does not include, in addition to the named partner, shareholder, owner, or member, at least one other unnamed partner, shareholder, owner, member, or staff employee; (b) contains any representation that would be likely to cause a reasonable person to have a false or unjustified expectation of favorable results or capabilities, through the use of a false or unjustified statement of fact as to any material matter; (c) claims or implies the ability to influence a regulatory body or official; or (d) includes the name of an owner whose license has been revoked for disciplinary reasons by the board, whereby the licensee has been prohibited from practicing public accountancy, using the title CPA, or holding himself out as a certified public accountant. Effect of Amendment 2022 Act No. 174, SECTION 1, rewrote (B).
S.C. Code Ann. § 40-8-190 — SC Code / Title 40 / Chapter 8 / Section 40-8-190
SECTION 40-8-190. Punishment and fines for violation of chapter.
Status: in_force

A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than twelve months, or both.
S.C. Code Ann. § 40-67-520 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-520
SECTION 40-67-520. Definitions.
Status: in_force

As used in this article: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (3) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (4) "Audiologist" means an individual who is licensed by a state to practice audiology. (5) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (6) "Audiology and Speech-Language Pathology Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enacted the compact. (7) "Audiology and speech-language pathology licensing board", "audiology licensing board", "speech-language pathology licensing board", or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists. (8) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter. (9) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (10) "Data system" means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action. (11) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB). (12) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. (13) "Home state" means the member state that is the licensee's primary state of residence. (14) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (15) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. (16) "Member state" means a state that has enacted the compact. (17) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. (18) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (19) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law. (20) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (21) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology. (22) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. (23) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (24) "State-practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline. (25) "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.
S.C. Code Ann. § 40-47-10 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-10
SECTION 40-47-10. State Board of Medical Examiners; appointment; terms and vacancies; powers and duties.
Status: in_force

(A)(1) There is created the State Board of Medical Examiners to be composed of thirteen members, three of whom must be lay members, one of whom must be a doctor of osteopathic medicine, two of whom must be physicians from the State at large, and seven of whom must be physicians, each representing one of the seven congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside in the district the member represents. All physician members of the board must be licensed by the board, must be without prior disciplinary action or conviction of a felony or other crime of moral turpitude, and must be practicing their profession in this State. All lay members of the board must hold a baccalaureate degree or higher, must not have been convicted of a felony or a crime of moral turpitude, and must not be employed or have a member of their immediate family employed in a health or medically related field. (2) The members of the board shall serve for terms of four years or until their successors are appointed and qualify. Members of the board may only serve three consecutive terms. (3) All members of the board have full voting rights. (4) The one lay member and one physician from the State at large must be appointed by the Governor, with the advice and consent of the Senate. Two lay members must be appointed by the Governor, with the advice and consent of the Senate, one upon the recommendation of the President of the Senate and one upon the recommendation of the Speaker of the House of Representatives. (5) The board shall conduct an election to nominate one physician from the State at large. The election must provide for participation by all physicians currently permanently licensed and residing in South Carolina. To nominate the physicians who will represent the seven congressional districts, the board shall conduct an election within each district. These elections must provide for participation by all permanently licensed physicians residing in the particular district. The board shall conduct an election to nominate the doctor of osteopathic medicine from the State at large, and this election must provide for participation by any physician currently permanently licensed in this State as a doctor of osteopathic medicine. The board shall certify in writing to the Governor the results of each election. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner following another election. Vacancies must be filled in the same manner of the original appointment for the unexpired portion of the term. (6) Vacancies that occur when the General Assembly is not in session may be filled by an interim appointment of the Governor in the manner provided by Section 1-3-210. (B) Public and lay members of boards and panels must be appointed in accordance with Section 40-1-45. (C) Board members and persons authorized by the board to engage in business for the board must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members or persons acting on behalf of the board. (D) The board annually shall elect from among its members a chairman, vice chairman, secretary, and other officers as the board determines necessary. The board may promulgate regulations reasonably necessary for the performance of its duties and the governance of its operations and proceedings, for the practice of medicine, for judging the professional and ethical competence of physicians, including a code of medical ethics, and for the discipline of persons licensed or otherwise authorized to practice pursuant to this chapter. (E) The board shall meet at least four times a year and at other times upon the call of the chair or a majority of the board. (F) A majority of the members of the board constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum. (G) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. The Governor may remove members from the board for absenteeism, as well as for other grounds provided for in Section 1-3-240. (H) The Chairman of the State Board of Medical Examiners, or the chairman's designee, shall serve as an advisory nonvoting member of the State Board of Nursing to provide consultation on matters requested by the State Board of Nursing. The Board of Nursing shall send written notice at least ten days before meetings that the Board of Nursing wants the Chairman of the State Board of Medical Examiners, or the chairman's designee, to attend. The Chairman of the State Board of Medical Examiners, or the chairman's designee, and the State Board of Nursing shall meet at least twice a year and more often as necessary. (I) In addition to the powers and duties enumerated in Section 40-1-70, the board may: (1) publish advisory opinions and position statements relating to practice procedures or policies authorized or acquiesced to by any agency, facility, institution, or other organization that employs persons authorized to practice under this chapter to comply with acceptable standards of practice; (2) develop minimum standards for continued competency of licensees continuing in or returning to practice; (3) adopt rules governing the proceedings of the board and may promulgate regulations for the practice of medicine and as necessary to carry out the provisions of this chapter; (4) conduct hearings concerning alleged violations of this chapter; (5) use minimum standards as a basis for evaluating safe and effective medical practice; (6) license and renew the authorizations to practice of qualified applicants; (7) approve temporary licenses, limited licenses, and other authorizations to practice in its discretion as it considers in the public interest; (8) join organizations that develop and regulate the national medical licensure examinations and promote the improvement of the practice of medicine for the protection of the public; (9) collect any information the board considers necessary, including social security numbers or alien identification numbers, in order to report disciplinary actions to national databanks of disciplinary information as otherwise required by law; (10) establish guidelines to assist employers of licensees when errors in practice can be handled through corrective action in the employment setting. Editor's Note Prior Laws:1904 (24) 513; Civ. C. '12 SECTION 1619; 1920 (31) 1004; Civ. C. '22 SECTION 2401; 1932 Code SECTION 5151; 1942 Code SECTION 5151; 1952 Code SECTION 56-1351; 1962 Code SECTION 56-1351; 1969 (56) 754; 1970 (56) 2371; 1981 Act No. 116, SECTIONS 2, 3; 1985 Act No. 93, SECTION 2; 1993 Act No. 77, SECTION 1; 2005 Act No. 171, SECTION 1. 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment in subsection (A)(1), substituted "thirteen" for "twelve", and twice substituted "seven" for "six"; in subsection (A)(5), substituted "seven" for "six"; in subsection (D), substituted "promulgate regulations" for "adopt rules and regulations"; and deleted subsection (I)(11), relating to regulations for initial fee schedule. 2019 Act No. 1, SECTION 53, in (A)(4), in the second sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 40-47-765 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-765
SECTION 40-47-765. Grounds for revocation, suspension, or denial of license.
Status: in_force

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when an acupuncturist, auricular therapist, or auricular detoxification specialist: (1) has knowingly allowed himself or herself to be misrepresented as a medical doctor; (2) has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents; (3) has performed any work assignment, task, or other activity which is outside the scope of practice of licensure; (4) misuses alcohol or drugs to such a degree to render him or her unfit to practice; (5) has been convicted of a felony or a crime involving moral turpitude or drugs; (6) has sustained any physical or mental disability which renders further practice dangerous to the public; (7) has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients; (8) has used or made any false or fraudulent statement in any document connected with practice or licensure; (9) has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances; (10) has violated or conspired with another person to violate any provision of this article; (11) otherwise demonstrates a lack of the ethical or professional competence required to practice; (12) has failed to refer to a licensed medical doctor or dentist, as appropriate, a patient whose medical condition should have been determined to be beyond their scope of practice; or (13) continues to provide acupuncture, auricular detoxification therapy, or auricular therapy services to any patient who the licensee treats at least one time per month for three consecutive months, and has not demonstrated clinical improvement, unless the licensee provides the patient with written notice, on or before the expiration of the third month, that the patient may need to seek a medical diagnosis from a licensed medical doctor or dentist before continuing with acupuncture, auricular detoxification therapy, or auricular therapy services, unless the patient was referred to the licensee by a licensed medical doctor or dentist. Upon a finding of misconduct, the board may impose any sanction that the board is otherwise authorized to impose for misconduct under this chapter.
S.C. Code Ann. § 40-68-160 — SC Code / Title 40 / Chapter 68 / Section 40-68-160
SECTION 40-68-160. Disciplinary action; grounds; sanctions; notice, hearing, and appeal; reinstatement.
Status: in_force

(A) For the purposes of this section, " conviction" includes a plea of guilty or nolo contendere or a finding of guilt. (B) The department may take disciplinary action against a licensee, or a person engaging in professional employer services without a license, on any of the following grounds: (1) the conviction of a licensee or a controlling person of a licensee of bribery, fraud, or intentional or material misrepresentation in obtaining, attempting to obtain, or renewing a license; (2) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the operation of a professional employer organization or the ability of the licensee or a controlling person of a licensee to operate a professional employer organization; (3) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the classification, misclassification, or under-reporting of employees under the South Carolina Workers' Compensation Act; (4) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the establishment or maintenance of a self-insurance program, whether health insurance, workers' compensation insurance, or other insurance; (5) the conviction of a licensee or a controlling person of a licensee of a crime that relates to fraud, deceit, or misconduct in the operation of a professional employer organization; (6) engaging in professional employer services without a license; (7) transferring or attempting to transfer a license issued pursuant to this chapter; (8) violating this chapter or an order or regulation issued by the department pursuant to this chapter; (9) failing to notify the department, in writing, of the civil judgment or felony conviction of a controlling person not later than the thirtieth day after the date on which the judgment or conviction is entered; (10) failing to cooperate with an investigation, examination, or audit of the licensee's records conducted by the licensee's insurance company or its designee, as provided by the insurance contract or as authorized by law by the South Carolina Department of Insurance; (11) failing to notify the department and the South Carolina Department of Insurance not later than the thirtieth day after the effective date of a change in ownership, principal business address, or the address of accounts and records; (12) failing to correct a tax filing or payment deficiencies within a reasonable time as determined by the department; (13) refusing, after reasonable notice, to meet reasonable health and safety requirements within the licensee's control and made known to the licensee by a federal or state agency; (14) failing to correct a delinquency in the payment of the licensee's insurance premiums within a reasonable time; (15) failing to correct a delinquency in the payment of an employee benefit plan premiums or contributions within a reasonable time; (16) knowingly or without sufficient inquiry, maintaining, sponsoring, offering, endorsing, or otherwise proffering self-insured, self-funded, or other employee benefit plans that are not licensed by the Department of Insurance; (17) knowingly making a material misrepresentation to an insurance company, to the department, or other governmental agency; (18) adverse final action by a state or federal regulatory agency for violations within the scope or control of the licensee; (19) failure to inform the department in writing within thirty days of an adverse final action by a state or federal regulatory agency; or (20) in case of a professional employer organization or group that has qualified for licensing pursuant to Section 40-68-55, the failure to notify the department within thirty days of any change in the status of its certification with the independent and qualified assurance organization. (C) Upon finding that a licensee has violated one or more provisions of this section, the department may: (1) deny an application for a license; (2) revoke, restrict, suspend, or refuse to renew a license; (3) impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than fifty thousand dollars; (4) issue a reprimand; (5) issue a cease and desist order; or (6) place the licensee on probation for a period and subject to conditions and restrictions that the department specifies. (D) On revocation, or suspension of a license, the licensee immediately shall return the license to the department and may not: (1) solicit any new clients; or (2) enter into or execute any additional contracts for professional employer services. (E) Disciplinary action, a denial of an application for a new or renewal license, a revocation or suspension of a license, or a determination that a controlling person is unqualified may occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or controlling person. All contested hearings pursuant to this section are before the Administrative Law Court. (F) If a license is revoked or renewal is denied, the affected licensee may request a reinstatement hearing after a minimum of one year. The department may reinstate or renew the license only if the cause of the nonrenewal or revocation has been corrected. (G) A licensee who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceedings, court proceedings, or other actions to enforce the provisions of this chapter.