S.C. Code Ann. § 40-30-320 — SC Code / Title 40 / Chapter 30 / Section 40-30-320
SECTION 40-30-320. Instruction of massage therapy.
Status: in_force

Nothing in this chapter may be construed to prevent the teaching of massage therapy in this State at an approved massage therapy school or in an approved massage therapy education program. Effect of Amendment 2022 Act No. 151, SECTION 2, substituted "teaching of massage therapy" for "teaching of massage/bodywork" and "massage therapy school or in an approved massage therapy education program" for "massage/bodywork school".
S.C. Code Ann. § 40-29-380 — SC Code / Title 40 / Chapter 29 / Section 40-29-380
SECTION 40-29-380. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-67-5 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-5
SECTION 40-67-5. Application of chapter; conflicts of laws.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to speech-language pathologists and audiologists. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-22-230 — SC Code / Title 40 / Chapter 22 / Section 40-22-230
SECTION 40-22-230. Application forms; references; written examinations; reexaminations; issuance of certificate of registration; reissuance of revoked certificate.
Status: in_force

(A) Applications for licensure must be on forms prescribed and furnished by the board and must contain statements made under oath showing the applicant's education and a detailed summary of his technical work. (1) The application for engineering licensure must contain no fewer than five references of whom three or more are licensed engineers having personal knowledge of the applicant's engineering experience, or other references approved by the board. In addition, the application must contain references to verify each employment period. The board shall solicit comments from references furnished; these comments must be confidential and privileged information for use only by the board. (2) The application for surveying licensure must contain no fewer than five references of whom three or more must be licensed surveyors having personal knowledge of the applicant's surveying experience, or other references approved by the board. In addition, the application must contain references to verify each employment period. The board shall solicit comments from references furnished; these comments must be confidential and privileged information for use only by the board. (B) Required examinations must be held at the time and place the board determines. Examinations must be given for the purpose of determining the qualifications of applicants for licensure separately in engineering and surveying. (C) A person who holds a certificate of registration to engage in the practice of engineering or surveying issued on comparable qualifications from a state, territory, or possession of the United States, or of a foreign country, must be given comity consideration. The applicant is required to take such examinations as the board considers necessary to establish that his qualifications meet the requirements of this chapter and the regulations promulgated by the board; however, a surveying applicant must pass an examination including questions of law, procedures, and practices pertaining to the practice of surveying in this State. (D)(1) A candidate who has failed an examination may apply for reexamination after payment of applicable examination fees and after a period of time determined by the board, but: (a) no earlier than three months following the date of the failed examination; and (b) no more than three times in one calendar year. (2) A candidate for licensure who has failed the same topical examination two times shall provide evidence satisfactory to the board that the candidate has taken additional undergraduate college courses, attended seminars, or accomplished self-study to enhance his prospects for passing the exam. The board may refuse further examination until the candidate provides acceptable evidence. A candidate who has failed three times must submit a new application. (E) The board shall issue a certificate of registration upon payment of the registration fee to an applicant who has satisfactorily met all the requirements of this chapter. In the case of a professional surveyor, the certificate authorizes the practice of TIER A or TIER B surveying as applicable. A certificate of registration must state the full name of the licensee and have a license number. (F) The issuance of a certificate of registration by the board is prima facie evidence that the person is licensed and is entitled to all the rights and privileges of a professional engineer or of a professional surveyor while the license remains unrevoked or unexpired. (G) The board, for sufficient reason, may reissue a certificate of registration to a person whose license has been revoked if a majority of the members of the board vote in favor of reissuance. A new certificate of registration to replace a revoked license or a certificate which has become lost, destroyed, or mutilated may be issued, subject to the rules of the board, and a charge to be determined by the board in regulation must be made for the issuance. Editor's Note Prior Laws:1991 Act No. 99, SECTION 1; 1976 Code SECTIONS 40-22-280, 40-22-300, 40-22-310, 40-22-320, 40-22-330, 40-22-340. Effect of Amendment 2016 Act No. 259, SECTION 11, in (A)(1) and (A)(2), inserted ", or other references approved by the board"; in (B), substituted "Required examinations" for "When written examinations are required, they"; in (C), substituted "must pass an examination" for "must pass a written examination"; rewrote (D); and in (E), substituted "registration fee to an applicant who" for "registration fee as provided in this chapter to an applicant who, in the opinion of the board,", and substituted "full name of the licensee and have a license number" for "full name of the licensee, have a serial number, and must be signed by the chairman and the secretary of the board under seal of the board".
S.C. Code Ann. § 40-67-250 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-250
SECTION 40-67-250. Issuance of license to person holding current license in another state.
Status: in_force

The board may issue a license to a person who holds a current speech-language pathology or audiology license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter, and the person satisfies any other requirements the board may prescribe including, but not limited to, continuing education requirements. Editor's Note Prior Laws:1962 Code SECTION 56-1549.6; 1973 (58) 773; 1982 Act No. 411, SECTION 8; 1976 Code SECTION 40-67-70.
S.C. Code Ann. § 40-65-36 — SC Code / Title 40 / Chapter 65 / Section 40-65-36
SECTION 40-65-36. Issuance of license; prima facie evidence; issuance of certification; fees; limitations; examinations; reciprocity.
Status: in_force

(A)(1) The department shall issue a license upon payment of the license fee, pursuant to subsection (C), to an applicant who in the opinion of the department has met the requirements of this chapter. (2) The issuance of a license by the department is prima facie evidence that the person named is entitled to all rights and privileges of a professional soil classifier during the term for which the license is valid if the license has not been revoked or suspended. (B) The department shall issue a certificate as a soil-classifier-in-training upon payment of the certificate fee, pursuant to subsection (C), to an applicant who in the opinion of the department has met the requirements of this chapter. (C)(1) The application for a license as a professional soil classifier or for certification as a soil-classifier-in-training shall be on a form prescribed and furnished by the department, shall contain statements made under oath showing the applicant's education, a detailed summary of his experience, and references as required by this chapter, and shall be accompanied by an application fee established by the department of not less than five nor more than twenty-five dollars. (2) Licenses shall be established by the department subject to the following limitations: (a) The license fee for professional soil classifiers shall be in an amount not less than twenty nor more than one hundred dollars. (b) The certification fee for soil-classifier-in-training certification or enrollment shall be established by the department in an amount not less than ten nor more than fifty dollars. (c) Should the department deny the issuance of a license to an applicant, the fee paid shall be retained as an application fee. (3) Examinations shall be held at such times and places as the department shall determine. Examinations required on fundamental soil subjects may be taken at any time prescribed by the department. The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter. The passing grade on any examination shall not be less than seventy percent. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the department of not less than ten nor more than twenty-five dollars. Any candidate for registration having an average grade of less than fifty percent may not apply for reexamination for a period of one year from the date of such examination. (D) An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he holds a certificate of registration in the practice of soil classifying awarded on the basis of comparable qualifications and issued to him by a proper authority of another state, possession, or territory of the United States and who in the opinion of the department meets the requirements of this chapter. Editor's Note Prior Laws: 1962 Code SECTIONS 56-1546.41, 56-1546.44, 56-1546.45, 56-1546.47; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1989 Act No. 99, SECTION 3; 1976 Code SECTIONS 40-65-110, 40-65-140, 40-65-150, 40-65-170.
S.C. Code Ann. § 40-35-5 — SC Code / Title 40 / Chapter 35 / Section 40-35-5
SECTION 40-35-5. Applicability; conflicts of law.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to the regulation of nursing home administrators and residential care facility administrators; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-6-160 — SC Code / Title 40 / Chapter 6 / Section 40-6-160
SECTION 40-6-160. Appeal.
Status: in_force

A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-68-155 — SC Code / Title 40 / Chapter 68 / Section 40-68-155
SECTION 40-68-155. Investigation of complaints.
Status: in_force

When a complaint is filed against a licensee with the department regarding any insurance issue, the Department of Insurance shall investigate the complaint.
S.C. Code Ann. § 40-41-50 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-50
SECTION 40-41-50. Formulas of medicines and the like to be placed on packages or bottles.
Status: in_force

Every package or bottle of any such medicine, drug or compound shall have plainly written or printed on it, in the English language, the formula of the contents thereof. Such formula shall be approved in writing by a regularly licensed practicing physician of this State and a copy of such approval shall be lithographed or printed on each package or bottle of such medicine, drug or compound.
S.C. Code Ann. § 40-57-780 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-780
SECTION 40-57-780. Failure to renew or register license; penalties.
Status: in_force

A real estate broker, associate, or property manager who fails to renew or register a license and continues to engage in the business permitted pursuant to the license is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. Editor's Note Prior Laws:1956 (49) 2046; 1962 Code SECTION 56-1545.23; 1986 Act No. 353, SECTION 13; 1991 Act No. 12, SECTION 11; 1976 Code SECTION 40-57-240. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, substituted "associate" for "salesperson".
S.C. Code Ann. § 40-67-110 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-110
SECTION 40-67-110. Actions warranting disciplinary action.
Status: in_force

In addition to grounds for disciplinary action as set forth in Section 40-1-110 and in accordance with Section 40-67-120, the board may take disciplinary action against a licensee who: (1) violates federal, state, or local laws relating to speech-language pathology or audiology; (2) violates a provision of this chapter or an order issued under this chapter or a regulation promulgated under this chapter; (3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license; (4) aids or abets a person who is not a licensed audiologist or speech-language pathologist in illegally engaging in the practice of audiology or speech-language pathology within this State; (5) participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license; (6) commits fraud or deceit in the practice of speech-language pathology or audiology including, but not limited to: (a) misrepresenting an educational degree, training, credentials, competence, or any other material fact; (b) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation; (c) wilfully making or filing a false report or record in the practice of audiology or speech-language pathology or in satisfying requirements of this chapter; (d) submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation; (7) commits an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of speech-language pathology or audiology including, but not limited to: (a) engaging in illegal, incompetent, or negligent practice of speech-language pathology or audiology; (b) providing professional services while mentally incompetent or under the influence of alcohol or drugs; (c) providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from the services, devices, appliances, or products; (d) diagnosing or treating individuals for speech or hearing disorders by mail or telephone unless the individual had been previously examined by the licensee and the diagnosis or treatment is related to the examination; (8) is convicted of or pleads guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; (9) is disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or convicted of or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section; (10) fails to obtain informed consent when performing an invasive procedure or fails to obtain informed written consent when engaging in an experimental procedure; (11) violates the code of ethics promulgated in regulation by the board. Editor's Note Prior Laws:1962 Code SECTION 56-1549.15; 1973 (58) 773; 1976 Code SECTION 40-67-160.
S.C. Code Ann. § 40-7-270 — SC Code / Title 40 / Chapter 7 / Section 40-7-270
SECTION 40-7-270. Temporary master haircare specialist license without examination; requirements.
Status: in_force

A registered barber who has used chemicals to wave, relax, straighten, or bleach the hair before July 1, 1985, may receive a temporary master haircare specialist license without the examination required in Section 40-7-230(D)(2) by notifying the board and certifying sixty hours of on-the-job experience with chemical applications. Editor's Note Prior Laws:1985 Act No. 147, SECTION 3; 1976 Code SECTION 40-7-17.
S.C. Code Ann. § 40-45-120 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-120
SECTION 40-45-120. Board authority to take disciplinary actions and impose civil penalties.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to Section 40-45-110, the board may take disciplinary action against a person as provided in Section 40-1-120 and also may impose a civil penalty of not more than two thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter, the total penalty not to exceed ten thousand dollars.
S.C. Code Ann. § 40-9-95 — SC Code / Title 40 / Chapter 9 / Section 40-9-95
SECTION 40-9-95. Investigations and proceedings.
Status: in_force

For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry. Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
S.C. Code Ann. § 40-20-100 — SC Code / Title 40 / Chapter 20 / Section 40-20-100
SECTION 40-20-100. Revocation or suspension of license; grounds; hearing.
Status: in_force

(A) In addition to the provisions pursuant to Section 40-1-110, the panel may revoke or suspend a dietitian's license or impose any other reasonable limitation on a dietitian's practice if the dietitian engages in any of the following conduct and this conduct is likely to endanger the health, welfare, or safety of the public: (1) using a false, fraudulent, or forged statement or engaging in a fraudulent, deceitful, or dishonest act in connection with any licensure requirement; (2) having an addiction to alcohol or drugs to such an extent as to render the licensee unfit to practice dietetics; (3) having been convicted for the illegal or unauthorized practice of dietetics; (4) knowingly performing any act which in any way assists an unlicensed person to practice dietetics; (5) having a physical or mental disability that renders further practice by the licensee dangerous to the public; (6) violating the code of ethics for the profession of dietetics; (7) engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public; (8) using a false or fraudulent statement in any document connected with the practice of dietetics; (9) intentionally violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter; (10) committing an act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence; (11) engaging in any activity that is beyond the scope of practice of dietetics as set forth in this chapter. (B) The suspension or revocation of a dietitian's license or the imposition of probationary conditions upon a dietitian may be recommended by the panel after a hearing is conducted.
S.C. Code Ann. § 40-49-220 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-220
SECTION 40-49-220. Local regulations to supercede county rules and regulations.
Status: in_force

Should the governing body of any municipality, incorporated community or water, sewer or public service district in the county provide and prescribe such rules and regulations applicable to the territory comprised within such municipality, incorporated community or district, authority to provide and prescribe such reasonable rules and regulations, by resolution or ordinance, being hereby expressly granted and conferred, such rules and regulations shall be effective in such territory and the rules and regulations provided and prescribed by the governing body of the county shall not be of force in such territory.
S.C. Code Ann. § 40-81-240 — SC Code / Title 40 / Chapter 81 / Section 40-81-240
SECTION 40-81-240. Application for licensure.
Status: in_force

(A) An application for licensure under this chapter must be submitted on an approved form, completed in its entirety. The application must be signed by the applicant. If any questions or requests for information on the application are left blank or incomplete, the commission must deny the application. In the case of a corporation or association, the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity. An application for a license must be accompanied by proof of age acceptable to the commission. (B) All licenses are valid from January 1 to December 31 of the year issued.
S.C. Code Ann. § 40-81-445 — SC Code / Title 40 / Chapter 81 / Section 40-81-445
SECTION 40-81-445. Mixed martial arts events; compliance with rules of professional organization or sanctioning body.
Status: in_force

The department and commission shall require that mixed martial arts events comply with the rules of a recognized professional organization or sanctioning body recognized by the commission except where those rules conflict with the laws of this State in which case the laws of this State shall apply.
S.C. Code Ann. § 40-22-50 — SC Code / Title 40 / Chapter 22 / Section 40-22-50
SECTION 40-22-50. Duties of board; promulgation of examination, licensing, and registration fees; records; register of applications for certificates of authorization; roster.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board. (B) The board shall promulgate examination, licensing, and registration fees for professional engineers, engineers-in-training, professional surveyors, surveyors-in-training, and registered firms in regulation. If the board denies the issuance of a license to an applicant, once the processing of the application has commenced, the fee deposited must be retained as an application fee. (C) The board shall keep a record of its proceedings, a register of all applications for individual licenses, and a register of all applications for certificates of authorization. The records of the board are prima facie evidence of the proceedings of the board set forth in the record. A transcript of the proceedings, certified by the administrator or the director under seal, is admissible in evidence with the same force and effect as the original. (1) For professional licensure applications, the register shall state: (a) the name, age, and residence of each applicant; (b) the date and type of the application; (c) the business address and telephone number of the applicant; (d) the applicant's educational and other qualifications; (e) whether or not an examination was required; (f) whether the applicant was rejected; (g) whether a license to practice was granted; (h) the date of the action of the board; and (i) other information considered necessary by the board. (2) For applications requesting a certificate of authorization, the register shall state: (a) the name and type of business entity; (b) the date of application; (c) the business address and telephone number; (d) the address for service of due process; (e) the date of action by the board; (f) approval or rejection of the application; and (g) other information considered necessary by the board. (D) The board shall maintain a daily updated roster or supplements to the roster containing: (1) the current names and places of business of all professional engineers and all professional surveyors; and (2) a listing of each business entity that holds a valid certificate of authorization to practice engineering, surveying, or both, in this State. Effect of Amendment 2016 Act No. 259, SECTION 4, rewrote (D), providing the board shall maintain and update, rather than annually prepare, a roster of information concerning professional engineers and surveyors.
S.C. Code Ann. § 40-56-270 — SC Code / Title 40 / Chapter 56 / Section 40-56-270
SECTION 40-56-270. 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 provisions, or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-45-90 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-90
SECTION 40-45-90. Evidence authorized to be collected for investigative purposes.
Status: in_force

For the purpose of an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
S.C. Code Ann. § 40-63-32 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-32
SECTION 40-63-32. Criminal history background check.
Status: in_force

In addition to other requirements established by law, a person applying for initial licensure as a social worker pursuant to this chapter or participation in the Social Work Interstate Compact set forth in Article 3 must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division (SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED and the FBI are authorized to retain the fingerprints for identification and certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed to the board as may be necessary to support the administrative action. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-59-100 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-100
SECTION 40-59-100. Cease and desist order; temporary restraining order.
Status: in_force

In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the commission in accordance with Section 40-1-100 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.
S.C. Code Ann. § 40-22-2 — SC Code / Title 40 / Chapter 22 / Section 40-22-2
SECTION 40-22-2. Purpose.
Status: in_force

In order to safeguard life, health, and property and to promote the public welfare, the practice of the profession of engineering and surveying in this State is subject to regulation. It is the policy of this State and the purpose of this chapter to encourage the development of professional engineers and surveyors in this State and to promote the accountability for engineering practice and surveying practice in a global economy. The State recognizes the need for qualified engineers and surveyors to support the local and global economy and, to that end, encourages efforts to increase access to accredited education, the examinations, and the experience necessary and appropriate to protect the health, safety, and welfare of South Carolina citizens and to support licensure as the basis of accountability. Effect of Amendment 2016 Act No. 259, SECTION 1, added the first sentence, and added references to surveying in the second and third sentences.
S.C. Code Ann. § 40-51-150 — SC Code / Title 40 / Chapter 51 / Section 40-51-150
SECTION 40-51-150. Grounds for revocation of licenses.
Status: in_force

The State Board of Podiatry Examiners may revoke the license to practice podiatry or chiropody of any person who, while holding such license, obtains a fee or a promise or obligation to pay a fee by fraud, or is guilty of gross negligence, ignorant or wilful malpractice in the practice of podiatry or chiropody, violation of any provisions of this chapter or any immoral or dishonorable conduct.
S.C. Code Ann. § 40-11-240 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-240
SECTION 40-11-240. Qualifications for licensure; required submissions.
Status: in_force

(A) To qualify for licensure, an entity must: (1) be a: (a) sole proprietorship or general partnership; or (b) limited partnership, limited liability partnership, limited liability company, or a for profit or nonprofit corporation that is either organized and registered under South Carolina law or is such an entity created under the laws of another state or jurisdiction and is registered with the South Carolina Secretary of State to do business in this State; (2) have a certified qualifying party in a responsible management position; and (3) meet all requirements for licensure as provided in this chapter. (B) To qualify for a license, an entity must submit: (1) a completed application on a form approved by the board; (2) all required fees; (3) a detailed statement of current financial condition or surety bond as required by this chapter; (4) the name and certificate number of the primary qualifying party for each classification or subclassification for which a license is desired; (5) proof that the entity's primary qualifying party in each classification or subclassification is in a responsible management position; and (6) all documentation required by the department pursuant to the requirements of this chapter. (C) A licensee may list additional qualifying parties. (D) A change of an entity's name, organizational status, or federal employer identification number must be reported to the department within fifteen days. Failure to do so results in license cancellation fifteen days from the date of change and requires the new entity to submit an initial application and meet all requirements for licensure. Effect of Amendment 2023 Act No. 69, SECTION 7, rewrote (A); and in (B), in (3), inserted "or surety bond", deleted former (4), which related to reference from a bank or other financial institution on a form as prescribed by the department, and redesignated former (5) to (7) as (4) to (6), and in (5), deleted "an employee" following "subclassification is".
S.C. Code Ann. § 40-29-250 — SC Code / Title 40 / Chapter 29 / Section 40-29-250
SECTION 40-29-250. Acts warranting consumer indemnity from security bond.
Status: in_force

Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, or a salesperson must be indemnity for a loss sustained by a consumer as a result of: (1) a violation of a provision of this chapter or a regulation of the board; (2) a violation of the written warranty or failure to fulfill warranty obligations as outlined in this chapter; (3) fraud in the execution or performance of a contract; (4) a misrepresentation in reference to the sale of a manufactured home; (5) refusal, failure, or inability to transfer good and sufficient legal title to the consumer; (6) a misappropriation of funds belonging to the consumer; (7) an alteration to deceive the consumer as to the manufacture or construction of the product; (8) a false and fraudulent representation or deceitful practice in selling, financing, or representing a product or service. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-140.
S.C. Code Ann. § 40-8-30 — SC Code / Title 40 / Chapter 8 / Section 40-8-30
SECTION 40-8-30. Definitions.
Status: in_force

As used in this chapter, unless otherwise stated or unless the context clearly indicates otherwise: (1) "Administrator" means the individual, appointed by the director, to whom the director has delegated authority to administer the programs of the South Carolina Perpetual Care Cemetery Board. (2) "Authorization to operate" or "operation authorization" means the approval to operate a cemetery, which has been granted by the South Carolina Perpetual Care Cemetery Board. This authorization is granted in the form of a license. (3) "Board" means the South Carolina Perpetual Care Cemetery Board. (4) "Cared-for" means the physical appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall. (5) "Cemetery" means a place used, dedicated, or designated for cemetery purposes including any one or combination of: (a) perpetual care cemeteries; (b) burial parks for earth interment; (c) mausoleums; (d) columbariums. (6) "Cemetery company" means a legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by cemetery sales organizations or cemetery management organizations or any other entity. (7) "Columbarium" means a structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person. (8) "Department" means the Department of Labor, Licensing and Regulation. (9) "Director" means the Director of the Department of Labor, Licensing and Regulation, or the director's official designee. (10) "Grave space" means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person. (11) "Human remains" or "remains" means the body of a deceased person and includes the body in any stage of decomposition. (12) "Licensee" means a person granted an authorization to operate pursuant to this chapter and refers to a person holding a license granted pursuant to this chapter. (13) "Mausoleum" means a structure or building substantially exposed aboveground, intended to be used for the entombment of the remains of a deceased person. (14) "Memorial" means a bronze marker set approximately level with the turf for the purpose of identification, or interchanged to mean upright markers in garden sections which are plotted and specified for the use of upright markers. The term "marker" is interchanged with the term "memorial" in this chapter. (15) "Merchandise" means items used in connection with grave space, niches, mausoleum crypts, granite, memorials, grave liners, and vaults; however, merchandise shall expressly exclude caskets and cremation urns, burial clothing, facilities used for preparation, viewing, and automotive equipment and transportation. Items expressly excluded under the definition of merchandise in this provision must be governed by Chapter 7 of Title 32. (16) "Outer burial container" means the following: (a) Category I—Protective Outer Burial Container—An outer burial container (vault) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing while resisting the entrance of water or any other element found in the soil in which it is interred. (b) Category II—Nonprotective Outer Burial Container—A nonsealing outer burial container (grave liner) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing. (17) "Perpetual care" means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a cemetery properly maintained using a care and maintenance trust fund. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter. (18) "Person" means an individual, entity, corporation, partnership, joint venture, or association. (19) "Trust institution" means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.
S.C. Code Ann. § 40-82-280 — SC Code / Title 40 / Chapter 82 / Section 40-82-280
SECTION 40-82-280. Orders concerning hazardous conditions; penalties.
Status: in_force

If a condition is found as a result of the inspection, examination, or investigation provided in Section 40-82-80 that is hazardous to the public safety, the board or the Office of the State Fire Marshal or an agent of the State Fire Marshal shall issue an order in writing to remove or correct the condition. If a person fails to comply with the terms of the order, the board may impose a fine, suspend the license, or refuse to renew or continue the license.
S.C. Code Ann. § 40-56-210 — SC Code / Title 40 / Chapter 56 / Section 40-56-210
SECTION 40-56-210. Civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief as provided for in Chapter 1.
S.C. Code Ann. § 40-69-300 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-300
SECTION 40-69-300. Regulation of animal shelters that provide veterinary services; definitions.
Status: in_force

(A) For purposes of this section: (1) "Animal shelter" means: (a) a veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for the purpose of impounding, care, adoption or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; or (b) a facility operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals but for the purpose of impounding, care, adoption or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals. (2) "Veterinary services" means the examination, diagnosis, and treatment of animal patients, administration of vaccines, diagnostic, imaging, surgery, laboratory, pharmacology, and provision of hospitalization and emergency treatment. (B) Notwithstanding another provision of law, all animal shelters operating in this State that provide veterinary services are subject to the regulation of the South Carolina Board of Veterinary Medical Examiners. (C) A veterinarian providing veterinary services in an animal shelter, and each animal shelter itself, shall prepare, or cause to be prepared, a written or electronic record concerning the animals in their respective care. An animal shelter shall maintain records for a minimum of three years after the last entry. A copy of a record relating to an animal whose ownership is being transferred must be provided to the owner at the time of adoption or fostering. (D) An animal shelter shall prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge. The report also must contain the mailing address and street address of the current place of business, and working telephone number of the animal shelter. The shelter shall compile this data in a report and submit the report to the Department of Labor, Licensing and Regulation before January thirty-first of each year. The department shall make these reports available on its Internet website. (E) An animal shelter operated by the State or a county, municipal corporation, or other political subdivision of the State is exempt from the provisions of this section and is regulated pursuant to Sections 47-3-10, et al. However, the Department of Labor, Licensing and Regulation is authorized to enter public animal shelters for purposes of regulating the practice of veterinarian medicine or investigating suspicion of unauthorized practice of veterinarian medicine. (F) The Department of Labor, Licensing and Regulation shall place on its website a list of all emergency veterinarian clinics in each county within six months of the renewal license period after the enactment of this section. (G) All shelters and emergency veterinarian clinics that provide veterinary services must register with the South Carolina Board of Veterinary Medical Examiners.
S.C. Code Ann. § 40-75-100 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-100
SECTION 40-75-100. Issuance of cease and desist orders or temporary restraining orders; injunction restraining conduct.
Status: in_force

(A) In addition to other remedies provided for in this chapter or Chapter 1 of Title 40, the board in accordance with Section 40-1-100 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 or a regulation promulgated under this chapter. (B) 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 under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
S.C. Code Ann. § 40-45-190 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-190
SECTION 40-45-190. Confidentiality of proceedings and communications.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-33-39 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-39
SECTION 40-33-39. Identification badges.
Status: in_force

A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's first or last name, or both, and title as officially licensed.
S.C. Code Ann. § 40-1-30 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-30
SECTION 40-1-30. Authorization to practice.
Status: in_force

It is unlawful for a person to engage in a profession or occupation regulated by a board or commission administered by the Department of Labor, Licensing and Regulation without holding a valid authorization to practice as required by statute or regulation. An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on renewal dates as established by the Director of Labor, Licensing and Regulation with the consent of each applicable regulatory board.
S.C. Code Ann. § 40-45-30 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-30
SECTION 40-45-30. Required licenses; practice while license suspended or revoked; practice without license; penalties.
Status: in_force

A person shall not engage in the practice of physical therapy without a license issued in accordance with this chapter. A person who practices as a physical therapist or as a physical therapist assistant without being licensed under this chapter or whose license has been suspended or revoked or who uses in connection with his name the words or letters "PT", "Licensed Physical Therapist", "Physical Therapist", "Physio Therapist", "Licensed Physical Therapist Assistant", "PTA", or any other letters, words, or insignia indicating or implying that he is a physical therapist or a physical therapist assistant or who in any other way, orally or in writing or in print or by sign directly or by implication, represents himself as a physical therapist or physical therapist assistant without being licensed by the board is subject to the penalties provided for in this chapter.
S.C. Code Ann. § 40-45-180 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-180
SECTION 40-45-180. 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. § 40-29-50 — SC Code / Title 40 / Chapter 29 / Section 40-29-50
SECTION 40-29-50. Investigation of complaints and violations.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-77-190 — SC Code / Title 40 / Chapter 77 / Section 40-77-190
SECTION 40-77-190. Confidentiality of proceedings; privileged communications.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-68-80 — SC Code / Title 40 / Chapter 68 / Section 40-68-80
SECTION 40-68-80. Licensing of multiple companies owned by same entity as professional employer organization group; joint liability.
Status: in_force

A group of at least two but not more than five professional employer organizations that are majority-owned by the same entity may be licensed as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirements of the chapter on a consolidated basis. As a condition of the issuance of a professional employer organization group license, each person that is a member of the group must guarantee payment of all financial obligations of other members of the group.
S.C. Code Ann. § 40-81-340 — SC Code / Title 40 / Chapter 81 / Section 40-81-340
SECTION 40-81-340. Announcer licenses.
Status: in_force

In order to be licensed as an announcer, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-59-60 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-60
SECTION 40-59-60. Additional commission operations.
Status: in_force

In addition to the commission operations provided in this chapter, the commission may act in accordance with those set forth in Section 40-1-60.
S.C. Code Ann. § 40-7-120 — SC Code / Title 40 / Chapter 7 / Section 40-7-120
SECTION 40-7-120. Additional disciplinary action.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to Section 40-1-110, the board also may take disciplinary action against a person as provided for in Section 40-1-120.
S.C. Code Ann. § 40-77-240 — SC Code / Title 40 / Chapter 77 / Section 40-77-240
SECTION 40-77-240. Establishment of fees; examinations.
Status: in_force

(A) The board in regulation shall establish application, examination, reexamination, registration, and reregistration fees which must be paid at the time of each application or reapplication. (B) If the board denies the issuance of a certificate of registration to an applicant the initial fee deposited must be retained as an application fee. A registration fee must be collected before issuance of a certificate of registration to a qualified applicant and a reregistration fee is due and payable in accordance with Section 40-1-50. (C) When examinations are required on fundamental geological subjects ordinarily given in college curricula, the applicant may take that part of the examination before completing the requisite years of scholastic studies in geology. The examination must be prepared and conducted as prescribed by the board with special reference to the applicant's ability to ensure the safety of life, health, and property. (D) When written examinations are required to practice geology in this State, the examinations must be held at a time and place determined by the board. Examinations must be held at least annually.
S.C. Code Ann. § 40-56-140 — SC Code / Title 40 / Chapter 56 / Section 40-56-140
SECTION 40-56-140. License denial based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Chapter 1.
S.C. Code Ann. § 40-26-10 — SC Code / Title 40 / Chapter 26 / Section 40-26-10
SECTION 40-26-10. Definitions.
Status: in_force

When used in this chapter: (1) "Board" means the State Licensing Board for Contractors (excluding mechanical contractors), the State Board of Architectural Examiners, or the State Board of Registration for Professional Engineers (excluding land surveyors), as is applicable to the person performing a commercial inspection. (2) "Commercial inspection" means the rendering of a written or oral report, for compensation of any sort, as to the condition of the construction or improvements to a commercial structure, including, but not limited to, structural problems and conditions, visible damage, safety problems or deterioration, and equipment and systems that are visible and readily accessible. Commercial inspection does not include a contract or proposal for design, repair, renovation, or remodeling of the improvements to a commercial structure. The parties to an agreement for a commercial inspection may limit or expand the scope of the inspection by agreement. (3) "Commercial inspector" means a natural person licensed, registered, or certified pursuant to Chapter 3 of this title or a natural person licensed as a general contractor pursuant to Chapter 11 of this title or a natural person licensed or registered as a professional engineer pursuant to Chapter 22 of this title, and who, for compensation of any sort, performs a commercial inspection. (4) "Commercial structure" means a building, highway, sewer, improvement, reimprovement, or structure, or part thereof, which is not a residence as defined in Article 3 of Chapter 59 of Title 40.
S.C. Code Ann. § 40-30-235 — SC Code / Title 40 / Chapter 30 / Section 40-30-235
SECTION 40-30-235. Grounds for denial of licensure to massage therapy or sole practitioner establishment applicants.
Status: in_force

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant for a massage therapy establishment or sole practitioner establishment license or may take disciplinary action against an entity licensed as a massage therapy establishment or sole practitioner establishment that: (1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for a license pursuant to this chapter; (2) has had a license, permit, certificate, or registration from South Carolina or another state or jurisdiction denied, canceled, revoked, suspended, or otherwise restricted; (3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the board; (4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation of or a conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter; (5) has intentionally used a fraudulent statement in a document connected to the conduct of its establishment, or has made false, deceptive, or misleading statements in the conduct of its establishment or in related advertising; (6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances; (7) has engaged in unlicensed practice; (8) has allowed an individual, employee, or independent contractor to practice massage therapy on the premises of the establishment without an active license to practice massage therapy pursuant to this chapter; (9) has presented as its own license the license of another establishment; (10) has allowed the use of a license by an unlicensed establishment; (11) has falsely impersonated another license holder; or (12) has used or has attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure.
S.C. Code Ann. § 40-10-160 — SC Code / Title 40 / Chapter 10 / Section 40-10-160
SECTION 40-10-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-63-230 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-230
SECTION 40-63-230. Licensure requirements; Masters Social Worker.
Status: in_force

To be licensed as a Masters Social Worker, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board; (5) have successfully passed an examination prescribed by the board; (6) have paid all applicable fees specified by the board.
S.C. Code Ann. § 40-71-20 — SC Code / Title 40 / Chapter 71 / Section 40-71-20
SECTION 40-71-20. Confidentiality of certain proceedings, records and information; reporting accidents and incidents.
Status: in_force

(A) All proceedings of and all data and information acquired by the committee referred to in Section 40-71-10 in the exercise of its duties are confidential unless a respondent in the proceeding requests in writing that they be made public. These proceedings and documents are not subject to discovery, subpoena, or introduction into evidence in any civil action except upon appeal from the committee action. Information, documents, or records which are otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during the committee proceedings, nor shall any complainant or witness before the committee be prevented from testifying in a civil action as to matters of which he has knowledge apart from the committee proceedings or revealing such matters to third persons. (B) Confidentiality provisions do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information. (C) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A).
S.C. Code Ann. § 40-29-320 — SC Code / Title 40 / Chapter 29 / Section 40-29-320
SECTION 40-29-320. Record keeping requirement; board inspection of records; standard form for purchase agreements.
Status: in_force

Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter. Purchase agreements used by retail dealers for the sale of new or used manufactured homes must be standard and in a form prescribed by the board. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-230.
S.C. Code Ann. § 40-5-80 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-80
SECTION 40-5-80. Citizen may prosecute or defend own cause.
Status: in_force

This chapter may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires.
S.C. Code Ann. § 40-77-180 — SC Code / Title 40 / Chapter 77 / Section 40-77-180
SECTION 40-77-180. Collection and enforcement provisions.
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. § 40-41-60 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-60
SECTION 40-41-60. License required for erection of lightning rods.
Status: in_force

It shall be unlawful for any person to erect or place upon any building within the State any lightning rod without first procuring from the clerk of the court of each county wherein business is proposed to be done a license so to do, for which shall be paid the sum of fifty dollars per annum for each such county. But in cities and towns collecting licenses for this class of work, persons who are residents of such cities or towns and pay such city or town license shall be exempt from payment of such county license when such work is done in the city or town in which such person resides. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, in the discretion of the presiding judge.
S.C. Code Ann. § 40-68-50 — SC Code / Title 40 / Chapter 68 / Section 40-68-50
SECTION 40-68-50. License fees; biennial assessment fee; submission of financial data to ensure compliance.
Status: in_force

(A) An applicant for an original or renewal license shall pay a fee to the department on the issuance of the license or license renewal. License fees are assessed as follows: (1) in the first year of the biennium: (a) two thousand dollars for a resident professional employer organization; (b) four thousand dollars for a resident professional employer organization group; (c) two thousand dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident professional employer organization imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is five thousand dollars for a nonresident professional employer organization; (d) four thousand dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is ten thousand dollars for each nonresident professional employer organization group; (2) in the second year of the biennium: (a) one thousand dollars for each resident professional employer organization; (b) three thousand five hundred dollars for each resident professional employer organization group; (c) one thousand dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident professional employer organization imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is two thousand five hundred dollars for a nonresident professional employer organization; (d) three thousand five hundred dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is five thousand dollars for each nonresident professional employer organization group; (3) for renewal licenses: (a) fifteen hundred dollars for a professional employer organization; (b) three thousand dollars for a professional employer organization group; (c) fifteen hundred dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident leasing company imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is three thousand seven hundred fifty dollars for a nonresident professional employer organization; (d) three thousand dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is seven thousand five hundred dollars for each nonresident professional employer organization group. (B) In addition to the license fee, the department may levy a biennial assessment for each professional employer organization and each professional employer organization group sufficient to cover all costs for regulation of the profession pursuant to this chapter and other applicable provisions of law. The biennial assessment fee is: (1) due and payable upon initial licensure and subsequent renewals and one year before the expiration of any licensure period; and (2) based on the gross South Carolina payroll, excluding tips and gratuities, of a professional employer organization's or professional employer organization group's clients during the period beginning nine quarters before and ending one quarter before each assessment; (3) calculated in accordance with the following table: (C) In order to ensure compliance with the requirements of subsection (B), each licensee annually shall submit a statement of total gross South Carolina payroll, excluding tips and gratuities, along with copies of all South Carolina Unemployment Compensation tax returns for the preceding calendar year. (D) The total licensure fee and biennial assessments during a licensure period must not exceed: (1) eight thousand seven hundred fifty dollars for a professional employer organization license; or (2) ten thousand dollars for a professional employer organization group license issued under Section 40-68-90. (E) The department may change the anniversary date of the first biennium, as established in regulation 28-910(3)(d), so that approximately one-half of the applications for renewal licenses will be due on or before September 30 of the biennium and the other half on or before March 30 of the following year.
S.C. Code Ann. § 40-67-180 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-180
SECTION 40-67-180. Collection and enforcement 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. Editor's Note Prior Laws:1962 Code SECTION 56-1549.16; 1973 (58) 773.
S.C. Code Ann. § 40-47-1730 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1730
SECTION 40-47-1730. License required; application; administrative procedures.
Status: in_force

(A) A person may not hold himself out as an athletic trainer or perform, for compensation, any activities of an athletic trainer as defined in Section 40-47-1710 without obtaining a license. (B) Any person desiring licensure as an athletic trainer must apply to the board. The board must make a determination of the applicant's qualifications and issue the license to the applicant. (C) A license so issued is valid for a period not to exceed two years from the date of issuance and may be renewed subject to any requirements of this article and regulations promulgated by the board. (D) The board must suspend or revoke a license issued if it is determined that the holder no longer meets the prescribed qualifications set forth by the board or has failed to provide athletic training services of a quality acceptable by the board. (E) Any person whose application is denied, suspended, or revoked is entitled to a hearing before the board if he submits a written request to the board. Proceedings for denial, revocation, or suspension of a license must be conducted consistent with the Administrative Procedures Act.
S.C. Code Ann. § 40-67-130 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-130
SECTION 40-67-130. Denial of licensure on grounds of possible disciplinary action.
Status: in_force

The board may deny licensure to an applicant based on the grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-51-110 — SC Code / Title 40 / Chapter 51 / Section 40-51-110
SECTION 40-51-110. Reciprocity.
Status: in_force

Upon payment of a fee to be determined by regulation of the board, a license may be issued to a podiatrist or a chiropodist moving to this State from a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State.
S.C. Code Ann. § 40-61-90 — SC Code / Title 40 / Chapter 61 / Section 40-61-90
SECTION 40-61-90. Revocation, suspension, or restriction of certificate; misconduct.
Status: in_force

The board may revoke, suspend, or otherwise restrict the certificate of any registered environmental sanitarian or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined in this chapter. Misconduct, which constitutes grounds for revocation, suspension, or restriction of a certificate or a limitation on, reprimand, or other discipline of a registered environmental sanitarian, is a satisfactory showing to the board: (1) That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the registration requirements. (2) That the holder of a certificate has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction. (3) That the holder of a certificate practiced environmental sanitation while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice environmental sanitation. (4) That the holder of a certificate uses alcohol or drugs to such a degree as to adversely affect his ability to practice environmental sanitation. (5) That the holder of a certificate has knowingly performed any act which substantially assists a person to practice environmental sanitation illegally. (6) That the holder of a certificate intentionally has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any environmental sanitarian. (7) That the holder of a certificate has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public. (8) That the holder of a certificate has violated the code of ethics as adopted by the board and published in its regulations. (9) That the holder of a certificate has engaged in conduct that is deceptive, fraudulent, or harmful to the public. (10) That the holder of a certificate is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances. (11) That the holder of a certificate is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of environmental sanitation. (12) That the holder of a certificate has been found by the board to lack the professional competence to practice environmental sanitation. (13) That the holder of a certificate has violated any provision of this chapter regulating the practice of environmental sanitation. (14) That the holder of a certificate has been guilty of using a solicitor or peddlers, cappers, or steerers to obtain patronage. In addition to all other remedies and actions incorporated in this chapter, the certificate of a registered environmental sanitarian adjudged mentally incompetent by any court of proper jurisdiction is automatically suspended by the board until he is adjudged by a court of competent jurisdiction to be mentally competent.
S.C. Code Ann. § 40-57-750 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-750
SECTION 40-57-750. Costs of investigation and prosecution of violations.
Status: in_force

Payment and collection of costs associated with investigations and prosecution of violations under this chapter must comply with Section 40-1-170. Effect of Amendment 2016 Act No. 170, SECTION 1, reenacted this section with no changes. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-33-210 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-210
SECTION 40-33-210. Civil action for injunctive relief.
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 board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
S.C. Code Ann. § 40-60-390 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-390
SECTION 40-60-390. Requirements for employees and independent contractors of appraisal management companies.
Status: in_force

(A) An employee of the appraisal management company who is responsible for performing appraisal reviews of certified or licensed appraisers, who are independent contractors, must demonstrate knowledge of the Uniform Standards of Professional Appraisal Practice as determined by the board. (B) An appraisal management company that applies to the board for a registration to do business in this State as an appraisal management company shall not knowingly: (1) employ a person who has had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in a position in which the person has the responsibility to order appraisals or to review completed appraisals; (2) enter into an independent contractor arrangement for appraisal services, whether in verbal, written, or other form, with a person who has had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation; or (3) enter into a contract, agreement, or other business relationship, whether in verbal, written, or another form, with an entity for appraisal services that employs, has entered into an independent contract arrangement, or has entered into a contract, agreement, or other business relationship, whether in verbal, written, or other form, with a person who has ever had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation. 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. § 40-11-80 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-80
SECTION 40-11-80. Investigation of complaints and violations.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-43-80 — SC Code / Title 40 / Chapter 43 / Section 40-43-80
SECTION 40-43-80. Qualifications of applicants for pharmacy license examination.
Status: in_force

To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) have submitted a written application in the form prescribed by the Board of Pharmacy; (2) have received a Bachelor of Science in pharmacy or Doctor of Pharmacy degree from an accredited college or school of pharmacy or department of pharmacy of a university which is recognized by the board, the recognition to be established by the board on the basis of uniform and reasonable standards of educational requirements to be observed by a school or college of pharmacy or department of pharmacy of a university or have received the Foreign Pharmacy Graduate Equivalency Certification. The accrediting agency may include, but is not limited to, the American Council on Pharmaceutical Education. The school or college of pharmacy or department of pharmacy of universities referred to in this item must be examined and inspected by the Board of Pharmacy of South Carolina or its accrediting agency and approved by the board periodically to see that the school or college of pharmacy of the universities comply with the standards of the board and its accrediting agency as to the purpose of the college, the faculty, teaching load, size of classes, curriculum, and degrees, admission requirements, attendance, promotion and graduation, student load, instruction, library, administration, finance, physical plant, extra curricular activities, miscellaneous factors, and annual progress report. (3) have completed an internship or other program that has been approved by the Board of Pharmacy or demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (4) have successfully passed the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE); (5) have paid all the appropriate fees. Editor's Note Prior Laws:1925 (34) 32; 1931 (37) 141; 1932 Code SECTION 5172; 1942 Code SECTION 5172; 1952 Code SECTION 56-1305; 1962 Code SECTION 56-1305; 1980 Act No. 492, SECTION 1; 1981 Act No. 120, SECTION 4; 1984 Act No. 461; 1988 Act No. 548, SECTION 1; 1976 Code SECTION 40-43-50.
S.C. Code Ann. § 40-82-140 — SC Code / Title 40 / Chapter 82 / Section 40-82-140
SECTION 40-82-140. Prior criminal record as ground for denying license.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-30-40 — SC Code / Title 40 / Chapter 30 / Section 40-30-40
SECTION 40-30-40. Board of Massage Therapy.
Status: in_force

(A) There is created the Board of Massage Therapy under the administration of the department. The board shall be composed of seven members appointed by the Governor, upon the advice and consent of the Senate. Six members must be licensed massage therapists in good standing and must have been engaged in the practice of massage therapy for no fewer than three consecutive years before appointment to the board. One member must represent the public at large and must not have a financial interest, direct or indirect, in the profession or practice of massage therapy. A board member must be a high school graduate or shall have received a graduate equivalency diploma and must be a citizen of the United States and a resident of this State for no fewer than five years. Nominations for appointment to the board may be submitted to the Governor from any individual, group, or association. (B) Board members serve a term of four years and until their successors are appointed and qualify. A vacancy on the board must be filled in the manner of the original appointment for the remainder of the unexpired term. (C) Board members 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. (D) The Governor may remove a member of the board in accordance with Section 1-3-240. (E) The board must meet at least twice a year. (F) Any business conducted by the board must be conducted by a majority vote of the entire membership of the board, reduced by any vacancies existing at the time. Effect of Amendment The 2013 amendment rewrote the section. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-9-110 — SC Code / Title 40 / Chapter 9 / Section 40-9-110
SECTION 40-9-110. Penalties.
Status: in_force

It shall be unlawful for any person to practice chiropractic in violation of the provisions of this chapter, and any person violating any provisions thereof shall upon conviction be fined not more than five hundred dollars or imprisoned for a period not to exceed thirty days, or both, at the discretion of the court. Each violation shall constitute a separate offense. The provisions of this section shall apply to any person or firm aiding or abetting in any violation of this chapter.
S.C. Code Ann. § 40-53-40 — SC Code / Title 40 / Chapter 53 / Section 40-53-40
SECTION 40-53-40. Minimum requirements for instruments.
Status: in_force

Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously: (1) the subject's cardiovascular pattern and (2) respiratory pattern. Patterns of other physiological changes in addition to (1) and (2) may also be recorded. The use of any instrument or device to detect deception or to verify truth of statements which does not meet these minimum instrumentation requirements is hereby prohibited and the operation or use of such equipment shall be subject to penalties and may be enjoined in the manner hereinafter provided.
S.C. Code Ann. § 40-9-38 — SC Code / Title 40 / Chapter 9 / Section 40-9-38
SECTION 40-9-38. Vacancies.
Status: in_force

Vacancies on the board shall be filled in the manner of the original appointment for the unexpired term.
S.C. Code Ann. § 40-13-130 — SC Code / Title 40 / Chapter 13 / Section 40-13-130
SECTION 40-13-130. Denial of licensure on same grounds as for disciplinary actions.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-38-390 — SC Code / Title 40 / Chapter 38 / Section 40-38-390
SECTION 40-38-390. 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. § 40-60-120 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-120
SECTION 40-60-120. Fines and penalties; delivery of notice of revocation or suspension; consent orders.
Status: in_force

(A) In addition to the powers and duties enumerated in Section 40-1-120, the board may impose a fine of up to two thousand dollars to be paid for each violation of the provisions of this chapter or of the regulations promulgated by the board, but the total penalty or fine for violations may not exceed ten thousand dollars, and may require payment of the costs of the disciplinary action. Fines are payable immediately upon the effective date of discipline unless otherwise provided by the board. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full. (B) A decision by the board to publicly or privately reprimand, fine, revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee becomes effective upon delivery of a copy of the decision to the licensee. (C) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the board wherein violations are not contested and sanctions are accepted. Effect of Amendment 2016 Act No. 243, SECTION 8, in (B), inserted "publicly or privately reprimand, fine", and deleted text relating to a petition of review operating as a supersedeas or stay.
S.C. Code Ann. § 40-59-20 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-20
SECTION 40-59-20. Definitions.
Status: in_force

As used in this chapter unless the context clearly indicates otherwise: (1) "Commission" means the South Carolina Residential Builders Commission. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Director" means the Director of the Department of Labor, Licensing and Regulation. (4) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture or other legally constituted organization which practices or offers to practice residential building or residential specialty contracting. (5) "License" means a license, registration, or certification issued in accordance with this chapter. (6) "Residential builder" means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. Anyone who engages or offers to engage in such undertaking in this State is considered to have engaged in the business of residential building. (7) "Residential specialty contractor" means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11. A residential specialty contractor is not authorized to construct additions to residential buildings or structures without supervision by a residential builder or other appropriately licensed person or entity. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation: (a) plumbers; (b) electricians; (c) heating and air conditioning installers and repairers; (d) vinyl and aluminum siding installers; (e) insulation installers; (f) roofers; (g) floor covering installers; (h) masons; (i) dry wall installers; (j) carpenters; (k) stucco installers; (l) painters and wall paperers; (m) solar panel installers. Plumbers, electricians, and heating and air conditioning installers and repairers must be issued specialty contractor licenses after passing the required examination, if the other requirements of this article are met. Vinyl and aluminum siding installers, masons, dry wall installers, carpenters, stucco installers, painters and wall paperers, and solar panel installers must be issued specialty contractor registrations, if the other requirements of this article are met. A residential specialty contractor is prohibited from undertaking work outside the scope of his license or registration, including employing, hiring, and contracting or subcontracting with others to perform such work on his behalf. The provisions of this chapter do not preclude a licensed residential builder from also obtaining licensure or registration as a residential specialty contractor in an area of contracting identified in statute or recognized by the commission. In addition, a residential builder, who is licensed by examination in this State, is authorized to perform work in any of the areas of residential specialty contracting without separately obtaining a residential specialty contractor license or registration. (8) As used in this chapter, the terms defined in Section 40-1-20 have the same meaning as stated in that section. Editor's Note Prior Laws:1962 Code SECTION 56-1545.32; 1974 (58) 1949; 1990 Act No. 595, SECTION 1; 1976 Code SECTION 40-59-10. Effect of Amendment 2022 Act No. 186, SECTION 2, in (7), in the first sentence, deleted "who is not a licensed residential builder," following "means an independent contractor", substituted "five hundred dollars" for "two hundred dollars", and inserted the second sentence; in (l), substituted "painters and wall paperers;" for "painters/wall papers."; and inserted (m) and the following three undesignated paragraphs.
S.C. Code Ann. § 40-68-140 — SC Code / Title 40 / Chapter 68 / Section 40-68-140
SECTION 40-68-140. Name under which business may be conducted; change of name or location of primary office or records; addition of business offices; license not assignable.
Status: in_force

(A) A licensee may not conduct business under a name other than that specified in the license. A license issued under this chapter is not assignable. A licensee may not conduct business under any fictitious or assumed name without prior written authorization from the department. The department may not authorize the use of a name that is so similar to that of a public office or agency or to that of another licensee that the public may be confused or misled by its use. A licensee may not conduct business under more than one name unless it has obtained a separate license for each name. (B) A licensee may change its licensed name at any time by notifying the department and paying a fee for each change of name. The department by regulation shall set the fee for each name change in an amount not to exceed fifty dollars. A licensee may change its name on renewal of the license without the payment of the name change fee. (C) A licensee must notify the department in writing of: (1) a change in the location of its primary business office; (2) the addition of more business offices; or (3) a change in the location of business records maintained by the licensee.
S.C. Code Ann. § 40-3-140 — SC Code / Title 40 / Chapter 3 / Section 40-3-140
SECTION 40-3-140. Denial of license based on 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. § 40-81-410 — SC Code / Title 40 / Chapter 81 / Section 40-81-410
SECTION 40-81-410. Matchmaker licenses.
Status: in_force

In order to be licensed as a matchmaker, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-68-165 — SC Code / Title 40 / Chapter 68 / Section 40-68-165
SECTION 40-68-165. Enforcement by Attorney General.
Status: in_force

The department or the Attorney General may file an action in circuit court to enforce the provisions of this chapter.
S.C. Code Ann. § 40-7-300 — SC Code / Title 40 / Chapter 7 / Section 40-7-300
SECTION 40-7-300. Practicing barbers from other states; requirements for receiving certificate of registration to practice in state.
Status: in_force

A person who has practiced barbering in another state or country which has licensing requirements which meet or exceed the requirements of this chapter, as determined by the board, and who moves into this State, before practicing barbering in South Carolina shall submit to the board: (1) notarized statements from previous employers establishing that the person has been licensed and actively has practiced barbering for the preceding calendar year; (2) a letter from the licensing board of the state or country from which the person is moving verifying that the person is licensed and in good standing with the board of that state or country; (3) a certificate that the person has read, understands, and will abide by the provisions of this chapter and regulations promulgated under this chapter; (4) a completed application for a certificate of registration upon a form provided by the board. Upon receipt of these documents, the board shall issue the person a certificate of registration to practice barbering in this State. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-42; 1952 Code SECTION 56-265; 1956 (49) 1588; 1962 Code SECTION 56-265; 1967 (55) 392; 1978 Act No. 433; 1981 Act No. 143, SECTION 3; 1989 Act No. 87, SECTION 6; 1992 Act No. 356, SECTION 2; 1976 Code SECTION 40-7-160.
S.C. Code Ann. § 40-58-70 — SC Code / Title 40 / Chapter 58 / Section 40-58-70
SECTION 40-58-70. Prohibited activities.
Status: in_force

In addition to the activities prohibited by other provisions of state or federal law, it is unlawful for a person in the course of a mortgage loan transaction to: (1) misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan. This includes presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise; (2) intentionally misrepresent or conceal a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor; (3) engage in a transaction, practice, or course of business which is unconscionable, as provided in Section 37-5-108, or which operates a fraud upon a person in connection with the making of or purchase or sale of a mortgage loan; (4) fail to use due diligence and make reasonable efforts in procuring a mortgage loan on behalf of a borrower; (5) collect any allowable third party fees excluding appraisals or credit reports before a conditional mortgage loan commitment is obtained by the mortgage broker; (6) influence or attempt to influence through coercion, extortion, or bribery the development, reporting, result, or review of a real estate appraisal sought in connection with a mortgage loan. This item does not prohibit a mortgage broker or mortgage lender from asking the appraiser to do one or more of the following: (a) consider additional appropriate property information; (b) provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (c) correct errors in the appraisal report; (7) fail to pay reasonable fees within a reasonable time to a licensed third party for services that are: (a) requested from the third party in writing by the mortgage broker or an employee of the mortgage broker; and (b) performed by the third party in connection with the origination or closing of a mortgage loan for a customer or mortgage lender; (8) advertise mortgage loans, including rates, margins, discounts, points, fees, commissions, or other material information, including material limitations on the loans, unless the person is able to make the mortgage loans as advertised available to qualified applicants; (9) fail to provide disclosures as required by state or federal law or collect any fee prior to providing required disclosures; (10) fail to comply with this chapter or any other state or federal law including rules and regulations applicable to a business regulated by this chapter; (11) falsely advertise or misuse names in violation of 18 U.S.C. Section 709 or state law; or (12) use any trade name or insignia of membership in any organization of which the licensee is not a member or advertise falsely through any material including, but not limited to, any business card, stationery, or signage concerning a designation or certification of special education, credentials, trade organization membership, or business. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-53-240 — SC Code / Title 40 / Chapter 53 / Section 40-53-240
SECTION 40-53-240. Injunctions.
Status: in_force

If any person violates any provisions of this chapter, the Division may, in the name of the State of South Carolina, through the Attorney General, apply in any circuit court of competent jurisdiction for an order enjoining such violation or for an order enforcing compliance with this chapter. Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this chapter, may issue a temporary injunction without notice or bond enjoining such continued violation and if it is established that the person has violated or is violating this chapter, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this chapter. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.
S.C. Code Ann. § 40-13-100 — SC Code / Title 40 / Chapter 13 / Section 40-13-100
SECTION 40-13-100. Injunctive orders and other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 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.
S.C. Code Ann. § 40-47-1300 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1300
SECTION 40-47-1300. Third party reimbursement.
Status: in_force

Nothing in this article may be construed to require third party reimbursement directly to an anesthesiologist's assistant for services rendered.
S.C. Code Ann. § 40-63-590 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-590
SECTION 40-63-590. Coordinated database and reporting system.
Status: in_force

(A) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of current significant investigative information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse actions against a license or an interstate compact license and information related thereto; (4) nonconfidential information related to alternative program participation, the beginning and end dates of such participation, and other information related to such participation not made confidential under member state law; (5) any denial of application for licensure, and the reason for such denial; (6) the presence of current significant investigative information; and (7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission. (C) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state. (D) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states. (E) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (F) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (G) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-5-320 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-320
SECTION 40-5-320. Practice of law by corporations and voluntary associations unlawful.
Status: in_force

(A) It is unlawful for a corporation or voluntary association to: (1) practice or appear as an attorney at law for a person other than itself in a court in this State or before a judicial body; (2) make it a business to practice as an attorney at law for a person other than itself in a court or judicial body; (3) hold itself out to the public as being entitled to practice law, render or furnish legal services, advise or to furnish attorneys or counsel, or render legal services in actions or proceedings; (4) assume to be entitled to practice law or to assume, use, or advertise the title of lawyer, attorney, attorney at law, or equivalent terms in any language as to convey the impression that it is entitled to practice law or to furnish legal advice, services, or counsel; or (5) advertise that it has, owns, conducts, or maintains a law office or an office for the practice of law or for furnishing legal advice, services, or counsel, either alone or together with, by, or through a person, whether a duly and regularly admitted attorney at law, or not. (B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 40-67-630 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-630
SECTION 40-67-630. Construction and severability.
Status: in_force

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
S.C. Code Ann. § 40-63-10 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-10
SECTION 40-63-10. State Board of Social Work Examiners; membership; oath; expense reimbursements.
Status: in_force

(A) There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, two licensed master social workers, and two licensed independent social workers (clinical or advanced practice). All members must be residents of this State and the social workers must have been in the active practice of social work for at least five years before appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment. The board shall have powers and duties as stated in Section 40-1-70. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove a member in accordance with Section 1-3-240. No member may be removed without an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board must be filled in the manner of the original appointment for the unexpired portion of the term. (B) The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State. (C) Members may receive for their services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. Editor's Note Prior Laws:1962 Code SECTION 56-1600.1; 1968 (55) 2800; 1988 Act No. 568, SECTION 1; 1993 Act No. 181, SECTION 943.
S.C. Code Ann. § 40-19-260 — SC Code / Title 40 / Chapter 19 / Section 40-19-260
SECTION 40-19-260. Business establishment; presence of funeral director required.
Status: in_force

The practice of funeral service may be engaged in only at a licensed establishment. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services. Editor's Note Prior Laws:1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-110.
S.C. Code Ann. § 40-15-215 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-215
SECTION 40-15-215. Publication of final orders of board; public record of limitation or surrender of license; confidentiality of other information.
Status: in_force

Any final order of the board finding that a dentist, dental hygienist, or dental technician is guilty of any offense charged in a formal accusation is public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order or unless stayed by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 or the board. Any final order which is made public may be mailed to local and state dental associations and all hospitals in which the respondent has staff privileges, to states where the dentist, dental hygienist, or dental technician has a license or certificate as known to the board, or to any other agency the board considers appropriate. If a license or certificate is voluntarily limited or surrendered by the holder, a public record of the existence and duration of the limitation or surrender must be maintained by the board, and no further distribution of the information may be made. All information, investigations, and proceedings concerning the circumstances underlying an action by the holder of the license or certificate is privileged and confidential.
S.C. Code Ann. § 40-61-70 — SC Code / Title 40 / Chapter 61 / Section 40-61-70
SECTION 40-61-70. Annual renewal of certificates.
Status: in_force

The board shall renew annually certificates upon payment of a fee and completion of any required continuing education courses.
S.C. Code Ann. § 40-47-785 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-785
SECTION 40-47-785. Request for inactive status.
Status: in_force

Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions established by the board in regulation, may be declared active.
S.C. Code Ann. § 40-38-300 — SC Code / Title 40 / Chapter 38 / Section 40-38-300
SECTION 40-38-300. Use of optician's license by unlicensed persons unlawful; assistants under supervision of opticians; delegation of tasks.
Status: in_force

(A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician. (B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-200.
S.C. Code Ann. § 40-75-110 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-110
SECTION 40-75-110. Revocation, suspension, reprimand, or restriction of licensee; grounds for discipline.
Status: in_force

(A) The board may revoke, suspend, publicly or privately reprimand, or restrict a licensee or otherwise discipline a licensee when it is established to the satisfaction of the board that a licensee has: (1) uttered a false or fraudulent statement or forged a statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements; (2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction; (3) violated a regulation, directive, or order of the board; (4) knowingly performed an act which substantially assists a person to practice counseling, marriage and family therapy, or addiction counseling illegally; (5) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods or practice of a license holder when malice is shown; (6) failed to provide and maintain reasonable sanitary facilities; (7) sustained physical or mental impairment or disability which renders practice dangerous to the public; (8) violated the code of ethics adopted by the board in regulations; (9) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances; (10) used an intentionally false or fraudulent statement in a document connected with the practice of professional counseling, marriage and family therapy, or addiction counseling; (11) been found by the board to lack the professional competence to practice; (12) practiced during the time his license has lapsed or been suspended or revoked; (13) practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation. (B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction. Editor's Note Prior Laws:1985 Act No. 191, SECTION 1; 1991 Act No. 107, SECTION 3; 1976 Code SECTION 40-75-170. Effect of Amendment 2018 Act No. 249, SECTION 7, in (A), in (4), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy", and in (10), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy".
S.C. Code Ann. § 40-30-300 — SC Code / Title 40 / Chapter 30 / Section 40-30-300
SECTION 40-30-300. Privileged communications.
Status: in_force

(A) Every communication, whether oral or written, made by or on behalf of an individual or an establishment, to the director, his designee, or the board, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the individual or establishment, by or on whose behalf the communication is made, except upon proof that the communication was made with malice. (B) Investigations conducted under this chapter are confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action. (C) Nothing in this chapter may be construed to prohibit the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against the respondent. Effect of Amendment The 2013 amendment, in subsection (A), deleted "disciplinary" before "panel"; in subsection (B), substituted "including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against him or her" for "nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law"; and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, in (A), substituted "or an establishment, to the director, his designee, or the board," for "to the director or the panel," and inserted "or establishment" following "the individual"; inserted (B) and redesignated former (B) as (C); and in (C), substituted "the respondent's" for "his or her" and "the respondent" for "him or her", and made a nonsubstantive change.
S.C. Code Ann. § 40-81-60 — SC Code / Title 40 / Chapter 81 / Section 40-81-60
SECTION 40-81-60. Election of chairman and officers; meetings.
Status: in_force

(A) The commission shall annually elect a chairman and other officers the commission may designate. (B) The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and shall do so on petition of a majority of the commission.
S.C. Code Ann. § 40-15-30 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-30
SECTION 40-15-30. Meetings of Board; officers; quorum; minutes.
Status: in_force

The board shall hold at least one annual meeting, which shall be held between the fifteenth day of May and the fifteenth day of July each year. Each year the board shall elect a president and a vice-president from its membership and a secretary who shall not be required to be a dentist. The terms of such offices shall be for one year and until their successors are elected. Special meetings of the board may be called by the president or any three members of the board, at any time, upon giving five days written notice to the members thereof. Written notice may be waived by unanimous consent by the members. A majority of the board shall constitute a quorum for the transaction of all business coming before the board and all proceedings of the board shall be recorded in a permanently bound minute book.
S.C. Code Ann. § 40-82-320 — SC Code / Title 40 / Chapter 82 / Section 40-82-320
SECTION 40-82-320. Manufacturing by-products exempt.
Status: in_force

The provisions of this chapter do not apply to liquefied petroleum gas used as a by-product in the manufacture of a product.
S.C. Code Ann. § 40-45-150 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-150
SECTION 40-45-150. Voluntary surrender of license by licensee being investigated.
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. § 40-3-290 — SC Code / Title 40 / Chapter 3 / Section 40-3-290
SECTION 40-3-290. Exceptions from coverage of chapter.
Status: in_force

(A) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter. (B) Nothing in this chapter prevents or affects the practice of any other legally recognized profession. (C) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for: (1) a building which is to be used for farm purposes only; (2) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area; (3) one-family and two-family dwellings, including townhouses, in compliance with the prescriptive requirements of the South Carolina Residential Code. All other buildings and structures classified for residential occupancies or uses in the South Carolina Building Code that are beyond the scope of the South Carolina Residential Code are not exempt from the provisions of this chapter; (4) alterations to a building to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building. (D) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering. Editor's Note Prior Laws:Civ C. '22 SECTION 2878; 1917 (30) 198; 1922 (32) 823; 1932 Code SECTION 7055; 1942 Code SECTION 7055; 1952 Code SECTION 56-63; 1962 Code SECTION 56-63; 1966 (54) 2161; 1984 Act No. 503, SECTION 1; 1992 Act No. 446, SECTION 11; 1976 Code SECTION 40-3-160. Effect of Amendment 2021 Act No. 54, SECTION 1, in (C), rewrote (3).
S.C. Code Ann. § 40-59-80 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-80
SECTION 40-59-80. Investigation of complaints; initial complaints.
Status: in_force

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. A person, including the commission, may file an initial complaint against a licensee or registrant. The complaint must be in writing and sworn to by the person filing the complaint.
S.C. Code Ann. § 40-29-70 — SC Code / Title 40 / Chapter 29 / Section 40-29-70
SECTION 40-29-70. Equitable remedies.
Status: in_force

In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 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.
S.C. Code Ann. § 40-19-110 — SC Code / Title 40 / Chapter 19 / Section 40-19-110
SECTION 40-19-110. Unprofessional conduct; refusal to issue or renew license; suspension or revocation of license; probation.
Status: in_force

The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes: (1) making misrepresentations or committing fraud while engaging in the practice of funeral service; (2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment. An advertisement must include the physical address of the funeral home, funeral establishment, mortuary, or crematory where the advertised services will be provided. The board shall promulgate regulations establishing additional requirements for advertisements relating to providing funeral services, including Internet advertisements; (3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or an agent, assistant, or employee of a licensee or of any establishment licensed or permitted under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising; (4) employing persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain business for the licensee; (5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment; (6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct; (7) aiding or abetting an unlicensed person to engage in the practice of funeral service; (8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise; (9) refusing to properly release a dead human body to the custody of the person or entity that has the legal right to affect a release. The release must include payment for the actual services provided by the initial funeral home as transferor of the dead human body over to the receiving transferee. The receiving transferee funeral home is responsible for the payment to the transferring funeral home at the time of the transfer of the dead human body; (10) failing to secure a permit for removal or burial of a dead human body before interment or disposal; (11) knowingly making a false statement on a certificate of death; (12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral; (13) discriminating in services because of race, creed, color, or national origin; (14) violating a state or federal law or municipal or county ordinance or regulation concerning funeral establishments or the practice of funeral service; (15) permitting an unlicensed person to engage in the practice of funeral service. (16) an embalmer, funeral director, funeral company, cemetery, or related entity charging a fee for assignment to the embalmer, funeral director, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-668; 1967 (55) 937; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-180. Effect of Amendment 2018 Act No. 135, SECTION 2, in (2), added the second and third sentences, providing requirements for funeral service advertisements. 2024 Act No. 223, SECTION 11, rewrote (9).
S.C. Code Ann. § 40-53-20 — SC Code / Title 40 / Chapter 53 / Section 40-53-20
SECTION 40-53-20. Declaration of purpose; construction.
Status: in_force

It is the purpose of this chapter to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation such as lie detectors, polygraphs, deceptographs, and similar or related devices and instruments without regard to the nomenclature applied thereto. This chapter shall be liberally construed to apply to all such persons and instruments.
S.C. Code Ann. § 40-47-705 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-705
SECTION 40-47-705. Definitions.
Status: in_force

For purposes of this article: (1) "Acupuncture" means a form of health care developed from traditional and modern oriental concepts for health care that employs oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. The practice of acupuncture does not include: (a) osteopathic medicine and osteopathic manipulative treatment; (b) "chiropractic" or "chiropractic practice" as defined in Section 40-9-10; or (c) "physical therapy" as defined in Section 40-45-20 or therapies allowed as part of the practice of physical therapy. (2) "Auricular (ear) detoxification therapy" means the insertion of disposable sterile acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency, detoxification, and substance abuse. (3) "Board" means the State Board of Medical Examiners. (4) "Committee" means the Acupuncture Advisory Committee as established by this article as an advisory committee responsible to the board. (5) "NADA" means the National Acupuncture Detoxification Association. (6) "NCAAOM" means the National Certification Commission for Acupuncture and Oriental Medicine. (7) "ACAOM" means Accreditation Commission for Acupuncture and Oriental Medicine. (8) "Auricular therapy" means the insertion of disposable needles into and limited only to the ear, to treat a limited number of conditions.
S.C. Code Ann. § 40-67-350 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-350
SECTION 40-67-350. 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. § 40-65-20 — SC Code / Title 40 / Chapter 65 / Section 40-65-20
SECTION 40-65-20. Definitions.
Status: in_force

In addition to the definitions provided in Section 40-1-20, as used in this chapter, unless the context or subject matter indicates otherwise: (1) "Department" means the Department of Labor, Licensing and Regulation. (2) "Kind of soil" means a group of natural bodies that has a discrete combination landscape, morphological, chemical, and physical properties. (3) "Practice of soil classifying" and "practice of professional soil classifying" means any service or work, the adequate performance of which requires education in the physical, chemical, biological, and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification, soil classification by accepted principles and methods, investigation, evaluation and consultation on the effect of measured, observed, and inferred soil properties upon various uses, the preparation of soil descriptions, maps and reports and interpretive drawings, maps and reports of soil properties and the effect of soil properties upon various uses, and the effect of various uses upon kinds of soil, any of which embraces this service or work, either public or private, incidental to the practice of soil classifying. A person is construed to practice or offer to practice soil classifying within the meaning and intent of this chapter if the person, by verbal claim, sign, advertisement, letterhead, card or use of some other title, represents himself to be a soil classifier; however, this does not mean or include the practice of soil classifying by persons exempt under the provisions of Section 40-65-40 or the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Notwithstanding the provisions of this paragraph, a person must not be construed to practice soil classifying unless he offers soil classifying services to or performs soil classifying for the public. (4) "Responsible charge" means direct control and personal supervision of soil classification. (5) "Soil" means all of the groups of natural bodies occupying the unconsolidated portion of the earth's surface capable of supporting plant life and having properties due to the combined effect of climate and living organisms, as modified by topography and time, upon parent materials. (6) "Soil classification" means plotting the boundaries and describing and evaluating the kinds of soil as to their behavior and response to management under various uses. (7) "Soil classifier" and "professional soil classifier" means a person who, by reason of his special knowledge of the physical, chemical, and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired by soil education and soil classification experience in the formation, morphology, description, and mapping of soils, is qualified to practice soil classifying, who has been licensed by the Department of Labor, Licensing and Regulation, and who has passed an examination in the fundamental soil and related subjects as provided for in this chapter. (8) "Soil-classifier-in-training" means a person who complies with the requirements for education and character and who has passed an examination in the fundamental soil and related subjects as provided for in this chapter. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.31; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-10.
S.C. Code Ann. § 40-36-620 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-620
SECTION 40-36-620. Date of implementation; withdrawal; 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, must 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) A state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. A rule that has been previously adopted by the commission must have the full force and effect of law on the day the compact becomes law in that state. (C) A member state may withdraw from this compact by enacting a statute repealing the same. The withdrawal of a member state may not: (1) take effect until six months after enactment of the repealing statute; or (2) affect the continuing requirement of the withdrawing state's occupational therapy 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 may be construed to invalidate or prevent any occupational therapy 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 may become effective and binding upon any member state until it is enacted into the laws of all member states.
S.C. Code Ann. § 40-23-305 — SC Code / Title 40 / Chapter 23 / Section 40-23-305
SECTION 40-23-305. Wastewater treatment operator licenses.
Status: in_force

A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined by the treatment group of the public wastewater treatment plant where the operator is employed, as established by the Department of Health and Environmental Control pursuant to Section 48-1-110. The board shall establish in regulations the certification class required for each treatment group of public wastewater treatment plants defined in Section 40-23-20. Editor's Note Prior Laws:2000 Act No. 322, SECTION 7; 2000 Act No. 325, SECTION 6.
S.C. Code Ann. § 40-59-270 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-270
SECTION 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.
Status: in_force

This chapter does not apply to a person licensed under Chapter 11 for the purpose of undertaking the construction, or superintending of construction, of a building or the improvement, reimprovement, or repair of any building. A residential builder who is licensed pursuant to this chapter is not required to be licensed as a general contractor or mechanical contractor under Chapter 11 in order to engage in residential building as defined in Section 40-59-10. A mechanical contractor is exempt from this chapter relating to residential specialty contractors when engaged in contracting in the classification in which he is licensed to perform mechanical contracting. The commission is the exclusive licensing and registration entity for persons who engage solely in residential building and in residential specialty contracting. Editor's Note The reference to Section 40-59-10 contained in this Code section is incorrect; for definitions, see Section 40-59-20.
S.C. Code Ann. § 40-6-280 — SC Code / Title 40 / Chapter 6 / Section 40-6-280
SECTION 40-6-280. "Absolute" auctions.
Status: in_force

It is unlawful to conduct or advertise that an auction is "absolute" if minimum opening bids are required or other conditions are placed on the sale which limit the sale other than to the highest bidder. Editor's Note Prior Laws:1988 Act No. 408, SECTION 2; 1976 Code SECTION 40-6-145.
S.C. Code Ann. § 40-75-310 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-310
SECTION 40-75-310. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable.
S.C. Code Ann. § 40-33-33 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-33
SECTION 40-33-33. Inactive status of certain licenses.
Status: in_force

(A) When a licensed practical nurse becomes licensed as a registered nurse, the person's LPN license must be placed on inactive status. (B) When a registered nurse becomes licensed as an advanced practice registered nurse, the person's RN license must be placed on inactive status. However, an APRN is authorized to practice as a RN while the person's APRN license is in good standing, unless otherwise specifically authorized by the board.
S.C. Code Ann. § 40-11-30 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-30
SECTION 40-11-30. Licensing requirement.
Status: in_force

No entity or individual may practice as a contractor by performing or offering to perform contracting work for which the total cost of construction is greater than ten thousand dollars for general contracting or greater than ten thousand dollars for mechanical contracting without a license issued in accordance with this chapter. Effect of Amendment 2023 Act No. 69, SECTION 3, substituted "ten thousand dollars" for "five thousand dollars" in two places.
S.C. Code Ann. § 40-81-480 — SC Code / Title 40 / Chapter 81 / Section 40-81-480
SECTION 40-81-480. Unlawful events or exhibitions.
Status: in_force

Events or exhibitions in which weapons are used are unlawful in this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished in accordance with the provisions of Section 40-81-200.
S.C. Code Ann. § 40-3-280 — SC Code / Title 40 / Chapter 3 / Section 40-3-280
SECTION 40-3-280. Seal.
Status: in_force

(A) Every architect and firm practicing in this State shall have a seal containing the name, the place of business, and the words "Registered Architect, State of South Carolina" with which they shall seal all drawings, prints, and specifications for use in their profession. (B) The seal of the individual architect in responsible charge, as well as the seal of the firm, must appear on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal. An electronic seal and signature may be used in lieu of an original seal and signature by applicable policy or regulation. Editor's Note Prior Laws:1917 (30) 198; Civ. C. '22 SECTION 2884; 1922 (32) 823; 1932 Code SECTION 7061; 1942 Code SECTION 7061; 1952 Code SECTION 56-60; 1962 Code SECTION 56-60; 1984 Act No. 503, SECTION 1; 1988 Act No. 440, SECTION 5; 1992 Act No. 446, SECTION 6; 1976 Code SECTION 40-3-110.
S.C. Code Ann. § 40-8-75 — SC Code / Title 40 / Chapter 8 / Section 40-8-75
SECTION 40-8-75. Seal.
Status: in_force

The board shall have and use an official seal bearing the name of the board.
S.C. Code Ann. § 40-23-130 — SC Code / Title 40 / Chapter 23 / Section 40-23-130
SECTION 40-23-130. Licensure denial.
Status: in_force

The board may deny licensure to an applicant as provided by Section 40-1-130.
S.C. Code Ann. § 40-13-270 — SC Code / Title 40 / Chapter 13 / Section 40-13-270
SECTION 40-13-270. Reciprocity to nonresidents.
Status: in_force

The board may grant to a resident of another state, the District of Columbia, or any other U.S. territory or commonwealth state full reciprocity with respect to practicing cosmetology, esthetics, or manicuring in this State when the person is properly licensed and registered under the laws of the other state, the District of Columbia, or the U.S. territory or commonwealth state and is otherwise qualified. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-18; 1948 (45) 2079; 1952 Code SECTION 56-467; 1953 (48) 432; 1962 Code SECTION 56-467; 1982 Act No. 388; 1976 Code SECTION 40-13-120.
S.C. Code Ann. § 40-65-70 — SC Code / Title 40 / Chapter 65 / Section 40-65-70
SECTION 40-65-70. Power of department to seek injunctive relief.
Status: in_force

In addition to the powers provided for in Chapter 1, the department may apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain any violation of this chapter. In these proceedings it is not necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation. The director, employees, or agents of the department may not be held personally liable for bringing an action pursuant to this section. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.37; 1974 (58) 2828; 1993 Act No. 181, SECTION 946. SECTION 40-65-80. Investigative procedures; who may file complaint Investigations must be conducted in accordance with Section 40-1-80. Any person may file a complaint, which must be in writing, alleging fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against a licensee or a person holding a certification.
S.C. Code Ann. § 40-30-80 — SC Code / Title 40 / Chapter 30 / Section 40-30-80
SECTION 40-30-80. Fees.
Status: in_force

The department shall charge and collect the following fees: (1) massage therapist initial license application fee, not to exceed one hundred fifty dollars; (2) massage therapist endorsement application fee, not to exceed two hundred dollars; (3) biennial massage therapist licensure renewal fee, not to exceed seventy-five dollars; (4) reinstatement application fee from lapsed status of a massage therapist license, not to exceed two hundred ten dollars; (5) renewal fee for inactive status of a massage therapist license, not to exceed one hundred fifty dollars; (6) continuing education course provider fee, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars; (7) massage therapy establishment initial license application fee for each location, not to exceed one hundred fifty dollars; (8) biennial massage therapy establishment license renewal fee for each location, not to exceed one hundred dollars; (9) massage therapy establishment license reinstatement fee from lapsed status for each location, not to exceed two hundred fifty dollars; (10) sole practitioner establishment initial license application fee, not to exceed seventy-five dollars; (11) biennial sole practitioner establishment license renewal fee, not to exceed fifty dollars; and (12) sole practitioner establishment license reinstatement fee from lapsed status, not to exceed one hundred fifty dollars. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-6-170 — SC Code / Title 40 / Chapter 6 / Section 40-6-170
SECTION 40-6-170. 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. § 40-57-20 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-20
SECTION 40-57-20. Valid Licensure Requirement for Real Estate Brokers, Salespersons, and Property Managers.
Status: in_force

It is unlawful for an individual to act as a real estate broker, real estate associate, or real estate property manager or to advertise or provide services as such without an active, valid license issued by the commission. Editor's Note Prior Laws:1956 (49) 2046; 1957 (50) 56, 220; 1958 (50) 1870; 1962 Code SECTION 56-1545; 1967 (55) 652; 1986 Act No. 353, SECTION 2; 1991 Act No. 12, SECTION 4; 1994 Act No. 385, SECTION 2. Effect of Amendment 2016 Act No. 170, SECTION 1, substituted "salesperson" for "salesman", inserted "or provide services" and "an active,", and substituted "commission" for "department". 2024 Act No. 204, SECTION 3, substituted "associate" for "salesperson".
S.C. Code Ann. § 40-56-30 — SC Code / Title 40 / Chapter 56 / Section 40-56-30
SECTION 40-56-30. Noncompliance with chapter unlawful.
Status: in_force

It is unlawful for a person to engage in the manufacturing, storage, or sale of pyrotechnics unless in compliance with this chapter.
S.C. Code Ann. § 40-59-860 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-860
SECTION 40-59-860. Claims for personal injury or death; designation for stay on Civil Action Cover Sheet.
Status: in_force

(A) Nothing in this article applies to actions arising out of claims for personal injury or death, or both. (B) Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a stay has been granted for a civil action filed pursuant to the South Carolina Notice and Opportunity to Cure Construction Defects Act. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
S.C. Code Ann. § 40-56-190 — SC Code / Title 40 / Chapter 56 / Section 40-56-190
SECTION 40-56-190. Confidentiality of investigations and proceedings.
Status: in_force

Investigations and proceedings conducted under the provisions of this chapter are confidential, and all communications are privileged as provided for in Chapter 1.
S.C. Code Ann. § 40-80-30 — SC Code / Title 40 / Chapter 80 / Section 40-80-30
SECTION 40-80-30. Registration, maintenance, and availability of information.
Status: in_force

(A) No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by his fire chief or other employer. The criminal background check required by Section 40-80-20 must be conducted before registration. (B) The Office of the State Fire Marshal must maintain a file on each registered firefighter in this State, that includes all information required to be kept by this chapter, and must assign a firefighter identification number to each registered firefighter which corresponds with the firefighter's social security number. (C) Upon request the information in the file of an individual firefighter may be released in its entirety to a potential employer as defined in this chapter and may be used as a basis for employment. The requesting department or employer must maintain this information in a confidential manner. (D) Any registered firefighter may at any time request and obtain a copy of his file. An unofficial version of a firefighter's file is available at no cost by way of secured web addresses. The fee for an official copy of a firefighter's transcript is three dollars payable to the Office of State Fire Marshal. The fee for a reprinted certificate is five dollars payable to the Office of State Fire Marshal. Effect of Amendment 2022 Act No. 170, SECTION 11, rewrote (D).
S.C. Code Ann. § 40-47-990 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-990
SECTION 40-47-990. Identification as PA; badge size and content.
Status: in_force

A PA must clearly identify himself as a PA to ensure that the PA is not mistaken or misrepresented as a physician. A PA shall wear a clearly legible identification badge or other adornment of at least one inch by three inches in size bearing the PA's name and the words "Physician Assistant", "PA-C", or "PA". Effect of Amendment 2019 Act No. 32, SECTION 2, substituted "PA" for "physician assistant" throughout; in the first sentence, deleted "or herself" following "identify himself"; and in the second sentence, substituted "PA's name and the words 'Physician Assistant', 'PA-C', or 'PA'" for "physician assistant's name and the words 'Physician Assistant'".
S.C. Code Ann. § 40-63-130 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-130
SECTION 40-63-130. Licensure denial; grounds.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-79-40 — SC Code / Title 40 / Chapter 79 / Section 40-79-40
SECTION 40-79-40. Nomination of board members from general public.
Status: in_force

Board members from the general public may be nominated by an individual, group or association, and must be appointed by the Governor in accordance with Section 40-1-45.
S.C. Code Ann. § 40-75-970 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-970
SECTION 40-75-970. Compact privilege to practice telehealth.
Status: in_force

(A) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 40-75-930 and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission. (B) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
S.C. Code Ann. § 40-11-340 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-340
SECTION 40-11-340. Qualifications for acting as sole prime contractor.
Status: in_force

An entity licensed under the classifications or subclassifications in Sections 40-11-410(1), (2), or (3) may act as a sole prime contractor on a project if forty percent or more of the work as measured by the total cost of construction falls under one or more of the licensee's license classifications or subclassifications. An entity licensed under the classifications or subclassifications in Section 40-11-410(4) and (5) may act as sole prime contractor if fifty-one percent or more of the work falls under one or more of the licensee's license classifications or subclassifications.
S.C. Code Ann. § 40-15-210 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-210
SECTION 40-15-210. Appeal from suspension or revocation.
Status: in_force

The person whose license or registration certificate has been suspended or revoked may, within thirty days, appeal from the action of the board in suspending or revoking the same to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The board shall certify to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for its consideration a record of the hearing before the board.
S.C. Code Ann. § 40-11-140 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-140
SECTION 40-11-140. Prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided in Section 40-1-150.
S.C. Code Ann. § 40-49-350 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-350
SECTION 40-49-350. Territorial extent of licenses.
Status: in_force

No certificate issued under the provisions of this article shall authorize the holder thereof to engage in the business of installing sanitary plumbing or to install sanitary plumbing in any city or town in the county having a population of fifteen thousand inhabitants or more as fixed by the then most recent Federal census. No person holding only a certificate granted by a board of plumbing examiners created under SECTION 40-49-290 may engage in the business of installing sanitary plumbing or install sanitary plumbing outside of the territory comprised within the municipality or the incorporated community or water, sewer or public service district whose governing board created the board which granted such certificate.
S.C. Code Ann. § 40-47-1570 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1570
SECTION 40-47-1570. Administration of registration program; registry maintenance and availability; promulgation of regulations.
Status: in_force

(A) The department is responsible for all administrative activities of the registration program. The department shall employ and supervise personnel necessary to effectuate the provisions of this article and shall establish fees sufficient, but not excessive, to cover expenses including direct and indirect costs to the State for the operations of this registration program. Fees must be adjusted as required by Title 40, Chapter 1. (B) The department shall maintain a registry of all applications for registration and of all persons holding registration and shall make the roster of registered cardiovascular invasive specialists available on the department web site. (C) The Board of Medical Examiners may promulgate regulations as necessary to effectuate this chapter.
S.C. Code Ann. § 40-55-90 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-90
SECTION 40-55-90. Exemptions.
Status: in_force

(A) This chapter does not require these persons to obtain a license pursuant to this chapter: (1) a licensed member of another profession who is regulated by the Department of Labor, Licensing and Regulation and who is rendering services of a psychological nature, if the person: (a) is acting within the scope of practice, as set out by the law regulating the practice; (b) acts in a manner consistent with the code of ethics of the respective profession; and (c) does not represent himself to be a psychologist or his services to be psychological; (2) a member of the clergy of an organized religious society or denomination functioning in a ministerial capacity, if the person does not represent himself to be a psychologist or his services to be psychological; (3) a matriculated intern or student, enrolled in a recognized training program engaging in activities defined as the practice of psychology if the intern or student does not represent himself by the title of "psychologist"; however, the intern or student may refer to himself as "psychology-trainee", "psychology-intern", or "psychology-resident", if performing activities under the supervision of a psychologist licensed in this State, in accordance with regulations promulgated by the board; (4) an individual pursuing board approved postdoctoral training or experience in professional psychology who is performing appropriately supervised activities; (5) a person certified as a school psychologist by the South Carolina Department of Education if the person's practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education and as specified by the terms of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (6) a person certified as a school psychologist by the South Carolina Department of Education who provides contract services of a psychological nature to public schools or private schools or any federal or state agency as authorized by the certification. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (7) a person certified as a school guidance counselor or social worker by the South Carolina Department of Education who provides counseling services or school social work services consistent with the person's certification and training and as specified by the terms of employment. Such practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (8) a person employed by a private school as a guidance counselor or social worker who provides services consistent with the person's training. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (9) a government employee of this State or a federal government employee providing services of a psychological nature within the scope of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (10) an Office of Substance Use Services employee who: (a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor; (b) is employed in a position that is directly or indirectly funded through the Office of Substance Use Services or its local contract providers; and (c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter; (11) a college student personnel counselor in an accredited college or university performing services consistent with the person's training and occupational role in the institution. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (12) an individual including, but not limited to, an educator, day care provider, hospital worker, member of a police or fire department, or other community worker providing, within the person's normal scope of employment, emotional support, guidance, nurturance, or crisis management intervention to persons in need; (13) a person employed by any entity whose professional employment is funded through an agency of the State and who provides services of a psychological nature within the scope of employment if the person does not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter; (14) a registered nurse. (B) Nothing in this chapter is intended to prevent an individual from providing, on a voluntary basis, emotional support, nurturance, or crisis management intervention to persons in need. (C) This chapter is for the regulation of the practice of psychology only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note In subsection (A)(10)(a), the reference to the "South Carolina Association of Alcohol and Drug Abuse Counselors" refers to the "Addiction Professionals of South Carolina".
S.C. Code Ann. § 40-15-50 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-50
SECTION 40-15-50. Bond and salary of Executive Director; per diem and mileage for board members; disposition of monies received by board; transfer of excess funds.
Status: in_force

The executive director must be bonded in an amount as the Director of the Department of Labor, Licensing, and Regulation may fix for the faithful discharge of his duties as custodian of the monies paid to the board. He shall receive the salary as appropriated by the Director of the Department of Labor, Licensing, and Regulation. Each of the board members shall receive for each day actually engaged in the duties of his office per diem, mileage, and subsistence at the rate established by law for boards, commissions, and committees. All fees received by the board become the property of the state general fund and must be deposited to the account of the State Treasurer. The expenditures of the board must be from state appropriations. All fines must be deposited into a special account to be held by the State Treasurer for the purpose of the payment of administrative costs upon the approval of the Department of Administration. At any time the balance in the special account exceeds twenty thousand dollars, all funds in excess of that amount must be remitted to the general fund. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 40-27-150 — SC Code / Title 40 / Chapter 27 / Article 3 / Section 40-27-150
SECTION 40-27-150. Collection of delinquent license fees.
Status: in_force

In the case of any such motor vehicle junk yard for which no license fee has been paid on or before July first of the preceding year, the county treasurer shall issue his execution to the sheriff for the collection of the license fee due hereunder, together with the same costs and penalties as are provided by law in the case of county taxes, and the sheriff shall enforce such execution and collect it in the manner provided by law for the collection of executions for county taxes.
S.C. Code Ann. § 40-75-560 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-560
SECTION 40-75-560. Use of Licensed Psycho-educational Specialist title.
Status: in_force

(A) A person licensed pursuant to this article may use the title "Licensed Psycho-educational Specialist" and the letters "LPES" following his or her name. (B) It is unlawful for a person who is not licensed in accordance with this article to use the title "Licensed Psycho-educational Specialist". (C) A licensee shall display his or her license in a prominent place at each place of practice.
S.C. Code Ann. § 40-49-110 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-110
SECTION 40-49-110. Article not applicable to plumbers licensed prior to 1927.
Status: in_force

The provisions of this article shall not apply to any licensed plumber who has been issued a license prior to April 4, 1927.
S.C. Code Ann. § 40-25-120 — SC Code / Title 40 / Chapter 25 / Section 40-25-120
SECTION 40-25-120. Temporary permits.
Status: in_force

(A) A person who fulfills the requirements regarding age and education in Section 40-25-110 may obtain a temporary permit upon application to the department. Previous experience or a waiting period is not required to obtain a temporary permit. (B) Upon receiving an application under this section accompanied by a fee set by the department through regulation, the department shall issue a temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for one year. A person holding a valid hearing aid specialist license shall supervise and train the applicant, maintain adequate personal contact, and make quarterly reports to the department about the performance of the person holding the temporary permit. (C) If a person who holds a temporary permit under this section has not passed successfully the licensing examination within one year from the date of issuance, the temporary permit, may be renewed or the applicant may be permitted to reapply at a later date.
S.C. Code Ann. § 40-38-200 — SC Code / Title 40 / Chapter 38 / Section 40-38-200
SECTION 40-38-200. Violations; penalty.
Status: in_force

A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Each violation constitutes a separate offense. Penalties provided for in this chapter or in Article 1, Chapter 1, Title 40 may be imposed against a corporation, association, or person aiding and abetting in a violation. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-250.
S.C. Code Ann. § 40-2-590 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-590
SECTION 40-2-590. Violations; penalty.
Status: in_force

A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars or more than two hundred dollars or imprisoned not less than twenty days or more than sixty days. Each violation constitutes a separate offense and each day's violation constitutes a separate offense. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-59-850 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-850
SECTION 40-59-850. Contractor's election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor's offer; admissibility.
Status: in_force

(A) The contractor or subcontractor has thirty days from service of the notice to inspect, offer to remedy, offer to settle with the claimant, or deny the claim regarding the defects. The claimant shall receive written notice of the contractor's or subcontractor's, as applicable, election under this section. The claimant shall allow inspection of the construction defect at an agreeable time to both parties, if requested under this section. The claimant shall give the contractor and any subcontractors reasonable access to the dwelling for inspection and if repairs have been agreed to by the parties, reasonable access to affect repairs. Failure to respond within thirty days is deemed a denial of the claim. (B) The claimant shall serve a response to the contractor's offer, if any, within ten days of receipt of the offer. (C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with a civil action or other remedy provided by contract or by law. (D) Any offers of settlement, repair, or remedy pursuant to this section, are not admissible in an action. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
S.C. Code Ann. § 40-43-180 — SC Code / Title 40 / Chapter 43 / Section 40-43-180
SECTION 40-43-180. Construction of chapter; third party payors not required to provide service or pay for services provided for in this chapter.
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.
S.C. Code Ann. § 40-37-20 — SC Code / Title 40 / Chapter 37 / Section 40-37-20
SECTION 40-37-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the South Carolina Board of Examiners in Optometry; (2) "Contact lens" means any device placed in contact with the eye for the purpose of correcting vision, therapy, or cosmetic alteration; (3) "Direct supervision" means supervision provided by a licensed optometrist who must: (a) be present in the department or facility where the supervisee is performing services; (b) be immediately available to assist the supervisee in the services being performed; and (c) maintain continued involvement in appropriate aspects of each treatment; (4) "Optical supplies" include, but are not limited to, contact lenses, ophthalmic lenses, ophthalmic frames; (5) "Basic certified optometrist" means an optometrist without education or training in the use of pharmaceutical agents and licensed to practice optometry without the use of pharmaceutical agents; (6) "Diagnostic certified optometrist" means an optometrist educated and trained in the use of pharmaceutical agents for diagnostic purposes only and licensed to practice optometry in conjunction with the use of pharmaceutical agents for diagnostic purposes only; (7) "Therapeutic certified optometrist" means an optometrist educated and trained in the use of pharmacological agents for diagnostic and therapeutic purposes and licensed to practice optometry with the use of pharmacological agents for diagnostic and therapeutic purposes. (8) "Operator" means the licensed optometrist, optometric practice, or organization engaged in providing optometric services directly or through persons authorized by law to provide the services. (9) "Community foundation" means an organization, lawfully organized and in good standing, that typically focuses on supporting a geographical area by addressing community needs and supporting local nonprofits. Effect of Amendment 2022 Act No. 165, SECTION 1, added (8). 2024 Act No. 140, SECTION 1, added (9).
S.C. Code Ann. § 40-60-100 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-100
SECTION 40-60-100. Restraining orders and cease and desist orders.
Status: in_force

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
S.C. Code Ann. § 40-23-60 — SC Code / Title 40 / Chapter 23 / Section 40-23-60
SECTION 40-23-60. Conducting election of officers and board meetings; rules and regulations promulgation.
Status: in_force

The board shall conduct election of officers and board meetings as provided by Section 40-1-60. The board may adopt rules governing its proceedings and internal operations and may promulgate regulations and adopt standards as necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 40-47-750 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-750
SECTION 40-47-750. Auricular therapy defined; supervision.
Status: in_force

Auricular therapy may take place under the supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular therapist is strictly limited to inserting needles into the ear. Inserting needles anywhere else on the body is considered practicing acupuncture without a license.
S.C. Code Ann. § 40-60-520 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-520
SECTION 40-60-520. Denial of registration; prior criminal conviction.
Status: in_force

A registration obtained pursuant to this chapter may not be denied solely because of a prior criminal conviction unless the criminal conviction directly relates to the profession or occupation. 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. § 40-7-100 — SC Code / Title 40 / Chapter 7 / Section 40-7-100
SECTION 40-7-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 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.
S.C. Code Ann. § 40-7-390 — SC Code / Title 40 / Chapter 7 / Section 40-7-390
SECTION 40-7-390. Persons exempt from chapter.
Status: in_force

These persons are exempt from this chapter while engaged in the proper discharge of their professional duties: (1) persons authorized under the laws of this State to practice medicine and surgery; (2) commissioned medical or surgical officers of the United States Army, Navy, or Marine hospital service; (3) registered nurses; (4) students in schools, colleges, and universities who practice barbering only upon students in the school, college, or university premises for the purpose of earning part of their school expenses; (5) undertakers; (6) persons authorized by state law to practice cosmetology only when they are practicing in salons or schools of cosmetology.
S.C. Code Ann. § 40-47-1510 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1510
SECTION 40-47-1510. Citation of article.
Status: in_force

This article may be cited as the "South Carolina Registered Cardiovascular Invasive Specialist Act".
S.C. Code Ann. § 40-81-250 — SC Code / Title 40 / Chapter 81 / Section 40-81-250
SECTION 40-81-250. Boxing events or exhibitions; compliance with federal law.
Status: in_force

(A) In addition to the requirements of this chapter, all boxing events or exhibitions must be conducted in accordance with all applicable federal statutes and regulations including, but not limited to, 15 U.S.C. Section 6301 et seq. (B) No boxing bout shall be more than twelve rounds in length.
S.C. Code Ann. § 40-81-320 — SC Code / Title 40 / Chapter 81 / Section 40-81-320
SECTION 40-81-320. Licensure as a second.
Status: in_force

In order to be licensed as a second, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-77-130 — SC Code / Title 40 / Chapter 77 / Section 40-77-130
SECTION 40-77-130. Denial of license; grounds same as for disciplinary actions.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-33-5 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-5
SECTION 40-33-5. Application of Chapter 1, Article 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to the profession of nursing. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-47-1275 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1275
SECTION 40-47-1275. Termination of sponsoring relationship between anesthesiologist and assistant.
Status: in_force

If the sponsoring relationship between an anesthesiologist's assistant and the sponsoring anesthesiologist is terminated for any reason, both the anesthesiologist's assistant and the sponsoring anesthesiologist shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until a new application is submitted by a sponsoring anesthesiologist and is approved by the board.
S.C. Code Ann. § 40-2-610 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-610
SECTION 40-2-610. Disclaimer.
Status: in_force

An accounting practitioner or firm of accounting practitioners is permitted to associate his or the firm's name with compiled financial statements as defined by SSARS, provided that a disclaimer is used that complies with the most recent version of SSARS and that a statement in the report provides: "I / we have not audited or reviewed the accompanying financial statements, and I am / we are prohibited by law from expressing an opinion on them". Effect of Amendment 2019 Act No. 68, SECTION 8, rewrote the section, removing the existing boilerplate language required and instead providing that such disclaimers must comply with certain national standards. 2022 Act No. 174, SECTION 1, substituted "SSARS, provided that a disclaimer is used that complies with the most recent version of SSARS and that" for "Professional Standards for Accounting and Review Services, provided a disclaimer is used that complies with the most recent version of the statement on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants and" and made nonsubstantive changes to the statement.
S.C. Code Ann. § 40-75-170 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-170
SECTION 40-75-170. Payment of investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or a regulation 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. § 40-51-65 — SC Code / Title 40 / Chapter 51 / Section 40-51-65
SECTION 40-51-65. License required to practice; examination; qualifications; temporary license.
Status: in_force

It is unlawful for any person to practice podiatric medicine in this State without obtaining first a license from the board. The board shall conduct an examination of any applicant who submits satisfactory evidence that he has: (a) received four years of high school training; (b) completed at least three years of pre-podiatry training at a recognized college; (c) received a diploma or certificate of graduation from a recognized college of podiatric medicine which has been accredited by the Council on Podiatric Medical Education.
S.C. Code Ann. § 40-59-840 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-840
SECTION 40-59-840. Notice of claim; timing; contents; request for clarification.
Status: in_force

(A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following: (1) a statement that the claimant asserts a construction defect; (2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and (3) a description of any results of the defect, if known. The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
S.C. Code Ann. § 40-38-290 — SC Code / Title 40 / Chapter 38 / Section 40-38-290
SECTION 40-38-290. Dispensing of spectacles to public from manufacturing or warehouse locations prohibited.
Status: in_force

It is unlawful for an ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-190.
S.C. Code Ann. § 40-85-70 — SC Code / Title 40 / Chapter 85 / Section 40-85-70
SECTION 40-85-70. 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 including, but not limited to, promulgation of regulations for the practice of genetic counseling, and establishing disciplinary procedures.
S.C. Code Ann. § 40-47-935 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-935
SECTION 40-47-935. Acts and duties PAs authorized to perform; agency relationship to supervising physician.
Status: in_force

(A) PAs may perform: (1) medical acts, tasks, or functions within written scope of practice guidelines under physician supervision; (2) those duties and responsibilities, including the prescribing and dispensing of drugs and medical devices, that are lawfully delegated by their supervising physicians; provided, however, only PAs holding a permanent license may prescribe drug therapy as provided in this article; and (3) telemedicine and telehealth in accordance with the requirements of Section 40-47-37 including, but not limited to, Section 40-47-37(C)(6) requiring board authorization prior to prescribing Schedule II and Schedule III prescriptions; Section 40-47-113, approved written scope of practice guidelines, and pursuant to all physician supervisory requirements imposed by this chapter without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4). (B) Notwithstanding any provisions of state law other than this chapter, and to the extent permitted by federal law, a PA may perform the following medical acts unless otherwise provided in the scope of practice guidelines: (1) provide noncontrolled prescription drugs at an entity that provides free medical care for indigent patients; (2) certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital; (3) refer a patient to physical therapy for treatment; (4) pronounce death, certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32; (5) issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44; (6) certify that an individual is handicapped and declare that the handicap is temporary or permanent for the purposes of the individual's application for a placard; (7) execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44; and (8) issue an order for home health services pursuant to the provisions of Chapter 69, Title 44. (C) Deleted; (D) A PA is an agent of his supervising physician in the performance of all practice-related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services. (E) A PA may sign specified documents on behalf of the supervising physician or alternate supervising physician if authorized in the scope of practice guidelines. Effect of Amendment 2018 Act No. 234, SECTION 7, inserted the (A) and (B) designators; in (A), inserted (3), including telemedicine as a task physician assistants are authorized to perform; and made nonsubstantive changes. 2019 Act No. 32, SECTION 2, in (A), substituted "PAs" for "physician assistants" in two places, and made nonsubstantive changes; inserted (B) and (C), and redesignated (B) as (D); in (D), substituted "A PA" for "A physician assistant", deleted "or her" following "of his", and made nonsubstantive changes; and added (E). 2021 Act No. 55, SECTION 2, in (B), added (8), and made nonsubstantive changes. 2022 Act No. 171, SECTION 6, deleted (C), which related to provisions concerning the delegation by physicians assistants of certain tasks to unlicensed assistive personnel. 2024 Act No. 120, SECTION 6, in (A)(3), inserted "and telehealth" and "without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4)".
S.C. Code Ann. § 40-36-230 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-230
SECTION 40-36-230. Applications for licensure as occupational therapist or assistant; license requirements.
Status: in_force

(A)(1) An applicant for licensure as an occupational therapist shall file a written application on forms provided by the board showing to the satisfaction of the board that the applicant: (a) has graduated from an occupational therapy educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy or other educational program which the board considers to be substantially equivalent; (b) has completed successfully a minimum of six months of supervised field work experience at an educational institution approved by the educational institution where the applicant met the academic requirements; (c) has passed a board approved certification exam for the occupational therapist; and (d) is in good standing with NBCOT or other board approved certification program. (2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an initial compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department 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. The results of this criminal records check must not be shared outside the department. (B)(1) An applicant for licensure as an occupational therapy assistant shall file a written application on a form approved by the board showing to the satisfaction of the board that the applicant: (a) has graduated from an occupational therapy assistant educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy or other educational program which the board considers to be substantially equivalent; (b) has completed successfully a minimum of two months of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where the applicant met the academic requirements; (c) has passed a board approved certification exam for the occupational therapy assistant; and (d) is in good standing with NBCOT or other board approved certification program. (2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department 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. The results of this criminal records check must not be shared outside the department. Effect of Amendment 2022 Act No. 158, SECTION 2, redesignated (A) as (A)(1) and (1) to (4) as (a) to (d) and inserted (2); and redesignated (B) as (B)(1) and (1) to (4) as (a) to (d) and inserted (2).
S.C. Code Ann. § 40-22-110 — SC Code / Title 40 / Chapter 22 / Section 40-22-110
SECTION 40-22-110. Penalties; grounds.
Status: in_force

(A) The board may seek administrative fines, pursuant to Section 40-1-120 or seek criminal penalties against a person or firm found guilty of unlicensed practice of engineering or surveying. In addition to the grounds provided for in Section 40-1-110, the board may cancel, suspend, refuse, revoke, or restrict a license as well as reprimand, fine, or require re-examination of an individual who is found guilty of: (1) the practice of fraud or deceit in applying for or obtaining a certificate of registration; (2) gross negligence, incompetency, or misconduct in the practice of engineering or surveying; (3) a felony or misdemeanor which, in the judgment of the board, adversely affects the registrant's ability to perform satisfactorily within the licensed discipline; (4) aiding or abetting any person in violation of a provision of this chapter or a regulation promulgated pursuant to this chapter; (5) a violation of this chapter or a regulation promulgated by the board; and (6) practicing in a registration category or tier for which the licensee has not been licensed by the board. (B) The license of a person adjudged mentally incompetent is considered automatically suspended until the person is adjudged as being restored to mental competency by a court of competent jurisdiction or in any other manner provided by law. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1993 Act No. 185, SECTION 7; 1976 Code SECTION 40-22-390. Effect of Amendment 2016 Act No. 259, SECTION 7, substituted "considered automatically suspended" for "deemed automatically suspended upon the adjudication".
S.C. Code Ann. § 40-36-530 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-530
SECTION 40-36-530. State participation in the compact.
Status: in_force

(A) To participate in the compact, a member state shall: (1) license occupational therapists and occupational therapy assistants; (2) participate fully in the commission's data system including, but not limited to, using the commission's unique identifier as defined in rules of the commission; (3) have a mechanism in place for receiving and investigating complaints about licensees; (4) notify the commission, in compliance with the terms of the compact and rules, of an adverse action or the availability of investigative information regarding a licensee; (5) implement or use procedures for considering the criminal history records of applicants for an initial compact privilege, provided these procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records, and: (a) within a period established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions; and (b) ensure communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact may not include information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544; (6) comply with the rules of the commission; (7) use only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and (8) have continuing competence/education requirements as a condition for license renewal. (B) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules. (C) A member state may charge a fee for granting a compact privilege. (D) A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings. (E) An individual not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state. (F) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
S.C. Code Ann. § 40-43-230 — SC Code / Title 40 / Chapter 43 / Section 40-43-230
SECTION 40-43-230. Pharmacists permitted to dispense self-administered hormonal contraceptives in certain circumstances.
Status: in_force

(A) A person licensed under the South Carolina Pharmacy Practice Act who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is permitted by this State may dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive pursuant to a standing order by a prescriber to a patient who is: (1) eighteen years of age or older; or (2) under eighteen years of age if the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive or an injectable hormonal contraceptive. (B) Nothing in this section requires a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive. Nothing in this article shall be construed to amend a pharmacist's duties to dispense or otherwise provide contraception prescribed by another provider. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-68-10 — SC Code / Title 40 / Chapter 68 / Section 40-68-10
SECTION 40-68-10. Definitions.
Status: in_force

As used in this chapter: (1) "Applicant" means a business seeking to be licensed under this chapter or seeking the renewal of a license under this chapter. (2) "Client company" means a person that contracts with a licensee and is assigned employees by the licensee under that contract. (3) "Administrator" means the administrator of the Department of Consumer Affairs. (4) "Controlling person" means: (a) an officer or director of a corporation seeking to offer professional employer services, a shareholder holding ten percent or more of the voting stock of a corporation seeking to offer professional employer services, or a partner of a partnership seeking to offer professional employer services; (b) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of a company seeking to offer professional employer services through the ownership of voting securities, by contract or otherwise, and who is actively involved in the day-to-day management of the company; or (c) an individual employed, appointed, or authorized by a business seeking to offer professional employer services to enter into a contractual relationship with a client company on behalf of the business. (5) "Department" means the South Carolina Department of Consumer Affairs. (6) "Insured health benefit plan", for the purposes of this chapter, means a plan offered by an insurer licensed by the Department of Insurance. (7) "Licensee" means a person licensed under this chapter as a professional employer organization to provide professional employer services. The term includes a professional employer services group licensed under Section 40-68-80. (8) "Person" means an individual, association, corporation, partnership, or other private legal entity. (9) "Professional employer services" means an arrangement by which employees of a licensee are assigned to work at a client company and in which employment responsibilities are shared by the licensee and the client company. The employee's assignment is intended to be of a long-term or continuing nature, rather than temporary or seasonal in nature, and a majority of the work force at a client company worksite or a specialized group within that work force consists of assigned employees of the licensee. Professional employer services does not include temporary employees. (10) "Professional employer organization" means an individual business entity that offers professional employer services. (11) "Professional employer organization group" means a combination of professional employer services companies that operates under a group license issued under Section 40-68-80. (12) "Assigned employee" means a person performing services for a client company as affected by a contract between a licensee and client company in which employment responsibilities are shared. (13) "Entire work force" means all persons engaged by a client company and are employees as defined in Title 42 including persons considered employees under Sections 42-1-400, 42-1-410, and 42-1-420.
S.C. Code Ann. § 40-61-10 — SC Code / Title 40 / Chapter 61 / Section 40-61-10
SECTION 40-61-10. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the South Carolina State Board of Examiners for Registered Environmental Sanitarians. (2) "Environmental sanitarian" means a person trained and qualified to carry out educational, inspectional, and supervisory duties in environmental health and control programs and who is registered. (3) "Environmental health and control programs" means programs for achieving and maintaining conditions to insure an environment that is conducive to health, comfort, safety, and well-being and provides adequate protection to the public. (4) "Certificate of registration" means a serially numbered document issued by the board certifying that the person named therein has been duly registered by the board as a registered sanitarian, containing the name of the person registered and the date of registration, and authenticated by the signatures as determined by the board.
S.C. Code Ann. § 40-15-82 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-82
SECTION 40-15-82. Procedures prohibited from delegation to dental hygienists.
Status: in_force

The following functions and procedures must not be delegated to dental hygienists: (1) dental examinations, dental diagnoses, and dental treatment planning; (2) cutting or performing surgical procedures on hard and soft tissues; (3) performing restorative, prosthetic, and orthodontic procedures and other procedures that require professional education and skill of the dentist; (4) performing any intra-oral procedure that would affect the function or efficiency of an appliance which, when worn by the patient, would come in direct contact with hard or soft tissue; (5) placing and carving permanent type restorations in or on teeth; (6) making impressions and jaw relation records, other than study casts and opposing casts, that will be issued for construction of dental appliances, other than bleaching trays; (7) making any and all corrections of malformation of teeth or the jaws; (8) making decisions concerning drugs and their dosages and writing prescriptions or work authorizations, except pursuant to standing orders; (9) administering general anesthesia or nitrous oxide analgesia; (10) administering local anesthesia other than under direct supervision.
S.C. Code Ann. § 40-36-70 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-70
SECTION 40-36-70. Board regulation of licensing and discipline; additional powers and duties.
Status: in_force

The board shall regulate the issuance of licenses and temporary licenses and shall discipline occupational therapists or occupational therapy assistants in any manner authorized by this chapter or Article 1, Chapter 1. In addition, the board has those powers and duties provided for in this chapter and as set forth in Section 40-1-70.
S.C. Code Ann. § 40-27-160 — SC Code / Title 40 / Chapter 27 / Article 3 / Section 40-27-160
SECTION 40-27-160. Notice to magistrate of nonpayment of license fee.
Status: in_force

When the county treasurer shall issue his execution to the sheriff under the provisions of SECTION 40-27-150, he shall also notify the magistrate having jurisdiction over the territory in which such junk yard shall lie that the license fee herein imposed has not been paid by the person operating such junk yard and such magistrate shall institute proceedings under SECTION 40-27-170 for the enforcement of the provisions of this article.
S.C. Code Ann. § 40-81-80 — SC Code / Title 40 / Chapter 81 / Section 40-81-80
SECTION 40-81-80. Investigations.
Status: in_force

The department shall investigate complaints and conduct inspections of alleged violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-37-280 — SC Code / Title 40 / Chapter 37 / Section 40-37-280
SECTION 40-37-280. Use of license by unlicensed person; delegation of tasks to supervised assistants.
Status: in_force

(A) It is unlawful for a licensee to permit his or her license to be used by any unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct business under the rights and privileges conferred upon another licensed person. (B) Notwithstanding any other provision of law, an optometrist may delegate tasks to assistants working under his or her direct supervision. However, under no circumstances may an assistant be allowed to make a refraction for eyeglasses or prescribe contact lenses. Nothing in this section precludes an optometrist who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences. Nothing in this section may be construed to interfere with the operation of offices in accordance with Section 40-37-325.