S.C. Code Ann. § 40-51-67 — SC Code / Title 40 / Chapter 51 / Section 40-51-67
SECTION 40-51-67. Joint Podiatric Surgery Advisory Committee.
Status: in_force

(A) There is established the Joint Podiatric Surgery Advisory Committee as a committee of the Board of Podiatry Examiners. The purpose of the advisory committee is to assist the board in matters pertaining to podiatrists who perform surgical procedures of the ankle and related soft tissue structures. (B) The advisory committee is to be composed of five members as follows: (1) two orthopedic surgeons appointed by the Board of Medical Examiners, at least one of whom must be a foot and ankle specialist; (2) two podiatrists appointed by the Board of Podiatry Examiners, both of whom must be RRA certified or qualified; (3) one lay person appointed by the Governor. (C) The orthopedic surgeons and podiatrists serving on the advisory committee must be licensed in good standing in this State and must be actively practicing within the geographic boundaries of this State. (D) Members of the advisory committee are appointed for terms of four years and until their successors are appointed and qualify. (E) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The Board of Podiatry Examiners, after notice and opportunity for hearing, may remove any member of the advisory committee, except for the lay person appointed by the Governor, for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. No member may serve more than two full four-year terms consecutively but may be eligible for reappointment four years from the date the last full four-year term expired. (F) The advisory committee must meet at least two times yearly and at other times as may be necessary. The advisory committee must provide notice of its meeting pursuant to the Administrative Procedures Act. (G) The advisory committee must adopt rules for its proceedings and elect officers. The advisory committee must keep records and minutes of its meetings as necessary to carry out its functions and must report on its activities at least annually to the Board of Podiatry Examiners and the Board of Medical Examiners and upon request of either board. (H) The advisory committee shall have the following duties and responsibilities pertaining to podiatrists who perform surgical procedures of the ankle and related soft tissue structures: (1) recommend policies or regulations to the Board of Podiatry Examiners regarding professional certification and standards of practice; (2) recommend continuing education requirements to the Board of Podiatry Examiners; (3) provide expert information and advice to the Board of Podiatry Examiners on issues related to patient safety and standard of care; (4) assist the Department and the Board of Podiatry Examiners in processing complaints and issues by providing expert analysis and review of such complaints and issues after the department investigation is completed. The advisory committee must provide a comprehensive analysis of whether the standard of care was met and must make recommendations to the Board of Podiatry Examiners regarding appropriate sanctions if the advisory committee concludes that a violation of this act has occurred; and (5) perform any other duties or responsibilities assigned by the Board of Podiatry.
S.C. Code Ann. § 40-63-190 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-190
SECTION 40-63-190. Disclosure of client information.
Status: in_force

No licensee, or any of his or her employees or associates, shall disclose information which he or she may have acquired during the course of service, except: (1) as mandated by Section 63-7-310, requiring certain professionals to report suspected child abuse and neglect, and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult; (2) to prevent a clear and immediate danger to a person or persons, in cases where the information is necessary to prevent the client from causing harm to himself or herself or to others; (3) where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of service to the client in which case confidences may be disclosed only in the course of that action; (4) where the client is a party in a criminal or civil proceeding, and the client introduces his mental condition as an element of a claim or defense; (5) where there is a waiver of confidentiality previously obtained in writing, such information may be disclosed in accordance with the terms of the waiver. Competent clients, or their personal representatives, may consent to the release of confidences. In circumstances where more than one person receives services conjointly, each client who is legally competent to execute a waiver must agree to the waiver referred to in this subsection. Without a waiver from each client legally competent to execute a waiver, no confidences may be disclosed under this subsection; (6) where otherwise required by law or an order signed by a judge of a court of competent jurisdiction.
S.C. Code Ann. § 40-10-80 — SC Code / Title 40 / Chapter 10 / Section 40-10-80
SECTION 40-10-80. Investigation of complaints.
Status: in_force

The department shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
S.C. Code Ann. § 40-75-140 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-140
SECTION 40-75-140. Denial of license based on person's prior criminal record not permitted.
Status: in_force

A license may not be denied based solely on a person's prior criminal record as provided for in Section 40-1-140.
S.C. Code Ann. § 40-37-50 — SC Code / Title 40 / Chapter 37 / Section 40-37-50
SECTION 40-37-50. Administration of board; assessment, collection and adjustment of fees.
Status: in_force

(A) The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities. (B) Fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and Section 40-1-50(D).
S.C. Code Ann. § 40-37-240 — SC Code / Title 40 / Chapter 37 / Section 40-37-240
SECTION 40-37-240. Licensure requirements; display, renewal, and reinstatement of license.
Status: in_force

(A) A person is qualified to receive authorization to practice as an optometrist if the person demonstrates to the satisfaction of the board that he or she: (1) has submitted a written application in the form prescribed by the board; (2) was graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board; (3) has satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry; (4) demonstrates good moral character; (5) has paid all applicable fees specified by the board. (B) If an applicant satisfies all licensure requirements provided in this chapter, the board may issue an authorization to practice to the applicant. An authorization to practice is a personal privilege and not transferable, and the issuance of an authorization to practice is evidence that the person is entitled to all rights and privileges of a licensed optometrist while the authorization to practice remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board. (C) A licensee must display his or her license in a prominent and conspicuous place in the licensee's primary place of practice. Duplicates certified by the board must be displayed in any secondary places of practice. (D)(1) Licenses issued under this chapter must be renewed every two years on or before a date approved by the board upon the payment of a renewal fee and providing documentation of a minimum of forty hours of continuing education courses or meetings. (2) Continuing education instruction must be on subjects relative to optometry, exclusive of office management or administration, at board-approved and recognized educational seminars and courses or accredited institutions of learning. Four of the forty hours may be for courses directly related to mandated health care programs including, but not limited to, HIPAA, Medicare and Medicaid, and Ethics or Jurisprudence. Sixteen of the forty hours must be pharmacology or pathology related. Satisfactory proof of compliance with this requirement is a prerequisite for biennial license renewal. If an optometrist is authorized pursuant to state and federal law to prescribe controlled substances, two of the requisite hours of continuing education must be related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250. (E) Any licensee who allows his or her license to lapse by failing to renew the license in accordance with this section may be reinstated by the board upon satisfactory explanation by the licensee of failure to renew the license and upon payment of a reinstatement fee and the current renewal fee, as established by the board. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement. If a license has lapsed for more than two years, the person must reapply for licensure. A person practicing as an optometrist in this State during the time that his or her license has lapsed, has engaged in unlicensed practice and is subject to penalties provided for in this chapter. Effect of Amendment 2017 Act No. 91, SECTION 6, in (D)(2), added the final sentence, relating to adding requirements addressing the prescription and monitoring of certain controlled substances.
S.C. Code Ann. § 40-49-280 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-280
SECTION 40-49-280. County board of plumbing examiners.
Status: in_force

In each county in which this article is applicable there shall be a county board of plumbing examiners, consisting of three members, one of whom shall be the county health officer, who shall be ex officio a member and the chairman of the board. The second member of the board shall be a master plumber with not less than four years' experience and the third member shall be a journeyman plumber with not less than four years' experience. Such second and third members of the board shall be appointed by the governing body of the county, or a majority thereof. Each of such appointees shall hold office for the term of one year and until his successor is appointed as herein provided for. Any vacancy in the appointed membership of this board shall be filled for the unexpired term in the manner of the original appointment.
S.C. Code Ann. § 40-57-710 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-710
SECTION 40-57-710. Grounds for denial of issuance of license or for disciplinary action against licensee.
Status: in_force

(A) In addition to Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who: (1) makes a substantial misrepresentation on an application for a real estate license; (2) makes a substantial misrepresentation involving a real estate transaction; (3) makes false promises likely to influence, persuade, or induce; (4) pursues a continued and flagrant course of misrepresentation or makes false and misleading promises through any medium of advertising or otherwise; (5) in the practice of real estate, demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public; (6) represents a real estate broker other than the broker-in-charge or property manager-in-charge with whom they are licensed; (7) guarantees or authorizes and permits a supervised licensee to guarantee future profits from the resale of real estate; (8) makes a dual set of contracts, written or otherwise, by stating a sales price other than the actual sales price; (9) is convicted of violating the federal and state fair housing laws, forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or any other crime involving the theft or taking of the property belonging to another, or has been convicted of a felony sex-related, felony drug-related, felony real estate-related, felony financial, or felony violent offense, or pleading guilty or nolo contendere to such an offense in a court of competent jurisdiction of this State, another state, or a federal court; (10) fails to report to the commission in writing by certified mail, within ten days, notice of conviction of a crime provided in item (9); (11) fails, within a reasonable time, to account for or to remit trust funds coming into his possession which belong to others; (12) pays a commission or compensation to an unlicensed individual for activities requiring a license under this chapter. Notwithstanding this section, a licensee may not pay or offer to pay a referral fee or finder's fee to an unlicensed individual who is not a party in the real estate sales or rental transaction; (13) violates a provision of law relating to the freedom of a buyer or seller to choose an attorney, insurance agent, title insurance agent, or another service provider to facilitate the real estate transaction; (14) fails to disclose in accordance with Section 40-57-370 the party or parties for whom the licensee will be acting as an agent in a real estate transaction, if any; (15) receives compensation in a real estate transaction or directly resulting from a real estate transaction from more than one party except with the full knowledge and written disclosure to all parties; (16) represents more than one party in a real estate transaction without the full written knowledge and consent of all parties; (17) acts as an undisclosed principal in a real estate transaction; (18) accepts deposit money which is to be delivered to the licensee's principal in a real estate transaction without informing the payor and having the payor acknowledge in writing who will hold the money received by the licensee; (19) issues a check in connection with his real estate business which is returned for insufficient funds or closed account; (20) fails to disclose in accordance with Section 40-57-350 a known material fact concerning a real estate transaction; (21) violates a provision of this chapter or a regulation promulgated under this chapter; (22) violates a rule or order of the commission; (23) knowingly gives false information to an investigator or inspector; (24) engages in a practice or takes action inconsistent with the agency relationship that other real estate licensees have established with their clients; (25) fails to make all records required to be maintained under this chapter available to the commission for inspection and copying by the commission upon request of an investigator or inspector of the commission, fails to appear for an interview with an investigator or inspector of the commission without due cause, or provides false information upon direct inquiry by the investigator or inspector; (26) fails to promptly submit all offers and counteroffers in a real estate sales transaction; (27) fails to provide current contact information to the commission; (28) allows or creates an unreasonable delay in the closing of a transaction or act in a manner which causes failure or termination of a transaction due solely to a dispute among participating licensees concerning the division of a commission; or (29) fails to disclose civil judgments brought on grounds of fraud, misrepresentation, or deceit. (B) If after an investigation, charges of a violation are brought against a licensee, the broker-in-charge or property manager-in-charge must be notified of the charges. In the event a supervised licensee is noticed for a formal complaint hearing or otherwise appears before the commission to resolve the charges, the broker-in-charge or property manager-in-charge of record during the events in question must also attend the hearing. Unless the broker-in-charge or property manager-in-charge can show good cause as to why he failed to appear, the absence may result in the broker-in-charge or property manager-in-charge facing disciplinary action at the discretion of the commission. Editor's Note Prior Laws:1956 (49) 2046; 1969 (56) 762; 1972 (57) 2649; 1962 Code SECTION 56-1545.16; 1983 Act No. 94 SECTION 2; 1986 Act No. 353, SECTION 11; 1991 Act No. 12, SECTION 10; 1993 Act No. 181, SECTION 931; 1994 Act No. 385, SECTION 13; 1994 Act No. 451, SECTIONS 2, 3; 1976 Code SECTION 40-57-170. 2020 Act No. 127, SECTION 1, provides as follows: "SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read: "This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020." Effect of Amendment 2014 Act No. 258, SECTION 3, rewrote subsection (A)(8). 2016 Act No. 170, SECTION 1, rewrote the section. 2017 Act No. 60, SECTION 3, in (A), added (29), relating to failure to disclose civil judgments brought on grounds of fraud, misrepresentation, or deceit. 2024 Act No. 204, SECTION 3, in (A), in (7), substituted "a supervised" for "an associated", in (9), inserted "or any other crime involving the theft or taking of the property belonging to another,", and in (25), inserted "or inspector" in two places; and in (B), added the second and third sentence.
S.C. Code Ann. § 40-11-210 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-210
SECTION 40-11-210. Injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter. Editor's Note Prior Laws:1962 Code SECTION 56-426.3; 1968 (55) 2421; 1993 Act No. 181, SECTION 874.
S.C. Code Ann. § 40-41-90 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-90
SECTION 40-41-90. Exempt vendors and sales.
Status: in_force

The provisions of this article, other than SECTIONS 40-41-70 and 40-41-100 thereof, shall not extend to vendors of newspapers, magazines, vegetables, tobacco, provisions of any kind or agricultural products or to sales by sample by persons traveling for established commercial houses, but shall extend and apply to vendors of every other class and kind of goods, wares and merchandise and to sales by sample or otherwise by such hawkers and peddlers of stoves, ranges, clocks, lightning rods, sewing machines, pianos or organs.
S.C. Code Ann. § 40-69-110 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-110
SECTION 40-69-110. Grounds for revocation, suspension, or refusal to renew license; mental or physical examinations.
Status: in_force

(A) In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or restrict a veterinarian or veterinary technician who has: (1) violated this chapter or a regulation promulgated by the board; (2) used a false, fraudulent, or forged statement or document or performed a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement; (3) failed to display a license; (4) caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee; (5) misrepresented the inspection of food for human consumption; (6) used a false or fraudulent statement in a document connected with the practice of veterinary medicine; (7) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances; (8) failed to provide and maintain facilities as directed by regulation of the board; (9) refused to allow the board or an authorized representative of the board to inspect the business premises of the licensee during regular business hours; (10) circulated knowingly untrue, fraudulent, misleading, or deceptive advertising; (11) engaged in unprofessional or unethical conduct in violation of the American Veterinary Medical Association Code of Professional Ethics or any other standards of professional conduct defined in this chapter or prescribed by regulations of the board; (12) engaged in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine; (13) made a false statement in an oath or affidavit which is required by this chapter; (14) had another state revoke a license to practice veterinary medicine in that state, pursuant to a disciplinary proceeding; (15) been convicted on a charge of cruelty to animals; (16) been convicted of a federal or state law relating to narcotic drugs; (17) a physical or mental impairment or disability which renders practice dangerous to the public; (18) performed an act which in any way assists a person to practice in violation of this chapter; (19) used a controlled substance for other than specific treatment of an animal patient in an illegal manner; (20) has employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this chapter, can lawfully be done only by a person holding a license to practice veterinary medicine; (21) practiced veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties; (22) been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent; (23) failed to report, as required by law, or made a false report of a contagious or infectious disease; (24) been convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction; (25) been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section; (26) has engaged in a pattern or practice of violations of this chapter or regulations promulgated under this chapter. (B) In enforcing Subsection (A), items (16), (17), (19), (21), or (22), the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State or who files an application for a license to practice veterinary medicine in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients. (C) In enforcing subsection (A), items (16), (17), (19), (21), or (22), the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State, or who files an application to practice veterinary medicine in this State, is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients. Editor's Note Prior Laws:1920 (31) 905; Civ. C. '22 SECTION 2476; 1932 Code SECTION 5255; 1942 Code SECTION 5255; 1952 Code SECTION 56-1562; 1962 Code SECTION 56-1564; 1974 (58) 2769; 1984 Act No. 457; 1994 Act No. 306, SECTION 4; 1976 Code SECTION 40-69-140.
S.C. Code Ann. § 40-7-110 — SC Code / Title 40 / Chapter 7 / Section 40-7-110
SECTION 40-7-110. Disciplinary action.
Status: in_force

The board may take disciplinary action against a barber permittee or licensee as provided for in Section 40-1-110 and based upon grounds enumerated in that section. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-49; 1952 Code SECTION 56-273; 1962 Code SECTION 56-273; 1967 (55) 392; 1993 Act No. 164, Part II, SECTION 111; 1976 Code SECTION 40-7-240.
S.C. Code Ann. § 40-15-60 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-60
SECTION 40-15-60. Immunity of board members, officers, and employees for official acts; seal.
Status: in_force

No member of the board, or its director, its committees, special examiners, agents, and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. The board shall have a seal and the impression thereof shall be attached to official documents as requested and approved.
S.C. Code Ann. § 40-77-230 — SC Code / Title 40 / Chapter 77 / Section 40-77-230
SECTION 40-77-230. Eligibility for registration; qualifications; certificate of registration.
Status: in_force

(A) An applicant is eligible for registration as a registered professional geologist if the applicant: (1) graduated in an approved geologic curriculum of four or more years with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics from a school or college approved by the board and furnishes a specific record of an additional five years or more of full-time experience as a geologist-in-training in geologic work or at least five years of geologic work germane to public practice satisfactory to the board indicating that the applicant is competent to practice geology and has passed written examinations required by the board. In counting years of experience the board may give credit, not in excess of one year, for each graduate degree in geology; or (2) graduated in geology or a related science curriculum approved by the board of four years or more with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics in a school or college other than those approved by the board, furnishes a specific record of eight years or more of experience on geologic work of a character satisfactory to the board indicating that the applicant is competent to practice geology and has passed a written examination designed to measure knowledge and skill approximating that attained through graduation in an approved four-year geologic curriculum, and passes the examinations required of applicants in item (1). (B) The minimum evidence that an applicant is qualified for registration as a geologist-in-training is proof that the applicant: (1) graduated in an accredited geologic curriculum of four scholastic years or more with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics from a school or college approved by the board and passing a written examination required by the board; or (2) graduated in a geologic or a related science curriculum of four scholastic years or more with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics from a school or college other than those approved by the board in item (1) with a specific record of five years or more of experience in geological work of a character satisfactory to the board or passing written examinations in geologic subjects designed to measure knowledge and skill approximating that attained through graduation in an approved geologic curriculum and passing the written examinations as required in item (1). (C) The board shall issue a certificate of registration, upon payment of the registration fee, to an applicant who satisfactorily has met the requirements of this chapter. For a registered professional geologist, the certificate must authorize the practice of geology. For a geologist-in-training the registration card must be issued as the certificate of registration and must state that the applicant has been enrolled as a geologist-in-training. The registration cards must show the full name of the registrant, the board assigned serial number, and must be signed by the chairman of the board bearing the seal of the board.
S.C. Code Ann. § 40-59-820 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-820
SECTION 40-59-820. Definitions.
Status: in_force

As used in this article: (1) "Action" means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling. (2) "Claimant" means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling. (3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following: (a) defective material, products, or components used in the construction of residential improvements; (b) violation of the applicable codes in effect at the time of construction of residential improvements; (c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or (d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes. (4) "Dwelling" means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction. (5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee. 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. § 40-75-220 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-220
SECTION 40-75-220. Licensure as professional counselor, marriage and family therapist, or addiction counselor; requirements.
Status: in_force

(A) To be licensed by the board as a professional counselor, marriage and family therapist, or addiction counselor, an individual must: (1) pay the appropriate fees and pass an examination approved by the board; (2) complete forms prescribed by the board; and (3) complete the following educational requirements: (a) for licensed professional counselor or marriage and family therapist, successfully complete a minimum of a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation, provided all coursework, including any additional core coursework, must be taken at a college or university accredited by a national educational accrediting body, or one that follows similar educational standards and by the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, or a post-degree program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, or a regionally accredited institution of higher learning subsequent to receiving the graduate degree; or (b) for licensed addiction counselor, successfully complete a minimum of a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation, provided all coursework, including any additional core coursework, must be taken at a college or university accredited by a national educational accrediting body, or one that follows similar standards and the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, the National Addiction Studies Accreditation Commission, other board-approved educational institution, or a regionally accredited institution of higher learning. (B) In addition to other requirements established by law, a person applying to be a licensed professional counselor, as defined in Section 40-75-20(13), must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain the fingerprints for identification and certification purposes and for notification of the department regarding criminal charges. Cost 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. The results of these criminal record checks must not be shared outside the department. (C) In addition to other requirements established by law, a licensed professional counselor applying to enter the compact via a privilege to practice must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division and the Federal Bureau of Investigation are authorized to retain the fingerprints for identification and certification purposes and for notification of the department regarding criminal charges. Cost 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. The results of these criminal record checks must not be shared outside the department. Effect of Amendment 2018 Act No. 249, SECTION 9, rewrote the section, revising the requirements for licensure and providing additional requirements for addiction counselor licensure. 2024 Act No. 189, SECTION 3, inserted the (A) designator; added (B) and (C); and made nonsubstantive changes.
S.C. Code Ann. § 40-55-85 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-85
SECTION 40-55-85. Board to promulgate regulations for continuing education requirements.
Status: in_force

The board shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 (Administrative Procedures Act) implementing the requirements for continuing education which must be met by each person licensed as a psychologist under the provisions of this chapter. Each applicant for license renewal shall present evidence satisfactory to the board that he has met the continuing education requirements as set by the regulations.
S.C. Code Ann. § 40-63-250 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-250
SECTION 40-63-250. Issuance of license; display; indication of title on documents; renewal; lapse.
Status: in_force

(A) If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed social worker while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board. (B) A licensee under this chapter must display the license in a prominent and conspicuous place in the primary place of practice. (C) A licensee under this chapter must indicate his or her category of licensure following his or her name or signature on all professional documents. (D) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation. (E) A person licensed under this chapter must receive at least one contact hour of continuing education in suicide assessment, treatment, and management treatment, which may be completed virtually, as a portion of the total continuing education requirement for license renewal as determined by the board in regulation. (F) Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current renewal fee to be determined by the board. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement. If a license has lapsed for more than two years, the person must reapply for licensure. Any person practicing as a social worker during the time that his license has lapsed has engaged in unlicensed practice and is subject to penalties provided for in Section 40-63-30. Editor's Note 2024 Act No. 158, SECTION 4, provides as follows: "SECTION 4. This act takes effect upon approval by the Governor. However, SECTIONS 1, 2, and 3 apply to license renewal cycles ending after 2025." Effect of Amendment 2024 Act No. 158, SECTION 3, inserted (E) and redesignated former (E) as (F).
S.C. Code Ann. § 40-81-500 — SC Code / Title 40 / Chapter 81 / Section 40-81-500
SECTION 40-81-500. Exemptions.
Status: in_force

This chapter does not apply to: (1) an amateur boxing, wrestling, kickboxing, martial arts, or sparring exhibition, contest, or performance conducted by an institution of higher education or a secondary school if all participants are regularly enrolled students; (2) amateur boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or other amateur associations or groups approved by the commission; (3) schools or organizations under the auspices of the United States Olympic Committee; or (4) events or exhibitions sponsored by USA Boxing—South Carolina Association, Inc.
S.C. Code Ann. § 40-57-70 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-70
SECTION 40-57-70. Application and license fees; allocation of fees; annual report.
Status: in_force

(A) Fees relevant to the licensure and regulation of real estate brokers, associates, and property managers must be established in accordance with Section 40-1-50(D) and promulgated by regulation prior to implementation. (B) Application and license fees must be paid to the commission in advance and must accompany an examination application or a license application. An application fee is nonrefundable. (C)(1) The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which is established as a separate and distinct account within the Office of the State Treasurer. The funds collected must be deposited in this account and used exclusively for the advancement and dissemination of education, tools, and research: (a) for the benefit, safety, and protection of those licensed under this chapter and the public; or (b) for the improvement and increased efficiency of the real estate industry in this State through analysis and evaluation of factors which affect the real estate industry in this State. (2) The commission annually by August first shall submit a report on how the funds were expended for the preceding fiscal year to the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee. Effect of Amendment 2016 Act No. 170, SECTION 1, in (A), substituted "Fees relevant" for "All fees relevant"; deleted former (B), related to reinstatement penalty, and redesignated former (C) and (D) as (B) and (C); in (B) substituted "commission" for "department"; in (C)(1), substituted "is established" for "must be established"; and made nonsubstantive and gender neutral changes throughout. 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-67-150 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-150
SECTION 40-67-150. Voluntary surrender of license.
Status: in_force

A licensee who is under investigation for any of the grounds provided for in Section 40-67-110 or Section 40-1-110 voluntarily may surrender his license to the board in accordance with Section 40-1-150.
S.C. Code Ann. § 40-28-90 — SC Code / Title 40 / Chapter 28 / Section 40-28-90
SECTION 40-28-90. Promulgation of regulations by board authorized.
Status: in_force

The board may promulgate regulations necessary to carry out the provisions of this chapter. Editor's Note Prior Laws: 1976 Act No. 698, SECTION 8; 1990 Act No. 372, SECTION 4; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-80.
S.C. Code Ann. § 40-58-80 — SC Code / Title 40 / Chapter 58 / Section 40-58-80
SECTION 40-58-80. Denial, suspension, revocation, or nonrenewal of license; grounds; administrative penalty; cease and desist orders; investigation or examination of loans; notification of national registry.
Status: in_force

(A) The administrator, by order, may deny, suspend, revoke, or refuse to issue or renew a license of a licensee or applicant pursuant to this chapter or may restrict or limit the activities relating to mortgage loans of a licensee or a person who owns an interest in or participates in the business of a licensee, if the administrator finds that both: (1) the order is in the public interest; and (2) any of the following circumstances apply to the applicant, licensee, or any partner, member, manager, officer, director, loan originator, managing principal, or other person occupying a similar status or performing similar functions or a person directly or indirectly controlling the applicant or licensee. The person: (a) has filed an application for license that, as of its effective date or as of a date after filing, contained a statement that, in light of the circumstances under which it was made, is false or misleading with respect to a material fact; (b) has violated or failed to comply with any provision of this chapter or order of the administrator; (c) has been convicted of, or pled guilty or nolo contendere to, a felony, or, within the past ten years, a misdemeanor involving financial services or financial services related business, or an offense involving breach of trust or fraudulent or dishonest dealing, or money laundering in a domestic, foreign, or military court; (d) is enjoined permanently or temporarily by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving financial services or financial services related business; (e) is the subject of an order of the administrator denying, suspending, or revoking that person's license; (f) is the subject of an order entered by the authority of a governmental entity with jurisdiction over the financial services or financial services related industry denying or revoking that person's license; (g) does not meet the qualifications or the financial responsibility, character, or general fitness requirements, or bond or capital requirements, pursuant to this chapter; (h) has been the executive officer or controlling shareholder or owned a controlling interest in a financial services or financial services related business that has been subject to an order or injunction described in subitem (d), (e), or (f) of this item; (i) has failed to pay the proper filing or renewal fee pursuant to this chapter or any fine or fee imposed by any governmental entity. However, the administrator may enter only a denial order pursuant to this subitem, and the administrator shall vacate the order when the deficiency is corrected; or (j) has falsely certified attendance or completion of hours at an approved education course. (B) The administrator, by order, summarily may postpone or suspend the license of a licensee pending final determination of a proceeding pursuant to this section. Upon entering the order, the administrator shall notify promptly the applicant or licensee that the order has been entered, the reasons for the order, and the procedure for requesting a hearing before the Administrative Law Court. If a licensee does not request a hearing and the administrator does not request a hearing, the order remains in effect until it is modified or vacated by the administrator. (C) The administrator, by order, may impose an administrative penalty upon a licensee or any partner, member, officer, director, or other person occupying a similar status or performing similar functions on behalf of a licensee for a violation of this chapter. The administrative penalty may not exceed ten thousand dollars for each violation. The administrator may impose an administrative penalty that may not exceed ten thousand dollars for each violation of this chapter by a person other than a licensee or exempt person. (D) In addition to other powers pursuant to this chapter, upon finding that an action of a person is in violation of this chapter, the administrator may order the person to cease and desist from the prohibited action. If the person subject to the order fails to request a contested case hearing in accordance with Section 40-58-90, or if the person requests the hearing and it is denied or dismissed, and the person continues to engage in the prohibited action in violation of the administrator's order, the person is subject to an administrative penalty that may not exceed twenty-five thousand dollars for each violation of the administrator's order. The penalty provision of this section is in addition to and not instead of another provision of law for failure to comply with an order of the administrator. (E) Unless otherwise provided, all actions and hearings pursuant to this chapter are governed by Chapter 23, Title 1. (F) When a licensee is accused of any act, omission, or misconduct that subjects the licensee to disciplinary action, the licensee, with the consent and approval of the administrator, may surrender the license and the rights and privileges pertaining to it and is not eligible to receive, or to submit an application for, licensure for a period of time established by the administrator. (G) If the administrator has reasonable grounds to believe that a licensee or other person has violated this chapter or that facts exist that would be the basis for an order against a licensee or other person, the administrator, either personally or by a person duly designated by the administrator, at any time may investigate or examine the loans and business of the licensee and examine the books, accounts, records, and files of the licensee or other person relating to the complaint or matter under investigation. The reasonable cost of this investigation or examination must be charged against the licensee. The administrator may require the licensee or other person to submit a consent to a national and state fingerprint-based criminal history record check and a set of that person's fingerprints in a form acceptable to the administrator in connection with an examination or investigation. Refusal to submit the requested criminal history record check or a set of fingerprints is grounds for disciplinary action. (H) The administrator may subpoena documents and witnesses, and compel their production and attendance, to examine under oath all persons whose testimony the administrator considers relative to the person's business, and require the production of books, papers, or other materials. (I) The administrator may conduct routine examinations of the books and records of a licensee to determine compliance with this chapter. (J) The administrator may cooperate and share information with an agency of this State, other states, or the federal government. The administrator may accept or participate in examinations conducted by one of these agencies. (K) In addition to the authority described in this section, the administrator may require a person to pay to a borrower or other natural person amounts received by the person or its employees in violation of this chapter. (L) If the administrator finds that the managing principal, branch manager, or loan originator of a licensee had knowledge of, or reasonably should have had knowledge of, or participated in any activity that results in the entry of an order suspending or withdrawing the license of a licensee, the administrator may prohibit the branch manager, managing principal, or loan originator from serving as a branch manager, managing principal, or loan originator for the period of time the administrator considers necessary. (M) A person who wilfully violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both, for each offense. Each violation is considered a separate offense. (N) Orders issued by the administrator or by the Administrative Law Court pursuant to this chapter must be reported by the administrator to the Nationwide Mortgage Licensing System and Registry. (O) Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law. Editor's Note Prior Laws:1988 Act No. 544; 1989 Act No. 52, SECTION 2; 1993 Act No. 172, SECTION 1; 1998 Act No. 336, SECTIONS 9A, 9B; 2005 Act No. 7, SECTION 1; 2005 Act No. 128, SECTION 13.
S.C. Code Ann. § 40-69-90 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-90
SECTION 40-69-90. Procedures for handling complaints.
Status: in_force

(A) The department may receive complaints against a licensee from any person, including the board, and shall require the complaints to be submitted in writing and to be signed by the complainant. The person who is the subject of the complaint must be provided a notice of the complaint including the substance of the allegations within five days after the department begins its investigation. The department shall investigate the allegations in the complaint to the extent that there is a potential violation of this chapter. The department must submit its investigative findings to the IRC, as provided for in Section 40-69-20(8), along with any other additional information related to the investigation requested by any IRC member. The IRC must review the investigation and recommend to the board whether to proceed with formal action. If the board desires to proceed further, it may direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. If the department files a formal complaint, the department must make the formal complaint and any answer filed by the licensee available for public inspection. The licensee must be provided a copy of the formal complaint prior to making any complaint available for public inspection. The board administrator shall notify the licensee in writing not less than sixty days before the disciplinary hearing. The formal complaint and the hearing notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's household or office staff or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. Informal disposition may be made of any complaint, formal or otherwise, by stipulation or consent agreement. No stipulation or consent agreement is final until it has been submitted to and approved by the board. (B) A licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel at the licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the licensee.
S.C. Code Ann. § 40-7-290 — SC Code / Title 40 / Chapter 7 / Section 40-7-290
SECTION 40-7-290. Requirements for barbers who train students.
Status: in_force

(A) A barber training a student in a shop must have had three years' experience as a registered barber and must have been examined by the board and determined to be qualified to train a student barber. A barber found qualified after examination must be issued an instructor's license. (B) A registered barber may train no more than two students at a time if each student has a chair at all times. Editor's Note Prior Laws:1962 Code SECTION 56-279; 1976 Act No. 700 SECTION 1; 1989 Act No. 87, SECTION 5; 1990 Act No. 612, Part II, SECTION 17; 1991 Act No. 23, SECTION 1; 1976 Code SECTION 40-7-115.
S.C. Code Ann. § 40-68-55 — SC Code / Title 40 / Chapter 68 / Section 40-68-55
SECTION 40-68-55. Acceptance of affidavit or certification of approval.
Status: in_force

The department may by regulation provide for the acceptance of an affidavit or certification of a bonded, independent, and qualified assurance organization that has been approved by the department for certifying qualifications of a professional employer organization or professional employer organization group in lieu of those requirements of Sections 40-68-30 and 40-68-40 or any other requirements of a licensee under this chapter as determined by the department. In the regulation the department may establish a fee structure for the acceptance not to exceed the fees in Section 40-68-50. Professional employer organizations or professional employer organization groups are subject to any assessment under Section 40-68-50(B). This section does not relieve a professional employer organization or professional employer organization group of any notice or disclosure obligations under this chapter to an insurer, client, or employee, or of any other requirement of this chapter not expressly waived by regulation of the department.
S.C. Code Ann. § 40-51-160 — SC Code / Title 40 / Chapter 51 / Section 40-51-160
SECTION 40-51-160. Procedure for denying or revoking licenses.
Status: in_force

(A) The Board of Podiatry, if it has just cause, shall notify a licensee not less than thirty days before a scheduled hearing of its intention to suspend or revoke the license of the licensee. The notice must specify the alleged grounds for suspension or revocation and offer the licensee reasonable opportunity to be heard in answer to the allegations. The decision to suspend or revoke the license must be by majority vote of the total membership of the board. A decision of the board to revoke or suspend a license is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. (B) A decision to suspend or revoke a license by the board is effective upon delivery of a copy of the decision to the licensee, and a petition for review by an administrative law judge is not a supersedeas. The grounds for revocation or suspension of a license are a satisfactory showing to the board that a holder of a license: (1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement; (2) has been convicted of a felony or other crime involving moral turpitude, drugs, or gross immorality; (3) is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry; (4) has been convicted of the illegal or unauthorized practice of podiatry; (5) has knowingly performed an act which in any way assists an unlicensed person to practice podiatry; (6) has sustained a physical or mental disability which renders further practice by the podiatrist dangerous to the public; (7) has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful; (8) is guilty of the performance of dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public; (9) is guilty of the use of a false or fraudulent statement in a document connected with the practice of podiatry; (10) is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances; or (11) has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate a provision or term of this chapter or a regulation promulgated under this chapter. (C) In addition to all other remedies and actions incorporated in this chapter, the license of a person adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the person is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency. (D) In enforcing subsections (B)(3) and (6), the board upon just cause may require a licensee or applicant to submit to a mental or physical examination by a physician mutually agreed to by the licensee or applicant and the board. If agreement is not reached, an administrative law judge may appoint a physician to conduct the examination. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application for a license to practice podiatry in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients. (E) In enforcing subsections (B)(3) and (6), the board upon just cause may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatry. A person who accepts the privilege of practicing podiatry in this State or who files an application to practice podiatry in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients. (F) The board may impose a fine of up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter; however, the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Department of Administration for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full. 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. § 40-57-30 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-30
SECTION 40-57-30. Definitions.
Status: in_force

For purposes of this chapter: (1) "Active license" means a license that has been issued for the current period and authorizes the licensee to practice in this State. (2) "Agency relationship" means a legally binding relationship created in writing between a real estate brokerage firm and its client. (3) "Agent" means one authorized and empowered by a written agency agreement to perform actions for a client. A real estate brokerage firm is the agent of a buyer, seller, landlord, or tenant, and the real estate brokerage firm's "supervised licensees" are its subagents. (4) "Alternative name" means a first name, other than the licensee's legal first name, that is registered with the commission and used by the licensee for marketing purposes. (5) "Associate" means a supervised licensee who: (a) meets experience and education requirements; (b) passes both the state and national portions of the examination for an associate license; and (c) engages in or participates in an activity included in the definition of "broker" for a fee, salary, commission, or other valuable consideration, or with the intent or expectation of receiving compensation. (6) "Broker" means a supervised licensee who has met the experience and education requirements and has passed both the state and national portions of the examination for a broker license and who, for a fee, salary, commission, referral fee, or other valuable consideration, or who, with the intent or expectation of receiving compensation: (a) negotiates or attempts to negotiate the listing, sale, purchase, exchange, lease, or other disposition of real estate or the improvements to the real estate; (b) auctions or offers to auction real estate in accordance with Section 40-6-250; (c) for a fee or valuable consideration solicits a referral; (d) offers services as a real estate consultant, counselor, or transaction manager; (e) offers to act as a subagent of a real estate brokerage firm representing a client in a real estate transaction; or (f) advertises or otherwise represents to the public as being engaged in any of the foregoing activities. (7) "Broker-in-charge" means the sole broker designated by the commission to have responsibility over the actions of all supervised licensees. A broker-in-charge is responsible for: (a) the day-to-day management of the brokerage firm; (b) the control and liability for a real estate trust account; and (c) ensuring compliance with all applicable laws and regulations. The authority granted to the broker-in-charge cannot be assigned or designated to another licensee. (8) "Buyer agency" means a form of agency in which a real estate brokerage firm represents the buyer in an agency capacity as defined in this chapter. (9) "Canceled license" means a license that is invalidated, can no longer be reinstated or renewed, and requires an individual seeking to be licensed again after cancellation of his prior license to reapply and meet current licensure requirements. (10) "Client" means a person who enters a written agreement establishing an agency relationship with a real estate brokerage firm through its broker-in-charge, a property manager-in-charge, or a supervised licensee. (11) "Commission" means the South Carolina Real Estate Commission and its members, who are charged by law with the responsibility of licensing or otherwise regulating the practice of real estate in the State of South Carolina. (12) "Conversion" means to use trust funds for a purpose other than the purpose for which they are held. Conversion is a breach of trust and is a crime as provided by law. (13) "Customer" means a buyer, seller, landlord, or tenant who uses the services of a real estate licensee but does not establish an agency relationship through a written agency agreement with the licensee's real estate brokerage firm. (14) "Department" means the Department of Labor, Licensing and Regulation. (15) "Designated agency" means a form of agency in which two clients represented by a real estate brokerage firm in the same transaction may be given almost equivalent treatment as a single agency. (16) "Dual agency" means a form of agency in which a real estate brokerage firm with two clients in the same transaction gives limited agency services. (17) "Email" means a system for sending and receiving a message electronically over a computer network and a message sent or received by the system. (18) "Formal complaint" means a formal written complaint charging misconduct by a licensee in violation of this chapter, regulations promulgated under this chapter, Chapter 1, Title 40, or any other provision of law. (19) "Inactive license" means the official temporary cessation of a licensee's authorization to practice real estate upon the licensee providing notice to the commission that the person does not intend to practice real estate brokerage, is no longer supervised by a South Carolina-licensed broker-in-charge or property manager-in-charge, or has stepped down as the broker-in-charge or property manager-in-charge from a brokerage or property management office. (20) "Incompetency" means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other licensees of the same licensure status and required by the generally accepted standards of the profession. Charges of incompetence may be based upon a single act of incompetence or upon a course of conduct or series of acts or omissions that extend over a period of time and that, taken as a whole, demonstrate incompetence. (21) "Lapsed license" means the termination of a person's authorization to practice under this chapter due to the person's failure to renew his license within the renewal period but before the license is canceled. (22) "Letter of caution" means a written caution or warning about past or future conduct issued when it is determined that only minor misconduct not warranting discipline has been committed. The issuance of a letter of caution is not a form of discipline and does not constitute a finding of misconduct unless the letter of caution specifically states that misconduct has been committed. While nondisciplinary, the fact that a letter of caution has been issued may be considered in a subsequent disciplinary proceeding. (23) "Licensee" means an individual currently licensed under this chapter. (24) "Limited-function referral office" means a brokerage where the office policy allows only the placement of referrals through the broker-in-charge. (25) "Material adverse fact" means: (a) a condition or occurrence that is generally recognized as: (i) significantly and adversely affecting the value of the real estate; (ii) significantly reducing the structural integrity of improvements to real estate; or (iii) presenting a significant health risk to occupants of the real estate; or (b) information that indicates that a party to a transaction is not able to or does not intend to meet an obligation under a contract or agreement made concerning the transaction. (26) "Ministerial act" means an act performed by a licensee not involving an exercise of discretion or judgment of a licensee on behalf of a person who is not a client and that assists the nonclient to consummate a real estate transaction. (27) "Office" means the office location where a broker-in-charge or a property manager-in-charge is licensed to conduct real estate business. (28) "Personal trust account" means an escrow account or demand deposit bank account properly designated and titled to include the words "trust" or "escrow" that is established and maintained by a licensee to safeguard funds belonging to parties to a real estate transaction when the transaction involves the licensee's personal real estate and the real estate is not managed or listed through a real estate brokerage firm. (29) "Property manager" means a supervised licensee who meets educational requirements and passes the examination for a property manager license, and who will for a fee, salary, commission, other valuable consideration or with the intent or expectation of receiving compensation: (a) negotiate or attempt to negotiate the rental or leasing of real estate or improvements to the real estate; (b) list or offer to list and provide a service in connection with the leasing or rental of real estate or improvements to the real estate; or (c) advertise or otherwise represent to the public as being engaged in an activity in subitems (a) and (b). (30) "Property manager-in-charge" means a property manager who is designated as having the responsibility over the actions of supervised licensees and also the responsibility and control over and liability for real estate trust accounts. A property manager-in-charge is responsible for the day-to-day management of the office for which the property manager-in-charge is registered with the commission and is responsible for ensuring compliance with all applicable laws and regulations. (31) "Real estate" means land, buildings, and other appurtenances, including all interests in land, whether corporeal, incorporeal, freehold, or nonfreehold, whether the real estate is within or outside of the boundaries of this State. (32) "Real estate brokerage" means the aspect of the real estate business that involves activities relative to property management or a real estate sale, exchange, purchase, lease, or other disposition. (33) "Real estate brokerage firm" means a real estate company engaged in the business of real estate brokerage. (34) "Real estate transaction" means an activity involving the sale, purchase, exchange, lease, or other disposition of real estate. (35) "Residential real estate" means real estate which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units. (36) "Seller agency" means a form of agency in which a real estate brokerage firm represents the seller in an agency capacity as defined in this chapter. (37) "Subagent" means an agent of an agent. A "supervised licensee" is a subagent of the real estate brokerage firm if the firm is an agent of a buyer, seller, landlord, or tenant. (38) "Substantive contact" means contact in which a discussion or dialogue between the consumer and the supervised licensee or broker-in-charge moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the seller or buyer, financial qualifications, and other confidential information that if disclosed could harm the consumer's bargaining position. (39) "Supervised licensee" means a licensee affiliated with and under the supervision of a broker-in-charge or property manager-in-charge. (40) "Team" means two or more supervised licensees working together as a single unit within an office established with the commission and supervised by a broker-in-charge. (41) "Trust account" means an escrow account or properly designated demand deposit bank account that is: (a) properly designated and titled to include the word "trust" or "escrow"; and (b) established and maintained by a broker-in-charge or a property manager-in-charge to safeguard funds belonging to parties to a real estate transaction. (42) "Trust funds" means funds received on behalf of another person by a licensee in the course of performing a real estate activity. (43) "Transaction broker" means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. (44) "Wholesaling" means having a contractual interest in purchasing residential real estate from a property owner, then marketing the property for sale to a different buyer prior to taking legal ownership of the property. Advertising or marketing real estate owned by another individual or entity with the expectation of compensation falls under the definition of "broker" and requires licensure. "Wholesaling" does not refer to the assigning or offering to assign a contractual right to purchase residential real estate. Editor's Note Prior Laws:1962 Code SECTION 56-1545.1:1; 1967 (55) 652; 1986 Act No. 353, SECTION 1; 1991 Act No. 12, SECTION 3; 1976 Code SECTION 40-57-10. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-47-1710 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1710
SECTION 40-47-1710. Definitions.
Status: in_force

(1) "Athletic trainer (AT)" means an allied health professional with specific qualifications set forth in Section 40-47-1740(A) who provides services under the direction of or in collaboration with a licensed physician in accordance with their education, training, and state law. Services provided by athletic trainers may include the prevention, identification, assessment, treatment, or rehabilitation of injuries and illnesses under the direction of a licensed physician as defined in Section 40-47-20; and, in carrying out these functions, the athletic trainer is authorized to use therapeutic interventions including, but not limited to, heat, light, sound, cold, electricity, or mechanical devices related to said functions. (2) "Board" means the Board of Medical Examiners for South Carolina. (3) "License" means official acknowledgement by the board that an individual has successfully completed educational and other requirements referred to in this act which entitle that individual to perform the functions and duties of an athletic trainer. (4) "BOC" means the Board of Certification for the Athletic Trainer or Board of Certification, Inc.
S.C. Code Ann. § 40-5-370 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-370
SECTION 40-5-370. Furnishing advice or service to debtor in debt pooling plan involving deposit for distribution to creditors as practice of law violation constitutes misdemeanor; penalty.
Status: in_force

The furnishing of advice or services for compensation to a debtor in connection with a debt pooling plan pursuant to which the debtor deposits funds for the purpose of distributing them among his creditors shall be deemed to be the practice of law. Any person, other than one licensed to practice law in this State, who furnishes or offers to furnish such advice or services for compensation shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of five hundred dollars.
S.C. Code Ann. § 40-23-100 — SC Code / Title 40 / Chapter 23 / Section 40-23-100
SECTION 40-23-100. Board authorized to seek remedies for violations; immunity; bonds.
Status: in_force

In addition to all other remedies and immunities provided for in this chapter, the board and its members have the authority to seek remedies for violations of this chapter and regulations promulgated under this chapter, and have the associated immunities for its actions, as provided by Section 40-1-100. No bond may be required of the board by a judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
S.C. Code Ann. § 40-36-630 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-630
SECTION 40-36-630. Construction and severability.
Status: in_force

This compact must be liberally construed to effect the purposes of it. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of a member state or of the United States or the applicability of it to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance may not be affected as a consequence. If this compact is held contrary to the constitution of any member state, the compact shall remain 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. § 40-11-20 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-20
SECTION 40-11-20. Definitions.
Status: in_force

For purposes of this chapter: (1) "Ancillary work" means work that is directly associated with the building or structure which the licensee has been engaged to construct. (2) "Board" means the South Carolina Contractors' Licensing Board. (3) "Bid" means an offer to furnish labor, equipment, or materials or other services regulated by this chapter. (4) "Certificate holder" means a qualifying party. (5) "Contractor" means a general or mechanical contractor regulated under this chapter. (6) "Construction manager" means an entity working for a fee whose duties are to supervise and coordinate the work of design professionals and multiple prime contractors, while allowing the design professionals and contractors to control individual operations and the manner of design and construction. Services provided by a construction manager may include: (a) coordination, management, or supervision of design or construction; (b) cost management, including estimates of construction costs and development of project budgets; (c) scheduling, which may include critical path techniques, for all phases of a project; (d) design review, including review of formal design submission and construction feasibility; and (e) bid packaging and contractor selection. An owner, who performs construction management himself is not considered a construction manager for purposes of this chapter. (7) "Department" means the Department of Labor, Licensing and Regulation. (8) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board. (9) "GAAP" stands for Generally Accepted Accounting Principles and means accounting principles generally accepted in the United States of America. (10) "General construction" means the installation, replacement, or repair of a building, structure, highway, sewer, grading, asphalt or concrete paving, or improvement of any kind to real property. (11) "General contractor" means an entity that performs or supervises or offers to perform or supervise general construction. (12) "License classification" or "subclassification" means the type of construction for which a contractor may be licensed to do business. (13) "License group" means the financial limitations for bidding and performing general or mechanical construction. (14) "Licensee" means an entity that has been issued either a general or mechanical contractor's license by the department. (15) "Licensed contractor" means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in general or mechanical contracting within the State. (16) "Mechanical contractor" means an entity that performs or supervises, or offers to perform or supervise, mechanical construction. (17) "Mechanical construction" means the installation, replacement, or repair of plumbing, heating, air conditioning, process piping, refrigeration, lightning protection equipment, or electrical components, fixtures, or devices of any kind, excluding burglar alarm work. (18) "Net worth" means the total wealth of a company taking account of all financial assets and liabilities. (19) "Individual" means a natural person. (20) "Prime contractor" means an entity that contracts directly with an owner to perform general or mechanical construction. (21) "Primary qualifying party" means a qualifying party who has been designated by a licensee as the principal individual responsible for directing or reviewing work performed by the licensee in a particular license classification or subclassification. (22) "Public owner" means the State and any of its political subdivisions, which includes all counties, municipalities, school districts, public service, or special purpose districts. (23) "Qualifying party" means an individual who has been issued a certificate to qualify an entity for a license by way of examination in a license classification or subclassification. (24) "Sole prime contractor" means the prime contractor for a project on which there is only one prime contractor. (25) "Subcontractor" means an entity who contracts to perform construction services for a prime contractor or another subcontractor. (26) "Total cost of construction" means the actual cost incurred by the owner, all contractors, subcontractors, and other parties for labor, material, equipment, profit, and incidental expenses for the entire project. This does not include the cost of design services unless those services are included in a construction contract. (27) "Unlicensed contractor" means an entity performing or overseeing general or mechanical construction without a license. (28) "Working capital" means the capital of a business calculated as the current assets minus the current liabilities. Editor's Note Prior Laws:1936 (39) 1675; 1942 Code SECTION 7084-1; 1949 (46) 324; 1952 Code SECTION 56-401; 1956 (49) 1762; 1960 (51) 1537; 1962 Code SECTION 56-401; 1968 (55) 2421; 1977 Act No. 174, SECTION 1; 1983 Act No. 151, Part II, SECTION 39B; 1976 Code SECTION 40-11-10. Effect of Amendment 2023 Act No. 69, SECTION 2, inserted (1) and redesignated former (1) to (7) as (2) to (8); inserted (9) and redesignated former (8) to (15) as (10) to (17); inserted (18) and redesignated former (16) to (24) as (19) to (27); in (22), added, ", which includes all counties, municipalities, school districts, public service, or special purpose districts" at the end; added (28); and made nonsubstantive changes.
S.C. Code Ann. § 40-39-155 — SC Code / Title 40 / Chapter 39 / Section 40-39-155
SECTION 40-39-155. Contested case hearings.
Status: in_force

A person aggrieved by the final administrative order may request a contested case hearing before the Administrative Law Court pursuant to the court's rules of procedure. If the person fails to timely request a contested case hearing, the department may bring an action to enforce its order pursuant to Chapter 23, Title 1.
S.C. Code Ann. § 40-33-50 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-50
SECTION 40-33-50. Administrative support of board activities; establishment of fees.
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 in accordance with Section 40-1-50. (B) Initial fees must be established by the board in regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D) to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.
S.C. Code Ann. § 40-15-180 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-180
SECTION 40-15-180. Complaint to board against dentist, dental hygienist, or dental technician; investigation; accusation; notice; hearing; confidentiality of proceedings; privileged communications.
Status: in_force

(1) The board shall receive complaints by any person against a licensed dentist or dental hygienist, or against a registered dental technician, and shall require the same to be submitted to it in the form of an affidavit. Upon receipt of a complaint, the director, or such other person as the president may designate, shall investigate the allegations of the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed further it may, in its discretion, file a formal accusation charging the dentist, dental hygienist, or dental technician with a violation of a provision of this chapter. The accusation shall be signed by the president or vice-president on behalf of the board. When the accusation is filed, and the board shall set a date for a hearing thereon, the director of the board shall notify the accused in writing, not less than thirty days prior to the hearing date, of the date fixed for the hearing and a true copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and shall have the right to counsel. In instances where a board member has made the initial investigation of a complaint, he shall not sit with the board at the hearing of such complaint. (2) Such notice shall be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authorities' stamp thereon showing the same "Refused", shall be prima facie evidence of service of such notice. (3) All investigations and proceedings undertaken under the provisions of this chapter shall be confidential. (4) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents, or any hearing panel or member thereon, pursuant to this act whether by way of complaint or testimony, shall be privileged, and no action or proceeding, civil or criminal, shall lie against any such person, firm, or corporation by or on whose behalf such communication shall have been made, by reason thereof.
S.C. Code Ann. § 40-7-210 — SC Code / Title 40 / Chapter 7 / Section 40-7-210
SECTION 40-7-210. Petition for injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-77-280 — SC Code / Title 40 / Chapter 77 / Section 40-77-280
SECTION 40-77-280. Persons licensed in other states or countries; reciprocity.
Status: in_force

A person holding a license to practice geology, based on comparable licensing requirements by a state, territory, or possession of the United States, the District of Columbia, or of any foreign country and who, in the opinion of the board, otherwise meets the requirements of this chapter may, upon application, and payment of applicable fees be licensed without further examination.
S.C. Code Ann. § 40-59-250 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-250
SECTION 40-59-250. Credit report; factors indicating reputation for timely performance; outstanding judgments.
Status: in_force

(A) A person applying to the commission for licensure as a residential builder or registration as a residential specialty contractor must submit to a credit report. In addition to the information provided by the credit report, the commission may determine from the written application, the personal references provided by the applicant, written communications or complaints to the commission, and from any other reliable, documented sources whether an applicant for licensure as a residential builder or an applicant for registration as a residential specialty contractor has a reputation for the prompt payment of labor and material bills and for the timely completion of other contracts into which the applicant may have entered. (B) The commission shall require the applicant to list on application and renewal forms any outstanding judgments issued against him or any entities with whom the applicant was associated for the past five years. Editor's Note Prior Laws:1994 Act No. 463, SECTION 1; 1976 Code SECTION 40-59-85.
S.C. Code Ann. § 40-75-120 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-120
SECTION 40-75-120. Sanctions.
Status: in_force

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-75-110 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
S.C. Code Ann. § 40-57-350 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-350
SECTION 40-57-350. Real estate brokerage firm duties to client; agency relationship; applicability of common law.
Status: in_force

(A) A real estate brokerage firm that provides services through an agency agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting as set forth in this chapter. Pursuant to the aforementioned duties owed to a client, a real estate brokerage firm and its subagents are prohibited from engaging in, representing others in, or assisting others in the practice of wholesaling. The following are the permissible brokerage relationships a real estate brokerage firm may establish: (1) seller agency; (2) buyer agency; (3) disclosed dual agency; (4) designated agency; or (5) transaction brokerage. (B) The broker-in-charge of a real estate brokerage firm shall adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which supervised licensees may engage, including teams and limited function referral offices. The written policy must include: (1) the real estate brokerage firm's policy regarding cooperation with transaction brokers, or both buyer agents, and transaction brokers, and whether the broker offers compensation to these licensees; (2) the scope of services provided to the real estate brokerage firm's clients; (3) the scope of services provided to the real estate brokerage firm's customers; (4) when and how supervised licensees shall explain and disclose their brokerage relationships with an interested party to a potential transaction. The explanation and disclosure shall always comply with the minimum requirements set forth in this chapter; (5) when and how a supervised licensee shall explain the potential for the licensee to later act as a disclosed dual agent, designated agent, or transaction broker in specific transactions, as permitted by this chapter; and (6) the real estate brokerage firm's policy on compliance with state and federal fair housing laws. (C)(1) On reaching a written agency agreement to provide brokerage services for a seller of real estate, a seller's agent shall: (a) perform the terms of the written brokerage agreement made with the seller; (b) pursuant to subsection (A), promote the interest of the seller by performing agency duties which include: (i) seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller, except that the real estate brokerage firm is not obligated to seek additional offers to purchase unless the brokerage agreement provides otherwise while the property is subject to a contract of sale; (ii) presenting in a timely manner all written offers and counteroffers to and from the seller, even when the property is subject to a contract of sale; (iii) disclosing to the seller all material adverse facts concerning the transaction which are actually known to the seller's agent except as directed otherwise in this section; (iv) advising the seller to obtain expert advice on matters that are beyond the expertise of the licensee; and (v) accounting in a timely manner, as required by this chapter, for all money and property received in which the seller has or may have an interest; (c) exercise reasonable skill and care in discharging the licensee's agency duties; (d) comply with all provisions of this chapter and with regulations adopted by the commission; (e) comply with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights; (f) preserve confidential information provided by the seller during the course of and following the agency relationship that might have a negative impact on the seller's real estate activity unless: (i) the seller to whom the confidential information pertains grants written consent to disclose the information; (ii) disclosure is required by law; or (iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct; or (iv) the information becomes public from a source other than the broker. (2) No cause of action may arise against a licensee for disclosing confidential information in compliance with item (1)(f). (D) A licensee acting as a seller's agent may offer alternative properties to prospective buyers. A licensee acting as a seller's agent also may list for sale competing properties. (E)(1) On reaching a written agency agreement to provide brokerage services to a potential buyer of real estate, a buyer's agent shall: (a) perform the terms of the written brokerage agreement made with the buyer; (b) in accordance with subsection (A), promote the interest of the buyer by performing the buyer's agent's duties which include: (i) seeking the type of property at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the buyer, except that the licensee is not obligated to seek additional properties unless the brokerage agreement provides otherwise for a buyer once the buyer becomes a party to a contract of sale; (ii) presenting in a timely manner all written offers and counteroffers to and from the buyer; (iii) disclosing to the buyer all material adverse facts concerning the transaction which are actually known to the licensee except as directed otherwise in this section. Nothing in this chapter may limit a buyer's obligation to inspect the physical condition of the property which the buyer may purchase; (iv) advising the buyer to obtain expert advice on material matters that are beyond the expertise of the licensee; and (v) accounting in a timely manner, as required by this chapter, for all money and property received in which the buyer has or may have an interest; (c) exercising reasonable skill and care in discharging the buyer's agent's agency duties; (d) complying with all provisions of this chapter and with regulations promulgated by the commission; (e) complying with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights; (f) preserving confidential information provided by the buyer during the course of or following the agency relationship that might have a negative impact on the buyer's real estate activity unless: (i) the buyer to whom the confidential information pertains, grants written consent to disclose the information; (ii) disclosure is required by law; (iii) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or (iv) the information becomes public from a source other than the licensee. (2) No cause of action may arise against a licensee for disclosing confidential information in compliance with item (1)(f). (F) A licensee acting as a buyer's agent may offer properties which interest his buyer client to other potential buyers. However, if the licensee has two competing buyer clients in a single real estate transaction, the agent will give written notice to each buyer client that neither will receive the confidential information of the other. (G)(1) A licensee shall treat all parties honestly and may not knowingly give them false or misleading information about the condition of the property which is known to the licensee. A licensee is not obligated to discover latent defects or to advise parties on matters outside the scope of the licensee's real estate expertise. Notwithstanding another provision of law, no cause of action may be brought against a licensee who has truthfully disclosed to a buyer a known material defect. (2) No cause of action may be brought against a real estate brokerage firm or licensee by a party for information contained in reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying organism control expert, termite inspector, mortgage broker, home inspector, or other home inspection expert, or other similar reports. (3) A licensee, the real estate brokerage firm, and the broker-in-charge are not liable to a party for providing the party with false or misleading information if that information was provided to the licensee by the client or customer and the licensee did not know the information was false or incomplete. (H) Nothing in this chapter limits the obligation of the buyer to inspect the physical condition of the property. (I)(1) A real estate brokerage firm may act as a disclosed dual agent only with the prior informed and written consent of all parties. Consent is presumed to be informed if a party signs a completed copy of a dual agency agreement, promulgated by the commission. At the latest, the form must be signed by the buyer before writing an offer and by the seller before signing the sales contract. The agreement must specify the transaction, and must name the parties to the dual agency consent agreement, and must state that: (a) in acting as a dual agent, the real estate brokerage firm represents clients whose interests may be adverse and that agency duties are limited; (b) the supervised licensees of the real estate brokerage firm may disclose information gained from one party to another party if the information is relevant to the transaction, except if the information concerns: (i) the willingness or ability of a seller to accept less than the asking price; (ii) the willingness or ability of a buyer to pay more than the offered price; (iii) any confidential negotiating strategy not disclosed in an offer as terms of a sale; or (iv) the motivation of a seller for selling property or the motivation of a buyer for buying property; (c) that the clients may choose to consent to the disclosed dual agency or may reject it; and (d) that the clients have read and understood the dual agency agreement and acknowledge that their consent to dual agency is voluntary. (2) A broker-in-charge and supervised licensees in one office of a real estate brokerage firm may conduct business with a client of another office of the real estate brokerage firm as a customer or client without creating a dual agency relationship, so long as the branch offices each have a separate broker-in-charge and do not share the same supervised licensees. (J)(1) A broker-in-charge may assign, through the adoption of a company policy, different licensees affiliated with the broker-in-charge as designated agents to exclusively represent different clients in the same transaction. A company policy adopted to fulfill the requirements of this subsection must contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter. (2) A broker-in-charge may personally, or through the broker's duly authorized real estate-licensed representative, specifically designate one or more supervised licensees who will be acting as agent of the buyer client or seller client to the exclusion of all other supervised licensees. Buyers and sellers shall give informed consent to enter into designated agency relationships. The informed consent must be evidenced by a designated agency agreement promulgated by the commission, and must be signed by the buyer before writing the offer and by the seller before signing the sales agreement. The designated agency agreement must include language informing the buyer and seller of the obligations of the broker-in-charge and supervised licensees under this section. (3) If a buyer client of a real estate brokerage firm wants to view a property that was personally listed by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). If a seller client of a real estate brokerage firm wants to sell a property to a buyer client of the real estate brokerage firm that is personally represented by the broker-in-charge, the real estate brokerage firm shall act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). (4) A designated agent of a seller client has the duties and obligations set forth in subsections (C) through (E). A designated agent of a buyer client has the duties and obligations set forth in subsections (E), (G), and (H). (5) In a transaction where both buyer and seller are represented by designated agents, the broker-in-charge shall act as a dual agent pursuant to subsection (I). The broker-in-charge is not required to complete a dual agency agreement under this provision. Consent must be contained in the designated agency agreement. (6) A designated agent may disclose to the designated agent's broker-in-charge, or the licensed representative appointed by the broker-in-charge, confidential information of a client for the purpose of seeking advice or assistance for the benefit of the client in regard to a transaction. (7) If a buyer client of a real estate brokerage firm wants to view and make an offer to purchase a property owned by a seller client being represented by the same supervised licensee, the real estate brokerage firm must act as a dual agent with the written consent of the buyer and seller, as required by subsection (I). (8) If a broker-in-charge appoints different supervised licensees as designated agents in accordance with subsection (J)(1), the broker-in-charge, all remaining affiliated licensees, and the real estate brokerage firm must be considered to be dual agents. (9) There may be no imputation of knowledge or information between and among the broker-in-charge, agents, and the clients. Designated agents may not disclose, except to the designated agent's broker-in-charge or appointed representative, information made confidential by written request or instruction of the client whom the designated agent is representing, except information allowed to be disclosed by this section or required to be disclosed by this section. Unless required to be disclosed by law, the broker-in-charge of a designated agent may not reveal confidential information received from either the designated agent or the client with whom the designated agent is working. For the purposes of this section, confidential information is information the disclosure of which has not been consented to by the client and that could harm the negotiating position of the client. (10) The designation of one or more of a broker-in-charge's supervised licensees as designated agents does not permit the disclosure by the broker-in-charge or supervised licensees of information made confidential by an express written request or instruction by a party before or after the creation of the designated agency. The broker-in-charge and supervised licensees shall continue to maintain this confidential information unless the party from whom the confidential information was obtained permits its disclosure by written agreement or disclosure is required by law. No liability is created as a result of a broker-in-charge's and supervised licensee's compliance with this subsection. (K) A licensee who represents one party to a real estate transaction may provide assistance to other parties to the transaction by performing ministerial acts such as writing and conveying offers, and providing information and aid concerning other professional services not related to the real estate brokerage services being performed for a client. Performing ministerial acts does not create an agency relationship. (L)(1) A real estate brokerage firm may offer transaction brokerage to potential buyers and sellers. A transaction broker may be a single agent of a party in a transaction, giving the other party customer service or the transaction broker may facilitate the transaction without representing either party. (2) Licensees operating as transaction brokers are required to disclose to buyers and sellers their role and duties in offering customer services to the consumer that shall include the following: (a) honesty and fair dealing; (b) accounting for all funds; (c) using skill, care, and diligence in the transaction; (d) disclosing material adverse facts that affect the transaction, or the value or condition of the real property and that are not readily ascertainable; (e) promptly presenting all written offers and counteroffers; (f) limited confidentiality, unless waived in writing by a party. This limited confidentiality prohibits disclosing: (i) information concerning a buyer's motivation to buy or the buyer's willingness to make a higher offer than the price submitted in a written offer; (ii) factors motivating a seller to sell or the seller's willingness to accept an offer less than the list price; (iii) that a seller or buyer will agree to financing terms other than those offered; and (iv) information requested by a party to remain confidential, except information required by law to be disclosed; (g) additional duties that are entered into by separate agreement. (3) Prospective buyers and sellers who do not choose to establish an agency relationship with a real estate brokerage firm but who use the services of the firm are considered customers. A licensee may offer the following services to a customer as a single agent or as a transaction broker including, but not limited to: (a) identifying and showing property for sale, lease, or exchange; (b) providing real estate statistics and information on property; (c) providing preprinted real estate forms, contracts, leases, and related exhibits and addenda; (d) acting as a scribe in the preparation of real estate forms, contracts, leases, and related exhibits and addenda; (e) providing a list of architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and (f) identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of the parties in a real estate transaction. (4) A licensee offering services to a customer shall: (a) timely present all written offers to and from the parties involving the sale, lease, and exchange of property, even when the property is subject to a contract of sale; (b) timely account for all money and property received by the broker on behalf of a party in a real estate transaction; (c) provide a meaningful explanation of brokerage relationships in real estate transactions; (d) provide an explanation of the scope of services to be provided by the licensee; (e) be fair and honest and provide accurate information in all dealings; (f) keep information confidential as requested in writing by the customer; and (g) disclose known material facts regarding the property or the transaction. (5) Pursuant to the aforementioned duties owed to a customer, a real estate brokerage firm and its subagents are prohibited from engaging in, representing others in, or assisting others in the practice of wholesaling. (M) The provisions of this section which are inconsistent with applicable principles of common law supersede the common law, and the common law may be used to aid in interpreting or clarifying the duties described in this section. Except as otherwise stated, nothing in the section precludes an injured party from bringing a cause of action against licensees, their companies, or their brokers-in-charge. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in (A), inserted the second sentence; substituted "supervised" for "associated" throughout the section; in (L), added (5); and made nonsubstantive changes.
S.C. Code Ann. § 40-6-190 — SC Code / Title 40 / Chapter 6 / Section 40-6-190
SECTION 40-6-190. Confidentiality; privileged communications.
Status: in_force

Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-58-20 — SC Code / Title 40 / Chapter 58 / Section 40-58-20
SECTION 40-58-20. Definitions.
Status: in_force

As used in this chapter: (1) "Act as a mortgage broker" means to act, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, by: (i) soliciting, processing, placing, or negotiating a mortgage loan for a borrower from a mortgage lender or depository institution or offering to process, place, or negotiate a mortgage loan for a borrower from a mortgage lender or depository institution, (ii) engaging in tablefunding of a mortgage loan, or (iii) acting as a loan correspondent whether those acts are done by telephone, by electronic means, by mail, or in person with the borrowers or potential borrowers. "Act as a mortgage broker" also includes bringing a borrower and lender together to obtain a mortgage loan or rendering a settlement service as described in 12 U.S.C. 2602(3) and 24 C.F.R. Part 3500.2(b). (2) "Act as a mortgage lender" means to engage in the business of making or servicing mortgage loan for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, including soliciting, processing, placing, or negotiating a mortgage loan. (3) "Administrator" means the Administrator of the Department of Consumer Affairs (department) or the administrator's designees. (4) "Advertising" means a commercial message in a medium that promotes, either directly or indirectly, a mortgage loan transaction. (5) "Affiliate" means a company that controls, is controlled by, or is under common control with another company, as set forth in the Bank Holding Company Act of 1956 (12 U.S.C. Section 1841 et seq.). For purposes of this item, the term "control" means ownership of all of the voting stock or comparable voting interest of the controlled person. (6) "Borrower" means a natural person in whose dwelling a security interest is or is intended to be retained or acquired if that person's ownership interest in the dwelling is or is to be subject to the security interest. (7) "Branch manager" means the natural person who is in charge of and who is responsible for the business operations of a branch office of a licensee. (8) "Branch office" means an office of the licensee that is separate and distinct from the licensee's principal office. (9) "Clerical or support duties" mean administrative functions after the receipt of an application by a licensed mortgage originator or broker, such as gathering information, requesting information, word processing, sending correspondence, or assembling files, and may include: (a) The receipt, collection, and distribution common for the processing or underwriting of a residential mortgage loan; or (b) Any communication with a borrower to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include taking a residential mortgage loan application, offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms. (10) "Control", except as provided in item (5), means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person is presumed to have "control" of a company if that person: (i) is a director, general partner or executive officer, (ii) directly or indirectly has the right to vote ten percent or more of a class of a voting security or has the power to sell or direct the sale of ten percent or more of a class of voting securities, (iii) in the case of an LLC, is the managing member, or (iv) in the case of a partnership, has the right to receive upon dissolution, or has contributed, ten percent or more of the capital. (11) "Depository institution" has the same meaning as in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. Section 1811 et. seq.), and includes a credit union. (12) "Dwelling" means the same as the term in Section 226.2(a)19 of Title 12 of the Code of Federal Regulations and the Federal Reserve Board's Official Staff Commentary to that section. (13) "Employee" means a natural person who has an employment relationship, acknowledged by both the natural person and the mortgage broker, and is treated like an employee for purposes of compliance with the federal income tax laws. (14) "Escrow account" means an account that a mortgage lender establishes or controls on behalf of a borrower to pay taxes, insurance premiums including flood insurance, or other charges with respect to a mortgage loan, including charges that the borrower and mortgage lender have voluntarily agreed that the mortgage lender collects and pays. The definition encompasses an account established for this purpose. For purposes of this item, the term "escrow account" excludes an account that is under the borrower's total control. (15) "Escrow funds" means money entrusted to a mortgage lender by a borrower for the purpose of payment of taxes and insurance or other payments to be made in connection with the servicing of a mortgage loan. (16) "Exempt person" means: (a) an employee of a licensee whose responsibilities are limited to clerical or support duties for the employer and who does not solicit borrowers, accept applications, or negotiate the terms of loans on behalf of the employer; (b) a depository institution or a subsidiary that is wholly owned and controlled by the depository institution and regulated by a federal banking agency or an institution regulated by the Farm Credit Administration. This chapter does not apply to the exempt persons described in this subitem; (c) an officer, registered loan originator, or employee of an exempt person described in subitem (b) of this section when acting in the scope of employment for the exempt person; (d) a person who offers or negotiates terms of a mortgage loan with or on behalf of an immediate family member of the individual; (e) an individual who offers or negotiates terms of a mortgage loan secured by a dwelling that served as the person's residence; (f) an employee whose employment as a processor or underwriter is undertaken pursuant to the direction and supervision of a licensee or exempt person except when the processor or underwriter is working as an independent contractor; (g) an attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a mortgage lender, a mortgage broker, or other mortgage loan originator or by an agent of the mortgage lender, mortgage broker, or other mortgage loan originator; (h) an attorney who works for a mortgage lender, pursuant to a contract, for loss mitigation efforts or third party independent contractor who is HUD-certified, Neighborworks-certified, or similarly certified, who works for a mortgage lender, pursuant to a contract, for loss mitigation efforts; (i) a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee: (i) does not receive compensation or other gain for engaging in activities described in item (1), (2), or (24) in excess of any compensation or gain received in a comparable cash transaction; (ii) discloses in writing to the consumer any corporate affiliation with any creditor and, if a corporate affiliation exists, the identity of at least one unaffiliated creditor; and (iii) does not directly negotiate with the consumer or lender on loan terms including, but not limited to, rates, fees, and other costs; or (j) any other person deemed exempt pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), Section 1508, Title V of the Housing and Economic Recovery Act of 2008, Public Law 110-289, and any regulations promulgated thereunder. (17) "Federal banking agencies" means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. (18) "Financial services or financial services related business" means pertaining to securities, commodities, banking, insurance, consumer lending, or real estate including, but not limited to, acting as or being associated with a bank or savings association, credit union, mortgage lender, mortgage servicer, mortgage broker, real estate broker, real estate salesperson or agent, closing agent, title company, or escrow agent. (19) "Immediate family member" means a spouse, child, sibling, parent, grandparent, or grandchild including stepparents, stepchildren, stepsiblings, and adoptive relationships. (20) "Individual servicing a mortgage loan" means an employee of a mortgage lender licensed in this State, that: (a) collects or receives payments including payments of principal, interest, escrow amounts, and other amounts due on existing obligations due and owing to the licensed mortgage lender for a mortgage loan including, but not limited to, when: (i) the borrower is in default; or (ii) the borrower is in reasonably foreseeable likelihood of default; (b) works with the borrower and the licensed mortgage lender, collects data, and makes decisions necessary to modify, either temporarily or permanently, certain terms of those obligations; or (c) otherwise finalizes collection through the foreclosure process. (21) "Licensee" means a person who is licensed pursuant to this chapter. (22) "Loan commitment" or "commitment" means a statement, written or electronic, by the mortgage lender setting forth the terms and conditions upon which the mortgage lender is willing to make a particular mortgage loan to a particular borrower. (23) "Loan correspondent" means a person engaged in the business of making mortgage loans as a third party originator and who does not engage in all three of the following activities with respect to each mortgage loan: (a) underwrite the mortgage loan written by their employees; (b) approve the mortgage loan; and (c) fund the mortgage loan utilizing an unrestricted warehouse or credit line. A loan correspondent is not a mortgage lender. (24) "Loan originator" means a natural person who, in exchange for compensation or gain or in the expectation of compensation or gain as an employee of a licensed mortgage lender, solicits, negotiates, accepts, or offers to accept applications for mortgage loans, including electronic applications, or includes direct contact with, or informing mortgage loan applicants of, the rates, terms, disclosures, and other aspects of the mortgage loan. The definition of "loan originator" does not include an exempt person described in item (16) or a person solely involved in extensions of credit relating to timeshare plans, as that term is defined in Section 101(53D) of Title 11, United States Code. The definition of loan originator does not apply to an individual servicing a mortgage loan as that term is defined in this chapter until July 31, 2011, unless the United States Department of Housing and Urban Development or a court of competent jurisdiction determines before that time that those individuals servicing mortgage loans are "loan originators" as that term is defined in the SAFE Act pursuant to Section 1508 of Title V of the Housing and Economic Recovery Act of 2008, Public Law 110-289. Solely acquiring and reviewing a credit report does not constitute acting as a loan originator. (25) "Make a mortgage loan" means to close a mortgage loan, advance funds, offer to advance funds, or make a commitment to advance funds to a borrower under a mortgage loan. (26) "Managing principal" means a natural person who meets the requirements of Section 37-22-140(C) and who agrees to be primarily responsible for the operations of a licensed mortgage lender. (27) "Mortgage broker" means a person who acts as a mortgage broker, as that term is defined in item (1). (28) "Mortgage lender" means a person who acts as a mortgage lender as that term is defined in item (2) or engages in the business of servicing mortgage loans for others or collecting or otherwise receiving mortgage loan payments directly from borrowers for distribution to another person. This definition does not include engaging in a tablefunded transaction. (29) "Mortgage loan" means a loan made to a natural person primarily for personal, family, or household use, primarily secured by a mortgage, deed of trust, or other security interest on residential real property or security interest arising under an installment sales contract or equivalent security interest against the borrower's dwelling and: (i) located in South Carolina, (ii) negotiated, offered, or otherwise transacted within this State, in whole or in part, or (iii) made or extended within this State. (30) "Nationwide Mortgage Licensing System and Registry" means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators of licensees licensed pursuant to this chapter. (31) "Nontraditional mortgage product" means a mortgage product other than a thirty-year fixed rate mortgage loan. (32) "Person" means a natural person, partnership, limited liability company, limited partnership, corporation, association, or other group engaged in joint business activities, however organized. (33) "Processor or underwriter" means an employee of a mortgage broker, mortgage lender, or exempt person who performs clerical or support duties at the direction of and subject to the supervision and instruction of a licensee or exempt person and may include direct contact with applicants but does not include soliciting, negotiating, accepting, or offering to accept applications that include personal identifying information as defined in Section 16-13-510(D) for mortgage loans including electronic applications or informing applicants of the rates, terms, disclosures, and other aspects of the mortgage loan. (a) For purposes of this item only, clerical or support duties may include after the receipt of an application: (i) the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a mortgage loan, and (ii) communication with a consumer to obtain the information necessary for the processing or underwriting of a mortgage loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling consumers about mortgage loans. (b) A person engaging solely in loan processor or underwriter activities may not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items that the person may or will perform any of the activities of a loan originator. (c) A processor or underwriter who is an independent contractor may not engage in the activities of a processor or underwriter unless the independent contractor processor or underwriter obtains and maintains a license as provided by rule or regulation pursuant to Section 37-22-270. (34) "Registered loan originator" means a natural person who meets the definition of loan originator and is an employee of a depository institution or a subsidiary that is wholly owned and controlled by the depository institution and regulated by a federal banking agency or an institution regulated by the Farm Credit Administration and is registered with and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry. (35) "Residential real property" means real property located in the State of South Carolina upon which there is located or is to be located one or more single-family dwellings or dwelling units that are to be occupied as the owner's dwelling, and includes real estate and residential manufactured home (land/home) transactions. (36) "RESPA" means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601, et seq., and regulations adopted pursuant to it including, but not limited to, the TILA-RESPA Integrated Disclosure Rule. (37) "Soliciting, processing, placing, or negotiating a mortgage loan" means, for compensation or gain or in the expectation of compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan, or negotiating or offering to negotiate the terms or conditions of a mortgage loan. (38) "Tablefunding" means a settlement at which a loan is funded by a contemporaneous advance of loan funds and an assignment of the loan to the person advancing the funds. (39) "TILA" means the Truth in Lending Act, 15 U.S.C. Section 1601, et seq., and regulations adopted pursuant to it including, but not limited to, the TILA-RESPA Integrated Disclosure Rule. (40) "Unique identifier" means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. (41) "Qualified loan originator" means a natural person who acts as a loan originator exclusively for a mortgage broker licensee and who is not an employee of the mortgage broker. Unless otherwise indicated, a qualified loan originator is subject to the requirements of a loan originator under this chapter. Editor's Note 2009 Act No. 67 SECTION 7 provides as follows: "Except as otherwise provided herein, this act is effective January 1, 2010, except that the definition of 'mortgage loan originator' does not include an individual servicing a mortgage loan as that term is defined in Section 37-22-110(22) and Section 40-58-20(20) until July 31, 2011." Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1996 Act No. 430, SECTION 2; 1998 Act No. 336, SECTIONS 3A, 3B, 12; 2005 Act No. 7, SECTION 1. 2010 Act No. 287, SECTION 3, provides as follows: "Any provision of this act deemed by HUD to conflict with its interpretation of the SAFE Act, provided for in Section 1508 of Title V of The Housing and Economic Recovery Act of 2008, Public Law 110-289, must be interpreted, applied, or amended in such a way so as to comply with HUD's interpretation of the SAFE Act. If any provision of this act cannot be interpreted, applied, or amended in such a way so as to comply with the SAFE Act, that provision must be severed from the act and shall not affect the remainder of the act's compliance with the SAFE Act. The regulating authority shall adopt emergency regulations or take other actions necessary to ensure compliance with the SAFE Act and the regulating authority's continued jurisdiction over and supervision of the mortgage business in this State." Effect of Amendment The 2010 amendment added the definition for "qualified loan originator". 2017 Act No. 93, SECTION 10, in (1), deleted ", as that term is defined in 24 C.F.R. Part 202 et seq.," following "loan correspondent"; in (16), deleted (f), which had related to a natural person who sells residential real estate and who lends or services no more than five purchase money notes secured by mortgages, redesignated accordingly, added (j), relating to any other person deemed exempt pursuant to the SAFE Act, and made nonsubstantive changes; in (20)(a), inserted "including, but not limited to,"; inserted (23), relating to the definition of "loan correspondent", and redesignated the other subsections accordingly; in (24), substituted "mortgage lender" for "mortgage broker", and deleted "of this section" following "in item (16)"; in (26), substituted "Section 37-22-140(C)" for "Section 40-58-50(B)"; in (27), deleted "of this section" following "item (1)"; in (28), deleted "of this section" following "item (2)"; in (33)(c), substituted "Section 37-22-270" for "Section 40-58-100"; in (36), substituted "including, but not limited to, the TILA-RESPA Integrated Disclosure Rule" for "by the Department of Housing and Urban Development"; and, in (39), substituted "including, but not limited to, the TILA-RESPA Integrated Disclosure Rule" for "by the Board of Governors of the Federal Reserve System". 2022 Act No. 173, SECTION 2, in (16), rewrote (i).
S.C. Code Ann. § 40-47-1290 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1290
SECTION 40-47-1290. License renewal.
Status: in_force

An anesthesiologist's assistant's license must be renewed on or before the first of January of each licensure period. Upon payment of the nonrefundable renewal fee provided for in Section 40-47-1295 and submission of documentation that the anesthesiologist's assistant certificate issued by the National Commission for Certification of Anesthesiologist's Assistants, or its successor, is active and current, the board shall renew the anesthesiologist's assistant's license.
S.C. Code Ann. § 40-25-110 — SC Code / Title 40 / Chapter 25 / Section 40-25-110
SECTION 40-25-110. Qualifications of applicants for examinations; conduct of examinations.
Status: reserved

(A) An applicant may obtain a license by successfully passing a qualifying examination if he: (1) is at least twenty-one years of age; (2) has an education equivalent to a four-year course in an accredited high school. (B) [Reserved] (C) An applicant for license by examination shall appear at a time, place, and before persons the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing must not be conducted so that college training is required to pass the examination. Nothing in this examination may imply that the applicant possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission. (D) The department shall give examinations at least once a year.
S.C. Code Ann. § 40-22-5 — SC Code / Title 40 / Chapter 22 / Section 40-22-5
SECTION 40-22-5. Application of Chapter 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to those professions of engineering and surveying regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-39-80 — SC Code / Title 40 / Chapter 39 / Section 40-39-80
SECTION 40-39-80. Pawn tickets; content requirements; executions; special circumstances.
Status: in_force

(A) A pawnbroker, at the time of each loan or purchase, shall deliver to the person selling, pawning, or pledging any articles, at no charge, a memorandum signed by the pawnbroker and the person pawning or pledging any articles containing the substance of the entry required by Section 40-39-70. If the memorandum is lost, the pledgor may receive a duplicate upon payment of a fee not exceeding three dollars. The administrator may prescribe the form to be used. (B)(1) The pawn ticket for a pledge or purchase transaction must satisfy the requirements of the Truth in Lending Act and Regulation Z, must identify whether the transaction is a pawn or purchase, and at a minimum must include: (a) the name and address of the pledgor or seller; (b) the date of birth of the pledgor or seller; (c) the driver's license number or other state or federal government-issued photographic identification number of the pledgor or seller; (d) the transaction date; (e) the transaction maturity date; (f) the amount financed or purchase price; (g) the finance charge; (h) the total of payments; (i) the annual percentage rate; (j) a statement of the pledgor or seller that the pledgor or seller is the lawful owner of the pledged or sold property; (k) the name and business address of the pawnbroker; and (l) a complete and accurate description of the pledged or purchased goods including any applicable: (i) brand name; (ii) model number; (iii) manufacturer's serial number, if issued by the manufacturer and not intentionally defaced, altered or removed; (iv) size; (v) color, as apparent to the untrained eye, not applicable to diamonds; (vi) precious metal type, weight, and content, if known or indicated; (vii) gemstone color and shape, as apparent to the untrained eye, and number of stones; (viii) type of action, caliber or gauge, number of barrels, barrel length and finish if the item is a firearm; and (ix) any other unique markings, numbers, names, or letters. (2) In addition to the requirements of item (1), the pledgor or seller shall sign the form after the pawnbroker confirms positive identification of the pledgor or seller. (3) Notwithstanding the provisions of subsection (B)(1)(i) through (ix), in the case of multiple items of a similar nature delivered together in one transaction which do not bear serial or model numbers and which do not include precious metals or gemstones, such as musical or video recordings, books, and hand tools, the description of the items is adequate if it contains the quantity of items and a description of the type of items delivered. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1752; Civ. C. '12 SECTION 2628; Civ. C. '22 SECTION 3949; 1932 Code SECTION 7133; 1942 Code SECTION 7133; 1952 Code SECTION 56-1158; 1962 Code SECTION 56-1158. Effect of Amendment 2016 Act No. 262, SECTION 10, inserted paragraph designator (A); in (A), inserted "or purchase" and "selling", and made other nonsubstantive changes; and added (B), relating to pawn ticket requirements.
S.C. Code Ann. § 40-30-110 — SC Code / Title 40 / Chapter 30 / Section 40-30-110
SECTION 40-30-110. Qualifications for license.
Status: in_force

(A) To be licensed as a massage therapist, an individual must: (1) be at least eighteen years of age and have either received a high school diploma or graduate equivalency diploma, or completed a program that has been approved by the board to satisfy this requirement; (2) have successfully completed: (a) six hundred fifty hours of an approved massage therapy education program at an approved massage therapy school having a curriculum that includes course content approved by the board; or (b) an approved massage therapy education program that is substantially equivalent to the education required in subitem (a); (3) have successfully passed the Federation of State Massage Therapy Board (FSMTB) or any other board-approved examination; and (4) speak the English language as a native language or demonstrate an effective proficiency in the English language, in the manner prescribed by and to the satisfaction of the board. If English is not an individual's native language, or if an individual does not demonstrate an effective proficiency of the English language in a manner prescribed by and to the satisfaction of the board, then the board may require proof that the applicant has received a passing score from the Test of English as a Foreign Language (TOEFL), Test of Spoken English (TSE) offered by TOEFL/TSE Services, or another service approved by the board. The costs of the TOEFL, TSE, or other service approved by the board shall be paid by the applicant. (B) If an individual qualifies to be licensed as a massage therapist under subsection (A), then the individual must submit: (1) a completed application on a form prescribed by the board, accompanied by a two inch by two inch current photograph, and all applicable fees; (2) an official transcript demonstrating successful completion of the education required pursuant to subsection (A) and proof of passing the FSMTB or other board-approved examination; and (3) evidence of an effective proficiency in the English language, if applicable. (C) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice massage therapy, the board shall require a state criminal history records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the board. The South Carolina Law Enforcement Division is authorized to retain fingerprints for certification purposes and for notification to the board regarding criminal charges. The costs of conducting a state criminal history records check and national criminal records check shall be paid by the applicant. (D) Information received pursuant to this section shall be kept confidential, except that information relied upon in denying licensure may be disclosed as necessary to support administrative action. Effect of Amendment The 2013 amendment rewrote the section. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-75-600 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-600
SECTION 40-75-600. Payment of benefits and claims against third parties.
Status: in_force

Nothing in this article may be construed to create a right in a psycho-educational specialist to: (1) have paid to a licensed psycho-educational specialist a benefit under: (a) a self-funded plan providing benefits to residents of this State; (b) accident and health insurance provided to residents of this State; (c) a plan of operation established by a health maintenance organization licensed in this State; or (2) have a claim against a third party payer, however situated.
S.C. Code Ann. § 40-57-910 — SC Code / Title 40 / Chapter 57 / Article 9 / Section 40-57-910
SECTION 40-57-910. Regulations; continuing education courses.
Status: in_force

(A) The commission may promulgate regulations standards and qualification requirements for prelicensing and continuing education providers, instructors, and courses. (B) Prelicensing and continuing education courses are eligible for distance learning if the provider has attained certification by the Association of Real Estate License Law Officials (ARELLO), its subsidiary, the International Distance Education Certification Center (IDECC), or other national certifying entities as approved by the commission. (C) The commission may review, approve, and regulate education courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions. (1) The commission shall qualify for continuing education credit designation and certification programs of nationally recognized real estate organizations and associations. The commission may qualify for continuing education credit other than courses currently approved for continuing credit including, but not limited to, courses offered by the South Carolina Bar Association, the South Carolina Forestry Board, and the South Carolina Appraisers Board. (2) Notwithstanding another provision of law, the commission shall qualify for continuing education credit courses that are related to real estate technology, professional development, and business ethics. (3) An approved course must be taught by an approved instructor who is qualified and has demonstrated knowledge of the subject matter to be taught as well as the ability to teach. (D) In accordance with regulations, providers electronically shall transmit to the commission student continuing education and qualifying course records. The commission shall maintain an accurate and secure database of student records.
S.C. Code Ann. § 40-15-150 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-150
SECTION 40-15-150. Filing false affidavit or diploma; misrepresentation or concealment.
Status: in_force

Any person who, in order to influence action by the board: (a) knowingly files a false or forged affidavit with the board; (b) files as his own a diploma or license issued to another; or (c) in any manner misrepresents or conceals his true name or former place of residence is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both.
S.C. Code Ann. § 40-47-620 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-620
SECTION 40-47-620. Issuance of license by board.
Status: in_force

The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee.
S.C. Code Ann. § 40-47-510 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-510
SECTION 40-47-510. Definitions.
Status: in_force

As used in this article: (1) "Board" means the Board of Medical Examiners of South Carolina. (2) "Committee" means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board. (3) "Respiratory care or respiratory therapy" means the allied health profession or specialty which provides educational, therapeutic, or diagnostic procedures utilized in the prevention, detection, and management of deficiencies or abnormalities, or both, of the cardiopulmonary systems. (4) "Practice of respiratory care" may include, but is not limited to, the administration of pharmacologic, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician; transcription and implementation of written or verbal orders of a physician pertaining to the practice of respiratory care; observing and monitoring the signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing including determination of whether such signs, symptoms, reactions, behavior, or general response exhibit abnormal characteristics and implementation, based on observed abnormalities or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders of a person licensed to practice medicine under the laws of this State; or the initiation of emergency procedures under the regulations of the board or as otherwise permitted in this article. The practice of respiratory care may be performed in a clinic, hospital, skilled nursing facility, private dwelling, or other place considered appropriate or necessary by the board in accordance with the written or verbal order of a physician and must be performed under a qualified medical director. (5) "Respiratory care practitioner" means a respiratory therapist or a respiratory therapy technician licensed to practice respiratory therapy who is a graduate of a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board. (6) "Medical director" means a physician licensed to practice medicine in South Carolina who has special interest and knowledge in the diagnosis, treatment, and assessment of respiratory problems. The practice of respiratory care or respiratory therapy must occur under the supervision of a qualified medical director. In the home care of cardiopulmonary patients, the existence of qualified physician sponsorship must be submitted and documented to the committee and approved by the board.
S.C. Code Ann. § 40-18-110 — SC Code / Title 40 / Chapter 18 / Section 40-18-110
SECTION 40-18-110. Authority and arrest powers of those licensed or registered under chapter.
Status: in_force

A person who is registered or licensed under this chapter and who is hired or employed to provide security services on specific property is granted the authority and arrest power given to sheriff's deputies. The security officer may arrest a person violating or charged with violating a criminal statute of this State but possesses the powers of arrest only on the property on which he is employed.
S.C. Code Ann. § 40-75-980 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-980
SECTION 40-75-980. Adverse actions.
Status: in_force

(A) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) take adverse action against a licensed professional counselor's privilege to practice within that member state; (2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and (3) only the home state shall have the power to take adverse action against a licensed professional counselor's license issued by the home state. (B) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (C) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions. (D) A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor. (E) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (F) Joint investigations: (1) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. (G) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor's privilege to practice is deactivated in all member states during the pendency of the order. (H) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. (I) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
S.C. Code Ann. § 40-47-1540 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1540
SECTION 40-47-1540. Application for registration.
Status: in_force

To be registered by the department as a cardiovascular invasive specialist, a person must: (1) apply in writing to the department on a form available from the department; (2) successfully complete an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee of Graduate Medical Education, or its equivalent or successor approved by the South Carolina Board of Medical Examiners; (3) provide satisfactory evidence of current registration with Cardiovascular Credentialing International; (4) provide satisfactory evidence that the applicant's practice protocol is in place, signed by each supervising cardiologist and by an appropriate representative of each licensed facility where practice is anticipated; (5) pay a fee established by the department.
S.C. Code Ann. § 40-51-240 — SC Code / Title 40 / Chapter 51 / Section 40-51-240
SECTION 40-51-240. Fitting and sale of shoes and arch supports.
Status: in_force

No part of this chapter shall be deemed to prohibit the fitting or sale of shoes or arch supports, excepting those shoes or arch supports or other mechanical devices or prosthetics that involve foot casting or impressions or fabricating for the feet, except by written prescription of a duly licensed medical doctor or chiropodist.
S.C. Code Ann. § 40-6-180 — SC Code / Title 40 / Chapter 6 / Section 40-6-180
SECTION 40-6-180. Payment of costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-67-160 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-160
SECTION 40-67-160. Appeal.
Status: in_force

A person aggrieved by an action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-41-20 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-20
SECTION 40-41-20. Issuance and term of license.
Status: in_force

Such clerk shall issue licenses to hawkers and peddlers, to be good in his county until the last day of December next after the date of their issue, upon receiving from the applicant such fee therefor as the governing body of the county shall establish as the license fee for hawkers and peddlers in such county. Each license shall specify the sum paid therefor and the privileges granted thereby.
S.C. Code Ann. § 40-47-111 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-111
SECTION 40-47-111. Disciplinary action in another state.
Status: in_force

(A) Acts or omissions by a licensee causing the denial, cancellation, revocation, suspension, or restriction of a license to practice in another state, which would constitute misconduct in this State, support the issuance of a formal complaint and the commencement of disciplinary proceedings. (B) Proof of acts or omissions in another state may be shown by a copy of the transcript of record of the disciplinary proceedings in that state or a copy of the final order, consent order, or similar order stating the basis for the action taken. (C) Upon the filing of an application or an initial complaint alleging that the applicant or licensee has been disciplined in another state, the applicant or licensee must provide to the department copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to provide these items within ninety days of a written request results in the denial of the individual's application or suspension of the individual's authorization to practice in this State until these items have been provided to the department and until further order of the board. (D) The applicant or licensee may present mitigating testimony to the board or hearing officer or hearing panel regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct in this State.
S.C. Code Ann. § 40-11-120 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-120
SECTION 40-11-120. Other sanctions.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided for in Section 40-1-120.
S.C. Code Ann. § 40-57-5 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-5
SECTION 40-57-5. Applicability of chapter; conflicts of laws.
Status: in_force

Unless otherwise provided in this chapter, the provisions of Article 1, Chapter 1 apply to real estate brokers, associates, and property managers. The provisions of this chapter control when they conflict with the provisions of Article 1, Chapter 1. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in the first sentence, substituted "associates" for "salespersons".
S.C. Code Ann. § 40-75-940 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-940
SECTION 40-75-940. Privilege to practice.
Status: in_force

(A) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall: (1) hold a license in the home state; (2) have a valid United States social security number or national practitioner identifier; (3) be eligible for a privilege to practice in any member state in accordance with subsections (D), (G), and (H); (4) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years; (5) notify the commission that the licensee is seeking the privilege to practice within a remote state; (6) pay any applicable fees, including any state fee, for the privilege to practice; (7) meet any continuing competence/education requirements established by the home state; (8) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a privilege to practice; and (9) report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within thirty days from the date the action is taken. (B) The privilege to practice is valid until the expiration date of the home-state license. The licensee must comply with the requirements of subsection (A) to maintain the privilege to practice in the remote state. (C) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state. (D) A licensee providing professional counseling services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's privilege to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid. (E) If a home-state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur: (1) the home-state license is no longer encumbered; and (2) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years. (F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a privilege to practice in any remote state. (G) If a licensee's privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur: (1) the specific period of time for which the privilege to practice was removed has ended; (2) all fines have been paid; and (3) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years. (H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a privilege to practice in a remote state.
S.C. Code Ann. § 40-79-200 — SC Code / Title 40 / Chapter 79 / Section 40-79-200
SECTION 40-79-200. Contracting without license; penalty; preferring of charges.
Status: in_force

(A) An entity or individual who contracts or offers to contract in this State without a license issued pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars. (B) Charges under this section may be preferred by the board by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction. Editor's Note Prior Laws:1986 Act No. 512, SECTION 13; 1976 Code SECTION 40-79-130.
S.C. Code Ann. § 40-79-170 — SC Code / Title 40 / Chapter 79 / Section 40-79-170
SECTION 40-79-170. Payment of costs of investigation and prosecution.
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. § 40-20-20 — SC Code / Title 40 / Chapter 20 / Section 40-20-20
SECTION 40-20-20. Definitions.
Status: in_force

In addition to the definitions pursuant to Article 1, Chapter 1: (1) "Dietetics" means the integration and application of dietary principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of dietary nutrition care services. (2) "Licensed dietitian" means an individual licensed in good standing to practice dietetics pursuant to the provisions of this chapter. For purposes of this chapter, "dietitian" is synonymous with " registered dietitian". (3) "Nutrition care services" means any part or all of the following: (a) assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting; (b) establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints; (c) providing nutritional counseling in health and disease; (d) developing, implementing, and managing nutrition care systems; (e) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services; (f) transcribing a verbal order into patient records for co-signature by the ordering physician and implementing a physician's written and verbal orders which pertain to the practice of dietetics, if the practice of dietetics is specifically authorized by the medical director and the health care facility where the care is taking place. In the delivery of dietetic home care, this care must be authorized specifically by the physician sponsor; (g) implementing nutrition related orders under a protocol approved by the medical staff of a licensed health care facility. "Nutrition care services" does not include the retail sale of food products or vitamins and minerals. (4) "Panel" means the Panel for Dietetics under the Department of Labor, Licensing and Regulation. (5) "Registered dietitian" means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association as a registered dietitian.
S.C. Code Ann. § 40-65-100 — SC Code / Title 40 / Chapter 65 / Section 40-65-100
SECTION 40-65-100. Cease and desist orders and equitable relief.
Status: in_force

Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.
S.C. Code Ann. § 40-29-280 — SC Code / Title 40 / Chapter 29 / Section 40-29-280
SECTION 40-29-280. Moving exception to new home warranty, notice requirement.
Status: in_force

If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-190.
S.C. Code Ann. § 40-7-130 — SC Code / Title 40 / Chapter 7 / Section 40-7-130
SECTION 40-7-130. Denial of permit or licensure on same grounds as potential disciplinary action.
Status: in_force

As provided for in Section 40-1-130, the board may deny a permit or licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or permittee.
S.C. Code Ann. § 40-45-620 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-620
SECTION 40-45-620. Construction and severability.
Status: in_force

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or 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 may not be affected thereby. If this compact must be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
S.C. Code Ann. § 40-3-170 — SC Code / Title 40 / Chapter 3 / Section 40-3-170
SECTION 40-3-170. 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. § 40-35-160 — SC Code / Title 40 / Chapter 35 / Section 40-35-160
SECTION 40-35-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-43-75 — SC Code / Title 40 / Chapter 43 / Section 40-43-75
SECTION 40-43-75. Renal dialysis facilities; authority to deliver a legend drug or device to a patient.
Status: in_force

(A) For purposes of this section: (1) "Renal dialysis facility" or "RDF" means an outpatient facility that treats and offers staff-assisted dialysis or training and support services for self-dialysis patients to end-stage renal disease patients, as defined by Centers for Medicare and Medicaid Services. An RDF may be composed of one or more fixed buildings, mobile units, or a combination of them, as defined in R. 61-97. An RDF must be certified by Medicare to provide dialysis-related services to ESRD patients and must have a medical director licensed as a physician, pursuant to Chapter 47, Title 40, on staff. (2) "End-stage renal disease" or "ESRD" means the disease state, and associated conditions, defined under 42 C.F.R. 406.13 and the United States Social Security Act. (3) "Renal drug manufacturer" means a manufacturer of legend drugs or devices for self-dialysis by RDF patients. (B) An RDF may deliver a legend drug or device to a patient of an RDF if: (1) the drug or device is for home use by the patient or for administration in the facility as required by the prescriber's order or prescription; (2) the drug or device is dispensed to the RDF by a properly licensed resident or nonresident pharmacy licensed by the board or administered by a properly licensed health care practitioner; (3) the drug or device is dispensed by the pharmacy pursuant to a valid prescription issued by a licensed practitioner, as defined in Section 40-43-30; (4) the drug or device delivered by the RDF is properly labeled in accordance with state and federal law; (5) the drug or device is held by the RDF in a secure location in an area not accessible to the public, and packages containing drugs or devices are delivered by RDF staff, unopened, to the patient; (6) the patient is given a choice of receiving the drug or device from the RDF, at their home, or from another agent; (7) the drugs exclude controlled substances; and (8) the RDF maintains policies and procedures concerning how it will receive, store, maintain, and return any drugs or devices that are not picked up by the patient and returned to the dispensing pharmacy. (C) A renal drug manufacturer may deliver a legend dialysate drug comprised of dextrose or icodextrin or a device to a patient of an RDF if the following criteria are met: (1) the dialysate drugs or devices are approved by the United States Food and Drug Administration as required by federal law; (2) the dialysate drugs or devices are lawfully held by a renal drug manufacturer or a renal drug manufacturer's agent that is properly registered with the board as a manufacturer or wholesale drug distributor; (3) the dialysate drugs or devices are held and delivered in their original sealed and labeled packaging from the renal drug manufacturing facility; (4) the dialysate drugs or devices are delivered only by the renal drug manufacturer or the renal drug manufacturer's agent and only upon receipt of a physician's order; and (5) the renal drug manufacturer or the renal drug manufacturer's agent delivers dialysate drugs or devices directly to a patient with end-stage renal disease, or his designee, for the patient's self-administration of dialysis therapy, or to a health care provider or institution for administration or delivery of dialysis therapy to a patient with end-stage renal disease. (D) The provisions of this section do not waive any other requirements to obtain licensure, permits, or certification as required by law to possess legend drug products. A facility engaged in an activity related to the delivery or distribution of legend drugs still shall hold the requisite licensure or drug permits required by law. Code Commissioner's Note At the direction of the Code Commissioner, an incorrect reference to a subsection in Section 40-43-30 was removed. Effect of Amendment 2021 Act No. 48, SECTION 1, in (A), added (3); inserted (C) and redesignated former (C) as (D).
S.C. Code Ann. § 40-47-200 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-200
SECTION 40-47-200. Practice without license or with license obtained by submitting false information; penalty.
Status: in_force

A person who practices or offers to practice medicine in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Each violation constitutes a separate offense. The provisions of this chapter apply to a person or entity aiding and abetting in a violation of this chapter. Editor's Note 2005 Act No. 32, SECTION 7(B), provides as follows: "(B) Upon approval by the Governor, this act takes effect July 1, 2005, for causes of action arising after July 1, 2005, except that as of this act's effective date, the State Treasurer shall relinquish the management of funds in the Patients' Compensation Fund, created pursuant to Section 38-79-420, to the Board of Governors of the fund, and premiums paid on or after this act's effective date must be deposited with the Board of Governors of the fund. The fund must be fully transferred to the Board of Governors, and the State Treasurer may not hold any deposits of the fund as of ninety days after this act's effective date." Prior Laws:Cr. C. '22 SECTION 390; 1920 (31) 1004; Civ. C. '22 SECTION 2415; 1932 Code SECTION 5165; 1942 Code SECTION 5165; 1952 Code SECTION 56-1374; 1962 Code SECTION 56-1374; 1970 (56) 2371; 1976 Code SECTION 40-47-260.
S.C. Code Ann. § 40-22-240 — SC Code / Title 40 / Chapter 22 / Section 40-22-240
SECTION 40-22-240. Renewal of registration; fees and late fees; lapsed license; continuing professional competency requirement.
Status: in_force

(A)(1) Every professional engineer and professional surveyor licensed under this chapter who decides to continue the practice of his profession shall, biennially during the month of June, pay the board a fee sufficient to support the costs of the board's operations, to be determined by the board in regulation, for which fee a renewal registration card for the ensuing registration year must be issued. (2) The board shall assess a late renewal penalty of twenty percent of the biennial renewal fee against those persons who do not renew their license within one month of the biennial renewal date. The penalty must be assessed for each two months thereafter with a maximum grace period of three months following the biennial renewal date. A person not renewing his license within three months following the annual renewal date shall file a new application accompanied by the required application fee or, if he is in a position to do so, file a notarized affidavit with the board certifying that he has not been engaged in the practice of engineering or surveying in South Carolina during the period his license was not in a current condition, accompanied by the total amount of unpaid renewal fees and penalties. (3) An individual whose license has lapsed due to nonpayment of the required renewal fee within three months of the due date is considered in the same category as a previously unlicensed person and, at the board's discretion, may be required to pass a written examination as a condition of relicensing. (B) The board may promulgate regulations that as a condition of renewal or relicensure, a professional engineer must demonstrate continuing professional competency in engineering and a professional surveyor must demonstrate continuing professional competency in surveying. Any continuing professional competency requirement does not apply to a professional engineer or professional surveyor who has been continuously licensed in this State since January 1, 1969. Emeritus engineers and emeritus surveyors are not required to meet continuing education requirements. (C) Emeritus engineers and emeritus surveyors who wish to return to active practice shall complete continuing education requirements for each exempted biennial renewal period not to exceed two renewal periods and shall submit applicable fees. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1995 Act No. 46, SECTION 1; 1976 Code SECTION 40-22-350.
S.C. Code Ann. § 40-6-235 — SC Code / Title 40 / Chapter 6 / Section 40-6-235
SECTION 40-6-235. Requirements for license as auction firm.
Status: in_force

(A) To be licensed as an auction firm, a business entity must: (1) submit an application on forms approved by the commission, along with the required fee; (2) provide the commission with an authorization by the South Carolina Secretary of State's office to transact business in this State; (3) if owned or managed by a: (a) licensed auctioneer, provide the commission with the name of the auctioneer and written evidence of the auctioneer's authority to make the decisions affecting the manner in which the firm does business; or (b) person not licensed as an auctioneer under this chapter, achieve a passing score on a written examination approved by the commission intended to demonstrate a thorough understanding of the law relating to the conduct of the auction business and other matters the commission considers appropriate. (B) A sole proprietorship is exempt from auction firm licensure, as provided for in subsection (A). (C) Licensed real estate brokers-in-charge and real estate firms are exempt from auction firm licensure, as provided for in subsection (A), if they employ a licensed auctioneer to handle those aspects of the transactions peculiar to the auctioneer profession. Editor's Note Prior Laws:1993 Act No. 155, SECTION 1; 1976 Code SECTION 40-6-85.
S.C. Code Ann. § 40-39-145 — SC Code / Title 40 / Chapter 39 / Section 40-39-145
SECTION 40-39-145. Hold orders.
Status: in_force

(A) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated or stolen, he shall deliver to the pawnbroker the relevant police report or case number pertaining to the property, and the pawnbroker shall release the property to the appropriate law enforcement agency for use in a criminal investigation or return the property to the identified innocent owner. A pawnbroker who releases the property to law enforcement must be listed as a statutory victim on all transmitted reports and case files. If at the conclusion of the criminal investigation no identifiable innocent owner is found, the property must be returned to the pawnbroker by the appropriate law enforcement agency. (B) The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding involving the property identified as stolen, the court additionally shall order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property. (C) When law enforcement seizes property pursuant to subsection (A), they shall hold the seized property for ten business days before releasing it to an innocent owner. During this ten business day period, a pawnbroker may file an action for claim and delivery of the seized property, provided it also shall serve notice of this action to the law enforcement agency. If no notice is received within this ten business day period, the law enforcement agency may release the property to an identified innocent owner. A law enforcement agency that receives notice shall hold the property during the pendency of the action. Effect of Amendment 2018 Act No. 191, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-3-310 — SC Code / Title 40 / Chapter 3 / Section 40-3-310
SECTION 40-3-310. Service of process on nonresident architect.
Status: in_force

(A) Service of a notice provided for by law upon a nonresident architect who has been admitted to the practice of architecture or upon a resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the administrator of the board a copy of the notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the administrator, addressed to the architect at his last known address. (B) The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending a proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The administrator shall keep a record of the day of the service of the notice and any accompanying documents. Editor's Note Prior Laws:1984 Act No. 503, SECTION 1; 1992 Act No. 446, SECTION 12; 1976 Code SECTION 40-3-170.
S.C. Code Ann. § 40-63-260 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-260
SECTION 40-63-260. Applicants licensed in another jurisdiction; licensure; equivalent designations recognized.
Status: in_force

(A) In order for a social worker currently licensed in another jurisdiction to obtain a license as a social worker in this State, the 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 baccalaureate, 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 presented to the board evidence that all social work licenses possessed by the applicant are current and in good standing; (7) have presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and (8) have paid all applicable fees specified by the board. (B) An applicant for licensure under this section is only eligible for licensure at the equivalent designation recognized in the jurisdiction in which he or she is currently licensed.
S.C. Code Ann. § 40-36-140 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-140
SECTION 40-36-140. 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 for in Section 40-1-140.
S.C. Code Ann. § 40-69-70 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-70
SECTION 40-69-70. Powers and duties.
Status: in_force

The board shall regulate the issuance of licenses and temporary licenses and shall discipline veterinarians and veterinary technicians in any manner authorized by this chapter. The powers and duties of this board include, but are not limited to: (1) determining the eligibility of applicants for examination and licensure; (2) examining applicants for licensure including, but not limited to: (a) prescribing the subjects, character, and manner of licensing examinations; (b) preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination. (3) establishing criteria for issuing, renewing, and reactivating authorizations to practice to qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created; (4) adopting the American Veterinary Medical Association Code of Professional Ethics and any additional standard of professional conduct the board deems appropriate; (5) evaluating and approving continuing education course hours and programs; (6) conducting hearings on alleged violations of this chapter and regulations promulgated under this chapter; (7) resolving consumer complaints, where appropriate and possible; (8) disciplining persons licensed under this chapter in a manner provided for in this chapter; (9) promulgating regulations which have been submitted to the Director of the Department of Labor, Licensing and Regulation at least thirty days in advance of filing with the Legislative Council pursuant to Section 1-23-30; (10) adopting and enforcing regulations for selling and dispensing prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws; and (11) adopting and enforcing regulations setting minimum standards for all facilities where veterinary medicine is practiced. Editor's Note Prior Laws:1962 Code SECTION 56-1557; 1974 (58) 2769; 1984 Act No. 457; 1993 Act No. 181, SECTION 949.
S.C. Code Ann. § 40-77-310 — SC Code / Title 40 / Chapter 77 / Section 40-77-310
SECTION 40-77-310. Activities not subject to chapter.
Status: in_force

This chapter does not prevent or affect the: (1) practice of another legally recognized profession or trade; (2) practice of a person not a resident of and having no established place of business in this State, practicing or offering to practice in this State the profession of geology, when the practice does not exceed in the aggregate the number of days approved by the board for a calendar year, if the person legally is qualified by registration to practice the profession in another state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter. The person shall apply to the board in writing and after payment of a fee established by the board may be granted a written permit for a definite period of time to do a specific job. However, no right to practice geology accrues to the applicant with respect to other work not set forth in the permit; (3) practice of a person not a resident of and having no established place of business in this State or who recently has become a resident of South Carolina, practicing or offering to practice geology in this State for the number of days approved by the board for a calendar year if the person files an application for registration and has paid the fee required, when the person legally is qualified by registration to practice geology in another state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter, and the practice may continue only for the time the board requires for the consideration of the application for registration; (4) work of an employee, or a subordinate, of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under item (2) or (3), if the work does not include final designs or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration issued pursuant to this chapter or a person practicing lawfully pursuant to item (2) or (3); (5) practice of officers and employees of the federal government while engaged within this State in the practice of geology for the federal government unless that practice contributes to or results in a state or federal permitted activity; (6) practice of teaching or research in geology in South Carolina colleges or universities, if the work is confined to teaching or research and does not affect the public as stated in Section 40-77-20(5).
S.C. Code Ann. § 40-1-60 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-60
SECTION 40-1-60. Officers of boards; meetings.
Status: in_force

(A) A board annually shall elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary. The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings. (B) A board shall meet at least two times a year and at other times upon the call of the chairman or a majority of the board. (C) A majority of the members of a board constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum. (D) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240.
S.C. Code Ann. § 40-8-20 — SC Code / Title 40 / Chapter 8 / Section 40-8-20
SECTION 40-8-20. Perpetual Care Cemetery Board; creation.
Status: in_force

For the purposes of administering this chapter, there is established a South Carolina Perpetual Care Cemetery Board with the power and duty to promulgate regulations, approved by the Director of the Department of Labor, Licensing and Regulation, to carry out this chapter as provided for by Section 40-1-10. Cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of a person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to this chapter.
S.C. Code Ann. § 40-13-370 — SC Code / Title 40 / Chapter 13 / Section 40-13-370
SECTION 40-13-370. 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 with the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-47-197 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-197
SECTION 40-47-197. Supervision of Certified Registered Nurse Anesthetist.
Status: in_force

The physician or dentist responsible for the supervision of a certified registered nurse anesthetist (CRNA) must be identified on the anesthesia record before administration of anesthesia.
S.C. Code Ann. § 40-11-320 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-320
SECTION 40-11-320. Construction managers; licensing requirements; complaint hearings; authority to assume role.
Status: in_force

(A) A construction manager shall hold a South Carolina license in one or more of the following professional classifications: (1) the general or mechanical contractor license classification and license group that would otherwise be applicable to a sole prime contractor working on the construction project; (2) a registered engineer pursuant to Chapter 21 of this title who meets the financial requirements set forth in Section 40-11-260 that would otherwise apply to a sole prime contractor working on the construction project. The proper financial statement must be submitted at any time when requested by the board. Failure to submit a proper financial statement is considered a violation of this chapter; (3) an architect pursuant to Chapter 3 who meets the financial requirements set forth in Section 40-11-260 that would otherwise apply to a sole prime contractor working on the construction project. The proper financial statement must be submitted at any time when requested by the board. Failure to submit a proper financial statement is considered a violation of this chapter. (B) An architect or engineer licensed in South Carolina who is monitoring the execution of design plans or who is performing as an on-site representative for construction quality control or quality assurance, or both, for a project owner is not a construction manager for the purposes of this section. (C) An entity seeking registration as a construction manager shall file an application with the department designating one license being used to qualify for the practice of construction management pursuant to the requirements of this chapter. Complaints filed against construction managers who have qualified themselves as architects or engineers must be referred by the department to the appropriate board having jurisdiction over them. Those boards may impose disciplinary action and civil penalties as set forth in this chapter, or as otherwise provided by law. All other complaints filed against construction managers with a general contractor's license designation must be heard by the board and disciplinary action must be brought pursuant to this chapter. An entity's authority to practice as a construction manager may be revoked or suspended without other effect to the license held by that entity. (D) The authority to assume the role of construction manager is granted to an entity holding a general or mechanical contractor's license or an architect's license or engineer's registration pursuant to the laws of this State. This authority does not permit architects and engineers to assume the role of general or mechanical contractors as defined in Section 40-11-20 unless properly licensed pursuant to this chapter. Construction managers may not perform design work themselves unless properly licensed as an architect or professional engineer. Entities performing construction themselves or holding construction contracts in their own name must be treated as general contractors or mechanical contractors, as appropriate, rather than construction managers for the purposes of this chapter, and must be licensed pursuant to the requirements of this chapter to perform that work. Construction managers may hire or terminate the various design professionals and prime contractors with the direction and approval of an owner. Effect of Amendment 2023 Act No. 69, SECTION 12, in (C), in the first sentence, substituted "seeking registration as a construction manager shall file an application" for "acting as a construction manager shall file a letter"; and made a nonsubstantive change.
S.C. Code Ann. § 40-47-710 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-710
SECTION 40-47-710. Acupuncture Advisory Committee; membership; terms; filling vacancies; removal of members; meeting schedule; officers.
Status: in_force

(A) There is established the Acupuncture Advisory Committee to be composed of five members to be appointed by the Board of Medical Examiners for terms of four years and until their successors are appointed and qualify. Three members must be licensed to practice acupuncture under this article; one of whom has practiced acupuncture for a minimum of three years; one member must be licensed to practice medicine under this chapter and may be an acupuncturist; and one member must be from the State at large. The advisory committee members shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions and have such responsibilities as provided for in this article and as the board may determine. (B) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. No member may serve more than two full four-year terms consecutively but may be eligible for reappointment four years from the date the last full four-year term expired. (C) The committee shall meet at least two times yearly and at other times as may be necessary. Four members constitute a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year. (D) The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law.
S.C. Code Ann. § 40-51-57 — SC Code / Title 40 / Chapter 51 / Section 40-51-57
SECTION 40-51-57. Preceptorships and residency programs.
Status: in_force

(A) In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association. (B) The board may issue limited licenses to podiatrists participating in approved preceptorship or residency programs.