S.C. Code Ann. § 40-2-20 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-20
SECTION 40-2-20. Definitions.
Status: reserved

As used in this chapter: (1) "AICPA" means the American Institute of Certified Public Accountants or successor organizations. (2)(a) "Attest" means providing the following services: (i) any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (ii) any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); (iii) any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); (iv) any engagement to be performed in accordance with Public Company Accounting Oversight Board (PCAOB) Auditing Standards; or (v) any examination, review, or agreed upon procedure to be performed in accordance with the SSAE, other than an examination described in subsubitem (iii). (b) Any standards specified in this definition shall be adopted by reference by the board pursuant to rulemaking and shall be those developed for general application by national accountancy organizations, such as the AICPA or the PCAOB. (3) "Board" means the South Carolina Board of Accountancy. (4) "Client" means a person or entity that agrees with a licensee or licensee's employer to receive any professional service. (5) "Client records" means those accounting records or other records provided by a client or removed from a client's premises, including hardcopy and electronic reproductions of records, that belong to the client and that were provided to a certified public accountant, public accountant, or accounting practitioner by, or on behalf of, the client. (6) "Compilation" means providing a service of any compilation engagement to be performed in accordance with SSARS. (7) "CPA-prepared records" means accounting or other records that a licensee or firm was not specifically engaged to prepare and that are not in a client's books and records or are otherwise not available to the client, which render the client's financial or tax information incomplete. Examples include adjusting, closing, combining, and consolidating journal entries, including computations supporting journal entries; depreciation schedules and supporting schedules; and documents that were proposed or prepared as part of an engagement. (8) "CPA work papers" are all other records created in the course of an engagement that are not client records, CPA work products or CPA-prepared records. (9) "CPA work products" are deliverables set forth in the terms of an engagement, such as tax returns. (10) "Department" means the Department of Labor, Licensing and Regulation. (11) "Direct" means the person supervised in the usual line of authority or is in a staff position reporting to the supervisor. (12) "Electronic files" means data files in a format created by software commonly available to the general public such as Adobe Acrobat, Microsoft Excel or Word, and consumer accounting programs. Electronic files do not include data files in a format created by proprietary software or software commonly unavailable to the general public. (13) "Experience" means providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills whether gained through employment in government, industry, academia, or public practice. (14) "Firm" means a sole proprietorship, a corporation, a partnership, or any other form of organization registered under this chapter. "Firm" includes a person or persons practicing public accounting in the form of a proprietorship, partnership, limited liability partnership, limited liability company, or professional corporation or association. (15) "Firm ownership" means one hundred percent of the partners, members, managers, shareholders, and equity owners in a firm, which must be owners. (16) "License" means authorization to practice as issued under this chapter. (17) "Licensee" means the holder of a license. (18) Reserved. (19) "NASBA" means the National Association of State Boards of Accountancy (20) "Non-CPA owner" means any owner in a firm who is not a currently licensed certified public accountant. (21) "Owner" means any person who owns all or part of a firm. (22) "Peer review" means a study, appraisal, or review of one or more aspects of the professional work of a licensee of the board or a firm registered with the board that performs attest or compilation services by a person or persons who hold certificates and who are not affiliated with the certificate holder or certified public accountant firm being reviewed. (23) "Practice of accounting" means: (a) issuing a report on financial statements of a person, firm, organization, or governmental unit or offering to render or rendering any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by a nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports; or (b) using or assuming the title "Certified Public Accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, electronic file, metadata tag, or any other device tending to indicate that the person is a certified public accountant. (24) "Preparation of financial statements" means any preparation of financial statements engagement to be performed in accordance with SSARS. (25) "Principal place of business" means the office location designated by a licensee for the purposes of substantial equivalency and reciprocity. (26) "Professional" means arising out of or related to the specialized knowledge or skills associated with licensees. (27) "Registration" means an authorization, issued under this chapter, to practice as a firm. (28) "Renewal due date" is February first of a licensing year. (29) '"Renewal lapse date" is a date fifteen days subsequent to the renewal date. (30) "Report", when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competency in accounting or auditing. This statement or implication of special knowledge or competency may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor. The term "report" includes any form of language which disclaims an opinion when the form of language is conventionally understood to imply positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competency on the part of the person or firm issuing such language, or both; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competency, or both. (31) "Resident manager" means a responsible party for a firm. (32) "State" means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that "this State" means the State of South Carolina. (33) Reserved. (34) "Supervision" means having jurisdiction, oversight, or authority over the practice of accounting and over the people who practice accounting. (35) "Uniform CPA Examination" means the Uniform Certified Public Accountant Examination as prepared by the AICPA. Effect of Amendment 2015 Act No. 51, SECTIONS 2.A, 2.B, 2.C, in (2), deleted "financial statement" before "services", and added (e); in (15)(a), deleted "on the financial statement" following "without the issuance of reports"; and in (17), substituted "any attest or compilation service" for "financial statements" and "reliability of the attested information or compiled financial statement" for "reliability of a financial statement" in the first sentence, and inserted "attested information or compiled" before "financial statements referred to" in the third sentence. 2019 Act No. 68, SECTION 2, rewrote (5). 2022 Act No. 174, SECTION 1, rewrote the section. 2025 Act No. 34, SECTION 1, in (2), made technical corrections. 2025 Act No. 34, SECTION 2, in (23)(b), substituted "electronic file, metadata tag, or any other device" for "or device". 2025 Act No. 34, SECTION 3, deleted (33). 2025 Act No. 34, SECTION 15, deleted (18).
S.C. Code Ann. § 40-11-430 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-430
SECTION 40-11-430. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
S.C. Code Ann. § 40-33-1355 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1355
SECTION 40-33-1355. Oversight, dispute resolution and enforcement.
Status: in_force

(A) Oversight. (1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. (2) The commission is entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the commission, and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules. (B) Default, technical assistance, and termination. (1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide: (a) written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and (b) remedial training and specific technical assistance regarding the default. (2) If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (3) Termination of membership in this compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. (4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (5) The commission may not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state. (6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. (C) Dispute resolution. (1) Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. (3) In the event the commission cannot resolve disputes among party states arising under this compact: (a) the party states may submit the issues in dispute to an arbitration panel, which must be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and (b) a decision of a majority of the arbitrators is final and binding. (D) Enforcement. (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies in this section are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Compact; effective date; withdrawal; agreements with nonparty state; amendment.
S.C. Code Ann. § 40-57-800 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-800
SECTION 40-57-800. Service of notice; continuance.
Status: in_force

(A) Service of a notice provided for by law upon a nonresident licensed under this chapter or upon a resident who, having been licensed, 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 providing a copy of the notice, and accompanying documents. A copy of the notice, accompanying documentation, and a certified copy of the service on the administrator must be mailed to the licensee at his last known address, return receipt requested. The administrator shall keep a record of the day of the service of the notice and the return receipt must be attached to and made part of the return of service of the notice by the commission. (B) A continuance may be given in a hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard. Effect of Amendment 2016 Act No. 170, SECTION 1, in (A), substituted "providing" for "leaving with the Director of the Department of Labor, Licensing and Regulation", substituted "accompanying documentation" for "any accompanying documents", and twice substituted "administrator" for "director". 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-81-330 — SC Code / Title 40 / Chapter 81 / Section 40-81-330
SECTION 40-81-330. Trainer licenses.
Status: in_force

In order to be licensed as a trainer, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-55-430 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-430
SECTION 40-55-430. Date of implementation; associated rules; withdrawal; amendments.
Status: in_force

(A) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. (B) Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (C)(1) Any compact state may withdraw from this compact by enacting a statute repealing the same. (2) A compact state's withdrawal shall not take effect until six months after enactment of the repealing statute. (3) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (D) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this compact. (E) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
S.C. Code Ann. § 40-79-110 — SC Code / Title 40 / Chapter 79 / Section 40-79-110
SECTION 40-79-110. Grounds for disciplinary action; responsible entity or individual; civil penalties; return of canceled or revoked license; reapplication; completion of work in process; revocation or suspension effective; dissolution of business; revocation of individual license classification; unlicensed owner receiving bids prohibited.
Status: in_force

(A) The board may impose disciplinary action authorized by this chapter and Section 40-1-110 or any regulation promulgated under this chapter, upon a licensee, branch office, qualifying party, or registered employee if found guilty of any of the following: (1) permitting an employee to engage in an alarm system business when not properly certified or registered as a qualifying party or registered employee; (2) wilfully failing or refusing to render service to a client as agreed between the parties and for which compensation has been paid and rendered in accordance with the agreement of the parties; (3) failing to maintain the required Certificate of Comprehensive General Liability Insurance; (4) obtaining a license or registration by fraud or deceit; (5) engaging negligence, incompetence, or misconduct in the practice of the alarm business profession; (6) abiding or abetting an unlicensed business or individual to evade the provisions of this chapter, Chapter 1, Title 40 or any regulation promulgated under this chapter; (7) abandoning a job or refusing to perform a job after submitting a contract on work without a legal or a valid excuse, as determined by the board, for the abandonment or refusal; (8) violating a provision of this chapter or a regulation promulgated under this chapter or any other applicable provision of law; (9) misrepresenting a material fact by an applicant in obtaining a license or certificate; (10) engaging in a wrongful or fraudulent act in the alarm business resulting in injury; (11) conviction of a felony or a crime involving moral turpitude, or pleading nolo contendere to any such offense. A "felony" includes an offense committed in another jurisdiction which, if committed in this State, is a felony; (12) failing to list any branch office with the department as required in this chapter; (13) failing to pay monies when due in excess of five hundred dollars for materials or services rendered in connection with the operation of the alarm business; (14) engaging or offering to engage in the alarm business or submitting a bid when not properly licensed or while a license is under suspension or in violation of a condition of probation; (15) failing to obtain a permit if required by a local or state government agency before engaging in a project; (16) failing to take appropriate corrective action to comply with the provisions of this chapter or any regulations promulgated under this chapter without valid justification within a reasonable period of time after receiving written directive; (17) failing to comply with an order of the board; (18) failing to work in accordance with engineering or architectural plans, industry specifications, or local or state building codes or ordinances; (19) failing to provide pertinent records and documents as requested by the department or board; (20) failing to comply with a directive of the department; (21) failing to notify the board of the end of employment of the licensee's qualifying party or registered employee within the applicable time or failing to obtain a substitute qualifying party; (22) allowing an individual to work in the licensee's alarm business who has access to a client's residence or business and cannot meet the criminal background check requirements of this chapter; (23) committing a wrongful or fraudulent act as a contractor, including the failure to pay subcontractors or suppliers after drawing payment for work or materials performed or provided by those subcontractors or suppliers; or (24) committing three or more violations of this chapter or regulations promulgated under this chapter within a three-year period; however, if more than one violation was committed during the course of a single project, these multiple violations must be treated for the purpose of this paragraph as one offense. (B) Disciplinary action may be taken against an entity or individual that the board determines to be responsible for violations for this chapter regardless of changes in corporate identity or federal employer identification subsequent to the violation. In determining responsibility, the board may consider, but is not limited to, the following criteria: (1) an individual's participation in management or supervision related to the violation; and (2) an individual's position as sole proprietor, partner, officer, qualifying party, or registered employee. (C) The board may, in addition to all other disciplinary actions, require a licensee, certificate holder, or other entity or individual to pay a civil penalty of up to five thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter and may order unlicensed contractors to cease and desist from violating a provision of this chapter. (D) Upon presentation to the court of common pleas by the department of an affidavit for non-payment of an administrative penalty under a citation which is a final order pursuant to Section 40-79-100 or a civil penalty assessed by the board pursuant to subsection (C), the court shall issue an order for judgment to be filed in the office of the clerk of court. (E) A license or certificate that is canceled by the department or revoked by the board must be returned to the department within fifteen days of notification by the department. (F) No sooner than one year after revocation of any license or certificate by the board, the entity or individual that held that license or certificate may apply for another. The applicant must meet all requirements for initial licensure or certification and must appear before the board to present evidence that his practice will not unreasonably endanger the public. (G) If the department cancels a license, the licensee must apply for initial licensure. (H) The licensee may complete work in progress if the licensee's license is suspended, canceled, or revoked; however, no new work may be bid or started after suspension or revocation of a license upon proper notification by the department. (I) Unless otherwise directed by the board, the suspension, cancellation, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act. (J) If a licensee's business is dissolved, for whatever reason, the department shall cancel that license. (K) The board may revoke, suspend, or restrict an individual license classification without effect to other license classifications. (L) It is a violation of this chapter for an awarding authority, owner, contractor, or his agent to receive or consider any bids unless the bidder has first obtained the licenses required by this chapter. Editor's Note Prior Laws:1986 Act No. 512, SECTION 10; 1987 Act No. 175, SECTION 9; 1976 Code SECTION 40-79-100.
S.C. Code Ann. § 40-23-220 — SC Code / Title 40 / Chapter 23 / Section 40-23-220
SECTION 40-23-220. Severability.
Status: in_force

The severability provisions of Section 40-1-220 apply to any determination that a provision of this chapter, or the application of a provision of this chapter to a person or circumstance, is invalid.
S.C. Code Ann. § 40-75-240 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-240
SECTION 40-75-240. Associate licenses.
Status: in_force

A professional counselor associate license, marriage and family therapy associate license, or addiction counselor associate license must be issued to an applicant who has satisfied the educational requirements, as specified by the board in regulation, for licensure but who has not yet completed the supervision or experience requirements and has passed the examination required for licensure. An associate who has not completed the requirements for licensure within two years may apply to the board for an extension. Effect of Amendment 2018 Act No. 249, SECTION 11, in the first sentence, substituted "associate license, marriage and family therapy associate license, or addiction counselor associate license" for "intern or marriage and family therapy intern license", and in the second sentence, substituted "associate" for "intern".
S.C. Code Ann. § 40-37-160 — SC Code / Title 40 / Chapter 37 / Section 40-37-160
SECTION 40-37-160. 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 of Title 40.
S.C. Code Ann. § 40-39-50 — SC Code / Title 40 / Chapter 39 / Section 40-39-50
SECTION 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.
Status: in_force

(A) A person seeking a certificate of authority to carry on the business of a pawnbroker shall at the time of application for his certificate file with the Department of Consumer Affairs: (1) a bond in favor of the department to be executed by the person granted the certificate by a surety company licensed to do business in this State in the penal sum of fifteen thousand dollars to be approved by the administrator. The bond must be conditioned for the faithful performance of the duties and obligations pertaining to the business so authorized; and (2) proof of adequate insurance coverage for all pledged goods in the event of loss by fire, theft, burglary or otherwise, or liability to the pledgor. (B) Within twenty-one calendar days after the occurrence of an event that may affect pledged goods, including, but not limited to, fire, theft, or judicial proceedings, a pawnbroker shall file a written notice on a form prescribed by the department describing the event and its expected impact upon the business. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1749; Civ. C. '12 SECTION 2625; Civ. C. '22 SECTION 3946; 1932 Code SECTION 7130; 1942 Code SECTION 7130; 1952 Code SECTION 56-1155; 1962 Code SECTION 56-1155. Effect of Amendment 2016 Act No. 262, SECTION 8, inserted the paragraph designators; in (A), substituted "A person" for "Every person"; in (A)(1), substituted "by" for "and by two responsible sureties or", substituted "fifteen thousand dollars" for "five thousand dollars", and deleted the prior last three sentences, relating to evidence of financial responsibility; added (A)(2) and (B), relating to insurance and written notice of an event that may affect pledged goods; and made other nonsubstantive changes.
S.C. Code Ann. § 40-5-330 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-330
SECTION 40-5-330. Attorney may not argue more than two hours without court permission.
Status: in_force

No attorney, solicitor or counsellor shall be allowed to occupy more than two hours of the time of the court in the argument of any cause, unless he shall first obtain the special permission of the court to do so.
S.C. Code Ann. § 40-47-1720 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1720
SECTION 40-47-1720. Promulgation of regulations; establishment of Athletic Trainers' Advisory Committee.
Status: in_force

(A) The board, with the advice of the Athletic Trainers' Advisory Committee, must develop standards and promulgate regulations to implement the provisions of this article and for the improvement of athletic training services in this State. This includes the authority to unify and set the biennial renewal date of licenses. All administrative responsibility for this program is vested in the board. (B)(1) An Athletic Trainers' Advisory Committee is created consisting of nine members appointed by the board. Two members must be physicians who are licensed to practice in South Carolina, five must be licensed athletic trainers, and two must be members of the general public who are not certified or licensed in any health care field and are not connected in any way with athletic trainers. Of the two physician members, at least one must regularly supervise an athletic trainer. (2) Membership on the committee is by appointment by the board. The members appointed shall serve four-year terms and until their successors are appointed and qualify, except that the initial terms of two ATs, one consumer member, and one physician are for two years. Vacancies on the committee must be filled in the same manner of the original appointment for the unexpired portion of the term. Members may succeed themselves; however, no member may serve more than two consecutive terms or eight continuous years, whichever is greater, but he is eligible for reappointment four years from the date that the last full four-year term expires. (3) The committee must meet at least once each year to review the standards and regulations for improving athletic training services and to make recommendations to the board.
S.C. Code Ann. § 40-30-10 — SC Code / Title 40 / Chapter 30 / Section 40-30-10
SECTION 40-30-10. Purpose.
Status: in_force

The General Assembly recognizes that the practice of massage therapy is potentially harmful to the public in that massage therapists must have a knowledge of anatomy, kinesiology, and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage therapy is therapeutic, and regulations are necessary to protect the public from unqualified massage therapists and unsafe establishments. It is, therefore, necessary in the interest of public health, safety, and welfare to regulate the practice of massage therapy and the operation of massage therapy establishments and sole practitioner establishments in this State. However, restrictions must be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters must be afforded to the public through legal remedies provided for in this chapter. Editor's Note Prior Laws: Former SECTION 40-30-10 was titled Short title, and had the following history: 1986 Act No. 467, SECTION 3; 1996 Act No. 387, SECTION 1. Effect of Amendment 2022 Act No. 151, SECTION 2, in the first sentence, substituted "massage therapy" for "massage/bodywork" and "massage therapists" for "massage/bodywork therapists", in the second sentence, substituted "Massage therapy" for "Massage/bodywork" and "unqualified massage therapists and unsafe establishments" for "unqualified practitioners", in the third sentence, substituted "massage therapy and the operation of massage therapy establishments and sole practitioner establishments" for "massage/bodywork", and made a nonsubstantive change in the fourth sentence.
S.C. Code Ann. § 40-60-110 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-110
SECTION 40-60-110. Grounds for denying license or taking disciplinary action.
Status: in_force

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an appraiser who: (1) fails to meet the minimum qualifications for a license or certification established by or pursuant to this chapter; (2) procures or attempts to procure a license or certification by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board, or procures or attempts to procure a license or certification through fraud or misrepresentation; (3) performs an act in the practice of real estate appraising that constitutes dishonest, fraudulent, or improper conduct; (4) engages in the business of real estate appraising under an assumed or fictitious name; (5) pays a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State; (6) makes a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) violates the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) violates any of the standards for the development or communication of real estate appraisals as set forth in this chapter or regulations promulgated pursuant to this chapter; (9) fails or refuses without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) exhibits negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) accepts an independent appraisal assignment or valuation assignment when the employment itself or fee to be paid was contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, opinion, or conclusion or upon the award, recovery, or consequences resulting from the appraisal assignment; (12) fails to retain records in accordance with this chapter or regulations promulgated pursuant to this chapter; (13) fails upon reasonable request of an investigator of the board to make all records required to be maintained under this chapter available to the board for inspection and copying by the board or fails to appear upon reasonable request for an interview with an investigator of the board; (14) demonstrates bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner so as to endanger the interests of the public; (15) performs or attempts to perform any real estate appraisal activity on property located in another state without first having complied with that state's laws regarding real estate appraisal activity; (16) performs or attempts to perform, if licensed or certified as a mass appraiser, any appraisal other than those for ad valorem tax purposes and directly related to the assessor office employment duties of the mass appraiser, unless assisting and supervised by a nonmass-certified appraiser; (17) has been convicted of or pleaded guilty or nolo contendere to a felony relating to the practice of appraisal, banking, mortgage lending, or the provision of financial services, or a crime involving fraud or misrepresentation; (18) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime provided for in item (17); (19) has had a license to practice a regulated profession or occupation in this State, another state or jurisdiction canceled, revoked, suspended, or otherwise disciplined; (20) issues a check to the board that is returned for insufficient funds or closed account; (21) fails to comply with or obey a final order of the board or has failed to comply with an order, subpoena, or directive of the board or department; (22) violates any provision of this chapter or any regulation promulgated under this chapter; (23) has knowingly performed an act that in any way assists an unlicensed person to practice; (24) has failed to cooperate with an investigation or other proceeding of the board; (25) has failed to appear before the board after receiving a formal notice to appear. Effect of Amendment 2024 Act No. 196, SECTION 14, in (1), substituted "a license" for "a permit, license,"; in (2), substituted "a license" for "a permit, license," in two places; in (8), substituted "set forth in this chapter or regulations promulgated pursuant to this chapter" for "promulgated by the board in regulation"; in (16), inserted ", unless assisting and supervised by a nonmass-certified appraiser" at the end; and rewrote (17).
S.C. Code Ann. § 40-1-200 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-200
SECTION 40-1-200. Unlawful practice.
Status: in_force

A person who practices or offers to practice a regulated profession or occupation in this State in violation of this article 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.
S.C. Code Ann. § 40-47-1750 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1750
SECTION 40-47-1750. Reciprocity with other states.
Status: in_force

A license may be issued to any qualified athletic trainer holding a license in any other state if such other state recognizes the license of this State in the same manner.
S.C. Code Ann. § 40-2-600 — SC Code / Title 40 / Chapter 2 / Article 3 / Section 40-2-600
SECTION 40-2-600. Formation of legal entities between certified public accountants, public accountants, and accounting practitioners.
Status: in_force

Nothing contained in this article may be construed to prohibit the formation of legal entities by and between certified public accountants, public accountants, and accounting practitioners if all members or shareholders of the legal entities and all resident managers of offices of the legal entities are licensed under this chapter as certified public accountants or public accountants or are properly licensed under Article 3 of this chapter as accounting practitioners and if the partnerships apply for an annual permit in the manner prescribed in this article for other partnerships. The composition of the ownership of a legal entity will determine whether the entity is subject to the additional restrictions imposed by Article 1 of this chapter. Effect of Amendment 2022 Act No. 174, SECTION 1, rewrote the section.
S.C. Code Ann. § 40-25-130 — SC Code / Title 40 / Chapter 25 / Section 40-25-130
SECTION 40-25-130. Content of examination.
Status: in_force

The qualifying examination in Section 40-25-110 must be designated to demonstrate the applicant's adequate technical qualifications by: (1) tests of knowledge in the following areas as they pertain to the practice of specializing in hearing aids: (a) basic physics of sound; (b) anatomy and physiology of the ear; (c) function of hearing aids; (2) practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids: (a) pure tone audiometry, including air conduction testing and bone conduction testing; (b) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; (c) masking when indicated; (d) recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid; (e) taking earmold impressions.
S.C. Code Ann. § 40-75-530 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-530
SECTION 40-75-530. Application procedures; qualifications.
Status: in_force

An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant: (1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation: (a) a master's degree plus thirty hours; (b) a sixty hour master's degree; (c) a specialist's degree, which must require sixty semester hours or ninety quarter hours; or (d) a doctorate in school psychology; (2) is certified by the South Carolina Department of Education as a school psychologist level II or III; (3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a licensed psycho-educational specialist; (4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
S.C. Code Ann. § 40-80-60 — SC Code / Title 40 / Chapter 80 / Section 40-80-60
SECTION 40-80-60. Notification of separation or becoming inactive.
Status: in_force

If a firefighter becomes separated from employment or membership or becomes inactive, the fire chief or other employer within sixty days must notify the Office of the State Fire Marshal of the firefighter's separation or inactive status. Notification of separation of a firefighter from employment must be on a form as provided by the Office of the State Fire Marshal.
S.C. Code Ann. § 40-60-5 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-5
SECTION 40-60-5. Citation and application of chapter; conflict with Article 1, Chapter 1, Title 40.
Status: in_force

(A) This chapter may be cited as the "South Carolina Real Estate Appraiser License and Certification Act". (B) Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to real estate appraisers; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1.
S.C. Code Ann. § 40-18-140 — SC Code / Title 40 / Chapter 18 / Section 40-18-140
SECTION 40-18-140. Exceptions from application of chapter.
Status: in_force

This chapter does not apply to: (1) an officer or employee of the federal government, or of this State or a political subdivision of either, excluding school districts, or of a municipal corporation while the employee or officer is engaged in the performance of official duties; (2) a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act, when gathering, processing, or reporting information directly related to a credit rating or credit status; (3) an attorney-at-law while in the performance of his duties; or (4) a person, as defined by Section 38-1-20(29), licensed or authorized by the Director of Insurance to transact business within the State, when performing duties directly related to that license or authorization. Effect of Amendment 2025 Act No. 36, SECTION 4, in (1), inserted "excluding school districts,".
S.C. Code Ann. § 40-5-350 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-350
SECTION 40-5-350. Soliciting legal business unlawful.
Status: in_force

It is unlawful for a person or his agent, employee, or anyone acting on his behalf to: (1) solicit or procure through solicitation, either directly or indirectly, legal business; or (2) solicit or procure through solicitation a retainer, written or oral, or an agreement authorizing an attorney to perform or render legal services. A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
S.C. Code Ann. § 40-57-10 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-10
SECTION 40-57-10. South Carolina Real Estate Commission created; purpose.
Status: in_force

There is created the South Carolina Real Estate Commission under the administration of the Department of Labor, Licensing and Regulation. The purpose of this commission is to regulate the real estate industry so as to protect the public's interest when involved in real estate transactions. Effect of Amendment 2016 Act No. 170, SECTION 1, reenacted the section with no change. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-63-220 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-220
SECTION 40-63-220. Licensure requirements; Baccalaureate Social Worker.
Status: in_force

To be licensed as a Baccalaureate Social Worker, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a baccalaureate 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 approved by the board; (5) have successfully passed an examination prescribed by the board; (6) have paid all applicable fees specified by the board.
S.C. Code Ann. § 40-41-40 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-40
SECTION 40-41-40. Sale of medicines and the like from place to place without license unlawful.
Status: in_force

It shall be unlawful for any person to travel as a hawker or peddler from place to place in this State and to sell or offer for sale any medicine, drug or compound to be used as a curative without first paying to the clerk of court in each county in which such person seeks to sell such medicine, drug or compound a fee of one hundred dollars for the use of such county and procuring from him a license permitting such person to sell such medicine, drug or compound within such county. Such license shall be good for twelve months from the date thereof. The license fee herein provided for shall be payable fifty dollars at the time of issuance of such license and fifty dollars six months from the date of such license. Upon the payment of the initial fifty dollars such licensee shall be permitted to sell the articles mentioned for a period of six months.
S.C. Code Ann. § 40-39-40 — SC Code / Title 40 / Chapter 39 / Section 40-39-40
SECTION 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.
Status: in_force

(A) No pawnbroker may charge or collect any fees, costs, or assessments of any kind or nature other than those specifically allowed under this chapter. (B) A person who makes a pawn transaction in violation of this chapter: (1) may not collect, receive, or retain any interest or charges on the loan in violation of this chapter; and (2) has no right to possess the pledged goods. Effect of Amendment 2016 Act No. 262, SECTION 7, inserted paragraph designator (A), and added (B), relating to violative pawn transaction ramifications.
S.C. Code Ann. § 40-53-100 — SC Code / Title 40 / Chapter 53 / Section 40-53-100
SECTION 40-53-100. Nonresident applicants.
Status: in_force

(a) Each nonresident applicant for an original license or a renewal license shall file with the Division an irrevocable consent that actions against such applicant may be filed in any appropriate court of any county of this State in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the Division. Such consent shall stipulate and agree that such service shall be valid and binding for all purposes. The Division shall send one copy of the process to the applicant at the address shown on the records of the applicant by registered or certified mail. (b) Nonresident applicants must satisfy the requirements of SECTION 40-51-70.
S.C. Code Ann. § 40-30-100 — SC Code / Title 40 / Chapter 30 / Section 40-30-100
SECTION 40-30-100. Practice without license.
Status: in_force

(A) No person may practice or offer to practice massage therapy without a license issued in accordance with this chapter; however, a person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of massage therapy is not also required to be licensed under this chapter unless the person holds himself out to be a massage therapist. (B) Unless otherwise exempt from licensure, no person or entity may open, operate, maintain, use, or advertise as a massage therapy establishment or a sole practitioner establishment without obtaining a massage therapist license, massage therapy establishment license, or sole practitioner establishment license, as applicable, pursuant to this chapter. (C) Nothing in this chapter may be construed to authorize an individual or establishment licensed under this chapter to practice physical therapy or chiropractic or to utilize chiropractic therapeutic modalities except where the scope of practice for massage therapy, as provided for in this chapter, overlaps with the practice of physical therapy or chiropractic. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-35-170 — SC Code / Title 40 / Chapter 35 / Section 40-35-170
SECTION 40-35-170. Payment of investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-15-320 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-320
SECTION 40-15-320. Possession of prosthetic or orthodontic model, impression, or appliance without work authorization as prima facie evidence of violation.
Status: in_force

Any dental prosthetic or orthodontic model, impression, or appliance in the possession of any person other than a dentist, a student at an accredited dental school, or recipient patient without a written work authorization and corresponding number or identification on the model, impression, or appliance must be impounded by the board and is prima facie evidence of violation of this chapter. Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises.
S.C. Code Ann. § 40-15-170 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-170
SECTION 40-15-170. Reregistration; effect of foreign revocations.
Status: in_force

The secretary of the board shall on or about the fifteenth day of October of each year send a reregistration application to the last address furnished the board of each person licensed or registered by the board. The failure to receive the application does not excuse a failure to reregister, as required by this chapter. An annual registration fee, to be set by the board, shall cover fully all costs and is payable by each licensed dentist and dental hygienist and each registered dental technician not later than the thirty-first of December. In setting the license fees for the year 1987-88, the board must set the license fees for each classification so that in the aggregate the revenues generated from all license fees for the year will equal one hundred fifteen percent of its total expenditures during the previous year. If reregistration is not completed by the thirty-first of December, the fee must be doubled. If the licensee or dental technician fails to reregister by the thirty-first of January of the following year, the secretary of the board shall notify the licensee or dental technician by registered mail at his last known address that failure to reregister by the first of March will result in the license or registration expiring as of the first of March. After the thirty-first of January, an additional five dollar penalty is added each day until the reregistration fee is paid. Any expired license may be reinstated or any dental technician may be reregistered by taking the licensure or dental technician examination or appearing in person before the board with a satisfactory explanation for the failure to reregister. An orthodontic technician may be reregistered by submitting a completed application or appearing in person before the board with a satisfactory explanation for the failure to reregister. It is the responsibility of each licensee or dental technician to keep the office of the secretary notified of his current mailing address. If an individual's license to practice dentistry or dental hygiene is revoked by another state for cause this shall, in the discretion of the board, constitute grounds for revocation of his South Carolina license. The license of a dentist or dental hygienist who does not either reside or practice in South Carolina for a period of six successive years is considered inactive. The time spent in active service by any person in the armed forces or public health service of the United States or with the Veterans' Administration is not construed as absence from or failure to practice in the State. Relicensing after an absence of over six years may be made at the discretion of the board upon proof of high professional fitness and moral character.
S.C. Code Ann. § 40-75-800 — SC Code / Title 40 / Chapter 75 / Article 5 / Section 40-75-800
SECTION 40-75-800. Out-of-state counselors and related therapists authorized.
Status: in_force

(A) For purposes of this chapter, "behavioral telehealth" means the practice of professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialty using electronic communications, information technology, or other means between a registrant located outside this State and a client located in this State with or without an intervening practitioner. A behavioral telehealth provider has the duty to practice in a manner consistent with his scope of practice and the prevailing professional standard of practice for a behavioral health care professional who provides in-person professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialist services to clients in this State. (B) Individuals who hold an active license to provide professional counseling, addiction counseling, marriage and family therapy, and licensed psycho-educational specialist services in another state or jurisdiction may provide these services using behavioral telehealth to a client located in this State if the individual is registered with the board and provides the services within the applicable scope of practice established by this State. (C) To be registered, the individual must: (1) complete an application in the format prescribed by the board; (2) be licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued by South Carolina to a professional counselor, addiction counselor, marriage and family therapist, or licensed psycho-educational specialist; (3) have not been the subject of disciplinary action relating to his license during the five-year period immediately prior to the submission of the application; and (4) pay a ten-dollar fee. (D) The website of a behavioral telehealth registrant must prominently display a hyperlink to the board's website containing information required under subsection (F). (E) The individual may not register under this subsection if his license to provide professional counseling, addiction counseling, marriage and family therapy, or licensed psycho-educational specialist services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. An individual registered under this section must notify the board of restrictions placed on his license to practice or any disciplinary action taken or pending against him in any state or jurisdiction. The notification must be provided within five business days after the restriction is placed or disciplinary action is initiated or taken. (F) The board shall publish on its website a list of all registrants and include, to the extent applicable, each registrant's: (1) name; (2) address; (3) out-of-state professional license type with the license number; and (4) South Carolina behavioral telehealth registration number. (G) The board may take disciplinary action against an out-of-state registrant registered under this section if the individual: (1) fails to notify the board of any adverse actions taken against his license as required under subsection (E); (2) has restrictions placed on or disciplinary action taken against his license in any state or jurisdiction; (3) violates any of the requirements of this section; or (4) commits any act that constitutes grounds for disciplinary action under the board's statutes or regulations. (H) For the purposes of this section, the delivery of behavioral telehealth services by a registrant licensed by another state or jurisdiction to a client residing in this State is deemed to occur in this State, and the registrant consents, as a condition of registration, to the personal and subject matter jurisdiction and disciplinary authority of the board. (I) Nothing in this section requires or authorizes an individual licensed by this State pursuant to this chapter to obtain a behavioral telehealth registration in order to provide behavioral telehealth services to a client residing in this State.
S.C. Code Ann. § 40-56-240 — SC Code / Title 40 / Chapter 56 / Section 40-56-240
SECTION 40-56-240. Wholesale licenses; display fireworks.
Status: in_force

(A) A person may not store display fireworks in this State unless the person has obtained a wholesale license from the board. (B) Only licensed wholesalers shall sell or provide fireworks for displays. (C) All buildings and structures used to store display fireworks must meet regulations established by the board. (D) These license holders also must comply with U.S. Bureau of Alcohol, Tobacco, and Firearms regulations.
S.C. Code Ann. § 40-41-220 — SC Code / Title 40 / Chapter 41 / Article 3 / Section 40-41-220
SECTION 40-41-220. Encamping and trading in animals or commodities by nomadic individuals without license unlawful.
Status: in_force

It is unlawful for any nomadic individual, or bands of nomads, to encamp or to trade horses, mules, or other animals or commodities within any county of this State, without first obtaining a license from the clerk of the court. The license fee is three hundred dollars. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.
S.C. Code Ann. § 40-57-60 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-60
SECTION 40-57-60. Powers and duties of commission.
Status: in_force

(A) The commission shall administer and enforce this chapter and regulations promulgated under this chapter. In addition to powers contained in Section 40-1-70, the powers and duties include, but are not limited to: (1) determining the standards for the qualifications and eligibility of applicants for licensure, the qualifications of education providers and instructors, and the conditions for initial license issuance and license renewal; (2) conducting disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation; (3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection, safety, and welfare of the public; and (4) establishing a fee schedule. (B) The commission may not be involved in a resolution of disputes between licensees over the payment or division of a commission or fee. (C) The commission staff shall conduct periodic inspections of the offices of licensees to assist with and ensure compliance with this chapter. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in (A)(1), inserted "initial license issuance and".
S.C. Code Ann. § 40-10-170 — SC Code / Title 40 / Chapter 10 / Section 40-10-170
SECTION 40-10-170. Investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-23-40 — SC Code / Title 40 / Chapter 23 / Section 40-23-40
SECTION 40-23-40. Purpose of board.
Status: in_force

The purpose of the Environmental Certification Board is to protect the general public through the regulation of persons engaged in occupations appointed by the legislature for regulation by the board. These occupations are referred to in this chapter, collectively, as "environmental systems operators".
S.C. Code Ann. § 40-79-270 — SC Code / Title 40 / Chapter 79 / Section 40-79-270
SECTION 40-79-270. Restrictions on use of license.
Status: in_force

(A) No licensee may conduct an alarm business under a name other than the name that appears on the license. (B) Any licensed alarm business may be a subcontractor to another licensed alarm business who has the contract with a client to engage in alarm work. (C) No license, certificate, or registration can be used by or loaned to another entity or individual.
S.C. Code Ann. § 40-47-37 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-37
SECTION 40-47-37. Practice of telemedicine, requirements.
Status: in_force

(A) A licensee who provides care, renders a diagnosis, or otherwise engages in the practice of medicine as defined in Section 40-47-20(36) via telemedicine as defined in Section 40-47-20(53) shall: (1) adhere to the same standard of care as in-person medical care and be evaluated according to the standard of care applicable to the licensee's area of specialty. The failure of a licensee to conform to the appropriate standard of care is considered unprofessional conduct under Section 40-47-110(B)(9); (2) generate and maintain medical records for such telemedicine services in compliance with any applicable state and federal laws, rules, and regulations including this chapter, the Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (HITECH). Such records timely must be made accessible to other practitioners and to the patient when lawfully requested by the patient or his lawfully designated representative; (3) prescribe in accordance with Section 40-47-113; (4) be licensed to practice medicine in this State; provided, however, a licensee need not reside in this State if he has a valid, current South Carolina medical license; further, provided, that a licensee who resides in this State and intends to practice medicine via telemedicine to treat or diagnose patients outside of this State shall comply with other applicable state licensing boards; and (a) this requirement is not applicable to an informal consultation or second opinion, at the request of a physician licensed to practice medicine in this State, provided that the physician requesting the opinion retains the authority and responsibility for the patient's care; and (b) where an in-person physician-patient relationship is established in another state for specialty care and treatment is ongoing by that out-of-state provider, care provided pursuant to an existing treatment plan via telehealth in this State by the out-of-state provider between in-person visits is considered acts incidental to the care of the patient in another state and the out-of-state provider is not required to be licensed in this State. This exception may not be construed to apply to: (i) episodic care that is provided by an out-of-state provider; (ii) new health conditions that arise and are not connected to the condition being treated by the out-of-state provider; or (iii) care provided by an out-of-state provider for extended periods of time without intervening in-person visits; and (c) for purposes of subitems (a) and (b), the care provided to the patient by the out-of-state provider is deemed to have occurred where the patient was located at the time health care services were provided to him by means of telehealth; and (d) shall maintain a controlled substances registration with South Carolina's Bureau of Drug Control if prescribing controlled substances. (B) Nothing in this section may be construed to prohibit electronic communications between: (1) a physician and patient with a preexisting physician-patient relationship; (2) a physician and another physician concerning a patient with whom the other physician has a physician-patient relationship; or (3) a provider and a patient when treatment is provided pursuant to an on-call situation or a cross-coverage situation. (C) In addition to those requirements set forth in subsection (A), a licensee who establishes and/or maintains a physician-patient relationship, provides care, renders a diagnosis, or otherwise engages in the practice of medicine as defined in Section 40-47-20(36) solely via telemedicine as defined in Section 40-47-20(53) shall: (1) adhere to current standards for practice improvement and monitoring of outcomes and provide reports containing such information upon request of the board; (2) provide an appropriate evaluation prior to diagnosing and/or treating the patient, which need not be done in person if the licensee considers that he is able to accurately diagnose and treat the patient in conformity with the applicable standard of care via telehealth; provided that evaluations in which a licensee is at a distant site, but a practitioner who is acting within his scope is able to provide various physical findings the licensee needs to complete an adequate assessment, is permitted; (3) ensure the availability of appropriate follow-up care; (4) verify the identity and location of the patient and inform the patient of the licensee's name, location, and professional credentials; (5) maintain the confidentiality of a patient's records and disclose the records to the patient consistent with state and federal law; provided, that licensees practicing telemedicine must be held to the same standards of professionalism concerning medical records transfer and communication with the primary care provider and medical home as licensees practicing via traditional means; (6) if applicable, discuss with the patient the value of having a primary care medical home and, if the patient requests, provide assistance in identifying available options for a primary care medical home; (7) prescribe in compliance with all relevant federal and state laws including, but not limited to, participation in the South Carolina Prescription Monitoring Program in Article 15, Chapter 53, Title 44 and the Ryan Haight Act, within a practice setting fully compliant with this section, and subject to the following limitations: (a) at each encounter, threshold information necessary to make an accurate diagnosis must be obtained in a medical history interview conducted by the prescribing licensee; (b) Schedule II-narcotic and Schedule III-narcotic prescriptions are not permitted except in the following instances: (i) when the practice of telemedicine is being conducted while the patient is physically located in a hospital and being treated by a practitioner acting in the usual course of professional practice; (ii) those Schedule II and Schedule III medications used specifically for patients actively enrolled in a Medication-Assisted Treatment (MAT) program with a provider who has an established physician-patient relationship when buprenorphine is being prescribed as a medication for opioid use disorder; (iii) patients enrolled in palliative care or hospice; or (iv) any other programs specifically authorized by the board; and (c) prescribing abortion inducing drugs is not permitted; as used in this chapter "abortion inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. This includes off label use of drugs known to have abortion-inducing properties that are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec) and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications including, but not limited to, chemotherapeutic agents or diagnostic drugs. Use of such drugs to induce abortion is also known as "medical", "drug induced", or "chemical abortion"; and (8) be prohibited from establishing a physician-patient relationship pursuant to Section 40-47-113(B) for the purpose of prescribing medication when an in-person physical examination is necessary for diagnosis. (D) A licensee, practitioner, or any other person involved in a telemedicine encounter must be trained in the use of the telemedicine equipment and competent in its operation. (E) Notwithstanding any of the provisions of this section, the board shall retain all authority with respect to telemedicine practice as granted in Section 40-47-10(I) of this chapter. Code Commissioner's Note At the direction of the Code Commissioner, in (A), an reference to Section 40-47-20(52) was corrected to read Section 40-47-20(53). Effect of Amendment 2024 Act No. 120, SECTION 4, rewrote the section.
S.C. Code Ann. § 40-10-260 — SC Code / Title 40 / Chapter 10 / Section 40-10-260
SECTION 40-10-260. Shop drawings; contents and review; certificates of occupancy.
Status: in_force

(A) Shop drawings must be prepared for every fire sprinkler system and must meet the following requirements: (1) shop drawings and the attached specification sheet must contain sufficient information to show compliance with the National Fire Protection Association standards required in the Fire Sprinkler Specification Sheet; and (2) shop drawings must bear the authorized signature and license number of the fire sprinkler contractor licensed in this State who prepared the drawings; (3) shop drawings for the exceptions listed in Section 40-10-230(1) must be submitted and approved by the State Fire Marshal's Office or his designee before installation. The installation must comply with NFPA Standard 14. (B) Shop drawings must be reviewed in accordance with the following to determine compliance with the Fire Sprinkler Specification Sheet. (1) If a licensed engineer prepared a Fire Sprinkler System Specification Sheet for the shop drawings, the shop drawings must be submitted to that licensed engineer. After determination of compliance with the Fire Sprinkler System Specification Sheet, the shop drawings must be submitted to the State Fire Marshal's Office or to his designee for further review in accordance with subsection (C). In no case must the seal of a licensed professional engineer be required on shop drawings. (2) If a licensed fire sprinkler contractor prepared a Fire Sprinkler System Specification Sheet for the shop drawings, the shop drawings must be submitted to the State Fire Marshal's Office or to his designee for review and determination of compliance with the Fire Sprinkler System Specification Sheet. (C) In addition to compliance review required by subsection (B), shop drawings for the fire sprinkler systems must be submitted as follows: (1) areas of the State that do not have a local authority to provide the review must be submitted to the State Fire Marshal's Office for review; (2) the local authority having jurisdiction, the awarding authority, or the state agency having jurisdiction over the project may also require that the fire protection sprinkler system shop drawings be submitted for review of any additional requirements or may require that the shop drawings be submitted to the State Fire Marshal's Office or to his designee for review; (3) in lieu of performing its own review of shop drawings, the State Fire Marshal's Office may accept the shop drawing review of an insurance underwriter, a licensed engineer, a local authority having jurisdiction, or his designee, if the review meets the standards established by the State Fire Marshal's Office; (4) within thirty calendar days from the receipt of shop drawings, the State Fire Marshal's Office must publish a letter approving the shop drawings or listing the corrective action necessary for approval. This letter must be sent to the fire sprinkler contractor or licensed engineer that submitted the shop drawings. Any response regarding corrective action must be reviewed and answered within thirty calendar days of receipt by the State Fire Marshal's Office. If a letter is not issued by the State Fire Marshal's Office within this time frame approving the shop drawings or addressing the required corrections response from the fire sprinkler or licensed engineer, the plans must be deemed approved. (D) Before a certificate of occupancy may be issued, completed certificates must be delivered to the owner of the building and to the authority having jurisdiction in accordance with the following: (1) A Certificate of Compliance certifying that the fire sprinkler system was designed in accordance with the "Fire Sprinkler System Specification Sheet" must be completed by the individual conducting the review pursuant to subsection (B). (2) The licensed fire sprinkler contractor responsible for the installation of the fire sprinkler system must complete the contractors' Material and Test Certificate for Above Ground Piping in accordance with NFPA within thirteen days. (3) The licensed fire sprinkler contractor responsible for the installation of the fire sprinkler system must complete the contractors' Material and Test Certificate for Under Ground Piping in accordance with NFPA within thirteen days.
S.C. Code Ann. § 40-77-160 — SC Code / Title 40 / Chapter 77 / Section 40-77-160
SECTION 40-77-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-65-34 — SC Code / Title 40 / Chapter 65 / Section 40-65-34
SECTION 40-65-34. Examinations.
Status: in_force

Examinations must be held at such times and places as the department determines.
S.C. Code Ann. § 40-47-1005 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-1005
SECTION 40-47-1005. Misconduct mandating revocation or denial of license.
Status: in_force

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when a PA: (1) has knowingly allowed himself or herself to be misrepresented as a physician; (2) has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents; (3) has performed any work assignment, task, or other activity which is not on the PA scope of practice guidelines; (4) misuses alcohol or drugs to such a degree to render him or her unfit to practice as a PA; (5) has been convicted of a felony or a crime involving moral turpitude or drugs; (6) has sustained any physical or mental disability which renders further practice dangerous to the public; (7) has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients; (8) has used or made any false or fraudulent statement in any document connected with practice or licensure as a PA; (9) has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances; (10) has violated or conspired with another person to violate any provision of this article; or (11) otherwise demonstrates a lack of the ethical or professional competence required to act as a PA. Effect of Amendment 2019 Act No. 32, SECTION 2, substituted "PA" for "physician assistant" throughout the section.
S.C. Code Ann. § 40-77-10 — SC Code / Title 40 / Chapter 77 / Section 40-77-10
SECTION 40-77-10. State Board of Registration for Geologists; member qualifications; term; vacancies; removal.
Status: in_force

There is created the State Board of Registration for Geologists which shall administer the provisions of this chapter. The board shall consist of four registered professional geologists of varied geological backgrounds who have been engaged in the practice of geology for at least twelve years and have been in responsible charge of important geologic work for at least five years, which may include being in responsible charge of geologic teaching or research, and one lay member who is not a geologist. At all times, at least one member of the board must be an academic geologist, one member must be a salaried company geologist, one member must be an independent or consultant geologist, and one member must be a geologist from a state agency. Each member must be appointed by the Governor for a term of five years and until his successor possessing the same qualifications is appointed and qualifies. Vacancies in the membership of the board must be filled for unexpired terms by appointment by the Governor as provided in this section. The Governor may remove a member of the board in accordance with Section 1-3-240.
S.C. Code Ann. § 40-13-350 — SC Code / Title 40 / Chapter 13 / Section 40-13-350
SECTION 40-13-350. Sanitary regulations; copies to school owners and managers; posting in salons and schools.
Status: in_force

A copy of sanitary regulations adopted by the board must be furnished by the board to the owner or manager of each salon or school in the State, and the copy must be posted in a conspicuous place in each salon and school. Editor's Note Prior Laws:1934 (38) 1349; 1942 Code SECTION 5250-22; 1948 (45) 2079; 1952 Code SECTION 56-473; 1962 Code SECTION 56-473; 1982 Act No. 388; 1976 Code SECTION 40-13-230.
S.C. Code Ann. § 40-47-1620 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1620
SECTION 40-47-1620. Promulgation of regulations.
Status: in_force

The Department of Labor, Licensing and Regulation shall promulgate regulations necessary to ensure implementation or the provisions of this article.
S.C. Code Ann. § 40-1-160 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-160
SECTION 40-1-160. Appeal.
Status: in_force

A person aggrieved by a final action of a board may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the board's decision pending completion of the appellate process.
S.C. Code Ann. § 40-60-220 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-220
SECTION 40-60-220. Continuation of existing licenses.
Status: in_force

A person who is credentialed in this State as a licensed appraiser, licensed mass appraiser, certified residential appraiser, certified residential mass appraiser, certified general appraiser, or certified general mass appraiser on December 31, 2014, may continue licensure in that category without meeting the requirements of Section 40-60-31 and Section 40-60-33, so long as the person is otherwise authorized to hold the license. Effect of Amendment 2014 Act No. 180, SECTION 10, substituted "state-certified residential mass appraiser" for "certified mass appraiser"; substituted "state-certified general mass appraiser" for "certified general mass appraiser"; substituted "December 31, 2014" for December 31, 2007"; and made other nonsubstantive changes. 2024 Act No. 196, SECTION 15, substituted "A person who is credentialed in this State" for "A person who is licensed" and "certified" for "state-certified" in four places.
S.C. Code Ann. § 40-47-180 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-180
SECTION 40-47-180. Collection of fines and costs.
Status: in_force

Costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. No person against whom a fine is levied is eligible for the issuance or reinstatement of an authorization to practice until the fine has been paid in full.
S.C. Code Ann. § 40-57-40 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-40
SECTION 40-57-40. Commissioners.
Status: in_force

(A) The South Carolina Real Estate Commission consists of ten commissioners elected or appointed as follows: (1) seven commissioners who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district; (2) two commissioners representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate; (3) the elected and appointed commissioners shall elect from the State at large one additional commissioner who must be in the active practice of real estate. (B) A commissioner serves a term of four years and until his successor is elected or appointed and qualifies. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term. (C) Before discharging of the duties of his office, a commissioner's election or appointment must be certified by the Secretary of State, and the member shall, in writing, take an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States. (D) The term of a commissioner commences on the date on which his election or appointment is certified by the Secretary of State. (E) A commissioner may be removed from office in accordance with Section 1-3-240. Editor's Note Prior Laws:1956 (49) 2046; 1960 (51) 1727; 1962 Code SECTION 56-1545.4; 1972 (57) 2649; 1978 Act No. 534, SECTION 2; 1994 Act No. 38; 1976 Code SECTION 40-57-50. 2012 Act No. 279, SECTION 33, provides as follows: "Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy." Effect of Amendment The 2012 amendment substituted "seven" for "Six" throughout subsection (A)(1); substituted "the nine" for "The eight" in subsection (A)(3); and, made other, nonsubstantive, changes. 2016 Act No. 170, SECTION 1, reenacted the section with nonsubstantive changes. 2024 Act No. 204, SECTION 3, substituted "commissioners" and "commissioner" for "members" and "member" throughout the section, and in (B), substituted "commissioner" for "commission member".
S.C. Code Ann. § 40-58-30 — SC Code / Title 40 / Chapter 58 / Section 40-58-30
SECTION 40-58-30. Mortgage brokers and loan originators to be licensed; exceptions.
Status: in_force

(A) A person may not act as a mortgage broker in this State without first being licensed with the administrator. A person, required to be licensed pursuant to this chapter, may not do business without a license under any name or title, or circulate or use advertising, including electronic means, or make a representation or give information to any person, which indicates or reasonably implies activity within the scope of this chapter unless that person has a license. (B) It is unlawful for a person to employ, to compensate, or to appoint as its agent a loan originator unless the loan originator is licensed pursuant to this chapter. The license of a loan originator is not effective during any period when that person is not employed by a mortgage broker licensed pursuant to this chapter. When a loan originator ceases to be employed by a licensed mortgage broker, the loan originator and the mortgage broker by whom that person was employed shall notify promptly the administrator in writing. The mortgage broker's notice must include a statement of the specific reason or reasons for the termination of the loan originator's employment. The reason for termination is confidential information and must not be released to the public. A loan originator must not be employed simultaneously by more than one mortgage broker. If a licensed loan originator changes employment, a new license must be issued and a fee of twenty-five dollars must be paid for issuance of the new license. (C) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person. (D) Independent contractors, including processors and underwriters, must be separately licensed. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1998 Act No. 336, SECTION 4; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-18-90 — SC Code / Title 40 / Chapter 18 / Section 40-18-90
SECTION 40-18-90. Use of temporary employees for special events; notice of use; fees.
Status: in_force

Notwithstanding any other provision of this chapter, a person who holds a security business license may use temporary employees for special events without registering the temporary employees if the temporary employment does not exceed ten days in a calendar year and the employees have no arrest authority and are not armed during the employment. The names, addresses, and birth dates of the temporary employees, along with the identity and date of the special event for which they are to be employed, must be furnished to SLED at least five days prior to the commencement of the special event, along with a fee of five dollars for each temporary employee.
S.C. Code Ann. § 40-7-30 — SC Code / Title 40 / Chapter 7 / Section 40-7-30
SECTION 40-7-30. Licensure requirement.
Status: in_force

No person may engage in the practice of barbering unless the person is licensed in accordance with this chapter. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-31; 1952 Code SECTION 56-252; 1962 Code SECTION 56-252; 1976 Code SECTION 40-7-20.
S.C. Code Ann. § 40-81-290 — SC Code / Title 40 / Chapter 81 / Section 40-81-290
SECTION 40-81-290. Conditions applicable to promoter's representative for female kick boxers.
Status: in_force

In addition to meeting the requirements of Section 40-81-280, promoter's representative for female professional kick boxers shall meet the following conditions: (1) A commission-approved breast protector must be used. (2) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant. (3) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test. (4) The annual physical examination must include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination. (5) Promoters shall provide female kick boxers with adequate separate dressing rooms.
S.C. Code Ann. § 40-80-20 — SC Code / Title 40 / Chapter 80 / Section 40-80-20
SECTION 40-80-20. Criminal records check required for employment.
Status: in_force

(A)(1) Prior to employment of a paid or volunteer firefighter, the fire chief or other employer must ensure that a prospective firefighter undergoes a criminal records check conducted by a law enforcement agency. (2) The cost of the criminal records check may not exceed eight dollars. (3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department with which he was employed on June 30, 2001. Upon separation from the fire department where he was employed on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40 . (B)(1) After June 30, 2001, a person may not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty to, or pled nolo contendere to: (a) a felony; (b) arson or another offense provided in Article 3, Chapter 11 of Title 16; or (c) an offense involving a controlled substance as provided for in Chapter 53 of Title 44. (2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere. After the expiration of the ten-year period, a fire chief or other employer may determine whether to allow a person with a criminal record to perform firefighting duties; except no person may volunteer as a firefighter, be employed as a firefighter, or perform firefighting duties if he has been convicted of, pled guilty to, or pled nolo contendere to arson.
S.C. Code Ann. § 40-53-220 — SC Code / Title 40 / Chapter 53 / Section 40-53-220
SECTION 40-53-220. Appeal.
Status: in_force

Any person dissatisfied with the action of the Division in refusing his application or suspending or revoking his license or any other action of the Division may appeal by filing a petition within thirty days thereafter in the circuit court in the county where the person resides, and the court shall set the matter for hearing upon ten days' written notice to the Division. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the Division should be suspended pending hearing and enter its order accordingly. The court shall provide the attorney representing the Division with a copy of the petition and order. The Division shall be represented in such appeals by the Attorney General or his designated assistants.
S.C. Code Ann. § 40-39-20 — SC Code / Title 40 / Chapter 39 / Section 40-39-20
SECTION 40-39-20. Department of Consumer Affairs to regulate pawnbrokers; certificate of authority to operate pawnbroker business; background checks; persons ineligible for certificate of authority.
Status: in_force

(A)(1) All pawnbrokers conducting business in this State are under the authority of and regulated by the Department of Consumer Affairs, the administrator of which has the authority to promulgate regulations as he considers necessary to carry out the conditions and intent of this chapter. (2) No person may carry on the business of a pawnbroker in any location, whether or not the person has an office, facility, agent, or other physical presence in this State, without first having obtained a certificate of authority for each location from the Department of Consumer Affairs. (B) Upon receipt of the application for the certificate of authority, the Department of Consumer Affairs shall notify the law enforcement agency having jurisdiction where the applicant intends to do business. The law enforcement agency may make its recommendation on the issuance of the certificate of authority. (C)(1) Before issuance of a certificate of authority, a criminal history background check must be conducted for all owners, partners, members, officers, directors, employees and other persons occupying a similar status or otherwise directly or indirectly controlling the pawnshop. The applicant pawnbroker is responsible for either: (a) conducting, documenting, and attesting that a national criminal records check has been completed for each person; or (b) submitting consent from each person to a national criminal records check and a set of fingerprints in a form acceptable to the administrator. Using the information supplied by the administrator to SLED, the applicant must undergo 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 administrator. The administrator shall keep all information pursuant to this section privileged, in accordance with applicable state and federal guidelines. (2) A pawnbroker shall comply with the requirements of item (1) before hiring an employee. (3) The applicant pawnbroker shall pay actual costs associated with the criminal history background checks required in this section. (D)(1) Upon the filing of an application for a certificate of authority, if the administrator concludes that the financial responsibility and experience of the applicant and its employees, members, partners, officers, and directors, if applicable, command the confidence of the community and warrants belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter and in accordance with all applicable state and federal laws, it shall issue a certificate of authority. If the administrator does not reach this conclusion, he shall refuse to issue the certificate of authority to the applicant and shall notify the applicant of the denial. (2) A rebuttable presumption of the financial responsibility and experience necessary to meet the standard in item (1) is created when the person seeking the certificate of authority complies with the provisions contained in Section 40-39-50(A). (E) A person convicted of a felony may not be issued a certificate of authority to carry on the business of a pawnbroker or in any manner engage in the business of a pawnbroker, except that any person who is in the business of a pawnbroker on July 1, 1988, and who has been convicted of a felony before this date may be issued a certificate of authority and upon receiving it may continue in the business of a pawnbroker but if this person is convicted of a felony on or after July 1, 1988, he may not thereafter be issued a certificate of authority or carry on the business of a pawnbroker after the date of this subsequent felony conviction. Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTIONS 1748, 1749; Civ. C. '12 SECTIONS 2624, 2625; Civ. C. '22 SECTIONS 3945, 3946; 1932 Code SECTIONS 7129, 7130; 1942 Code SECTIONS 7129, 7130; 1952 Code SECTION 56-1152; 1962 Code SECTION 56-1152. Effect of Amendment 2016 Act No. 262, SECTION 5, added the paragraph designators; in (A)(2), inserted "whether or not the person has an office, facility, agent, or other physical presence in this State"; in (B), deleted text related to background checks; added (C), relating to background checks; added (D), relating to issuing of a certificate of authority; and in (E), thrice substituted "certificate of authority" for "Certificate of Authority".
S.C. Code Ann. § 40-10-120 — SC Code / Title 40 / Chapter 10 / Section 40-10-120
SECTION 40-10-120. Disciplinary actions in another state or federal jurisdiction.
Status: in_force

(A) Acts or omissions by a licensee causing the denial, revocation, suspension, or other discipline of a license, certification, or other authorization to practice in a construction related field in another state or federal jurisdiction supports the issuance of a formal complaint and the commencement of disciplinary proceedings in this State, if the disciplinary action in the other jurisdiction is based upon grounds that would constitute misconduct in this State. (B) Proof of acts or omissions in another state of federal jurisdiction may be shown by the copy of the transcript of record of the disciplinary proceedings in the other state or federal jurisdiction or a copy of the final order, consent order, or similar order stating the basis for the action taken. (C) The licensee or qualifying party may present mitigating testimony to the board regarding the disciplinary action taken in another state or federal jurisdiction or evidence that the acts or omissions committed in the other jurisdiction do not constitute misconduct in this State. (D) Upon the filing of a complaint alleging that a licensee or qualifying party has been disciplined in another state or federal jurisdiction, the licensee or qualifying party must produce for the board copies of all transcripts, documents, and orders used, relied upon, or issued in the other jurisdiction. Failure to produce these items within ninety days of the board's request for them automatically results in the immediate temporary suspension of the entity's license or qualifying party's certificate in this State until such time as the items have been provided to the board. (E) 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. § 40-67-80 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-80
SECTION 40-67-80. Investigations; subpoena authority, taking evidence, and requiring production of documents or records.
Status: in_force

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
S.C. Code Ann. § 40-19-60 — SC Code / Title 40 / Chapter 19 / Section 40-19-60
SECTION 40-19-60. Adoption of rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-658; 1971 (57) 327; 1983 Act No. 146, SECTION 1; 1990 Act No. 592, SECTION 2; 1991 Act No. 70, SECTION 1; 1976 Code SECTION 40-19-90.
S.C. Code Ann. § 40-47-140 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-140
SECTION 40-47-140. Denial of license based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
S.C. Code Ann. § 40-6-20 — SC Code / Title 40 / Chapter 6 / Section 40-6-20
SECTION 40-6-20. Definitions.
Status: in_force

For the purposes of this chapter: (1) "Absolute auction" means the sale of real or personal property at auction whereby every item offered from the block is sold to the highest bidder without reserve and without the requirements of a minimum bid or other conditions which limit the sale other than to the highest bidder. (2) "Auction" means the sale of goods or real estate by means of exchanges between an auctioneer and a member of an audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers by members of the audience, and the acceptance by the auctioneer of the highest or most favorable offer. (3) "Auction firm" means any business entity which engages in the business of conducting or offering to conduct auctions. (4) "Auctioneer" means a person who conducts or offers to conduct auctions, including apprentice auctioneers. (5) "Business entity" means a partnership, limited liability partnership, corporation, limited liability company, or other business association, excluding a sole proprietorship. (6) "Commission" means the South Carolina Auctioneers' Commission. (7) "Estate auction" means the sale at auction of property of a specified deceased person or the property of a specified living person's estate. Estate auctions may contain property other than that of the specified living or deceased person. The inclusion of additional property must be included in all advertising and auction announcements. (8) "Fund" means the Auctioneer Recovery Fund established pursuant to Section 40-6-330. (9) "Owner" means the bona fide owner of the property being offered for sale. In the case of a partnership, owner means a general partner in the partnership that owns the property being offered for sale; in the case of a limited partnership, the partnership must have filed a certificate of limited partnership as required by Section 33-42-210, and owner means a general partner as named in the filing required. In the case of a corporation, owner means a director of the corporation that owns the property being offered for sale, and the corporation must be authorized by the Secretary of State to conduct business in the State. (10) "Sole proprietorship" means an auction business owned in its entirety by an auctioneer. Editor's Note Prior Laws:1977 Act No. 111, SECTIONS 3, 4; 1988 Act No. 408, SECTION 1; 1988 Act No. 599, SECTION 1; 1993 Act No. 155, SECTION 4; 1976 Code SECTION 40-6-10.
S.C. Code Ann. § 40-47-31 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-31
SECTION 40-47-31. Limited and temporary licenses.
Status: in_force

(A) Limited licenses may be issued for postgraduate medical residency training or for employment with a state agency, as approved by the board. A limited license entitles the licensee to apply for individual controlled substance registration through the Department of Health and Environmental Control. Each limited license is valid for one year or part of one year. Renewal may be considered upon approval of the board. A special limited license also may be issued to a physician licensed in another state for up to fourteen days not more than four times a year in order to authorize practice under supervision for training involving direct patient care or to explore potential employment relationships. (B) Applicants for a limited license for medical residency training who are graduates of an approved medical school located in the United States or Canada must complete and submit an application and the appropriate application fee. A completed application must include the following: (1) a copy of a contract in which the applicant has been offered a position in a medical residency training program accredited by the American Council for Graduate Medical Education or American Osteopathic Association or a fellowship or a letter from the institution stating the applicant has been recommended for a medical residency training program or a fellowship. The recommendation letter must be addressed and mailed directly to the board office from the institution; (2) a certification of medical education form approved by the board to be completed by the dean, the president, or the registrar of the applicant's medical school or as approved by the board; (3) a supervising physician form approved by the board to be completed by the chairman or residency director of the training program; (4) letters of recommendation from licensed physicians recommending the applicant for a limited license in this State; and (5) verification of licensure in other states, if applicable. (C) An applicant for a limited license for medical residency training who is a graduate of a medical school located outside the United States or Canada may be considered on an individual basis. Such applicants shall complete and submit an application and the appropriate application fee. In addition to all other requirements, a completed application must include a copy of a current or permanent Educational Commission for Foreign Medical Graduates (ECFMG) certificate or documentation of successful completion of a Fifth Pathway program, or both. The board may waive this requirement if the applicant has a full-time academic faculty appointment at the rank of assistant professor or greater in a medical school in this State accredited by the American Council for Graduate Medical Education or the American Osteopathic Association. This requirement also may be waived if the applicant: (1) has been licensed for five years or more without significant disciplinary action; and (2) holds current certification by a specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association or another organization approved by the board. (D) A physician in a medical residency training program in this State may apply for a permanent license at least ninety days before his or her limited license expires. No part of a limited license application may be applied to an application for a permanent license. Each application must be filed separately. (E) A new application for a limited license for employment with a state agency may not be authorized after January 1, 2001. A current holder of a limited license for employment with a state agency may renew his or her limited license if no change of agency has occurred. A change in agency may be approved upon presentation to the board of a copy of a contract in which the limited license holder has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the Office of Mental Health, or the Office of Intellectual and Developmental Disabilities. (F) A special limited license may be issued to a physician licensed in another state to authorize practice under supervision for training involving direct patient care or to explore potential employment relationships. The applicant must submit the following items: (1) a completed application and payment of applicable fees; and (2) a documentation from the supervising physician relating the purpose and dates requested. (G) An emergency limited license may be issued to a physician actively licensed in another state who is in good standing in accordance with Section 40-47-160(B) and whose place of established practice has been the subject of an emergency disaster declaration by an appropriate federal or state authority. An emergency limited license is valid for one year and may be renewed upon approval of the board. This license must be limited to practice in this State while associated with a licensed physician in this State who holds an unrestricted, permanent license or while employed by a licensed healthcare facility in this State. The applicant must submit the following items: (1) a completed application and payment of applicable fees; and (2) such documentation as may be acceptable to the board under the circumstances to demonstrate eligibility for the limited license, including documentation of an existing license in good standing authorizing professional practice in the state which is subject to the emergency disaster declaration. (H) A temporary license may be issued to an applicant who has met all requirements for the issuance of a permanent license, except such final verifications as may be required. A temporary license is valid for three months or more, if approved by the board. Renewal may be considered upon approval of the board. (I) The board may not issue a limited or temporary license to a licensed physician of another state of the United States: (1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state; or (2) who currently has disciplinary action pending in any state. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note Prior Laws:1905 (24) 939; Civ. C. '12 SECTION 1621; 1920 (31) 1004; Civ. C. '22 SECTION 2403; 1932 Code SECTION 5153; 1942 Code SECTION 5153; 1952 Code SECTION 56-1356; 1962 Code SECTION 56-1356; 1970 (56) 2371; 1976 Code SECTION 40-47-80.
S.C. Code Ann. § 40-60-320 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-320
SECTION 40-60-320. Definitions.
Status: in_force

For the purposes of this article: (1) "Appraisal management company" or "AMC" means a person that: (a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (b) provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and (c) within a given twelve-month period, oversees an appraiser panel or more than fifteen state-certified or state-licensed appraisers in a state or twenty-five or more state-certified or state-licensed appraisers in two or more states. Notwithstanding the foregoing, an AMC does not include a department or division of an entity that provides appraisal management services only to that entity. (2) "Appraisal management services" means one or more of the following: (a) recruiting, selecting, and retaining appraisers; (b) contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (c) managing the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; or (d) reviewing and verifying the work of appraisers. (3) "Appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. Appraisers on an AMC's "appraiser panel" under this section include both appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers engaged by the AMC to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this item if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation. (4) "Appraisal review" means the act, by a certified or licensed appraiser employed by an appraisal management company, of developing and communicating an opinion about the quality of work of another appraiser that was performed as part of an appraisal assignment. Appraisal review does not include: (a) an examination by an unlicensed employee of an appraisal management company for an appraisal solely for grammatical errors, typographical errors, or other similar errors; or (b) a quality control examination for completeness that does not make a valuation change. (5) "Client" means a person or entity that contracts with, or otherwise enters into an agreement with, an appraisal management company for the purpose of real estate appraisal services. (6) "Controlling person" means: (a) an owner, officer, or director of a corporation, partnership, limited liability company, or other business entity that seeks to offer an appraisal management service in this State; (b) an individual employed, appointed, or authorized by an appraisal management company authorized to enter a management agreement with certified or licensed appraisers, who are independent contractors, for the performance of real estate appraisal services; or (c) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. (7) "Covered transaction" means any consumer credit transaction secured by a consumer's principal dwelling, which does not have to be a federally related transaction. (8) "Independent contractor" means a person in a trade, business, or profession in which he offers his services to the general public, in which the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. (9) "Real estate appraisal services" means the practice of developing an opinion of the value of real property in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) published by the Appraisal Foundation. (10) "Payor" means a person or entity responsible for making payment for the appraisal. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available." Effect of Amendment 2024 Act No. 196, SECTION 16, rewrote the section.
S.C. Code Ann. § 40-33-36 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-36
SECTION 40-33-36. Issuance of licenses; temporary or limited licenses.
Status: in_force

(A) The board shall examine all candidates for licensure as nurses, pass upon their qualifications to practice nursing in this State, and issue each successful applicant a license. A license is the property of the State and subject to return upon demand. (B) A license must be issued in the person's legal name as verified by a birth certificate or other legal document acceptable to the board. If a licensee changes her or his name after a license has been issued, notification of the change must be filed with the board within fifteen business days, accompanied by a copy of the legal document that authorizes the change. A licensee's name may not be changed on a record in the office of the board without written authorization for the change and an adequate identification of the applicant. (C) A statement verifying current license status may be secured from the board by a licensee who submits adequate identification and a written statement explaining the reason for the request, if the reason is satisfactory to the board. (D)(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant: (a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid; (b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction; (c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice; or (d) for licensure as a graduate nurse to work in South Carolina, provided that: (i) the graduate nurse must function under the supervision of a currently licensed registered nurse; and (ii) the board may establish other requirements for the supervision and employment of graduate nurses as necessary. (2) An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing. (3) The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant. (4) In addition to the provisions of items (2) and (3), a graduate nurse's temporary license shall be immediately revoked if: (a) the board issues a permanent license to the graduate nurse; (b) the board denies a permanent license for the graduate nurse; (c) a complaint is filed against the graduate nurse alleging a violation of Chapter 33, Title 40 during the graduate nurse's temporary licensure period; (d) the graduate nurse has not taken the NCLEX within ninety days of receiving a temporary license, except that the board may extend this time period if circumstances prevent the NCLEX from being offered during the period for which temporary licensure has been granted; (e) the graduate nurse misrepresents being a registered nurse or a licensed practical nurse; or (f) the graduate nurse is charged with a felony or misdemeanor, other than a minor traffic violation, while authorized to practice as a graduate nurse. For the purposes of this subitem, a minor traffic violation does not include instances related in any way to driving under the influence of alcohol or other drugs, or instances that result in the revocation or suspension of a graduate nurse's driver's license. (E)(1) For the purposes of this section, a "graduate nurse" means an unlicensed graduate who completes an accredited basic nursing education program, in either registered nursing or practical nursing, within the United States, its territories, or dependencies within one year of seeking licensure. (2) In order to obtain licensure as a graduate nurse, a candidate must: (a) file a completed initial application for licensure by examination with the board and pay the associated fee; (b) have never taken and failed the NCLEX; (c) have registered to take the NCLEX with the examination administration service; (d) have no prior felony convictions and have no criminal charges pending; and (e) comply with Section 40-33-32 if the candidate is a foreign-educated graduate. Effect of Amendment 2021 Act No. 51, SECTION 1.A, in (D), in (1), made a nonsubstantive change in (c) and added (d), and added (4). 2021 Act No. 51, SECTION 1.B, added (E).
S.C. Code Ann. § 40-33-38 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-38
SECTION 40-33-38. Renewal of licenses.
Status: in_force

(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board in regulation. A licensee who has not demonstrated continuing nursing competence, as required by this chapter, is not eligible for renewal or issuance of an active license. (B) A licensee shall complete the renewal form and submit it to the board with the renewal fee. Upon receipt of the application and the fee, the board shall verify the accuracy of the application and renew the license for the applicable period. If a licensee fails to timely renew his or her license, the license is deemed lapsed at the close of the renewal period, and the licensee may not practice nursing in this State until the licensee is reinstated to practice. The board may reinstate the licensee on payment of a reinstatement fee, the current renewal fee, and demonstration of continued competency satisfactory to the board. The board may deny reinstatement based on evidence of misconduct. (C) A licensee shall notify the board in writing within fifteen business days of any change of address.
S.C. Code Ann. § 40-2-110 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-110
SECTION 40-2-110. Revocation, suspension, or probation of licensees; revocation of registration or limitation of scope of practice of firm.
Status: in_force

(A) After notice and hearing pursuant to the Administrative Procedures Act, the board may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a licensee and impose an administrative fine not exceeding ten thousand dollars per violation. The board also may place a licensee on probation, require a peer review as the board may specify, or require satisfactory completion of a continuing professional education program as the board may specify, all with or without terms, conditions, and limitations, for any one or more of the following reasons: (1) conviction of a felony that has an element of dishonesty or fraud or any other crime that has an element of dishonesty or fraud, under the laws of the United States, of this State, or of any other state if the acts involved constitute a crime under state laws; (2) conduct reflecting adversely upon the licensee's fitness to perform services as a licensee; (3) use of a false, fraudulent, or forged statement or document or committal of a fraudulent, deceitful, or dishonest act or omission of a material fact in obtaining licensure pursuant to this chapter; (4) intentional use of a false or fraudulent statement in a document connected with the practice of the individual's profession or occupation; (5) obtaining fees or assistance in obtaining fees under fraudulent circumstances; (6) failure to comply with established professional standards, including standards set by federal or state law or regulation; (7) violation of the code of professional ethics adopted by the board or of the AICPA Professional Standards: Code of Professional Conduct; (8) failure to respond to requests for information or to cooperate in investigations on behalf of the board; (9) engagement or aid of another, intentionally or knowingly, directly or indirectly, in unlicensed practice of accounting; (10) failure to disclose or disclaim the appropriate license status of a person or entity not holding a license but associated with financial statements; (11) engagement in advertising or other forms of solicitation or use of a firm name in a manner that is false, misleading, deceptive, or tending to promote unsupported claims; (12) the revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee. (B) After notice and hearing, as provided in Section 40-2-90, the board shall revoke the registration of a firm if at any time it does not meet the requirements prescribed by Section 40-2-40 and also may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a registrant and impose an administrative fine not to exceed ten thousand dollars per violation for any of the causes enumerated in subsection (A) or for: (1) the revocation or suspension or refusal to renew the license to practice of a member of a firm; (2) the revocation, suspension, reprimand, or other discipline of the right to practice by the firm in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee; (3) the failure to notify the board in writing, within thirty days after its occurrence, of any revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency. (C) A final order of the board disciplining a licensee under this section is public information. (D) Upon a determination by the board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution. (E) The board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record. (F) Licensees of this State offering or rendering services or using their "Certified Public Accountant" title in another state are subject to disciplinary action in this State for an act committed in another state for which the licensee would be subject to discipline. Effect of Amendment 2022 Act No. 174, SECTION 1, in (A)(1), substituted "that has an element of dishonesty or fraud or any other crime that has" for ", or of any crime with".
S.C. Code Ann. § 40-36-115 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-115
SECTION 40-36-115. Jurisdiction of the board.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-43-270 — SC Code / Title 40 / Chapter 43 / Section 40-43-270
SECTION 40-43-270. Limitations from liability and professional discipline.
Status: in_force

(A) A prescriber who issues a standing prescription drug order in accordance with Section 40-43-260 is not liable for any civil damages for acts or omissions resulting from the dispensing of a self-administered hormonal contraceptive or the administering of an injectable hormonal contraceptive under this chapter. (B) A pharmacist who dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive in accordance with the provisions of this article is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-55-360 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-360
SECTION 40-55-360. Conditions of telepsychology practice in a receiving state.
Status: in_force

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances: (1) the psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and (2) other conditions regarding telepsychology as determined by rules promulgated by the commission.
S.C. Code Ann. § 40-59-220 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-220
SECTION 40-59-220. Licenses and certificates of registration; application; qualifications; bonds; examinations; reciprocity.
Status: in_force

(A) All residential builders must be licensed, and all residential specialty contractors must be registered, by the commission for a period established by the commission in regulation. Licensees and registrants must pay an annual fee established by the department and based upon the department's costs in carrying out the provisions of this chapter. (B) An applicant for a license or certificate shall file with the commission a written application on a form as may be prescribed by the commission. The application must be accompanied by the payment of all applicable fees required by the commission. A prerequisite for taking the examination for a residential builder's license is a minimum of one year of actual experience under the supervision of a licensed residential builder, or other appropriately licensed professional who is engaged in residential building construction involving the trades or crafts for which the license is desired, or other education or experience or a combination of these as may be approved by the commission. The commission, in examining an applicant, may consider the following qualifications of the applicant: (1) experience; (2) ability; (3) character; (4) financial condition; (5) equipment; (6) workers' compensation insurance; and (7) other pertinent information the commission may require. (C) The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars or proof of financial responsibility acceptable to the commission. (D) The commission shall issue a residential specialty contractor's license for which the applicant is qualified if, as a result of examination, the commission finds that the applicant is qualified to engage in residential specialty contracting in South Carolina. When the cost of an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor must obtain an executed bond with a surety in an amount approved by the commission. (E) An applicant who fails the examination must be given the opportunity to be reexamined after payment of an additional examination fee; however, if the applicant fails the examination three times, the applicant shall wait twelve months before being examined again. A record must be made and preserved by the commission of each examination of an applicant and the findings of the commission pertaining to the examination. A certified copy of the record must be furnished to an applicant requesting the record upon the payment of a fee to the commission that reasonably reflects the cost of furnishing the record to the applicant. (F) A license may be granted by the commission without examination to those applicants who are licensed in good standing in other states which are determined by the commission to have comparable examinations. Editor's Note Prior Laws:1962 Code SECTION 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, SECTION 6; 1993 Act No. 72, SECTION 1; 1976 Code SECTION 40-59-70.
S.C. Code Ann. § 40-39-130 — SC Code / Title 40 / Chapter 39 / Section 40-39-130
SECTION 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.
Status: in_force

All pawnbrokers shall comply with the Federal Truth in Lending Act. The administrator has the administrative enforcement powers set forth in Section 108 of the Federal Truth in Lending Act.
S.C. Code Ann. § 40-47-905 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-905
SECTION 40-47-905. Short title.
Status: in_force

This article may be cited as the "South Carolina Physician Assistants Practice Act". Effect of Amendment 2019 Act No. 32, SECTION 2, reenacted the section with no apparent change.
S.C. Code Ann. § 40-11-500 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-500
SECTION 40-11-500. Citation of article.
Status: in_force

This article may be cited as the "South Carolina Notice and Opportunity to Cure Nonresidential Construction Defects Act".
S.C. Code Ann. § 40-47-1580 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1580
SECTION 40-47-1580. Investigations of unfitness to practice or unauthorized practice.
Status: in_force

If the department has reason to believe that a person registered pursuant to this article has become unfit to practice as a registered cardiovascular invasive specialist or if a complaint is filed with the department charging the registered person with the violation of a provision of this article or if a complaint is filed with the department alleging that an unregistered person is fraudulently holding himself or herself out as registered, the department shall institute an investigation in accordance with the procedures of Chapter 40, Title 1 and this article.
S.C. Code Ann. § 40-79-90 — SC Code / Title 40 / Chapter 79 / Section 40-79-90
SECTION 40-79-90. Presentation of investigation results; hearing.
Status: in_force

The results of an investigation may be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-36-250 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-250
SECTION 40-36-250. Licensure without examination.
Status: in_force

The board may license without examination a person who holds a current and valid license as an occupational therapist or as an occupational therapy assistant in another state if: (1) the licensure requirements for that state are at least substantially equivalent to the licensing standards required in this chapter; (2) the applicant currently is certified by and in good standing with NBCOT or other board-approved certification program; (3) the applicant has submitted all applicable fees; (4) in addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of this criminal records check must not be shared outside the department. Effect of Amendment 2022 Act No. 158, SECTION 3, added (4).
S.C. Code Ann. § 40-82-270 — SC Code / Title 40 / Chapter 82 / Section 40-82-270
SECTION 40-82-270. Notifying supplier concerning installation and servicing of system; notice regarding alterations or modifications.
Status: in_force

(1) An installer or service worker shall notify the supplier of propane before beginning any work on the system supplied by a liquefied petroleum gas supplier. If more than one liquefied petroleum gas supplier has supplied gas to the container of the system, the last supplier of liquefied petroleum gas must be notified before any work is performed on the system. (2) Any consumer, owner, end user, or person who alters or modifies in any way his liquefied petroleum gas equipment, gas burning appliance, or system installed by a licensed dealer shall, for informational purposes, notify the licensed dealer who next fills or otherwise services his liquefied petroleum gas system that such work has been performed. The licensed dealer shall notify their customers in writing at least once per year of the customer's statutory obligation of notification in regard to modifications to their propane appliances or systems. This notice should be provided in a separate and distinct disclosure and not a part of other safety literature given to customers. Effect of Amendment The 2010 amendment inserted item designator (1) and added item (2).
S.C. Code Ann. § 40-29-100 — SC Code / Title 40 / Chapter 29 / Section 40-29-100
SECTION 40-29-100. Sanctions and disciplinary action by the board.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to Section 40-29-110, the board may take disciplinary action as provided for in Section 40-1-120.
S.C. Code Ann. § 40-2-330 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-330
SECTION 40-2-330. Severability.
Status: in_force

If a provision of this chapter or the application of a provision of this chapter to a person or entity or in any circumstances is held invalid, the remainder of the chapter and the application of the provision to others or in other circumstances must not be affected thereby. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-68-60 — SC Code / Title 40 / Chapter 68 / Section 40-68-60
SECTION 40-68-60. Terms of agreement to be established in writing; notice and delivery of notice to assigned employees; posting of notice by client company; notice or knowledge of injury.
Status: in_force

(A) A licensee shall establish the terms of a professional employer organization services agreement by a written contract between the licensee and the client company. The licensee shall give written notice of the agreement as it affects assigned employees to each employee assigned to a client company in the manner provided in this section. (B) A written explanation of the agreement must be provided to each assigned employee by delivering it to the employee personally within ten days after executing the agreement. The explanation must state, substantially, the terms of the agreement between the licensee and client company and include the same notice that is required to be posted in the client company's place of business. (C) The client company shall post in each of its places of business in a conspicuous place that is in clear and unobstructed view of the assigned employees a notice stating, substantially, the following: "We are operating under and subject to the Workers' Compensation Act of South Carolina. In case of accidental injury or death to an employee, the injured employee, or someone acting on his or her behalf, shall notify immediately (insert name of professional employer organization, address, and telephone number) or (name of client company, address, and telephone number). Failure to give immediate notice may be the cause of serious delay in the payment of compensation to you or your beneficiaries and may result in failure to receive any compensation benefits". (D) As between the client company, the professional employer organization, and the employee, the notice to or acknowledgment of the occurrence of an injury on the part of the client company or the professional employer organization is notice to or knowledge on the part of the professional employer organization and its workers' compensation insurer or the client company and its workers' compensation insurer, or both.
S.C. Code Ann. § 40-58-75 — SC Code / Title 40 / Chapter 58 / Section 40-58-75
SECTION 40-58-75. Mortgage broker fee agreements disclosing charges.
Status: in_force

(A) Within three business days of the receipt of an application for a mortgage loan, the broker must provide a mortgage broker fee agreement that discloses the total estimated charges to the borrower for the mortgage loan and an itemization of the charges provided if required under, federal or state law. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery. (B) A person may not earn, charge, or collect a mortgage broker or processing fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter. (C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by federal or state law. (D) A mortgage broker fee agreement must be in writing and include the current name, address, and telephone number of the mortgage broker's branch office, the account number, if any, the date of the agreement, the name of the borrower or proposed borrower, signature of the borrower and mortgage broker, the amount of any fees, and the nature of services provided to the borrower. A copy of the completed agreement must be provided to the borrower by the mortgage broker. The mortgage broker agreement may provide for a signed acknowledgement by the borrower of receipt of a copy of the agreement. If a mortgage broker co-brokers mortgage loans, the mortgage broker agreement must contain a statement advising the applicant that the loan may be co-brokered. Within three days of making a final decision to co-broker a loan, the broker must provide the applicant with written notice of co-brokering, including the name and street and mailing address of the co-broker as well as which broker is to be contacted regarding progress of the mortgage broker's services provided to the applicant. Each broker in a co-brokering arrangement must be licensed with the administrator. (E) Additional disclosure requirements exist and must be complied with pursuant to Chapter 10 and Chapter 23, Title 37. Editor's Note Prior Laws:1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-38-50 — SC Code / Title 40 / Chapter 38 / Section 40-38-50
SECTION 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.
Status: in_force

The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Article 1, Chapter 1, Title 40.
S.C. Code Ann. § 40-58-110 — SC Code / Title 40 / Chapter 58 / Section 40-58-110
SECTION 40-58-110. License application and renewal fees; term of license; late renewals.
Status: in_force

(A)(1) In addition to the initial nonrefundable license application fee of five hundred fifty dollars required by Section 40-58-50, first time mortgage broker licensees also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a mortgage broker licensee shall pay an annual nonrefundable renewal fee of five hundred fifty dollars. A mortgage broker licensee shall pay an initial nonrefundable fee of one hundred fifty dollars and, thereafter, a nonrefundable renewal fee of one hundred fifty dollars for each branch location. The department may license a personal residence of a loan originator as a branch office if it is located more than seventy-five miles from a commercial branch office location. (2) The initial nonrefundable license fee is fifty dollars for a loan originator license, and fifty dollars, nonrefundable, for a renewal license. In addition, all licensees must pay the cost of obtaining credit reports and national criminal history record checks as the administrator may require. The broker shall notify the administrator in writing ten days before opening a new location or changing the address of a licensed location. A fee of twenty-five dollars is required when the licensee notifies the administrator of a change in address for a licensed location. (B)(1) The term of each license is one year. Licenses issued pursuant to this chapter expire on December thirty-first annually or another date that the administrator may determine and must be renewed in accordance with the provisions of this section. (2) The renewal period for all licensees is from November first through December thirty-first annually or on any other dates that the administrator may determine. (3) Applications received after December thirty-first, or any other date the administrator may determine, are late and late fees apply. (C) If a license of a licensed mortgage broker is not renewed before the dates in subsection (B), five hundred dollars in addition to the renewal fee pursuant to subsection (A) must be assessed as a late fee to any renewal. If a license of a licensed loan originator is not renewed before the dates in subsection (B), one hundred dollars in addition to the renewal fee pursuant to subsection (A) of this section must be assessed as a late fee to any renewal. If a licensee fails to renew his license within thirty days after the date the license expires or otherwise maintain a valid license, the administrator shall require the licensee to comply with the requirements for the initial issuance of a license pursuant to this chapter, in addition to paying any fee that has accrued. All renewal applications must contain information required by the administrator. All funds collected by the department pursuant to this chapter must be used to implement the provisions of this chapter and are nonrefundable. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1996 Act No. 430, SECTION 4; 1998 Act No. 336, SECTION 10; 2005 Act No. 7, SECTION 1. Effect of Amendment 2017 Act No. 93, SECTION 15, in (A)(1), added the last sentence, allowing the department to license a personal residence under certain circumstances; and, in (A)(2), deleted "and state" preceding "criminal history record checks".
S.C. Code Ann. § 40-65-30 — SC Code / Title 40 / Chapter 65 / Section 40-65-30
SECTION 40-65-30. Licensure as professional soil classifier; certification as soil-classifier-in-training; qualifications.
Status: in_force

(A) A person must not practice or offer to practice professional soil classifying in this State unless the person is licensed to practice under the provisions of this chapter. (B) To be eligible for licensure as a professional soil classifier or to be certified as a soil-classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the department containing information the department may require. (C) To be licensed as a professional soil classifier an applicant must have: (1) fifteen or more semester hours of approved soil courses as recognized by the department; (2) successfully passed an examination in the principles and practice of soil classifying as prescribed by the department; (3) completed two or more years of training under the supervision of a registered or licensed soil classifier or someone who meets the minimum academic and experience requirements of a licensed soil classifier; and (4) one of the following additional qualifications: (a) a bachelor's degree or equivalent in a curriculum approved by the department and two years or more of experience of a grade and character which indicates to the department that the applicant is competent to practice soil classifying; (b) a bachelor's degree or equivalent in one of the natural sciences and six years or more of experience in soil classifying work of a character and grade which indicates to the department that the applicant is competent to practice soil classifying; (c) a soil-classifier-in-training certificate with two years' or more experience as a soil-classifier-in-training of a grade and character which indicates to the department that the applicant is competent to practice soil classifying; or (d) employment as an extension specialist, researcher, or teacher of soils in a college or university and has two or more years of soil classifying experience of a character and grade which indicates to the department that the applicant is competent to practice soil classifying. (D) To be certified as a soil-classifier-in-training, which certification is valid for two years, an applicant must have: (1) a bachelor's degree or equivalent in a curriculum approved by the department and have passed an examination in the fundamentals of soil classification; or (2) completed a curriculum not approved by the department, have passed an examination in the fundamentals of soil classification, and have four years of soil classification experience, of which two years must be under the supervision of a registered or licensed soil classifier or someone who meets the minimum academic and experience requirements of a licensed soil classifier. Editor's Note Prior Laws: 1962 Code SECTIONS 56-1546.40, 56-1546.42, 56-1546.43; 1974 (58) 2828; 1989 Act No. 99, SECTIONS 1, 2; 1993 Act No. 181, SECTION 946; 1976 Code SECTIONS 40-65-100, 40-65-120, 40-65-130.
S.C. Code Ann. § 40-29-200 — SC Code / Title 40 / Chapter 29 / Section 40-29-200
SECTION 40-29-200. License expiration; applicant requirements for license.
Status: in_force

(A) All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended. (B) An applicant for licensure shall: (1) demonstrate financial responsibility as required by Section 40-29-95; (2) for a retail dealer, provide a financial statement reviewed by a licensed certified public accountant; (3) not have engaged illegally in the licensed classification; (4) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made; (5) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State; (6) submit proof of registration with the Department of Revenue and submit a current tax identification number; (7) where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made; (8) where applicable, complete training as prescribed by the board. (C) A manufactured housing license is not required for a licensed real estate salesman or licensed real estate broker who negotiates or attempts to negotiate for any legal entity the listing, sale, purchase, exchange, lease, or other disposition of a used manufactured or mobile home in conjunction with the listing, sale, purchase, exchange, lease, or other disposition of real estate upon which the used manufactured or mobile home is located. (D) The holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home subject to the lien is not subject to the provisions of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer. A sale by a lienholder conducted through the foreclosure process of Section 29-3-610, et seq. may not be subject to the provisions of this chapter. (E) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen and manufactured home contractors, installers, and repairers are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request. (F) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a violent crime as defined in Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing. (G) No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board. (H) Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant: (1) whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action or was revoked; (2) who has disciplinary action pending against him in another state; or (3) who is currently under sentence, including probation or parole, for a violation of Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing. (I)(1) An applicant may be granted an apprentice salesperson license for up to one hundred twenty days. An apprentice salesperson license may not be issued to an applicant if the applicant has ever been: (a) denied any type of license issued pursuant to this chapter; (b) subject to suspension or revocation of a license issued pursuant to this chapter; or (c) subject to any disciplinary action taken in accordance with this chapter. (2) An applicant is subject to all of the requirements of this chapter and regulations promulgated pursuant to this chapter, except that an applicant is not required to complete the training, testing, and bond requirements established for a regular retail salesperson license. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1993 Act No. 181, SECTION 902; 1996 Act No. 301 SECTIONS 3, 4, 5, 15; 1976 Code SECTION 40-29-100. Effect of Amendment The 2013 amendment in subsection (B)(1), substituted "Section 40-29-95" for "regulations of the board"; added subsection (B)(2), relating to financial statements, and redesignated subsections accordingly; added subsection (D), relating to the holder of a lien, and redesignated subsections accordingly; rewrote subsections (F) and (H)(3).
S.C. Code Ann. § 40-85-110 — SC Code / Title 40 / Chapter 85 / Section 40-85-110
SECTION 40-85-110. Grounds for restricting or refusing to grant a license; enforcement of chapter.
Status: in_force

(A) In addition to other grounds provided in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who: (1) requests, receives, participates, or engages, directly or indirectly, in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person; (2) has treated or undertaken to treat human ailments otherwise than by a genetic counselor or has practiced genetic counseling and failed to refer to a licensed medical doctor a patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a genetic counselor; or (3) knowingly aided, assisted, procured, or advised a person to practice genetic counseling contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice genetic counseling. (B)(1) An act or omission by a licensee causing the denial, revocation, suspension, or restriction of a license to practice genetic counseling in another state is sufficient for the issuance of a formal complaint and the commencement of disciplinary proceedings as provided in this section. Proof of an act or omission may be shown by a copy of the transcript of record of the disciplinary proceedings in another state or a copy of the final order, consent order, or similar order stating the basis for the action taken. This subsection only applies when the disciplinary action taken in another state is based on grounds that would constitute grounds for disciplinary action under subsection (A) and Section 40-1-110. (2) Upon the filing of an initial complaint alleging that a licensee has been disciplined in another state, the licensee must submit to the board copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to submit these items within ninety days of the board's request results in the suspension of the individual's license to practice genetic counseling in this State until all of the items have been provided to the board. (3) A licensee may present mitigating testimony to the board regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute grounds for disciplinary action under subsection (A) and Section 40-1-110. (C) A complaint may be made in writing to the board or may be made by the board on its own initiative. (D) In enforcing the provisions of this chapter, the board, upon reasonable grounds, may require a licensee or applicant to submit to a mental or physical examination performed by a physician designated by the board and including, but not limited to, urinalysis and blood work to determine the presence of drugs. The results of an examination are admissible in a hearing before the board, notwithstanding a claim or privilege under a contrary rule of law or statute. A person who accepts the privilege of practicing genetic counseling in this State is considered 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 genetic counseling under this subsection must be afforded at reasonable intervals the opportunity to demonstrate to the board the ability to resume or begin the practice of genetic counseling with reasonable skill and safety to patients. (E) In enforcing the provisions of this chapter, 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 another provision of law. A person who accepts the privilege of practicing genetic counseling in this State or who files an application to practice genetic counseling in this State is considered 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 genetic counseling under this subsection must be afforded reasonable opportunity to demonstrate to the board the ability to resume or begin the practice of genetic counseling with reasonable skill and safety to patients.
S.C. Code Ann. § 40-22-295 — SC Code / Title 40 / Chapter 22 / Section 40-22-295
SECTION 40-22-295. Emergency services immunity.
Status: in_force

(A) A licensed engineer or surveyor who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services or surveying services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed engineer or surveyor's acts, errors, or omissions in performing the engineering or surveying services for a property, structure, building, piping, or other engineered system, either publicly or privately owned. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency. (B)(1) Any licensed engineer or surveyor appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering or surveying services unless the damages result from providing, or failing to provide engineering or surveying services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness. (2) This section applies if the engineer or surveyor does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer or surveyor is an employee of the State, the engineer or surveyor may continue to receive compensation from his employer. (C) This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75. Editor's Note 2012 Act No. 280, SECTION 1, provides as follows: "This act may be cited as the 'Architects' and Engineers' Volunteer Act'." Effect of Amendment 2017 Act No. 18, SECTION 1, inserted references to surveyors, surveying services, and surveying throughout the section.
S.C. Code Ann. § 40-55-120 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-120
SECTION 40-55-120. Statement of patient rights and procedures for complaints.
Status: in_force

All psychologists subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board.
S.C. Code Ann. § 40-36-50 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-50
SECTION 40-36-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation; 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) The board shall establish fees in regulation. (C) The board may direct applicants to pay an examination fee directly to a third party who has contracted to administer the examination. (D) All fees are nonrefundable and may be prorated to comply with biennial licensure.
S.C. Code Ann. § 40-57-340 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-340
SECTION 40-57-340. Conditions for license renewal; background checks.
Status: in_force

(A) As a condition of active license renewal: (1) A broker or associate shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses. The ten hours must include a minimum of four hours of instruction in mandated topics. (2) A broker-in-charge shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses approved by the commission. The ten hours must include a minimum of four hours of instruction in mandated topics for a broker or associate license and four hours of continuing education must be in advanced real estate topics designed for brokers-in-charge. (3) A license must be renewed biennially coinciding with the licensees' continuing education deadline. Approximately one-half of the licensees must renew in even-numbered years and the remainder in odd-numbered years. (B)(1) Exempt from the biennial continuing education required by subsection (A) are: (a) an associate who successfully completes a post-licensing course or takes a broker course is exempt for the renewal period during which the course was taken; (b) a licensee while on inactive status; (c) a broker or associate with twenty-five years or more of licensure in South Carolina who is sixty-five years of age or more may apply for an age and experience-based full continuing education waiver, and upon granting of the waiver, is exempt from the continuing education requirements of this chapter; (d) a broker or associate with a minimum of twenty-five years of licensure in South Carolina who may apply to be granted an experience-based partial continuing education waiver, and upon granting of the waiver, is required to complete only a mandatory four-hour core course biennially to maintain active licensure; or (e) a nonresident broker or a nonresident associate who has successfully satisfied the continuing education requirements of their jurisdiction of residence may be exempt with approval of the commission. (2) A broker-in-charge who has been granted a partial continuing education waiver is required to take a four-hour core course and the mandated four-hour broker-in-charge course biennially. (3) A licensee who previously has been granted a full continuing education waiver by the commission is exempt from the continuing education requirements of this chapter. (C) A broker or associate who takes more than the required number of hours during a two-year period may carry forward up to four hours of elective courses to another renewal period. (D) A broker or associate who fails to submit to criminal background check requirements of this section or complete the continuing education requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees or submission to a criminal background check and payment of applicable fees, whichever remedies the deficiency that caused the licensee to be placed on inactive status. Editor's Note 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 2016 Act No. 170, SECTION 1, rewrote the section. 2017 Act No. 60, SECTION 2, in (A)(1) and (A)(2), inserted "submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall"; and in (D), inserted "submit to criminal background check requirements of this section or" and "or submission to a criminal background check and payment of applicable fees, whichever remedies the deficiency that caused the licensee to be placed on inactive status". 2022 Act No. 167, SECTION 1, rewrote (B). 2024 Act No. 204, SECTION 3, rewrote the section. 2025 Act No. 27, SECTION 1, in (B)(1), added (e), and made nonsubstantive changes.
S.C. Code Ann. § 40-47-44 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-44
SECTION 40-47-44. Application for reinstatement of license.
Status: in_force

In addition to compliance with all of the terms and conditions for reinstatement of a licensee required in a final order of the board, the licensee shall provide documented evidence of compliance with all other requirements for reactivation or renewal of authorization to practice before authorization may be issued. It is the licensee's responsibility to present clear and convincing evidence of rehabilitation that is satisfactory to the board. The board may require the licensee to personally appear in support of a petition for reinstatement or it may proceed upon information filed in the disciplinary matter or thereafter.
S.C. Code Ann. § 40-28-20 — SC Code / Title 40 / Chapter 28 / Section 40-28-20
SECTION 40-28-20. Definitions.
Status: in_force

In addition to the definitions provided in Section 40-1-20, as used in this chapter, unless the context indicates otherwise: (1) "Board" means the Board of Landscape Architectural Examiners. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Emeritus landscape architect" means a landscape architect who has been licensed for ten consecutive years or longer and who is sixty-five years of age or older and who is not engaging or offering to engage in the practice of landscape architecture as defined in this section. (4) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization that practices or offers to practice landscape architecture. (5) "Landscape architect" means a person licensed to practice landscape architecture in this State. (6) "Landscape architecture" means the performance of professional services, such as consultation, investigation, research, planning, design, preparation of drawings and specifications, and responsible inspection in connection with the development of land areas where, and to the extent that, the dominant purpose of the services is the preservation, enhancement, or determination of proper site design, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for drainage structures, and the consideration and determining of environmental problems. This practice includes the design of tangible objects, drainage structures and systems, and features as are incidental and necessary to an overall or ongoing landscape plan and site design, and the landscape architect may certify the design of the tangible objects, drainage structures and systems, features as to structural soundness and as to compliance with all requirements and standards of a government or subdivision of it. This practice does not include the design of structures, drainage structures and systems, and features which are not incidental and necessary to an overall landscape plan and site design and which have separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture and does not include the making of land surveys or final plats for official approval or recordation. Nothing contained in this definition precludes a duly licensed landscape architect from performing the services described in the first sentence of this definition in connection with the settings, approaches, or environment for buildings, structures, or facilities. Nothing contained in this chapter may be construed as authorizing a landscape architect to engage in the practice of architecture, engineering, or surveying as these terms are defined in Section 40-28-210 of this chapter, except that a landscape architect may prepare and certify all design, grading, drainage, and construction plans for roads and site-related projects which are incidental and necessary to an overall or ongoing landscape plan and site design. (7) "Related field" means architecture, civil engineering, horticulture, or other field as determined appropriate by the board. (8) "Responsible charge" means direct control and personal supervision of landscape architecture. Editor's Note Prior Laws: 1976 Act No. 698, SECTION 1; 1984 Act No. 421, SECTION 1; 1990 Act No. 372, SECTIONS 1, 2; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-10.
S.C. Code Ann. § 40-51-80 — SC Code / Title 40 / Chapter 51 / Section 40-51-80
SECTION 40-51-80. Examinations.
Status: in_force

For the purposes of examination the board shall use the National Board of Podiatry Examination and may use other written or oral or written and oral examinations as the board considers necessary; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state. The board shall offer the required examinations at least twice annually. A successful applicant who has completed all requirements is eligible for a certificate to practice podiatric medicine.
S.C. Code Ann. § 40-23-20 — SC Code / Title 40 / Chapter 23 / Section 40-23-20
SECTION 40-23-20. Definitions.
Status: reserved

When used in this chapter: (1) "Abate" or "abatement" refers to actions taken to ameliorate or correct conditions requiring remediation as defined in this section. (2) "Accessible supervision" means the supervisor is on-site or immediately available to supervised persons via telephone, radio, or other electronic means. (3) "Board" means the South Carolina Environmental Certification Board. (4) "Bored" means a large diameter well, commonly greater than or equal to twenty-four inches in diameter, which is typically installed at a very shallow depth and constructed of rock, concrete, or ceramic material. (5) "Certificate of Registration", "Certificate", or "License" means a serially numbered document issued by the board, containing the name of the person registered, certified, or licensed and the date of registration, certification, or licensing and certifying that the person named is authorized to practice a profession regulated by the board as specified on said document. (6) "Coastal well" means an opening into the ground, which qualifies as a "well" of Type II, III, IV, or V construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method into unconsolidated materials, and that does not qualify as an environmental well. (7) "Director" means the Director of Labor, Licensing and Regulation. (8) "Direct push technology" means the creation of a man-made opening in the earth through the use of mechanical means wherein a tool is forced or hammered into the earth. Direct push technology includes but is not limited to cone penetrometers. (9) "Direct supervision" means supervision provided by a licensee who must: (a) be on-site or immediately available to supervise persons by means of telephone, radio, or other electronic means; and (b) maintain continued involvement in appropriate aspects of each professional activity of the supervisee. (10) "Environmental systems operator" is a generic term for any occupation licensed by the board. (11) "Environmental well" means an opening into the ground which qualifies as a "well" of Type I, II, III, IV, or V construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method for obtaining a sample of underground waters or soils for environmental or geological investigation or research or for environmental remediation, where the depth of the opening is reasonably likely to penetrate the water table. (12) "Explorational boring" means a borehole for the purpose of subsurface, mineral investigation, exploration, and mineral sampling that can be converted later to measure groundwater levels. (13) "Human consumption" means water used for drinking, bathing, cooking, dishwashing, maintaining oral hygiene, or other similar uses. (14) "Licensed activity" means any operation, function, or action of any kind in which one may not engage, or offer to engage, without a license issued pursuant to this chapter. (15) "Licensee" means a person currently or previously authorized to practice a licensed activity pursuant to this chapter and includes a person holding a license, permit, certification, or registration granted pursuant to this chapter. (16) "Operator" when used in reference to public water or wastewater treatment means a person employed in a public water treatment facility or public wastewater treatment plant whose duties include alteration of the physical, chemical, or bacteriological characteristics of water or wastewater. When used in reference to public water distribution, "operator" means a person employed in a public water distribution system whose duties include making process control and system integrity decisions about water quality or quantity that affect public health. (17) "Person" means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns. (18) "Public wastewater treatment plant" means that portion of any system that treats domestic or industrial waste and that alters physical, chemical, or bacteriological characteristics before placing the waste into any receiving waters. (19) "Public water distribution system" means that portion of a public water system that is utilized for the delivery of water for human consumption, whether bottled, piped, or delivered through some other constructed conveyance, up to the point of consumer or owner connection. (20) "Public water system" means: (a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance, for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin; (b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection; (c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system must be a separate public water system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if: (i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or similar uses; (ii) the Department of Health and Environmental Control determines that alternative water sources to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking or cooking; or (iii) the Department of Health and Environmental Control determines the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level or protection provided by the applicable State Primary Drinking Water Regulations. (21) "Public water system treatment facility" means that portion of a public water system that alters the physical, chemical, or bacteriological characteristics of water furnished to the public for human consumption, whether the source of supply is of surface or subterranean origin. (22) "Remediation" means the correction, repair, restoration, or any other action taken in order to bring any condition or circumstance into compliance with a statute, standard, or regulation. (23) "Rock well" means an opening into the ground, which qualifies as a "well" of Type I construction as defined in this section, that is made by boring, drilling, jetting, driving, direct push technology, or any other method into consolidated materials, and that does not qualify as an environmental well. (24) "Safe Drinking Water Act" means Article 1, Chapter 55, Title 44. (25) "Soil sampling" means the extraction of soils from beneath the surface of the earth by mechanical means for the purpose of environmental or geological investigation or research or for environmental remediation, where the depth of the opening is reasonably likely to penetrate the water table. (26) "Well" means a manmade horizontal, vertical, or angled opening in the ground made by digging, boring, drilling, jetting, driving, direct push technology, or any other method through which water is injected or withdrawn from beneath the surface of the earth for the purpose of human consumption, irrigation, industrial or commercial processes, or construction of closed loop systems. The duration of, existence of, or use of any well is of no consequence for purposes of this definition. For purposes of this chapter, wells are categorized by the following types of construction: (a) Construction Type I: open hole wells into bedrock aquifers; (b) Construction Type II: screened, natural filter wells into unconsolidated aquifers; (c) Construction Type III: screened, artificial filter wells into unconsolidated aquifers including, but not limited to, gravel pack filters; (d) Construction Type IV: open hole wells into limestone aquifers; (e) Construction Type V: bored wells; (f) Construction Type VI: environmental wells of any other construction method. (27) "Well drilling category" means the taxonomy of well drilling licenses according to the type of well a licensee is authorized to construct including, but not limited to, environmental wells, coastal wells, rock wells, and bored wells. Editor's Note Prior Laws: 1962 Code SECTION 56-1544; 1966 (54) 2668; 1968 (55) 2439; 1969 (56) 179; 1972 (57) 2829; 1981 Act No. 157, SECTION 1; 1982 Act No. 459, SECTION 1; 1988 Act No. 621, SECTION 1; 2000 Act No. 322, SECTIONS 2, 3; 2000 Act No. 325, SECTIONS 1, 2; 1976 Code SECTION 40-23-10. Effect of Amendment 2014 Act No. 156, SECTION 1, added subsection (9), definition of "Direct supervision"; redesignated former subsection (9) as subsection (11); redesignated former subsection (28) as subsection (12), definition of "Explorational boring"; redesignated former subsections (11) through (15) as subsections (13) through (17); and deleted former reserved subsections (16) and (17).
S.C. Code Ann. § 40-37-230 — SC Code / Title 40 / Chapter 37 / Section 40-37-230
SECTION 40-37-230. Denial of license.
Status: in_force

As provided for in Chapter 1 of Title 40, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-56-250 — SC Code / Title 40 / Chapter 56 / Section 40-56-250
SECTION 40-56-250. Orders of board to remove or correct hazardous condition; administrative citations and administrative penalties.
Status: in_force

(A) If the board or its designee finds a condition as a result of an inspection, that is hazardous to the public safety or a violation of this chapter or regulations promulgated pursuant to this chapter, the board shall issue an order in writing to remove or correct the condition. If a person fails to comply with the terms of the order, the board may issue administrative citations and may assess administrative penalties against any licensee. (B) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. (C) Administrative penalties assessed pursuant to this section may not exceed two thousand five hundred dollars for each violation. (D) An entity or individual assessed administrative penalties by citation under this section may appeal the citation to the Board of Pyrotechnic Safety within fifteen days of receipt of the citation. The appeal must be filed in writing. If an appeal is filed, the board shall schedule a hearing, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order, and the administrative penalties must be paid within thirty days of receipt of the citation.
S.C. Code Ann. § 40-79-320 — SC Code / Title 40 / Chapter 79 / Section 40-79-320
SECTION 40-79-320. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-2-180 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-180
SECTION 40-2-180. Unpaid costs become judgment.
Status: in_force

(A) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days of the date they are due, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. 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 and subject to the collection and enforcement provisions of the Setoff Debt Collection Act. (B) All fines and costs collected under this chapter must be remitted by the department to the State Treasurer and deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings under this chapter. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-59-260 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-260
SECTION 40-59-260. Exception for projects by property owner for personal use; exemption disclosure statement; notice filed with register of deeds.
Status: in_force

(A) This chapter does not apply to an owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if: (1) the owner does the work himself, with his own employees, or with licensed contractors or registered entities or individuals; (2) the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent; and (3) the general public does not have access to this structure. (B) In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate or occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent, unless otherwise approved by the commission, and is subject to the penalties provided in this chapter. As used in this section, "sale" or "rent" includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property. This section does not exempt a person who is employed by the owner and who acts in the capacity of a builder or a specialty contractor of any kind. (C) To qualify for exemption under this section, an owner must personally appear and sign the building permit application. The local permitting agency shall provide the person with a disclosure statement, provided by the department, in substantially the following form: "Disclosure Statement State law requires residential construction to be done by licensed residential builders and specialty contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own builder even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence. The building must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent a building you have built yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is a violation of this exemption. You may not hire an unlicensed person as your residential builder or specialty contractor. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations." (D) At the time an owner personally appears and signs the building permit application as required by subsection (C) of this section, the local permitting agency shall provide the owner with all forms necessary to comply with subsection (E) of this section. (E) If a residential building or structure has been constructed by an owner under the exemption provided for in this section, the owner of the residential building or structure must promptly file as a matter of public record a notice with the register of deeds, indexed under the owner's name in the grantor's index, stating that the residential building or structure was constructed by the owner as an unlicensed builder. Failure to do so revokes the statutory exemption. (F) Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter.
S.C. Code Ann. § 40-81-265 — SC Code / Title 40 / Chapter 81 / Section 40-81-265
SECTION 40-81-265. Toughman contest or off the street boxing license.
Status: in_force

In order to be licensed as a contestant in a toughman contest or off the street boxing, an applicant: (1) shall be between the ages of 18 and 35; (2) must not be now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commission's approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer; (3) shall submit a completed application with payment of the prescribed fee; (4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last toughman or off the street boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological examination that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician; (5) involved in off the street boxing tournaments shall be required to undergo an ophthalmology examination if he or she indicates on the application he or she has been knocked out in the last twelve months.
S.C. Code Ann. § 40-29-40 — SC Code / Title 40 / Chapter 29 / Section 40-29-40
SECTION 40-29-40. Operations and activities provided by Department of Labor, Licensing and Regulation.
Status: in_force

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.
S.C. Code Ann. § 40-54-100 — SC Code / Title 40 / Chapter 54 / Section 40-54-100
SECTION 40-54-100. Exempt transactions.
Status: in_force

This chapter shall not apply to the following specific transactions: (1) a transaction between dealers of precious metals where the selling dealer has already complied with the applicable holding period, nor shall they apply to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions. However, this exemption only applies to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions for the purchase of coins; (2) the purchase of manufactured items bought directly from the manufacturer or his authorized representatives; (3) the purchase of bulk precious metals brought directly from the commodity exchanges, banks, dealers or licensed brokers; and (4) the use of a coin strictly as legal tender. Effect of Amendment 2014 Act No. 292, SECTION 6, in paragraph (1), substituted "applicable holding period" for "seven day holding period", and added the second sentence; added paragraph (4); and made other nonsubstantive changes.
S.C. Code Ann. § 40-81-360 — SC Code / Title 40 / Chapter 81 / Section 40-81-360
SECTION 40-81-360. Duties of promoters.
Status: in_force

(A) All promoters holding licenses and permits shall comply with all applicable city, county, state, and federal laws regarding licensure and events or exhibitions. Promoters shall pay the commission five percent of the total admissions received at the event or exhibition at the time and in the manner designated by the commission. Promoters shall pay the commission an amount equal to the out of pocket cost of event exhibition inspections and any related investigations made by the department. (B) A licensed promoter is responsible for compliance and enforcement of this chapter, regulations, and policies of the commission. (C) Promoters are responsible for maintaining order and security at events and exhibitions. Promoters of boxing events shall have an ambulance with appropriate medical equipment and personnel on site during the event or exhibition.
S.C. Code Ann. § 40-57-380 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-380
SECTION 40-57-380. Effect of termination, expiration, completion or performance of agency agreements; accounting and confidentiality.
Status: in_force

A real estate broker and all supervised licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of: (1) accounting in a timely manner for all money and property related to and received during the relationship; and (2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the: (a) client permits the disclosure by written agreement; (b) disclosure is required by law; (c) 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 (d) the information becomes public from a source other than the broker. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in the first undesignated paragraph, substituted "supervised" for "associated".
S.C. Code Ann. § 40-60-39 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-39
SECTION 40-60-39. Conformity of education and other requirements to those established by federal statutes and regulations.
Status: in_force

The board is authorized to waive or to modify any experience, examination, or education requirements established for appraisers in this chapter in order to bring those requirements into conformity with any requirements established by federal statutes and regulations relating to state licensure of appraisers as established by federal financial institutions regulatory agencies, as defined in Title XI of the U.S. Code, or the Department of Housing and Urban Development, or other similar agencies. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-250.