S.C. Code Ann. § 40-43-89 — SC Code / Title 40 / Chapter 43 / Section 40-43-89
SECTION 40-43-89. Wholesale distributor permits and renewals; required information; changes; forms; personnel and facility requirements; recordkeeping; disposal of outdated, damaged, impure, or unsealed drugs; adherence to policies and procedures; inspections and audits; application of federal, state, and local laws; mail order prescription services; grounds for denial or suspension of permit.
Status: in_force

(A)(1) The following information must be provided to the board with an application for a wholesale distributor permit, and for any subsequent permit renewals: (a) name, full business address, and telephone number of the applicant; (b) all trade or business names used by the applicant; (c) addresses, telephone numbers, and the names of contact persons for the facility used by the applicant for storage, handling, and distribution of drugs; (d) the type of ownership or operation, i.e., partnership, corporation, or sole proprietorship; and (e) name of the owner and/or operator of the applicant, including: (i) if a person, the name, address, and social security number or date of birth, or both, of the person; (ii) if a partnership, the name, address, and social security number or date of birth, or both, of each partner, and the name of the partnership; (iii) if a corporation, the name, address, social security number or date of birth, or both, and title of each corporate officer and director, the corporate names, the name of the state of incorporation, and the name of the parent company, if any; the name, address, and social security number of each shareholder owning ten percent or more of the voting stock of the corporation, including over-the-counter stock, unless the stock is traded on a major stock exchange and not over-the-counter; (iv) if a sole proprietorship, the full name, address, and social security number or date of birth, or both, of the sole proprietor and the name of the business entity. (2) Changes in any information in this subsection must be submitted to the Board of Pharmacy within thirty days of the change. (3) Pursuant to Section 40-43-83(E) and Section 40-43-90, the information required for initial permitting or renewal of a permit of a wholesale distributor must be submitted on forms prepared by the Board of Pharmacy or by the National Association of Boards of Pharmacy which shall act as a clearinghouse of applications for the board and must be submitted to the board or NABP accompanied by the applicable fee. (4) The board may suspend, revoke, deny, or refuse to renew the permit of wholesale drug distributors other than pharmacies dispensing or distributing drugs or devices directly to patients. (B) The licensed wholesale distributor shall employ adequate personnel with the education and experience necessary to safely and lawfully engage in the wholesale distribution of drugs. (C) All facilities where drugs are stored, warehoused, handled, held, offered, marketed, or displayed shall: (1) be of suitable size and construction to facilitate cleaning, maintenance, and proper operations; (2) have storage areas big enough to provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions; (3) have a quarantine area for storage of drugs that are outdated, damaged, deteriorated, misbranded, or adulterated, or that are in immediate or sealed secondary containers that have been opened; (4) be maintained in a clean and orderly condition; and (5) be free from infestation by insects, rodents, birds, or vermin of any kind. (D)(1) All facilities used for wholesale drug distribution must be secure from unauthorized entry, access from outside the premises must be kept to a minimum and well controlled, the outside perimeter of the premises must be well lighted, and entry into areas where prescription drugs are held must be limited to authorized personnel. (2) All facilities must be equipped with an alarm system to detect entry after hours. (3) All facilities must be equipped with a security system that provides suitable protection against theft and diversion. When appropriate, the security system shall provide protection against theft or diversion that is facilitated or hidden by tampering with computers or electronic records. (E) All drugs must be stored at appropriate temperatures and under appropriate conditions in accordance with requirements, if any, in the labeling of such drugs, or with requirements in the current edition of an official compendium. If no storage requirements are established for a drug, the drug may be held at "controlled" room temperature, as defined in an official compendium, to help ensure that its identity, strength, quality, and purity are not adversely affected. Temperature and humidity must be automatically documented by electronic recording devices. The recordkeeping requirements in subsection (I) must be followed for all stored drugs. (F) Upon receipt, each outside shipping container must be visually examined for identity and to prevent the acceptance of contaminated drugs or drugs that are otherwise unfit for distribution. This examination must be adequate to reveal container damage that would suggest possible contamination or other damage to the contents. Each outgoing shipment must be carefully inspected for identity of the drug products and to ensure that there is no delivery of drugs that has been damaged in storage or held under improper conditions. The recordkeeping requirements in subsection (I) must be complied with for all incoming and outgoing drugs. (G)(1) Drugs that are outdated, damaged, deteriorated, misbranded, or adulterated must be quarantined and physically separated from other drugs until they are destroyed or returned to their supplier. (2) A drug whose immediate or sealed outer or sealed secondary containers have been opened or used must be identified as such and must be quarantined and physically separated from other drugs until they are either destroyed or returned to the supplier. (3) If the conditions under which a drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, the drug must be destroyed or returned to the supplier unless examination, testing, or other investigation proves that the drug meets appropriate standards of safety, identity, strength, quality, and purity. In determining whether the conditions under which a drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, the wholesale drug distributor shall consider, among other things, the conditions under which the drug has been held, stored, or shipped before or during its return and the condition of the drug and its container, carton, or labeling, as a result of storage or shipping. (4) The recordkeeping requirements in subsection (I) must be complied with for all outdated, damaged, deteriorated, misbranded, or adulterated drugs. (H)(1) Wholesale drug distributors shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of drugs. These records shall include: (a) the source of the drugs, including the name and principal address of the seller or transferor, and the address of the location from which the drugs were shipped; (b) the identity and quantity of the drugs received and distributed or disposed of; and (c) the dates of receipt and distribution or other disposition of the drugs. (2) Inventories and records must be made available for inspection and photocopying by any authorized official of any governmental agency charged with enforcement of this chapter for a period of two years following disposition of the drugs. (3) Records described in this subsection that are kept at the inspection site or that can be immediately retrieved by computer or other electronic means must be readily available for authorized inspection during the retention period. Records kept at a central location apart from the inspection site and not electronically retrievable must be available for inspection within two working days of a request by an authorized official of any governmental agency charged with enforcement of this chapter. (I) Wholesale drug distributors shall establish, maintain, and adhere to written policies and procedures which shall be followed for the receipt, security, storage, inventory, and distribution of drugs, including policies and procedures for identifying, recording, and reporting losses or thefts, and for correcting all errors and inaccuracies in inventories. Wholesale drug distributors shall include in their written policies and procedures: (1) a procedure whereby the oldest approved stock of a drug product is distributed first. The procedure may permit deviation from this requirement if such deviation is temporary and appropriate; (2) a procedure to be followed for handling recalls and withdrawals of drugs. The procedure must be adequate to deal with recalls and withdrawals due to: (a) any action initiated at the request of the Food and Drug Administration or other federal, state, or local law enforcement or other government agency, including the Board of Pharmacy; (b) any voluntary action by the manufacturer to remove defective or potentially defective drugs from the market; or (c) any action undertaken to promote public health and safety by the replacing of existing merchandise with an improved product or new package design; (3) a procedure to ensure that wholesale drug distributors prepare for, protect against, and handle any crisis that affects security or operation of any facility in the event of a strike, fire, flood, or other natural disaster, or other situations of local, state, or national emergency; (4) a procedure to ensure that outdated drugs are segregated from other drugs and either returned to the manufacturer or destroyed. This procedure shall provide for written documentation of the disposition of outdated drugs which must be maintained for two years after disposition of the outdated drugs. (J) Wholesale distributors shall establish and maintain a current list of officers, directors, managers, and other individuals in charge of wholesale drug distribution, storage, and handling, including a description of their duties and a summary of their qualifications. (K) Wholesale distributors shall permit the Board of Pharmacy and authorized federal, state, and local law enforcement officials to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner, to the extent authorized by law. Wholesale distributors that deal in controlled substances shall register with the appropriate state-controlled substance authority and with the Drug Enforcement Administration, and shall comply with all applicable state, local, and DEA requirements. (L) Wholesale distributors are subject to the provisions of any applicable federal, state, or local laws or regulations that relate to drug product salvaging or reprocessing. (M) This chapter may not be construed to prevent licensed pharmacists from filling, as otherwise provided by law, prescriptions originating outside the boundaries of this State and official United States government prescriptions issued by authorized governmental officials. (N)(1) A facility located outside this State, whose primary business is mail order prescription service, shall have a permit issued by the board to ship, mail, or deliver a controlled substance or dangerous drug or device into this State pursuant to a prescription of a licensed practitioner. The facility shall report to the board: (a) information on the location, names, and titles of all principal corporate officers and pharmacists who are dispensing controlled substances or dangerous drugs or devices to residents of this State. The report must be updated annually and within thirty days of a change of permit holder or pharmacist-in-charge; (b) that it complies with the applicable laws for operation in the state in which it is located and with the provisions of this section. The facility shall have a valid unexpired license, permit, or registration in compliance with the laws of the state in which it is located and must be constantly under the personal and immediate supervision of a licensed pharmacist. The facility shall submit to the board with its initial application and with each renewal application a copy of its most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located. These inspections are deemed to meet all inspection requirements contained in this chapter; (c) that it maintains its records of controlled substances or dangerous drugs or devices dispensed to patients in this State so that the records are readily retrievable. (2) Nothing in this chapter requires that pharmacists employed by facilities located in other states and who are not engaged in the practice of pharmacy in this State be licensed in this State. (3) If the state in which the facility is located does not establish, by statute or regulation, a ratio describing the number of auxiliary personnel that a pharmacist may supervise, or otherwise define the role of the pharmacist in the compounding and dispensing of prescription drugs, then that facility may not allow a pharmacist to supervise more than two pharmacy technicians at any time in the compounding and dispensing of prescription drugs. (4) A pharmacy, as described in this section, during its regular hours of operation but not less than six days or forty hours a week, shall provide a toll-free telephone service to facilitate communication between patients in this State and a pharmacist at the pharmacy who has access to their records. This telephone number must be printed on a label affixed to the container for the substance, drug, or device. (5) The board may deny, revoke, suspend, or otherwise take action against a facility permit issued under the provisions of this section for: (a) failure to comply with the requirements of: (i) this section; (ii) portions of this chapter dealing with prescription drug orders, drug product selection, labeling, patient records, drug review, drug dispensing, patient counseling, emergency refills, and advertisements; (iii) subchapter 1, Chapter 13, Title 21 (Federal Controlled Substance Act); (iv) Chapter 2, Title 21 of the Code of Federal Regulations (Federal Controlled Substance Regulation); (b) conduct which causes serious bodily or serious psychological injury to a resident of this State if the board has referred the matter to the regulatory or licensing agency under which the pharmacy operates in the state in which it is located and that agency fails to initiate an investigation within forty-five days of the referral. The board shall maintain a record of referrals pursuant to this item and action taken on them. (6) A facility required to obtain a permit pursuant to this subsection but which has not been issued a permit, may not advertise its services in this State, and a resident of this State may not advertise the services for the facility. (7) A permit issued pursuant to this section is not evidence that the pharmacy is doing business within this State. (8) A permit issued pursuant to this section is not evidence that the pharmacy is doing business within this State.
S.C. Code Ann. § 40-19-150 — SC Code / Title 40 / Chapter 19 / Section 40-19-150
SECTION 40-19-150. Voluntary surrender of license by licensee being investigated.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-43-195 — SC Code / Title 40 / Chapter 43 / Section 40-43-195
SECTION 40-43-195. Central fill pharmacies.
Status: in_force

(A) For purposes of this section: (1) "Central fill" means the filling of a prescription drug order by one central fill pharmacy permitted by this State at the request of an originating pharmacy permitted by this State. (2) "Central fill pharmacy" means a permitted pharmacy facility that, upon the request of an originating pharmacy, fills a prescription drug order and returns the filled prescription to the originating pharmacy for delivery to the patient or patient's agent. A central fill pharmacy that returns filled prescriptions to an originating pharmacy must not be required to obtain a wholesaler/distributor permit. (3) "Originating pharmacy" means a pharmacy permitted by and located in this State that, upon receipt of a prescription drug order from a patient, requests a central fill pharmacy to fill the order and upon receipt of the filled prescription drug order, delivers the prescription to the patient or patient's agent. (B)(1) An originating pharmacy permitted by this State may outsource a prescription drug order filling to a central fill pharmacy permitted by this State if the pharmacies: (a) have the same owner or have entered into a written contract or agreement that outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations; (b) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to dispense or process a prescription drug order; (c) ensure all state and federal laws regarding patient confidentiality, network security, and use of shared databases are followed; and (d) maintain the prescription information in a readily retrievable manner. (2) The pharmacist-in-charge of a central fill pharmacy shall ensure that: (a) the pharmacy maintains and uses adequate storage or shipment containers and shipping processes to ensure drug stability and potency. These shipping processes must include the use of appropriate packaging material or devices, or both, to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process; and (b) the filled prescriptions are shipped in containers that are sealed in a manner that would show evidence of having been opened or tampered with. (3) To the extent that a central fill pharmacy dispenses controlled substances, the central fill pharmacy must obtain a registration from the Department of Health and Environmental Control, Bureau of Drug Control. Controlled substance prescriptions filled by a central fill pharmacy must comply with both state and federal statutes and regulations. (4) To the extent a pharmacy is acting as a central fill pharmacy, it may not: (a) fill prescriptions for controlled substances listed in Schedule II; (b) fill prescriptions provided directly by a patient or an individual practitioner; (c) mail or otherwise deliver a prescription directly to a patient or an individual practitioner; or (d) provide or dispense cannabis products not approved by the Federal Drug Administration. (C)(1) An originating pharmacy that outsources prescription filling to a central fill pharmacy must, prior to outsourcing the prescription: (a) notify patients that their prescription may be filled by another pharmacy; and (b) provide the name of that pharmacy or notify the patient if the pharmacy is part of a network of pharmacies under common ownership and that any of the network pharmacies may fill the prescription. (2) Patient notification may be provided through a one-time written notice to the patient or through use of a sign in the pharmacy. (D)(1) A central fill pharmacy must provide written information regarding the prescription with the filled prescription and a toll-free phone number for patient questions. The following statement must be provided with the prescription before delivery to the patient: "Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions". (2) A pharmacist at the originating pharmacy shall offer the patient or the patient's agent information about the prescription drug or device in accordance with Section 40-43-86(L). (3) This subsection does not apply to patients in facilities including, but not limited to, hospitals or nursing homes, where drugs are administered to patients by a person authorized to do so by law. (E) The central fill pharmacy must: (1) place on the prescription label: (a) the name and address or name and pharmacy license number of the pharmacy filling the prescription; (b) the name and address of the originating pharmacy which receives the filled prescription for delivery to the patient or the patient's agent; and (c) in some manner indicate which pharmacy filled the prescription (e.g., "Filled by ABC Pharmacy for XYZ Pharmacy"); and (2) comply with all other labeling requirements of federal and state law including, but not limited to, Section 40-43-86. (F) A central fill policy and procedure manual must be maintained at both pharmacies and must be available for inspection. The originating and central fill pharmacies are required to maintain only those portions of the policy and procedure manual that relate to that pharmacy's operations. The manual must at minimum contain: (1) An outline of the responsibilities of the central fill pharmacy and the originating pharmacy including, but not limited to: (a) patient notification of central fill processing; (b) confidentiality and integrity of patient information procedures; (c) drug utilization review; (d) record keeping and logs, including a list of the names, addresses, phone numbers, and license or registration numbers of the pharmacies, pharmacists, and pharmacy technicians at the central fill pharmacy and at the originating pharmacy; (e) counseling responsibilities; (f) procedures for return of prescriptions not delivered to a patient and procedures for invoicing medication transfers; (g) policies for operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems; (h) safe delivery of prescriptions to patients; (i) processes to ensure stability and potency of medication; (j) requirements for storage and shipment of prescription medication; and (k) procedures for conducting an annual review of written policies and procedures and for documentation of this review. (2) Other responsibilities regarding proper handling of a prescription and delivery to a patient or a patient's agent pursuant to this chapter and the Department of Health and Environmental Control, controlled substances laws and regulations. (G)(1) Records may be maintained in an alternative data retention system including, but not limited to, a data processing system or direct imaging system, if: (a) the records maintained in the alternative system contain all of the information required on the manual record; and (b) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agency. (2) Each pharmacy must maintain records in accordance with the provisions of Section 40-43-86 and must be able to produce records as requested by the board. (3) The originating pharmacy records must include the date the request for filling was transmitted to the central fill pharmacy. (4) The central fill pharmacy records must include: (a) the date the filled prescription was mailed by the central fill pharmacy; and (b) the name and address to which the filled prescription was shipped. (H)(1) A central fill pharmacy must complete a central fill pharmacy permit application provided by the board, following the procedures as specified in Section 40-43-83, and also provide the following information: (a) evidence that the applicant holds a pharmacy license, registration, or permit issued by the state in which the pharmacy is located; (b) the name of the owner, permit holder, and pharmacist-in-charge of the pharmacy for service of process; (c) evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed by the applicant to a resident of this State not later than seventy-two hours after the time the board requests the record; (d) an affidavit by the pharmacist-in-charge which states that the pharmacist has read and understands the laws and regulations relating to a central fill pharmacy in this State; and (e) pay the required fee as set by the board through regulation. (2) A central fill pharmacy must comply with all provisions of this chapter. (I) Nothing in this section may be construed to circumvent any requirement of Section 40-43-86 of the South Carolina Pharmacy Practice Act. (J) A central fill pharmacy may not contact a patient for whom it has provided central fill services on behalf of an originating pharmacy for the purpose of soliciting or requesting to refill a prescription, or to fill a new prescription, for a period of five years after the originating pharmacy has stopped using the services of the central fill pharmacy. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 5.B, 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 5.]B. This SECTION takes effect upon approval by the Governor."
S.C. Code Ann. § 40-43-20 — SC Code / Title 40 / Chapter 43 / Section 40-43-20
SECTION 40-43-20. License required.
Status: in_force

Except as otherwise provided in this chapter, it is unlawful for an individual to engage in the practice of pharmacy unless currently licensed pursuant to this chapter. Editor's Note Prior Laws:1962 Code SECTION 56-1303; 1952 Code SECTION 56-1303; 1942 Code SECTION 5170; 1932 Code SECTION 5170; 1925 (34) 32; 1984 Act No. 415; 1976 Code SECTION 40-43-30.
S.C. Code Ann. § 40-28-60 — SC Code / Title 40 / Chapter 28 / Section 40-28-60
SECTION 40-28-60. Renewal of license; requirements; reinstatement of license after lapse; return to active practice of emeritus landscape architect.
Status: in_force

(A) A license issued under this chapter must be renewed every two years on or before a date set by the department upon the payment of a renewal fee pursuant to Section 40-28-80 and evidence of twenty hours of continuing education as established by the board in regulation. An emeritus landscape architect is exempt from these continuing education requirements. (B) A licensee who allows his or her license to lapse for less than one year by failing to renew the license in accordance with this section may be reinstated by the department upon satisfactory explanation by the licensee of failure to renew the license and upon payment of a reinstatement fee and the current renewal fee, as established by Section 40-28-80. (C) If a license has lapsed for more than two years, the applicant must reapply for licensure. A person practicing as a landscape architect in this State during the time that his or her license has lapsed has engaged in unlicensed practice and is subject to penalties provided for in this chapter. (D) An emeritus landscape architect who wishes to return to active practice shall complete continuing education requirements for an exempted renewal period, not to exceed a total of forty hours of continuing education and upon payment of a reinstatement fee and the current renewal fee, as established by Section 40-28-80. Editor's Note Prior Laws: 1976 Act No. 698 SECTION 20; 1990 Act No. 372, SECTION 14; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-200.
S.C. Code Ann. § 40-60-400 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-400
SECTION 40-60-400. Certification or licensure required for employees and independent contractors.
Status: in_force

An employee, or independent contractor of, the appraisal management company must be an appraiser certified or licensed in this State to perform a Uniform Standards of Professional Appraisals Practice Standards 3 and 4 appraisal review of property located in this State. 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 22, substituted "Standards 3 and 4" for "Standard 3".
S.C. Code Ann. § 40-79-250 — SC Code / Title 40 / Chapter 79 / Section 40-79-250
SECTION 40-79-250. Liability insurance.
Status: in_force

(A) Alarm business employees are not required to obtain a Certificate of Comprehensive General Liability Insurance unless required by regulation. (B) No alarm license may be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing for the following minimum coverage: one hundred thousand dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured. (C) An alarm licensee shall notify the department upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance within fifteen days of the date of cancellation. The cancellation does not affect any liability on the policy, which accrued prior to the date of cancellation. A new policy must be obtained by the alarm business within thirty days of cancellation. (D) Upon failure of the licensee to notify the department of cancellation of his liability insurance, the license may be canceled and may not be reinstated until a proper insurance certificate has been submitted to the department for approval. An initial application must be filed after thirty days of cancellation of the insurance policy. Examinations are not required if the qualifying party otherwise meets the requirements of this chapter. (E) The policy must be purchased from an insurer or licensed agent authorized to do business in this State. Editor's Note Prior Laws:1986 Act No. 512, SECTION 8; 1987 Act No. 175, SECTION 3; 1976 Code SECTION 40-79-80.
S.C. Code Ann. § 40-47-995 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-995
SECTION 40-47-995. Termination of supervisory relationship; notice to board.
Status: in_force

If the supervisory relationship between a PA and the supervising physician is terminated for any reason, the PA and the supervising physician shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until new scope of practice guidelines are submitted by a supervising physician and are approved by the board. After notification to the board, a current alternate supervising physician for the PA may serve as the supervising physician under the existing scope of practice guidelines, for a period not to exceed ninety days, until a new supervising physician is designated and new scope of practice guidelines are approved. Effect of Amendment The 2013 amendment substituted "new scope of practice guidelines are submitted" for "a new application is submitted". 2019 Act No. 32, SECTION 2, in the first sentence, substituted "PA" for "physician assistant" in two places, and added the third sentence.
S.C. Code Ann. § 40-58-100 — SC Code / Title 40 / Chapter 58 / Section 40-58-100
SECTION 40-58-100. Authority to promulgate regulations.
Status: in_force

The administrator may promulgate regulations necessary to effectuate the purposes of this chapter. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-65-38 — SC Code / Title 40 / Chapter 65 / Section 40-65-38
SECTION 40-65-38. Renewal of license; requirements; reinstatement of license after lapse.
Status: in_force

(A) A licensee shall file an application for renewal every two years on or before a date designated by the department. The application for renewal must include: (1) current contact information; (2) renewal fee; (3) acceptable continuing education promulgated by the department in regulation, upon consultation with the advisory council; and (4) other information the department may request. (B) A licensee who allows a license to lapse by failing to renew, as provided for in subsection (A), may reinstate the license within three years from the date the license lapsed by filing a reinstatement application and paying the required fees. After three years from the date the licensed lapsed, the person must apply for a new license, meeting all requirements for licensure in effect at the time of applying. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.48; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-180.
S.C. Code Ann. § 40-25-170 — SC Code / Title 40 / Chapter 25 / Section 40-25-170
SECTION 40-25-170. Appeal.
Status: in_force

(A) The final order of the department in proceedings for the suspension or revocation of certificates of registration are subject to review by the circuit court of Richland County, the county in which the registrant has his principal place of business, or the county in which the books and records of the department are kept. Other final orders of the department under this chapter are subject to review in the same courts. (B) Appeals to the circuit court must be upon the original records before the department, and the court in its discretion may affirm, reverse, or modify an order made by the department.
S.C. Code Ann. § 40-1-10 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-10
SECTION 40-1-10. Extent of regulation.
Status: in_force

(A) The right of a person to engage in a lawful profession, trade, or occupation of choice is clearly protected by both the Constitution of the United States and the Constitution of the State of South Carolina. The State cannot abridge this right except as a reasonable exercise of its police powers when it is clearly found that abridgement is necessary for the preservation of the health, safety, and welfare of the public. (B) No statute or regulation may be imposed under this article upon a profession or occupation except for the exclusive purpose of protecting the public interest when the: (1) unregulated practice of the profession or occupation can harm or endanger the health, safety, or welfare of the public and the potential for harm is recognizable and not remote or dependent upon tenuous argument; (2) practice of the profession or occupation has inherent qualities peculiar to it that distinguish it from ordinary work or labor; (3) practice of the profession or occupation requires specialized skill or training and the public needs and will benefit by assurances of initial and continuing professional and occupational ability; and (4) public is not effectively protected by other means. (C) If the General Assembly determines that a particular profession or occupation should be regulated or that a different degree of regulation should be imposed on the regulated profession or occupation, it shall consider the following degrees of regulation in the order provided and only shall regulate the profession or occupation to the degree necessary to fulfill the need for regulation: (1) If existing common law and statutory causes of civil action or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm, the General Assembly first may consider making statutory changes to provide stricter causes for civil action and criminal prosecution. (2) If it is necessary to determine the impact of the operation of a profession or occupation on the public, the General Assembly may consider implementing a system of registration. (3) If the public requires a substantial basis for relying on the professional services of the practitioner, the General Assembly may consider implementing a system of certification. (4) If adequate regulation cannot be achieved by means less than licensing, the General Assembly may establish licensing procedures. (D) In determining the proper degree of regulation, if any, the General Assembly shall determine: (1) whether the practitioner, if unregulated, performs a service to individuals involving a hazard to the public health, safety, or welfare; (2) what the opinion of a substantial portion of the people who do not practice the particular profession, trade, or occupation is on the need for regulation; (3) the number of states which have regulatory provisions similar to those proposed; (4) whether there is sufficient demand for the service for which there is no regulated substitute, and this service is required by a substantial portion of the population; (5) whether the profession or occupation requires high standards of public responsibility, character, and performance of each individual engaged in the profession or occupation, as evidenced by established and published codes of ethics; (6) whether the profession or occupation requires such skill that the public generally is not qualified to select a competent practitioner without some assurance that the practitioner has met minimum qualifications; (7) whether the professional or occupational associations do not adequately protect the public from incompetent, unscrupulous, or irresponsible members of the profession or occupation; (8) whether current laws which pertain to public health, safety, and welfare generally are ineffective or inadequate; (9) whether the characteristics of the profession or occupation make it impractical or impossible to prohibit those practices of the profession or occupation which are detrimental to the public health, safety, and welfare; (10) whether the practitioner performs a service for others which may have a detrimental effect on third parties relying on the expert knowledge of the practitioner.
S.C. Code Ann. § 40-5-340 — SC Code / Title 40 / Chapter 5 / Article 5 / Section 40-5-340
SECTION 40-5-340. Penalties for purchasing claims for suit.
Status: in_force

If any attorney, solicitor or counsellor shall enter into any speculating practices, by purchasing or procuring to be purchased any note or other demand for the purpose of putting the same in suit, when otherwise the owner or holder thereof would not sue upon it, such attorney, solicitor or counsellor shall pay a fine of one hundred dollars and shall thereafter be incapable of practicing as such in any court until restored by the Supreme Court.
S.C. Code Ann. § 40-47-1215 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1215
SECTION 40-47-1215. Application of this article.
Status: in_force

This article does not apply to a person who is employed as an anesthesiologist's assistant by the United States Government, where such services are provided solely under the direction or control of the United States Government.
S.C. Code Ann. § 40-11-260 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-260
SECTION 40-11-260. Financial statements; net worth requirements.
Status: in_force

(A) An applicant for a general contractor's license or a general contractor's license renewal who performs or offers to perform contracting work for which the total cost of construction is greater than ten thousand dollars, and an applicant for license group revisions must provide an acceptable financial statement with a balance sheet date no more than twelve months before the date of the relevant application meeting the requirements for each license group as follows: (1) Group One (a) bids and jobs not to exceed one hundred thousand dollars per job; (b) required net worth of twenty thousand dollars or working capital of ten thousand dollars; (c) on initial application, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (2) Group Two (a) bids and jobs not to exceed four hundred thousand dollars per job; (b) required net worth of sixty thousand dollars or working capital of forty thousand dollars; (c) on initial application, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (3) Group Three (a) bids and jobs not to exceed one million dollars per job; (b) required net worth of one hundred fifty thousand dollars or working capital of one hundred thousand dollars; (c) on initial application, a financial statement compiled by a licensed certified public accountant in accordance with Generally Accepted Accounting Principles (GAAP), including all disclosures required by GAAP indicating a required net worth of one hundred fifty thousand dollars or working capital of one hundred thousand dollars; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy indicating a required net worth of one hundred fifty thousand dollars or working capital of one hundred thousand dollars, or a financial statement compiled by a licensed certified public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of one hundred fifty thousand dollars or working capital of one hundred thousand dollars; (4) Group Four (a) bids and jobs not to exceed three million dollars per job; (b) required net worth of two hundred fifty thousand dollars or working capital of one hundred seventy-five thousand dollars; (c) on initial application, a financial statement compiled by a licensed certified public accountant in accordance with GAAP, including all disclosures required by GAAP indicating a required net worth of two hundred fifty thousand dollars or working capital of one hundred seventy-five thousand dollars; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy indicating a required net worth of two hundred fifty thousand dollars or working capital of one hundred seventy-five thousand dollars, or a financial statement compiled by a licensed certified public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of two hundred fifty thousand dollars or working capital of one hundred seventy-five thousand dollars; (5) Group Five (a) bids and jobs unlimited; (b) required net worth of three hundred fifty thousand dollars or working capital of two hundred fifty thousand dollars; (c) on initial application, an audited balance sheet prepared by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of three hundred fifty thousand dollars or working capital of two hundred fifty thousand dollars; (d) on renewal, a financial statement reviewed by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP. (B) An applicant for a mechanical contractor's license or a mechanical contractor's license renewal who performs or offers to perform contracting work for which the total cost of construction is greater than ten thousand dollars, and an applicant for license group revisions must provide an acceptable financial statement with a balance sheet date no more than twelve months before the date of the relevant application meeting the requirements for each license group as follows: (1) Group One (a) bids and jobs not to exceed thirty-five thousand dollars per job; (b) required net worth of seven thousand dollars or working capital of three thousand five hundred dollars; (c) on initial application, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (2) Group Two (a) bids and jobs not to exceed one hundred thousand dollars per job; (b) required net worth of fifteen thousand dollars or working capital of ten thousand dollars; (c) on initial application, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy; (d) on renewal, an owner-prepared financial statement with an affidavit of accuracy; (3) Group Three (a) bids and jobs not to exceed two hundred thousand dollars per job; (b) required net worth of thirty thousand dollars or working capital of twenty thousand dollars; (c) on initial application, a financial statement compiled by a licensed certified public accountant in accordance with Generally Accepted Accounting Principles (GAAP), including all disclosures required by GAAP indicating a net worth of thirty thousand dollars or working capital of twenty thousand dollars; (d) on renewal, an owner-prepared financial statement on a form prescribed by the board with an affidavit of accuracy indicating a required net worth of thirty thousand dollars or working capital of twenty thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of thirty thousand dollars or working capital of twenty thousand dollars; (4) Group Four (a) bids and jobs not to exceed four hundred thousand dollars per job; (b) required net worth of sixty thousand dollars or working capital of forty thousand dollars; (c) on initial application, a financial statement compiled by a licensed certified public accountant in accordance with GAAP, including all disclosures required by GAAP indicating a net worth of sixty thousand dollars; (d) on renewal, an owner-prepared financial statement with an affidavit of accuracy indicating a required net worth of sixty thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of sixty thousand dollars or working capital of forty thousand dollars; (5) Group Five (a) bids and jobs unlimited; (b) required net worth of three hundred thousand dollars or working capital of two hundred thousand dollars; (c) on initial application, an audited balance sheet prepared by a licensed certified public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of three hundred thousand dollars or working capital of two hundred thousand dollars; (d) on renewal, a financial statement on a form prescribed by the board reviewed by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of three hundred thousand dollars or working capital of two hundred thousand dollars. (C) In reviewing an entity's balance sheet to determine the net worth or working capital of the applicant or licensee, the board may consider: (1) deviations from the standard accountant's report; (2) notes to the financial statement; (3) additional financial information submitted by the applicant or licensee for renewals; (4) personal financial statements of an entity's principals for an entity with less than two years' operating experience. (D) If a licensee desires to change to a higher license group as established in this section, the licensee must meet the financial statement and net worth or working capital requirements in the higher license group number as required in initial application. (E) If the board has reasonable cause to believe that an entity has not maintained the minimum net worth or working capital for its group, the board may order the entity to submit additional financial information, and, if appropriate, may modify the entity's license to reflect the appropriate limitation group. (F) Information contained in an applicant's financial statement is gathered for use by the department and board and may not be further disclosed. Effect of Amendment 2016 Act No. 200, SECTION 1, rewrote the section, revising the net worth requirements for licensure and license renewal, and deleting obsolete language. 2023 Act No. 69, SECTION 9, rewrote the section.
S.C. Code Ann. § 40-1-115 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-115
SECTION 40-1-115. Term of board jurisdiction.
Status: in_force

A board has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period.
S.C. Code Ann. § 40-75-1000 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1000
SECTION 40-75-1000. Data system.
Status: in_force

(A) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse actions against a license or privilege to practice; (4) nonconfidential information related to alternative program participation; (5) any denial of application for licensure, and the reason for such denial; (6) current significant investigative information; and (7) other information that may facilitate the administration of this compact, as determined by the rules of the commission. (C) Investigative information pertaining to a licensee in any member state will only be available to other member states. (D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
S.C. Code Ann. § 40-19-270 — SC Code / Title 40 / Chapter 19 / Section 40-19-270
SECTION 40-19-270. Permit for funeral establishment; funeral services in private residence, church, or lodge; inspection of premises; residence of funeral director; application for permits; partnership or corporation operating funeral establishment.
Status: in_force

(A) No person shall conduct, maintain, manage, or operate a funeral establishment, crematory, or retail sales outlet unless a permit for each establishment, retail sales outlet, or crematory has been issued by the board and is displayed conspicuously in the funeral establishment crematory, or retail sales outlet. (B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process. (C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a manager when the establishment or crematory is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory as provided for in Regulation 57-10(c) and may issue a temporary permit to another manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located. (D) An application for a funeral establishment, crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each odd-numbered year. (E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director or the corporation or partnership must employ a full-time manager. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter.
S.C. Code Ann. § 40-47-985 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-985
SECTION 40-47-985. Inspection of office or facility employing physician assistant.
Status: in_force

The board or a person designated by the board may make unscheduled inspections of any office or facility employing a PA. Effect of Amendment 2019 Act No. 32, SECTION 2, substituted "PA" for "physician assistant".
S.C. Code Ann. § 40-36-5 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-5
SECTION 40-36-5. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to occupational therapists and occupational therapy assistants regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-2-5 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-5
SECTION 40-2-5. Purpose of chapter.
Status: in_force

It is the policy of this State, and the purpose of this chapter, to promote the reliability of information used for guidance in financial transactions or for accounting or for assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance of the reliability or fairness of presentation of such information shall have demonstrated their qualifications, and that persons who have not demonstrated and maintained such qualifications not be permitted to represent themselves as having special competency or offering such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles with a capacity or tendency to deceive the public of the status or competence of the persons using such titles be prohibited. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-33-80 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-80
SECTION 40-33-80. Investigation of complaints and violations.
Status: in_force

The department shall investigate complaints and violations of this chapter as provided in Section 40-1-80.
S.C. Code Ann. § 40-38-140 — SC Code / Title 40 / Chapter 38 / Section 40-38-140
SECTION 40-38-140. Denial of license based on prior criminal record.
Status: in_force

A license for opticianry may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
S.C. Code Ann. § 40-35-200 — SC Code / Title 40 / Chapter 35 / Section 40-35-200
SECTION 40-35-200. Licensure requirement; criminal and civil penalties for violation.
Status: in_force

(A) It is unlawful for a person to administer, manage, or supervise, or be in administrative charge of a nursing home, community residential care facility, or habilitation center for persons with intellectual disability or persons with related conditions, unless the person is licensed in accordance with this chapter. (B) It is unlawful for a person to act or serve in the capacity of a nursing home administrator or community residential care facility administrator unless the person is licensed in accordance with this chapter. (C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. (D) A person who violates subsection (A) or (B) is subject to a civil penalty imposed by the board of not more than two hundred dollars per day, not to exceed a total of twenty thousand dollars and may be sanctioned in accordance with Section 40-35-130. Code Commissioner's Note Pursuant to 2011 Act No. 47, SECTION 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded". Editor's Note Prior Laws:1997 Act No. 66, SECTION 1. Effect of Amendment 2014 Act No. 271, SECTION 3, in subsection (B), inserted "community" before "residential care facility administrator".
S.C. Code Ann. § 40-36-160 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-160
SECTION 40-36-160. 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. § 40-51-30 — SC Code / Title 40 / Chapter 51 / Section 40-51-30
SECTION 40-51-30. Board of Podiatry Examiners; members; terms; removal; legal adviser.
Status: in_force

(A) There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large who shall serve as chairman, and three of whom must be podiatrists, one from each of these districts: (1) the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville counties; (2) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties; and (3) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon counties. (B) The podiatrist at large and the lay member serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three podiatrists from each district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one podiatrist to represent each district from among the nominees submitted for that district. The election shall provide for participation by all podiatrists currently licensed. The podiatrists elected must be residents of the district they represent, licensed, and in good standing to practice podiatry in this State and actively engaged in the practice of podiatry in this State. The elected members of the board representing the three districts shall serve a four-year term. No member may serve more than one consecutive term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term. (C) Before January sixteenth in the year in which the term expires for a member representing a district, a qualified podiatrist desiring to be a candidate for the board must submit to the secretary of the board a biography and a statement indicating a desire to be a candidate for the board. The secretary, in conjunction with the Department of Labor, Licensing and Regulation, shall prepare ballots for mailing to all licensed podiatrists. The ballots must be in a form that makes tabulation quick and easy and shall contain the names of the nominees in alphabetical order. Enclosures to accompany the ballots shall include the envelope in which the ballot is to be sealed and an envelope addressed to the Department of Labor, Licensing and Regulation. (D) Ballots must be mailed before April second to the last known mailing address of all licensed podiatrists and must be returned to the department postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify in the presence of an employee of the Department of Labor, Licensing and Regulation who is not employed by the board that these ballots are true and valid. (E) Before June second the board shall certify in writing to the Governor the names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace. (F) Notwithstanding subsection (B), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner. (G) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
S.C. Code Ann. § 40-15-200 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-200
SECTION 40-15-200. Disciplinary action by board; judicial review.
Status: in_force

If the board is satisfied that the dentist, dental hygienist, or dental technician is guilty of an offense charged in the formal accusation provided for in this chapter, it may revoke or suspend the license or the registration certificate, reprimand the dentist, dental hygienist, or dental technician publicly or privately, or take other reasonable action short of revocation or suspension including, but not limited to, probation or requiring the person to undertake additional professional training subject to the direction and approval of the board, psychiatric evaluations, controlled substance restrictions, institutional practice under supervision, and other actions considered appropriate by the board. In addition to or instead of actions taken by the board affecting the license of a licensee or the registration certificate of a registrant, when it is established that the licensee or registrant has violated this chapter or any regulation promulgated by the board, the board may require the licensee or registrant to pay a civil penalty of up to ten thousand dollars and the costs of the disciplinary action. All penalties must be remitted to the general fund. Any decision by the board to revoke, suspend, or otherwise restrict or limit a license or registration certificate or otherwise discipline a licensee or holder of a registration certificate must be by majority vote of the members of the board eligible to participate and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee or holder of a registration certificate with the court and a copy thereof served upon the director of the board within thirty days from the date of delivery of the board's decision to the licensee or holder of the registration certificate. The review is governed by Chapter 23 of Title 1.
S.C. Code Ann. § 40-81-300 — SC Code / Title 40 / Chapter 81 / Section 40-81-300
SECTION 40-81-300. Wrestling license.
Status: in_force

In order to be licensed as a wrestler, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) shall submit documentation that the applicant has undergone an annual physical examination by a licensed physician and has been found physically able to participate.
S.C. Code Ann. § 40-3-60 — SC Code / Title 40 / Chapter 3 / Section 40-3-60
SECTION 40-3-60. Adoption of rules governing board proceedings; officers; promulgation of regulations; seal.
Status: in_force

(A) The board may adopt rules governing its proceedings and shall elect a chairman, vice chairman, and secretary who shall serve a term of one year. The board may promulgate regulations necessary to carry out the provisions of this chapter and shall adopt a seal with which all of its official documents must be sealed. (B) The board may advise and recommend action to the department in the development of statutory revisions and other matters as the department may request in regard to the administration of this chapter. Effect of Amendment 2018 Act No. 138, SECTION 1, inserted the paragraph identifiers; in (A), substituted "vice chairman" for "vice-chairman" and "all of its official documents" for "all its official documents"; and added (B).
S.C. Code Ann. § 40-38-80 — SC Code / Title 40 / Chapter 38 / Section 40-38-80
SECTION 40-38-80. Collection of evidence for investigations and other board proceedings.
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 documents or records which the board considers relevant to the inquiry.
S.C. Code Ann. § 40-47-660 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-660
SECTION 40-47-660. Enforcement of article.
Status: in_force

(A) It is unlawful for any person who is not licensed under this article to hold himself out as a respiratory care practitioner, respiratory therapist, or a respiratory therapy technician. A person who holds himself out or practices as a respiratory care practitioner without being licensed under this article, during a period of suspension, or after his certificate has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both. (B) For the purpose of an investigation or proceeding under this article, the board or a person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to a person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it, produce documentary evidence, and give other evidence concerning the matter under inquiry. When the board has sufficient evidence that a person is violating any provisions of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section. (C) Every communication, whether oral or written, made by or on behalf of a person or firm to the board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension, or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, is privileged. No action or proceeding, civil or criminal, may lie against the person or firm for the communication except upon proof that the communication was made with malice. (D) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
S.C. Code Ann. § 40-75-80 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-80
SECTION 40-75-80. Investigations; subpoena of witnesses, taking of evidence, and requiring production of documents.
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. § 40-38-70 — SC Code / Title 40 / Chapter 38 / Section 40-38-70
SECTION 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.
Status: in_force

The board shall examine or provide for the examination of applicants for licenses in opticianry, investigate complaints, and investigate and prosecute violations of this chapter.
S.C. Code Ann. § 40-11-350 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-350
SECTION 40-11-350. Evidence of license as prerequisite to issuance of building permit; reporting violations.
Status: in_force

A building official, or other authority charged with issuing building or other similar permits, of a county, municipality, or subdivision of a county or municipality shall refuse to issue a permit for an undertaking which would classify the applicant as a contractor under this chapter unless the applicant has furnished evidence that the applicant is either licensed as required by this chapter or exempt from the requirements of this chapter. A building official, or other authority charged with issuing building or other similar permits, shall report to the department the name and address of an entity believed to have violated this chapter by bidding or contracting for work which is regulated under this chapter.
S.C. Code Ann. § 40-57-720 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-720
SECTION 40-57-720. Investigations; restraining orders; surrender of license; disciplinary action; report to be posted.
Status: in_force

(A) An investigation must be conducted in accordance with Section 40-1-80 and must be performed by investigators who have completed one hundred hours of training in programs that are approved by the commission and provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques. (B) A cease and desist order, restraining order, or an action seeking injunctive relief must be obtained in accordance with Sections 40-1-100 and 40-1-210. (C)(1) The department shall conclude its investigation within one hundred fifty days from receipt of the complaint or seek a waiver of this period from the commission upon a showing of due diligence and extenuating circumstances. (2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act. (3) The commission shall render a decision and shall serve, within ninety days, notice, in writing, of the commission's decision to the licensee charged. The commission also shall state in the notice the date upon which the ruling or decision becomes effective. (4) The department shall maintain a public docket or other permanent record in which must be recorded all orders, consent orders, or stipulated settlements. (D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150. (E)(1) The commission may impose disciplinary action in accordance with Section 40-1-120. (2) Upon determination by the commission that one or more of the grounds for discipline exists, the commission may impose a fine of not more than ten thousand dollars for each violation and as provided in Section 40-1-120. The commission may recover the costs of the investigation and the prosecution as provided in Section 40-1-170. (3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted. (F) The department annually shall post a report that provides the data for the number of complaints received, the number of investigations initiated, the average length of investigations, and the number of investigations that exceeded one hundred fifty days. Editor's Note Prior Laws:1956 (49) 2046; 1962 Code SECTION 56-1545.17; 1983 Act No. 94 SECTION 3; 1986 Act No. 353, SECTION 12; 1994 Act No. 385, SECTION 14; 1976 Code SECTION 40-57-180. Effect of Amendment 2014 Act No. 258, SECTION 2, rewrote subsection (A); added subsection (C)(2), and redesignated the subsections accordingly; and added subsection (F). 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, rewrote (B); and in (E)(2), substituted "not more than ten thousand dollars" for "not less than five hundred or more than five thousand dollars".
S.C. Code Ann. § 40-39-100 — SC Code / Title 40 / Chapter 39 / Section 40-39-100
SECTION 40-39-100. Charges on loans.
Status: in_force

(A) A pawnbroker may charge interest on loans not exceeding the following amounts: (1) at the rate of two dollars and fifty cents per thirty-day period for each ten dollars loaned for the first fifty dollars loaned; (2) at the rate of two dollars per thirty-day period for each ten dollars loaned on that portion of the loan exceeding fifty dollars but not exceeding one hundred dollars; (3) at the rate of one dollar and fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one hundred dollars but not exceeding two hundred dollars; (4) at the rate of one dollar per thirty-day period for each ten dollars loaned on that portion of the loan exceeding two hundred dollars but not exceeding one thousand dollars; (5) at the rate of fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one thousand dollars but not exceeding the maximum amount in subsection (C). (B) No pawnbroker may separate or divide a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn interest rate in excess of that authorized for an amount financed equal to the total of the amounts financed in the resulting transactions. (C) No pawnbroker may make a loan in excess of fifteen thousand dollars. Every pawnbroker shall post the rates in a form which is prescribed by the administrator. The following statement must be included in the posted rate schedule: "Consumers: All pawnbrokers operating in South Carolina are required by law to post a schedule showing the maximum rate of LOAN FINANCE CHARGES stated as dollars for each ten dollars for each thirty-day period that the pawnbroker intends to charge for various types of pawn transactions. The purpose of this requirement is to assist you in comparing the maximum rates that pawnbrokers charge, thereby furthering your understanding of the terms of pawn transactions and helping you to avoid the uninformed use of credit. NOTE: Pawnbrokers are prohibited only from granting credit at rates higher than those specified above. A pawnbroker may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral, and your credit worthiness." Editor's Note Prior Laws:1900 (23) 427; Civ. C. '02 SECTION 1754; Civ. C. '12 SECTION 2630; Civ. C. '22 SECTION 3951; 1932 Code SECTION 7135; 1942 Code SECTION 7135; 1952 Code SECTION 56-1160; 1962 Code SECTION 56-1160; 1962 (52) 1959; 1982 Act No. 385, SECTION 57(2)f. Effect of Amendment 2016 Act No. 262, SECTION 11, inserted paragraph designators (A), (B), and (C); in (A), substituted "A pawnbroker" for "Pawnbrokers"; in (A)(5), substituted "not exceeding the maximum amount in subsection (C)" for "not exceeding two thousand dollars"; and in (C), substituted "in excess of fifteen thousand dollars" for "in excess of two thousand dollars", and substituted "post the rates" for "post these rates".
S.C. Code Ann. § 40-51-200 — SC Code / Title 40 / Chapter 51 / Section 40-51-200
SECTION 40-51-200. Acts considered prima facie evidence of practicing podiatry.
Status: in_force

It shall be deemed prima facie evidence of the practice of podiatry or chiropody or of holding one's self out as a practitioner within the meaning of this chapter for any person to treat in any manner the human foot by medical, mechanical or surgical methods or electrical means or in any sign or advertisement to use the word "chiropodist" or "registered chiropodist" or "podiatrist," or "foot specialist" or "foot correctionist" or "foot expert" or "practapedist" or "podiatrist" or any other term or letters indicating that he is a podiatrist or chiropodist.
S.C. Code Ann. § 40-33-34 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-34
SECTION 40-33-34. Performance of medical acts; qualifications; practice agreements; prescriptive authorization; anesthesia care; definitions.
Status: in_force

(A) An advanced practice registered nurse applicant shall furnish evidence satisfactory to the board that the applicant: (1) has met all qualifications for licensure as a registered nurse; and (2) holds current specialty certification by a board-approved credentialing organization. New graduates shall provide evidence of certification within one year of program completion; however, psychiatric clinical nurse specialists shall provide evidence of certification within two years of program completion; and (3) has earned a minimum of a master's degree from an accredited college or university, except for those applicants who: (a) provide documentation as requested by the board that the applicant was graduated from an advanced, organized formal education program appropriate to the practice and acceptable to the board before December 31, 1994; or (b) graduated before December 31, 2003, from an advanced, organized formal education program for nurse anesthetists accredited by the national accrediting organization of that specialty. CRNAs who graduate after December 31, 2003, must graduate with a minimum of a master's degree from a formal CRNA education program for nurse anesthetists accredited by the national accreditation organization of the CRNA specialty. An advanced practice registered nurse must achieve and maintain national certification, as recognized by the board, in an advanced practice registered nursing specialty; (4) has paid the board all applicable fees; and (5) has declared specialty area of nursing practice and the specialty title to be used must be the title which is granted by the board-approved credentialing organization or the title of the specialty area of nursing practice in which the nurse has received advanced educational preparation. (B) An APRN is subject, at all times, to the scope and standards of practice established by the board-approved credentialing organization representing the specialty area of practice and shall function within the scope of practice of this chapter and must not be in violation of Chapter 47. (C) A licensed nurse practitioner, certified nurse-midwife, or clinical nurse specialist must provide evidence of a practice agreement, as provided in this section. A licensed NP, CNM, or CNS must spend a portion of his time practicing in an underserved or rural area or serving an underserved population as defined in Section 40-33-20. A licensed NP, CNM, or CNS performing medical acts must do so pursuant to a practice agreement with a physician who must be readily available for consultation. (D)(1) Medical acts performed by a nurse practitioner or clinical nurse specialist must be performed pursuant to a practice agreement between the nurse and the physician or medical staff. The practice agreement must include, but is not limited to: (a) the following general information: (i) name, address, and South Carolina license number of the nurse; (ii) name, address, and South Carolina license number of the physician; (iii) nature of practice and practice locations of the nurse and physician; (iv) date the practice agreement was entered into and dates the practice agreement was reviewed and amended; and (v) description of how consultation with the physician is provided and provision for backup consultation if the physician is unavailable; and (b) the following information for medical acts: (i) medical conditions for which therapies may be initiated, continued, or modified; (ii) treatments that may be initiated, continued, or modified; (iii) drug therapies that may be prescribed; and (iv) situations that require direct evaluation by or referral to the physician. (2) Notwithstanding any provisions of state law other than this chapter and Chapter 47, and to the extent permitted by federal law, an APRN may perform the following medical acts unless otherwise provided in the practice agreement: (a) provide noncontrolled prescription drugs at an entity that provides free medical care for indigent patients; (b) certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital; (c) refer a patient to physical therapy for treatment; (d) pronounce death, certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32; (e) issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44; (f) certify that an individual is handicapped and declare that the handicap is temporary or permanent for purposes of the individual's application for a placard; (g) execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44; and (h) issue an order for home health services pursuant to the provisions of Chapter 69, Title 44. (3) The original practice agreement and any amendments to it must be reviewed at least annually, dated and signed by the nurse and physician, and made available to the board for review within seventy-two hours of request. Failure to produce a practice agreement upon request of the board is considered misconduct and subjects the licensee to disciplinary action. A random audit of a practice agreement must be conducted by the board at least biennially. (4) Licensees who change practice settings or physicians shall notify the board of the change within fifteen business days and provide verification of a practice agreement. NPs, CNMs, and CNSs who discontinue their practice shall notify the board within fifteen business days. (E)(1) An NP, CNM, or CNS who applies for prescriptive authority: (a) must be licensed by the board as a nurse practitioner, certified nurse-midwife, or clinical nurse specialist; (b) shall submit a completed application on a form provided by the board; (c) shall submit the required fee; (d) shall provide evidence of completion of forty-five contact hours of education in pharmacotherapeutics acceptable to the board, within two years before application or during the time of the organized educational program shall provide evidence of prescriptive authority in another state meeting twenty hours in pharmacotherapeutics acceptable to the board, within two years before application; (e) shall provide at least fifteen hours of education in controlled substances acceptable to the board as part of the twenty hours required for prescriptive authority if the NP, CNM, or CNS has equivalent controlled substance prescribing authority in another state; (f) shall provide at least fifteen hours of education in controlled substances acceptable to the board as part of the forty-five contact hours required for prescriptive authority if the NP, CNM, or CNS initially is applying to prescribe in Schedules II through V controlled substances. (2) The board shall issue an identification number to the NP, CNM, or CNS authorized to prescribe medications. Authorization for prescriptive authority is valid for two years unless terminated by the board for cause. Initial authorization expires concurrent with the expiration of the Advanced Practice Registered Nurse license. (3) Authorization for prescriptive authority must be renewed after the applicant meets requirements for renewal and provides documentation of twenty hours acceptable to the board of continuing education contact hours every two years in pharmacotherapeutics. For a NP, CNM, or CNS with controlled substance prescriptive authority, two of the twenty hours must be related to prescribing controlled substances. (F)(1) Authorized prescriptions by a nurse practitioner, certified nurse-midwife, or clinical nurse specialist with prescriptive authority: (a) must comply with all applicable state and federal laws and executive orders; (b) is limited to drugs and devices utilized to treat medical problems within the specialty field of the nurse practitioner or clinical nurse specialist as prescribed in the practice agreement; (c) may include Schedules III through V controlled substances if listed in the practice agreement and as authorized by Section 44-53-300; (d) may include Schedule II nonnarcotic substances if listed in the practice agreement and as authorized by Section 44-53-300, provided, however, that each such prescription must not exceed a thirty-day supply; (e) may include Schedule II narcotic substances if listed in the practice agreement and as authorized by Section 44-53-300, provided, however, that the prescription must not exceed a five-day supply and another prescription must not be written without the written agreement of the physician with whom the nurse practitioner, certified nurse-midwife, or clinical nurse specialist has entered into a practice agreement, unless the prescription is written for patients in hospice or palliative care or for patients residing in long-term care facilities; (f) may include Schedule II narcotic substances for patients in hospice or palliative care, or for patients in long-term care facilities, if listed in the practice agreement as authorized by Section 44-53-300, provided, however, that each such prescription must not exceed a thirty-day supply; (g) must be signed or electronically submitted by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and all prescribing numbers required by law. Written prescription forms must include the name, address, and phone number of the NP, CNM, or CNS and physician. Electronic prescription forms must include the name, address, and phone number of the NP, CNM, or CNS and, if possible, the physician through the electronic system. All prescriptions must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication; (h) must be documented in the patient record of the practice and must be available for review and audit purposes. (2) An NP, CNM, or CNS who holds prescriptive authority may request, receive, and sign for professional samples and may distribute professional samples to patients as listed in the practice agreement, subject to federal and state regulations. (G) Prescriptive authorization may be terminated by the board if an NP, CNM, or CNS with prescriptive authority has: (1) not maintained certification in the specialty field; (2) failed to meet the education requirements for pharmacotherapeutics; (3) prescribed outside the scope of the practice agreement; (4) violated a provision of Section 40-33-110; or (5) violated any state or federal law or regulations applicable to prescriptions. (H)(1) Nothing in this section may be construed to require a CRNA to obtain prescriptive authority to deliver anesthesia care. (2) A CRNA shall practice pursuant to approved written guidelines developed with the supervising licensed physician or dentist or by the medical staff within the facility where practice privileges have been granted and must include, but are not limited to: (a) the following general information: (i) name, address, and South Carolina license number of the registered nurse; (ii) name, address, and South Carolina license number of the supervising physician, dentist, or the physician director of anesthesia services or the medical director of the facility; (iii) dates the guidelines were developed, and dates the guidelines were reviewed and amended; (iv) physical address of the primary practice and any additional practice sites; (b) these requirements for providing anesthesia services: (i) documentation of clinical privileges in the institutions where anesthesia services are provided, if applicable; (ii) copy of job description; (iii) policies and procedures that outline the pre-anesthesia evaluation, induction, intra-operative maintenance, and emergence from anesthesia; (iv) evidence of outcome evaluation for anesthesia services. (3) The original and any amendments to the approved written guidelines must be reviewed at least annually, dated and signed by the CRNA and physician or dentist, and must be made available to the board for review within seventy-two hours of request. Failure to produce the guidelines is considered misconduct and subjects the licensee to disciplinary action. A random audit of approved written guidelines must be conducted by the board at least biennially. (4) A person who changes primary practice settings or physician or dentist shall notify the board of this change within fifteen business days and provide verification of approved written guidelines. A CRNA who discontinues his or her practice shall notify the board within fifteen business days. (5) The physician or dentist responsible for the supervision of a CRNA must be identified on the anesthesia record before administration of anesthesia. (I)(1) For purposes of this subsection: (a) "Telemedicine" has the same meaning as provided in Section 40-47-20. (b) "Unprofessional conduct" has the same meaning as provided in Section 40-33-20(64). (2) An APRN may perform medical acts via telemedicine and telehealth pursuant to a practice agreement as defined in Section 40-33-20(45) without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4). (3) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall adhere to the same standard of care as a licensee employing more traditional in-person medical care. Failure to conform to the appropriate standard of care is considered unprofessional conduct and may be subject to enforcement by the board. (4) An APRN may not establish a nurse-patient relationship by means of telemedicine for the purpose of prescribing medication when an in-person physical examination is necessary for diagnosis. (5) An APRN who establishes a nurse-patient relationship solely by means of telemedicine only may prescribe within a practice setting fully in compliance with this chapter and during an encounter in which threshold information necessary to make an accurate diagnosis is obtained in a medical history interview conducted by the prescribing licensee; provided, however, that Schedule II through V prescriptions are only permitted pursuant to a practice agreement as defined in Section 40-33-20(45) and nothing in this item may be construed to authorize the prescribing of medications via telemedicine that otherwise are restricted by the limitations in Section 40-47-37(C)(6) unless approved by a joint committee of the Board of Medical Examiners and the Board of Nursing. (6) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall generate and maintain medical records for each patient using those telemedicine services in compliance with any applicable state and federal laws, rules, and regulations, including the provisions of this chapter, the Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (HITECH). These records must be accessible to other practitioners and to the patient in a timely fashion when lawfully requested by the patient or his lawfully designated representative. (7) The provisions of this subsection may not be construed to allow an APRN to perform services beyond the scope of what is authorized by Chapter 33, Title 40 and Chapter 47, Title 40. Code Commissioner's Note At the direction of the Code Commissioner, an incorrect reference to a subsection in Section 40-47-20 was removed. Editor's Note 2019 Act No. 87, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Advanced Practice Registered Nurse Act'." 2020 Act No. 139, SECTION 1, provides as follows: "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'." Effect of Amendment 2018 Act No. 234, SECTION 2, rewrote the section, revising the requirements for the performance of medical acts, allowing the performance of certain additional medical acts, revising the prescriptive authority of certain advanced practice registered nurses with respect to controlled substances and narcotics, and defining terms. 2019 Act No. 87, SECTION 2, in (D)(2), in (d), substituted ", certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32" for "and sign death certificates", in (e) and (f), made nonsubstantive changes, and added (g); in (F)(1), in (e), added "or for patients residing in long-term care facilities" at the end, and in (f), inserted ", or for patients in long-term care facilities,". 2020 Act No. 139, SECTION 6, in (A)(3)(b), in the second sentence, inserted "a minimum of" following "must graduate with". 2021 Act No. 55, SECTION 1, in (D)(2), added (h), and made nonsubstantive changes. 2024 Act No. 120, SECTION 5, in (I)(2), inserted "and telehealth" and "without having to be licensed to practice medicine in this State as otherwise required in Section 40-47-37(A)(4)".
S.C. Code Ann. § 40-23-250 — SC Code / Title 40 / Chapter 23 / Section 40-23-250
SECTION 40-23-250. License as prerequisite to practice or offer to practice.
Status: in_force

No person may practice or offer to practice any licensed activity regulated by this chapter or use any advertisement, business card, or letterhead or make any other verbal or written communication asserting or suggesting that the person is available to engage in any licensed activity or acquiesce in such a representation unless that person has fully complied with this chapter and holds a current license issued by the board authorizing the person to perform the licensed activity.
S.C. Code Ann. § 40-7-90 — SC Code / Title 40 / Chapter 7 / Section 40-7-90
SECTION 40-7-90. Results of investigation to be presented to board; hearing.
Status: in_force

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-19-20 — SC Code / Title 40 / Chapter 19 / Section 40-19-20
SECTION 40-19-20. Definitions.
Status: in_force

As used in this chapter: (1) "Advertisement" means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio, television, or Internet. The term does not include funeral or death notices and obituaries. (2) "Aiding and abetting" means allowing or permitting an Internet service provider, unlicensed person, establishment, or entity to engage in the practice of funeral service, embalming, cremating, or conducting business as a funeral home, funeral establishment, crematory, or mortuary; provided, however, that 'aiding and abetting' does not include the publication, dissemination, circulation, or placing before the public by an Internet service provider of an advertisement prepared by an unaffiliated or unlicensed person or entity. (3) "Apprentice" means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120. (4) "Board" means the South Carolina State Board of Funeral Service. (5) "Branch funeral home" means an establishment separate and apart from the licensed parent funeral home that has embalming facilities, a chapel, a lay-out room, or a sales room, or any combination of these. (6) "Cremation" means the technical process using either alkaline hydrolysis or heat and flame that reduces human remains to components of either liquid and bone, or bone fragments, and which may include the pulverization of the bone fragments. (7) "Crematory" means an establishment in which cremation occurs. (8) "Disposition" means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation or removal from the State pursuant to obtaining a burial transit permit. (9) "Embalmer" means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body. (10) "Embalming" means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals. (11) "Funeral director" means a person licensed by the board to engage for hire, for direct or indirect compensation, or for profit or benefit, and in exchange for or related to the profession of arranging, directing, or supervising funerals. (12) "Funeral home", "funeral establishment", or "mortuary" means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities: (a) a chapel or parlor in which funeral services may be conducted; (b) a preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies; (c) a means of showing photographs or other representations of available caskets and other necessary funeral supplies; (d) at least one motor hearse for transporting casketed human remains. (13) "Funeral merchandise" means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, caskets, cremation caskets, urns, and burial clothing. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches. (14) "Funeral service" or "funeral" means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present. (15) "Graveside service" means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral. (16) "Inspector" means an inspector employed by the Department of Labor, Licensing and Regulation. (17) "Manager" means a licensed funeral director who has been licensed in this State for at least one year, who is a full-time regular employee, and who is responsible for and has the binding authority from the owner for the day-to-day management of funeral establishments or crematories including compliance with all applicable laws governed by this chapter and Chapters 7 and 8, Title 32. (18) "Memorial service" means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased. (19) "Practice of funeral service" means: (a) engaging in providing shelter, care, and custody of the human dead; (b) the practice of preparing the human dead by embalming or other methods for burial or other disposition; (c) arranging for the transportation of the human dead; (d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; provided, that no funeral director, embalmer, funeral company, cemetery, or related entity shall charge a fee for the assignment to the funeral director, embalmer, funeral company, cemetery, or related entity of an insurance policy providing burial expenses, excluding preneed contracts as provided in Section 32-7-35; and (e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions. (20) "Retail sales outlet" means an establishment wherein funeral merchandise is sold or provided, or both, to the general public. A retail sales outlet may not contain lay-out or chapel facilities and is restricted solely to the sale of funeral merchandise and may not handle or arrange for the handling or disposition, or both, of dead human remains and may not offer or execute preneed funeral contracts, except as authorized by Chapter 7, Title 32. (21) "Owner" means a sole proprietor, partnership, limited partnership, corporation, limited liability corporation, or any business entity possessing authority or control over a funeral establishment or its employees, agents, or representatives. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-651; 1967 (55) 937; 1971 (57) 327; 1983 Act No. 146, SECTION 1; 1984 Act No. 459, SECTION 1; 1993 Act No. 181, SECTION 888; 1976 Code SECTION 40-19-10. Effect of Amendment 2018 Act No. 135, SECTION 1, in (1), substituted "radio, television, or Internet" for "radio or television"; inserted (2), relating to the definition of "aiding and abetting"; redesignated former (2) to (20) as (3) to (21); and made nonsubstantive changes. 2024 Act No. 223, SECTION 7, rewrote (11); and in (21), substituted "or control" for "and control", and added "or its employees, agents, or representatives" at the end. 2024 Act No. 223, SECTION 17, rewrote (6); and in (7), substituted "cremation occurs" for "the dead body is reduced by intense heat". 2024 Act No. 223, SECTION 19, in (12), rewrote (c).
S.C. Code Ann. § 40-3-70 — SC Code / Title 40 / Chapter 3 / Section 40-3-70
SECTION 40-3-70. Additional powers and duties of board.
Status: in_force

In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-81-190 — SC Code / Title 40 / Chapter 81 / Section 40-81-190
SECTION 40-81-190. Privileged communications in disciplinary actions; due process; final orders.
Status: in_force

(A) A communication, whether oral or written, made by or on behalf of a person to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the commission. No action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice. (B) Nothing in this chapter may be construed to prohibit the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or to prohibit the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law. (C) Notwithstanding the provisions of this section, a final order of a commission disciplining a licensee is public information as provided for in Section 40-1-120.
S.C. Code Ann. § 40-77-90 — SC Code / Title 40 / Chapter 77 / Section 40-77-90
SECTION 40-77-90. Investigation results; procedures to conduct hearing.
Status: in_force

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-6-270 — SC Code / Title 40 / Chapter 6 / Section 40-6-270
SECTION 40-6-270. Licensing of auctioneers licensed in another state.
Status: in_force

(A) A person who holds a valid auctioneer license in another state may apply for and be issued a license under this chapter if the requirements of the state of licensure were, on the date of initial licensure, substantially equivalent to the requirements of this chapter. (B) An applicant under this section shall submit an application and other documentation and proof of eligibility for licensure as required by the commission in regulation. (C) A license issued pursuant to this section is valid from the date of issuance to the following June thirtieth and may be renewed from year to year unless suspended or revoked pursuant to this chapter or a regulation promulgated under this chapter. Editor's Note Prior Laws:1977 Act No. 111, SECTION 13; 1991 Act No. 38, SECTION 6; 1993 Act No. 155, SECTION 11; 1976 Code SECTION 40-6-130.
S.C. Code Ann. § 40-6-130 — SC Code / Title 40 / Chapter 6 / Section 40-6-130
SECTION 40-6-130. Grounds for disciplinary action as basis for denial of licensure.
Status: in_force

The commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee as provided in Section 40-1-130.
S.C. Code Ann. § 40-2-40 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-40
SECTION 40-2-40. Grant or renewal of registration to practice as firm; qualifications for registration; changes in identities of partners or officers.
Status: in_force

(A) The board shall grant or renew a registration to practice as a firm to applicants that demonstrate their qualifications in accordance with this section. (B) The following must hold a registration issued pursuant to this section: (1) a firm with an office in this State performing attest services as defined in Section 40-2-20(2) or engaging in the practice of accounting; (2) a firm with an office in this State that uses the title "CPA" or "CPA firm"; or (3) a firm that does not have an office in this State but performs attest services described in Section 40-2-20(2), or performs compilation services as defined in Section 40-2-20(6), for a client in this State, unless it is exempt from registration pursuant to Section 40-2-30(I). (C) Qualifications for registration as a certified public accountant firm are as follows: (1) A simple majority of the firm ownership in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers must belong to certified public accountants currently licensed in some state. Although firm ownership may include non-CPA owners, the firm and its owners must comply with regulations promulgated by the board. All non-CPA owners must be active individual participants in the firm or affiliated entities. (2) Partners, officers, shareholders, members, or managers whose principal place of business is in this State, and who also perform professional services in this State, must hold a valid license issued pursuant to this section. An individual who has practice privileges under Section 40-2-245 must not be required to obtain a license from this State pursuant to Section 40-2-35. (3) For firms registering under subsection (B), there must be a designated resident manager in charge of each office in this State who must be a certified public accountant licensed in this State. (4) Non-CPA owners must not assume ultimate responsibility for any financial statement, attest, or compilation engagement. (5) Non-CPA owners shall abide by the code of professional ethics adopted pursuant to this chapter. (6) Owners shall at all times maintain ownership equity in their own right and must be the beneficial owners of the equity capital ascribed to them. Ownership may also be held through a revocable, not irrevocable, grantor trust, provided that the trust is established for the sole benefit of the owner, and provided that the owner retains full control and the ability to revoke the trust. Provision must be made for the ownership to be transferred to the firm or to other qualified owners if the noncertified public accountant or the beneficial owner of the revocable grantor trust ceases to be an active individual participant in the firm. (7)(a) This section applies only to non-CPA owners who are residents of this State. (b) Non-CPA owners must complete the same number of hours of continuing professional education as licensed certified public accountants in this State, including the annual ethics requirement pursuant to Section 40-2-250(C)(6). (c) Non-CPA owners who are licensed professionals subject to continuing education requirements applicable to that profession may complete the required number of continuing professional education hours in courses offered or accepted by organizations or regulatory bodies governing that profession, and also must complete the same number of hours of continuing professional education as licensed certified public accountants in this State. (8) A certified public accounting firm and its designated resident manager under item (3) are responsible for the following in regard to a noncertified public accountant owner: (a) a non-CPA owner shall comply with all applicable accountancy statutes and regulations; and (b) a non-CPA owner shall be of good moral character and shall not engage in any conduct that, if committed by a licensee, would constitute a violation of the regulations promulgated by the board. (D) Registration must be initially issued and renewed annually. Applications for registration must be made in such form, and in the case of applications for renewal, between such dates as the board by regulation may specify, and the board shall grant or deny any such application after filing in proper form. (E) Any firm applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall register each firm within this State with the board and shall demonstrate that all attest and compilation services rendered in this State are under the charge of a person holding a valid license issued pursuant to this section or the corresponding provision of prior law or of some other state. (F) The board may charge a fee for each application for initial issuance or renewal of a registration issued pursuant to this section. (G) An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall list on the application all states in which the firm has applied for or holds registration and shall list any past denial, revocation, or suspension of a registration by any other state. (H) Each holder of or applicant for a registration issued pursuant to this section shall notify the board in writing, within thirty days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the licensee in charge of these offices, and any issuance, denial, revocation, or suspension of a registration by any other state. (I) A firm that falls out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take this corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board shall result in the suspension or revocation of the firm permit. Effect of Amendment 2015 Act No. 51, SECTION 5, rewrote (C)(1); in (C)(6), substituted "an active individual participant" for "actively engaged"; added (C)(7) and (C)(8); reenacted (D) with no change; in (E), deleted "office of the" following "shall register each"; and in (F), substituted "may charge" for "shall charge". 2019 Act No. 68, SECTION 4, in (C)(7)(b), added the second sentence, providing for certain ethics requirements. 2022 Act No. 174, SECTION 1, made a nonsubstantive change in (A); rewrote (B) and (C); and in (E), substituted "Any firm applicant" for "An applicant". 2025 Act No. 34, SECTION 9, in (B)(3), inserted "or performs compilation services as defined in Section 40-2-20(6),". 2025 Act No. 34, SECTION 10, in (C)(3), substituted "subsection (B)" for "subsection (B)(1)(a) or (b)"; and rewrote (C)(6).
S.C. Code Ann. § 40-45-290 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-290
SECTION 40-45-290. Physical therapy aides; permissible duties; restrictions.
Status: in_force

(A) A physical therapy aide may provide departmental support to the on-site physical therapist and physical therapist assistant in the following areas subject to guidelines established in regulations: (1) transporting patients; (2) preparing, cleaning, and maintaining the treatment area and equipment; (3) preparing patients for treatment; (4) attending to the personal needs of patients during treatment sessions; (5) clerical and housekeeping activities. (B) A physical therapy aide may not perform: (1) an activity which requires licensure under this chapter; (2) an activity which requires the exercise of the professional judgment of a physical therapist; (3) the interpretation of referrals, screenings, assessments, evaluations, or reassessments; (4) the development or modification of treatment plans or discharge plans.
S.C. Code Ann. § 40-15-20 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-20
SECTION 40-15-20. Membership of board; appointment, terms, elections, vacancies, and removal.
Status: in_force

(A) There is created the State Board of Dentistry (board) to be composed of eleven members, one of whom shall be a lay member from the State at large, one of whom shall be a dentist from the State at large, one of whom shall be a dental hygienist from the State at large, one of whom shall be a dental hygienist from the State at large nominated pursuant to subsection (C) and seven of whom shall be dentists representing each congressional district. Dentists shall be licensed, practicing dentists and residents of the State and of the congressional district which they represent. The dental hygienists shall be licensed, practicing dental hygienists and residents of the State. The terms of the members shall be for six years and until successors are appointed and qualify. No member shall be allowed successive terms of office. (B) The dentist at large, a dental hygienist at large and lay member shall be appointed by the Governor. All appointments to the board of the seven members of the board representing the congressional districts shall be made upon the recommendation of the board, which recommendation shall be based upon an annual election conducted by the board. This election shall be conducted on a rotating basis in the seven congressional districts in numerical order so that each year the licensed dentists residing in the subject district shall elect from among themselves a member of the board. The board at its regular annual meeting shall certify in writing to the Governor the name of the person winning the election and the name of the person the nominee replaces on the board. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of such nominees so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term. (C) The board shall conduct an election to nominate a dental hygienist when such seat shall be vacant. This election shall provide for participation by all dental hygienists currently licensed and residing in South Carolina. The name of the nominee shall be forwarded to the Governor for appointment. The Governor may reject the nominee upon satisfactory showing as to the unfitness of the nominee. If the Governor declines to appoint any nominee so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term. No person shall be eligible for appointment who has a financial interest or serves as an officer in a business organized under the laws of this State to sell dental supplies, equipment, or appurtenances or who is officially connected with a school of dentistry or dental hygiene. (D) Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term. (E) All members of the board have full voting rights except that the lay member is exempt from voting on examinations for licensure and the dental hygienists are exempt from voting on examination for licensure for dentists. (F) The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed. Editor's Note 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment The 2012 amendment rewrote the section.
S.C. Code Ann. § 40-2-10 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-10
SECTION 40-2-10. South Carolina Board of Accountancy created; membership; terms; filling of vacancies; administrator.
Status: in_force

(A)(1) There is created the South Carolina Board of Accountancy which is responsible for the administration and enforcement of this chapter. The board shall consist of eleven members appointed by the Governor, all of whom must be residents of this State and: (a) there must be one resident licensed certified public accountant from each congressional district and one additional resident licensed certified public accountant from the public at large; (b) one member must be a licensed public accountant or a licensed accounting practitioner; and (c) two members must be from the public at large, one of whom must be an attorney licensed in this State, who: (i) are not engaged in the practice of public accounting; (ii) have no financial interest in the profession of public accounting; and (iii) have no immediate family member in the profession of public accounting. As used in this section, "immediate family member" is defined in Section 8-13-100(18). (2) Members are appointed for terms of four years and serve until their successors are appointed and qualify. Vacancies must be filled by the Governor for the unexpired portions of the term in the manner of the original appointment. The Governor shall remove a member of the board in accordance with Section 1-3-240. (3) Failure by a licensed certified public accountant to maintain residency in the district for which he is appointed shall result in the forfeiture of his office. (B) The board shall elect annually from among its members a chairman, a vice chairman, and a secretary. The board shall meet at least two times a year at places fixed by the chairman. Meetings of the board must be open to the public except those concerned with investigations under Section 40-2-80 and except as necessary to protect confidential information in accordance with board regulations, federal law, state law, or Section 40-2-90(C). A majority of the board members in office constitutes a quorum at any meeting of the board. A board member shall attend meetings or provide proper notice and justification of inability to attend. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240. (C) The board shall have a seal which must be judicially noticed. In any court proceeding, civil or criminal, arising out of or founded upon any provision of this chapter, copies of any records certified as true copies under the seal of the board are admissible in evidence as proving the contents of these records. (D) All monies collected by the Department of Labor, Licensing and Regulation from fees authorized to be charged by this chapter must be received and accounted for by the Department of Labor, Licensing and Regulation and must be deposited in the State Treasury. The budget of the board must include adequate funds for the expenses of administering the provisions of this chapter, which may include, but is not limited to, the costs of conducting investigations, of taking testimony, and of procuring the attendance of witnesses before the board or its committees; all legal proceedings undertaken for the enforcement of this chapter; participation in national efforts to regulate the accounting profession, and educational and licensing programs for the benefit of the public, the licensees and their employees. Initial fees must be established by the board and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D). (E) The board may appoint committees or persons, to advise or assist it in the administration and enforcement of this chapter, as it sees fit. (F)(1) The director shall designate for the use of the board one full-time administrator who is a certified public accountant licensed in this State. The administrator's primary responsibility is to administer the board. (2) A person employed by the board under this section may be terminated by the director. Effect of Amendment 2014 Act No. 268, SECTION 1, added subsection (F), relating to the administrator. 2015 Act No. 51, SECTION 1, rewrote (A). 2019 Act No. 68, SECTION 1, in (B), in the third sentence, substituted "Section 40-2-80" for "Sections 40-2-80 and 40-2-90" and ", federal law, state law, or Section 40-2-90(C)" for "or state law". 2022 Act No. 174, SECTION 1, in (A)(1), in (a), inserted "and one additional resident licensed certified public accountant from the public at large" following "congressional district", and in (b), substituted "one member" for "two members"; and in (F)(1), in the second sentence, deleted "; provided, however, that the director may assign to the administrator additional duties and responsibilities within the department so long as the additional duties and responsibilities do not unreasonably occupy the administrator's time so that he does not thoroughly fulfill his duties and responsibilities to the board" from the end.
S.C. Code Ann. § 40-47-810 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-810
SECTION 40-47-810. Third party reimbursement.
Status: in_force

Nothing in this article may be construed to require third party reimbursement directly to an acupuncturist, auricular therapist, or auricular detoxification specialist for services rendered.
S.C. Code Ann. § 40-33-1350 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1350
SECTION 40-33-1350. Rulemaking.
Status: in_force

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted pursuant to it. Rules and amendments become binding as of the date specified in each rule or amendment and have the same force and effect as provisions of this compact. (B) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. (C) Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the websites of: (1) the commission; and (2) each licensing board or the publication in which each state would otherwise publish proposed rules. (D) The notice of proposed rulemaking must include: (1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) the text of the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on the proposed rule from any interested person; and (4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. (E) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public. (F) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment. (G) The commission shall publish the place, time, and date of the scheduled public hearing, provided: (1) hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing; (2) all hearings will be recorded and a copy will be made available upon request; and (3) nothing in this subsection may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (H) If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule. (I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (J) The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (K) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) meet an imminent threat to public health, safety, or welfare; (2) prevent a loss of commission or party state funds; or (3) meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. (L) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. 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 Immunity of officers and employees of party state licensing boards.
S.C. Code Ann. § 40-81-420 — SC Code / Title 40 / Chapter 81 / Section 40-81-420
SECTION 40-81-420. Event or exhibition permits.
Status: in_force

In order to be issued an event or exhibition permit, a promoter currently licensed in this State shall: (1) submit a completed application containing the information required by the commission including, but not limited to: (a) the names and current license numbers of all participants, contestants, and promoters; (b) evidence of medical, hospitalization, and life insurance in the sum of ten thousand dollars that covers every contestant; (c) evidence that a surety bond or certified funds have been filed with the department in the amount equal to the total value of any purse offered; (d) information from the Association of Boxing Commissions' National Registry which includes each boxer's ring history; (e) evidence that each contestant has complied with the licensing requirements in Section 40-81-260 and Section 40-81-270; (f) copies of the contracts between boxers, managers, and officials and copies of the contracts with the promoter covering all contestants, participants, and officials in the event or exhibition for which the permit is issued. (2) In the case of a corporation, association, or entity the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity.
S.C. Code Ann. § 40-59-160 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-160
SECTION 40-59-160. Appeal.
Status: in_force

A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-67-540 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-540
SECTION 40-67-540. Compact privilege.
Status: in_force

(A) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist must: (1) hold an active license in the home state; (2) have no encumbrance on any state license; (3) be eligible for a compact privilege in any member state in accordance with Section 40-67-530; (4) have not had any adverse action against any license or compact privilege within the previous two years from the date of application; (5) notify the commission that the licensee is seeking the compact privilege within a remote state; (6) pay any applicable fees, including any state fee, for the compact privilege; and (7) report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken. (B) For the purposes of the compact privilege, an audiologist or speech-language pathologist may hold only one home state license at a time. (C) Except as provided for in Section 40-67-560, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state must be deactivated in accordance with applicable rules adopted by the commission. (D) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence. (E) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state. (F) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state converts to a single-state license, valid only in the former home state. (G) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state. (H) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (I) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. (J) If a home state license is encumbered, the licensee loses compact privilege in any remote state until: (1) the home state license is no longer encumbered; and (2) two years have elapsed from the date of the adverse action. (K) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a compact privilege in any remote state. (L) Once the requirements of subsection (J) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.
S.C. Code Ann. § 40-37-5 — SC Code / Title 40 / Chapter 37 / Section 40-37-5
SECTION 40-37-5. Application of chapter; conflicts of law.
Status: in_force

Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to optometrists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-47-720 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-720
SECTION 40-47-720. License to practice acupuncture; requirements and qualifications; temporary licenses.
Status: in_force

(A) Each applicant for a license to practice acupuncture shall: (1) submit a completed application as prescribed by the board; (2) submit fees as provided for in Section 40-47-800; (3) hold an active certification in acupuncture by the National Commission for the Certification of Acupuncturists and Oriental Medicine; (4) be of good moral character; (5) not have pled guilty or nolo contendere to or been convicted of a felony or crime of moral turpitude. (B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued. If the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
S.C. Code Ann. § 40-79-140 — SC Code / Title 40 / Chapter 79 / Section 40-79-140
SECTION 40-79-140. License denial based on prior criminal record.
Status: in_force

A license may be denied based upon a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-81-270 — SC Code / Title 40 / Chapter 81 / Section 40-81-270
SECTION 40-81-270. Conditions applicable to promoter's representatives for female boxers.
Status: in_force

In addition to meeting the requirements of Section 40-81-260, the promoter's representative for female boxers shall meet the following conditions: (1) No applicant shall be contracted for or engage in a contest between male and female. (2) Contests must be limited to four, six, eight, ten, or twelve rounds of two minutes' duration. (3) Custom fitted mouthpieces must be used of the same variety required of male boxers. (4) Gloves weighing not less than ten ounces must be worn. (5) A physician approved breast protector must be used. (6) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant. (7) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test. (8) The annual physical examination shall include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination. (9) Promoters shall provide female boxers with adequate separate dressing rooms.
S.C. Code Ann. § 40-49-320 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-320
SECTION 40-49-320. Examinations for certificates.
Status: in_force

Each board of plumbing examiners created under this article shall designate the time and place for the examination of all persons desiring to secure a certificate as herein provided for. Each applicant shall be compelled to pass such examination as to his qualifications as such respective boards may direct. Such examinations shall be made in whole or in part in writing and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.
S.C. Code Ann. § 40-47-90 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-90
SECTION 40-47-90. Administering oaths.
Status: in_force

In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking testimony upon any and all matters pertaining to the business or duties of the board. Editor's Note Prior Laws:1908 (25) 1083; Civ. C. '12 SECTION 1622; 1920 (31) 1004; Civ. C. '22 SECTION 2404; 1932 Code SECTION 5154; 1942 Code SECTION 5154; 1952 Code SECTION 56-1369; 1962 Code SECTION 56-1369; 1970 (56) 2371; 1976 Act No. 614, SECTION 3; 1993 Act No. 181, SECTION 922; 1976 Code SECTION 40-47-210.
S.C. Code Ann. § 40-39-140 — SC Code / Title 40 / Chapter 39 / Section 40-39-140
SECTION 40-39-140. Third-party ownership of pledge and sold property; returns; pawnbroker remedies and liability exemption.
Status: in_force

(A) No pawnbroker shall accept property from a pledgor or seller upon which there is evidence of ownership by a third party without first taking reasonable steps to ascertain its true ownership. Any such item accepted for pawn or purchased by a pawnbroker must be returned on demand without fee to the third party owner. (B)(1) If property in the possession of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged or sold the property to the pawnbroker, the pawnbroker shall return the property to the lessor if the lessor provides the pawnbroker with evidence that the property was the lessor's property and was leased to the pledgor or seller at the time the property was pledged or sold to the pawnbroker. For the purposes of this section, a lease or other written agreement containing a matching item description shall be sufficient evidence of the lessor's ownership of the property. (2) If property in the possession of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged or sold the property to the pawnbroker and the pawnbroker returns the property to the lessor, the pledgor or seller must pay the pawnbroker: (a) the amount financed, the finance fee for the pawn transaction, and any costs associated with collecting those amounts and fees, if the property was pledged to the pawnbroker; or (b) the amount that the pawnbroker paid the seller and any costs associated with collecting that amount if the property was sold to the pawnbroker. (3) A pawnbroker is not liable to the pledgor or seller of property that is recovered by a lessor under item (1) for returning the property to a lessor. Effect of Amendment 2016 Act No. 262, SECTION 13, inserted paragraph designator (A); in (A), inserted "or seller" and "or purchased"; and added (B), relating to returns and pawnbroker remedies and liability exemption.
S.C. Code Ann. § 40-11-410 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-410
SECTION 40-11-410. License classifications and subclassifications.
Status: in_force

The following license classifications are in effect: (1) "General Contractors-Building" which includes commercial, industrial, institutional, modular, and all other types of building construction, including residential structures. This license classification includes all work under the subclassifications of Wood Frame Structures, Nonstructural Renovation, Masonry, Pre-engineered Metal Buildings, Roofing, Structural Framing, and Miscellaneous Metals. Licensees under this classification may perform ancillary work referenced in the Concrete, Concrete Paving, Asphalt Paving, Glass and Glazing, Grading, Public Electrical Utility, and Highway Incidental subclassifications, when the work is directly associated with the building or structure which the licensee has been engaged to construct. Ancillary work must be performed by the licensee, and it cannot exceed twenty percent of the total cost of construction or the work must be performed by a contractor licensed in the appropriate license subclassification. If a project includes work performed under a Mechanical Contractor subclassification or any of these license subclassifications, the licensee must have a license for this work or use a contractor licensed in the appropriate license classification or subclassification to perform the work: Swimming Pools, Bridges, Boring and Tunneling, Water and Sewer Lines, Pipe Lines, Railroad Lines, Marine, and Water and Sewer Plants. (2) "General Contractors-Highway" which includes work under these subclassifications: (a) "Bridges" which include bridge construction and repairs, railroad trestles and overpasses, and work under the subclassifications of Boring and Tunneling, Concrete, Marine, and Railroad Lines. Bridges are defined as structures over a depression or an obstruction such as water, highway, or railway, having a track or passageway designed for carrying vehicular traffic weighing over two thousand pounds. (b) "Concrete Paving" which includes the construction, rehabilitation and repair of concrete streets, roads, highways, driveways, parking lots, airport runways and aprons, and concrete work incidental thereto including, but not limited to, sidewalks, curbs, medians, and barrier walls. This subclassification also includes work under the subclassification of Grading. (c) "Asphalt Paving" which includes asphalt paving, repairs and rehabilitation of streets, roads, highways, driveways, parking lots, airport runways and aprons, concrete work including curbs, gutters, and concrete or asphalt paving of storm sewers, and includes paving with sealers, geotextile fabrics, slurry seals, and surface treatments incidental thereto. This subclassification also includes work under the subclassification of Grading. (d) "Grading" which includes the soil preparation and rehabilitation of streets, roads, highways, railroad beds, building sites, parking lots, and storm sewers. This subclassification also includes work under the subclassification of Highway Incidental. (e) "Highway Incidental" which includes highway work for grooving, milling, rehabilitating, and installing guardrails, gutters, highway signs, pavement marking, and painting. (3) "General Contractors-Public Utility" which includes work under these subclassifications: (a) "Pipe Lines" which includes the construction, installation, alteration, maintenance, and repair of systems for the transmission or distribution of petroleum fuels, petroleum distillates, natural gas, chemicals, and slurries through pipeline from one station to another including all excavating, trenching, backfilling and installation of booster stations and equipment and installation and replacement of tanks connected to the system. This subclassification does not include the piping and tanks for the dispensing of any petroleum product at retail. (b) "Water and Sewer Plants" which includes all classifications and subclassifications necessary for the construction of water treatment and wastewater treatment facilities. However, if a project includes work to be performed under any of these license subclassifications, the licensee must either have a license to perform this work or use a contractor licensed in the appropriate license classification or subclassification to perform the work: Bridges, Railroad Lines, Specialty Roofing, and Mechanical work. (c) "Water and Sewer Lines" which includes construction work on water mains, water service lines, water storage tanks, sewer mains, sewer lines, lift stations, pumping stations and appurtenances to water storage tanks, lift stations, pumping stations, pavement patching, backfill, and erosion control as a part of construction, and which includes connection at the building of all lines to the appropriate lines contained in commercial structures, installation and repair of a project involving manholes, the laying of pipe for storm drains and sewer mains, all necessary connections, and excavation and backfilling, and concrete work incidental thereto. Contractors in this license subclassification in license groups three, four, and five may install fire protection sprinkler system underground mains to a flanged outlet 1'-0" above the finished floor in compliance with National Fire Protection Association Standard 24. However, shop drawings must be submitted and approved by the State Fire Marshal with a copy of the approved drawings going to the licensed fire sprinkler contractor. Flushing and testing certificates must be delivered to the authority having jurisdiction and the performing licensed fire sprinkler contractor performing. General contractors in this license subclassification may not engage in water and sewer line work from the right-of-way to a residential structure unless the entity is a subcontractor to a licensee holding a plumbing subclassification. (4) "General Contractors-Specialty" which includes work under these subclassifications: (a) "Boring and Tunneling" which includes the construction of underground or underwater passageways with diameters in excess of ninety-six inches or lengths in excess of three hundred fifty feet by digging or boring through and under the earth's surface, including the bracing and compacting of passageways to make them safe for the purpose intended. This subclassification includes the preparation of ground surfaces at points of ingress and egress. Underground structures less than ninety-six inches in diameter or less than three hundred fifty feet in length are considered normal excavation. (b) "Concrete" which includes all work in connection with concrete forming and placing; assembling of forms, molds, slipforms and pans; centering, trenching, excavating, backfill, and grading in connection with concrete construction; construction of sidewalks, driveways, curbs, medians, and barrier walls; and installing of embedded items essential to or comprising an integral part of concrete or concrete construction including reinforcing elements and accessories including, but not limited to, concrete chimneys, floors, piers, and foundations when using concrete rebar and other materials common to the concrete industry. This subclassification does not include the General Contractor-Highway-Bridge license subclassification or the construction of streets, roads, parking lots, and highways. (c) "Nonstructural Renovation" which includes interior and exterior installing, remodeling, renovations, and finishes of acoustical ceiling systems and panels, load-bearing and nonload-bearing drywall partitions, lathing and plastering, flooring (excluding carpet) and finishing, interior recreational surfaces, window and door installation, and installation of fixtures, cabinets, and millwork; and which also includes fireproofing, insulation, lining, painting, partitions, sandblasting, interior and exterior wall covering, and waterproofing. This subclassification does not include alterations to load-bearing portions of a structure. (d) "Marine" which includes all water activities to construct seawalls, bulkheads, docks, piers, wharves, and other water structures including, but not limited to, pile driving, boat slips, and boardwalks. Licensees under this classification may perform ancillary work including fill grading, and foundations, including piling. This license subclassification does not include structures within the scope of the General Contractor-Building classification. (e) "Masonry" which includes the installation, alteration, and repair of poured-in-place concrete foundations (e.g. footings or reinforced slabs), brick, concrete block, and products common to the masonry industry, including mortarless types and synthetic masonry products common to the building industry. (f) "Pre-engineered Metal Buildings" which includes the construction of pre-engineered metal buildings consisting of no more than a concrete floor slab, metal frame, metal roof, metal sidewalls, foundations, and building insulation; but does not include mechanical work as described in Section 40-11-410(5). (g) "Railroad Lines" which includes the installation and repair of railroad lines, including setting ties, tie plates, rails, rail connectors, frogs, switch plates, switches, and signal markers. This subclassification does not include grading, trestles, or overpasses. (h) "Roofing" which includes the installation and repair of roofs and roof decking on commercial, industrial, residential, and institutional structures requiring materials that form a water-tight and weather-resistant surface. This license subclassification includes cedar, cement, asbestos, clay tile and composition shingles, all types of metal coverings, wood shakes, single ply and built-up roofing, protective and reflective roof and deck coatings, sheet metal valleys, flashings, gravel stops, gutters and downspouts, and bituminous waterproofing. (i) "Structural Framing" which includes the installation, repair, or alteration of metal or composite structural members for buildings or structures, including riveting, welding, and rigging. This subclassification also includes work under the subclassification of Miscellaneous Metals. (j) "Miscellaneous Metals" which includes the installation, repair, or alteration of metal or composite shapes, tubing, pipes and bars, including minor field fabrication as may be necessary. This license classification includes fabricating, assembling, installing, and replacing solar panels and related components common to the building industry. Roof mounting of solar panels only may be performed by a licensed General Contractor with the Roofing or Building subclassification. Wiring and connections only may be performed by a licensed Mechanical Contractor with the Electrical subclassification. If a roof requires structural upgrades for the mounting and installing of solar panels, any structural upgrading of the roof must be performed by a licensed General Contractor with either the Building or Structural Framing subclassifications. Fences not over seven feet high do not require licensure under this subclassification. (k) "Swimming Pools" which includes the construction, service, and repair of all residential, commercial, and institutional swimming pools and spas, including concrete, gunite, plastic, vinyl-lined, and fiberglass pools and spas; pool decks, walkways, tiling, and coping; and the installation of all equipment, including pumps, filters, and chemical feeders, water and gas service lines from the point of service to the pool equipment, wiring from the pool equipment to the first readily accessible disconnect, pool piping, fittings, backflow prevention devices, waste lines, and other integral parts of a swimming pool or spa. (l) "Wood Frame Structures" which include framing, roofing, siding, or flooring for wood-framed structures in excess of five thousand square feet used for housing livestock, storage, or processing, when such structures are not used for habitation or office facilities. (m) "Public Electrical Utility" which includes the installation, replacement, alteration, and repair of transmission lines on or off public rights-of-way, including erection of poles, guying systems, tower line erection, street lighting, and outside lighting of all voltages and all underground systems, including ducts for signal communication and similar installations, transformers, circuit breakers, capacitors, primary metering devices, and other related equipment not used in connection with this subclassification. A contract that contains electrical work above fifty volts must be performed by a licensed public utility-electrical or mechanical-electrical contractor. This subclassification does not cover athletic field lighting, stadium lighting, or lighting which is not on public easements or rights-of-way. (n) "Boiler installation" which includes those who are qualified to install, repair, and service boilers and boiler piping including the boiler auxiliary equipment, controls, and actuated machinery and dryer rolls. To qualify for this subclassification, a person must pass a technical examination administered by the board or must be the holder of the American Society of Mechanical Engineers (ASME) "S" stamp or hold the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) "R" stamp and meet the requirements for licensure according to this chapter. (o) "Glass and Glazing" which includes, but is not limited to, commercial, residential, industrial, institutional, modular, and all other types of glass and glazing construction. The construction is limited to selection, cutting, assembling, and installing all makes and kinds of glass for windows, sash and doors, metal frames, ornamental decorations, mirrors, tub and shower enclosures, guard and handrail systems, and other fixed openings. This license classification includes all work under the subclassifications of renovation, structural shapes, and architectural aluminum glazing systems which include aluminum entrance doors and frame systems, entrance and egress hardware, curtain wall systems, sliding doors/mall fronts, overhead glazing systems, and architectural window systems and accessories. (5) "Mechanical Contractors" which includes work under these subclassifications: (a) "Air Conditioning" which includes the installation, replacement, alteration, and repair of air conditioning equipment and systems which consist of a number of components necessary to produce conditioned air for environmental heating or cooling, or both, within buildings. Hot water or steam heating systems or components are not included under this classification. This subclassification also includes work under the subclassifications of Packaged Equipment and Refrigeration. (b) "Heating" which includes installation, replacement, alteration, and repair of heating equipment and systems in buildings which require the use of high or low pressure steam vapor or hot water including all piping, ducts, and mechanical equipment, including boilers, within, adjacent to, or connected with a building and the installation of necessary gas lines if any of this equipment is gas-fired. (c) "Packaged Equipment" (air conditioning-heating packaged equipment limited to twenty-five tons cooling and five hundred thousand BTU/HR heating per unit) which includes the installation, replacement, alteration, or repair of air conditioning equipment and systems which consist of a number of components necessary to produce conditioned air for environmental heating or cooling, or both, within buildings, including types of heating systems and any size package equipment; and the installation, alteration, and repair of ventilation systems, including duct work, air filtering devices, kitchen exhaust and other hood systems, water treatment devices, pneumatic or electrical controls, or control piping; thermal and acoustical insulation, vibration isolation materials and devices, liquid fuel piping and tanks, water and gas piping from service and heating circuits and air handling systems, including gas-fired furnaces and space heaters; and factory-assembled single package units and split type direct expansion equipment, including heat pumps. This subclassification does not include installing, replacing, altering, or repairing hot water or steam heating systems or components. (d) "Electrical" which includes the installation, alteration, or repair of wiring-related electrical material and equipment used in the generating, transmitting, or utilization of electrical energy less than six hundred volts, including all overhead electrical wiring on public rights-of-way for signs and street decorations and all underground electrical distribution systems of less than six hundred volts serving private properties. This subclassification also includes, but is not limited to, installing, altering, and repairing, panels, controls, conductors, conduits, cables, devices, plates, electric ceilings, control wiring; and electric heating, lighting fixtures, lamps, general outside lighting, underground and overhead feeder distribution systems for services, and related components or work necessary to provide a complete electrical system and installing window or through-the-wall air conditioning units not to exceed three HP or three tons where no piping is necessary. Under this subclassification, general outside lighting is limited solely to within property lines and not on public easements or rights-of-way. A contract that contains electrical work above fifty volts must be performed by a contractor licensed under this subclassification or a licensed public electrical utility contractor. This license subclassification includes installing, altering, and repairing all lighting on private property, athletic fields, stadiums, parking lots, and the design, installation, and servicing of fire alarm systems. (e) "Lightning Protection Systems" which includes installation, replacement, alteration, or repair of necessary lightning protection conduction, cables, rods, points, anchors, fastening devices, labels, ground clamps, braces, and all related component parts necessary for a complete lightning protection system. (f) "Plumbing" which includes the installation, replacement, alteration, and repair of all plumbing including solar water heating when performed solely within property lines and not on public easements or rights-of-way except to make connections to water meters or sewer taps as allowed by the utility owner; and the installation, alteration, and repair of all piping, fixtures, and appliances related to water supply, including pressure vessels and tanks, and excluding municipal or related water supply systems; venting and sanitary drainage systems for all fluid and semi-fluid and organic wastes; roof leaders; water-conditioning equipment; piping and equipment for swimming pools; and installation of a system of pipes, fittings, fixtures, drains, and all necessary component parts upon the premises or in a building to supply water to buildings and to convey sewage or other waste products from buildings. If this equipment is gas-fired, the necessary gas lines may be installed under this subclassification used in connection with this subclassification. Plumbing contractors in license groups three, four, and five are not required to be licensed under Chapter 45, Title 23 to install standpipe systems, including water hose connections, water hose cabinets, and related branch lines if the water hoses do not supply water to automatic fire protection sprinklers. (g) "Pressure and Process Piping" which includes the installation, maintenance, repair, alteration, or extension of a system of piping, tubing, vessels, containers, pumps, apparatus, and appurtenances in connection with pressure piping used for circulation, transporting, holding, or processing of gas, vapor, fluid, liquid, semi-liquid, or any combination of these. However, boilers, boiler piping, piping used to convey potable water, sanitary sewage, liquefied petroleum, manufactured or natural gas or refrigeration, air conditioning and comfort heating piping are not included in this subclassification. (h) "Refrigeration" which includes the installation, replacement, alteration, and repair of refrigeration equipment and systems used for processing, storage, and display of food products and other perishable commodities and commercial, industrial, and manufacturing processes requiring refrigeration, excluding comfort air conditioning. This subclassification also includes work on systems including related equipment for temperature, safety, and capacity controls, thermal insulation, vibration isolation materials and devices, water treatment devices, construction and installation of walk-in refrigeration boxes, liquid fuel piping and tanks, water and gas piping from equipment to service connection, and testing and balancing of refrigeration equipment and systems. Effect of Amendment 2023 Act No. 69, SECTION 14, rewrote the section.
S.C. Code Ann. § 40-60-440 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-440
SECTION 40-60-440. Unprofessional conduct by employees, directors, or agents of appraisal management companies.
Status: in_force

(A) It is unprofessional conduct for an employee, director, or agent of an appraisal management company registered pursuant to this article to influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in another manner, including: (1) withholding or threatening to withhold timely payment for an appraisal, with the exception of an appraisal noncompliant with the written terms of the agreement; (2) withholding or threatening to withhold future business from certified or licensed appraisers, who are independent contractors, or demoting, threatening to demote, or terminating certified or licensed appraisers, who are independent contractors; (3) expressly or impliedly promising future business, promotion, or increased compensation for certified or licensed appraisers, who are independent contractors; (4) requesting that certified or licensed appraisers, who are independent contractors, provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values of comparable sales at any time before the certified or licensed appraiser's completion of an appraisal service; (5) providing to certified or licensed appraisers, who are independent contractors, an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, excepting that a copy of the sales contract for purchase transactions may be provided; (6) providing stock or other financial or nonfinancial benefits to certified or licensed appraisers, who are independent contractors, or an entity or person related to the appraiser; (7) allowing the removal of certified or licensed appraisers, who are independent contractors, from an appraiser panel without prior written notice to the appraiser specifying the basis for his removal from the appraisal panel; (8) obtaining, using, or paying for a second or subsequent appraisal or valuation in connection with a mortgage financing transaction, unless there is a reasonable basis to believe that the initial appraisal or valuation was flawed or tainted and this basis is clearly and appropriately noted in the loan file, or unless the appraisal review or quality control process written preestablished lending requirements, or unless the appraisal or valuation is required by state or federal law; (9) engaging in another act or practice that impairs or attempts to impair the independence, objectivity, or impartiality of an appraiser; (10) requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for liability, damages, losses, or claims arising out of the services performed by the appraisal management company and not the services performed by the appraiser; and (11) prohibiting certified or licensed appraisers, who are independent contractors, to file an initial complaint against the appraisal management company for alleged abuses of above prohibitions or other issues of misconduct. The board shall handle initial complaints in the same manner as those initial complaints against certified or licensed appraisers. (B) The provisions of subsection (A) may not be construed to prohibit the appraisal management company from requiring certified or licensed appraisers, who are independent contractors, to: (1) provide additional information about the basis for a valuation; (2) correct objective factual errors in an appraisal report; and (3) consider additional, appropriate property information, including the consideration of additional comparable priorities to make or support an 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."
S.C. Code Ann. § 40-5-230 — SC Code / Title 40 / Chapter 5 / Article 3 / Section 40-5-230
SECTION 40-5-230. Effect of article on disciplinary powers of courts.
Status: in_force

Nothing in this article contained shall be construed to deprive the courts of this State of the power, as at present existing, of disbarring or otherwise punishing members of the bar.
S.C. Code Ann. § 40-11-520 — SC Code / Title 40 / Chapter 11 / Article 3 / Section 40-11-520
SECTION 40-11-520. Stay of action or arbitration.
Status: in_force

If the claimant files a civil action or initiates an arbitration before first complying with the requirements of this article, on motion of a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this article.
S.C. Code Ann. § 40-30-200 — SC Code / Title 40 / Chapter 30 / Section 40-30-200
SECTION 40-30-200. Investigation of complaints.
Status: in_force

(A) The department shall investigate complaints and violations as provided in this chapter and Chapter 1, Title 40. (B) The presiding officer of the board may administer oaths if taking testimony concerning any matters pertaining to the business or duties of the board. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the board for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act. (C) A person aggrieved by a final action of the board may seek an appeal of the decision in accordance with Section 40-1-160. (D) Service of a notice of appeal does not stay the board's or the department's decision pending completion of the appellate process. Effect of Amendment The 2013 amendment deleted "disciplinary" before "panel for a hearing", and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-49-310 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-310
SECTION 40-49-310. Compensation of members; disposition of surplus funds.
Status: in_force

The members of each such board shall receive for each meeting a per diem as designated by the governing body which appointed them, to be paid out of the money received for the issuing of such certificate. The surplus, if any, shall be paid into the treasury of the county, municipality, incorporated community or district, as the case may be.
S.C. Code Ann. § 40-67-570 — SC Code / Title 40 / Chapter 67 / Article 3 / Section 40-67-570
SECTION 40-67-570. Adverse actions.
Status: in_force

(A) In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: (1) take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state; (2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court, applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and (3) only the home state has the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state. (B) For purposes of taking adverse action, the home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action. (C) The home state must complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state also has the authority to take appropriate actions and promptly shall report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions. (D) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist. (E) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action. (F) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. (G) If adverse action is taken by the home state against an audiologist's or speech language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states is deactivated until all encumbrances are removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license must include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order. (H) If a member state takes adverse action, it promptly must notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. (I) Nothing in this compact overrides a member state's decision that participation in an alternative program may be used in lieu of adverse action.
S.C. Code Ann. § 40-20-10 — SC Code / Title 40 / Chapter 20 / Section 40-20-10
SECTION 40-20-10. Citation of chapter.
Status: in_force

This chapter may be cited as the "South Carolina Dietetics Licensure Act".
S.C. Code Ann. § 40-29-160 — SC Code / Title 40 / Chapter 29 / Section 40-29-160
SECTION 40-29-160. Collection and enforcement of fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-6-60 — SC Code / Title 40 / Chapter 6 / Section 40-6-60
SECTION 40-6-60. Adoption of rules and regulations.
Status: in_force

The commission may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 40-29-270 — SC Code / Title 40 / Chapter 29 / Section 40-29-270
SECTION 40-29-270. Remedy of defects, imminent safety hazards.
Status: in_force

A defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless additional time is granted by the board. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to: (1) inadequate heating in freezing weather; (2) failure of sanitary facilities; (3) electrical shock; (4) leaking gas; or (5) major structural failure. The board may suspend this five-day time period in the event of widespread defects or damage resulting from adverse weather conditions or other natural catastrophes. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1976 Code SECTION 40-29-180.
S.C. Code Ann. § 40-77-100 — SC Code / Title 40 / Chapter 77 / Section 40-77-100
SECTION 40-77-100. Cease and desist order, temporary restraining order, and other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
S.C. Code Ann. § 40-23-240 — SC Code / Title 40 / Chapter 23 / Section 40-23-240
SECTION 40-23-240. Reciprocity agreements; licensure of person credentialed in another jurisdiction.
Status: in_force

(A) The board may enter into a reciprocal agreement with another jurisdiction of the United States that credentials any licensed activities regulated by this chapter if the board finds the jurisdiction has substantially the same or higher licensure criteria as are required by this chapter. (B) The board may license a person who is currently credentialed in another jurisdiction of the United States for licensed activities regulated by this chapter if the person demonstrates to the satisfaction of the board that he possesses credentials, education, and experience that are the substantial equivalent of the requirements of this chapter for the licensed activity in question.
S.C. Code Ann. § 40-19-100 — SC Code / Title 40 / Chapter 19 / Section 40-19-100
SECTION 40-19-100. Restraining orders and other equitable relief.
Status: in_force

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
S.C. Code Ann. § 40-36-570 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-570
SECTION 40-36-570. Adverse actions.
Status: in_force

(A) A home state has exclusive power to impose adverse action against an occupational therapist license or occupational therapy assistant license issued by the home state. (B) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law to: (1) take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state; and (2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by a court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located. (C) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (D) The home state shall complete pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, also shall have the authority to take appropriate action and promptly shall report the conclusions of the investigations to the occupational therapy compact commission data system. The data system administrator shall promptly notify the new home state of adverse actions. (E) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from an adverse action taken against that occupational therapist or occupational therapy assistant. (F) A member state may take adverse action based on the factual findings of the remote state if the member state follows its own procedures for taking the adverse action. (G) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, a member state may participate with other member states in joint investigations of licensees. Member states shall share investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact. (H) If an adverse action is taken by the home state against an occupational therapist license or occupational therapy assistant license, the compact privilege of the occupational therapist or occupational therapy assistant in all other member states must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist license or occupational therapy assistant license shall include a statement that the compact privilege of the occupational therapist or occupational therapy assistant is deactivated in all member states during the pendency of the order. (I) If a member state takes adverse action, it promptly shall notify the data system administrator, who promptly shall notify the home state of adverse actions by remote states. (J) Nothing in this compact may be construed to override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
S.C. Code Ann. § 40-47-1280 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1280
SECTION 40-47-1280. Violations of this article.
Status: in_force

(A) It is unlawful for a person who is not licensed under this article to hold himself out as an anesthesiologist's assistant. A person who holds himself out as an anesthesiologist's assistant without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both. (B) For the purpose of any investigation or proceeding under this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry. (C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section. (D) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
S.C. Code Ann. § 40-77-290 — SC Code / Title 40 / Chapter 77 / Section 40-77-290
SECTION 40-77-290. Seal.
Status: in_force

Upon registration, each registered professional geologist shall obtain a seal of the design authorized by the board, bearing his name, assigned serial number, and the title "registered professional geologist". All drawings, reports, or other geologic papers or documents involving geologic work which have been prepared or approved by a registered professional geologist or a subordinate employee under the geologist's direction for the use of or for delivery to a person or for public record within this State must be signed by the registered professional geologist and impressed with his seal or the seal of a nonresident practicing under the provisions of this chapter.
S.C. Code Ann. § 40-9-85 — SC Code / Title 40 / Chapter 9 / Section 40-9-85
SECTION 40-9-85. Volunteer chiropractor license authorizing care of needy and indigent.
Status: in_force

(A) The South Carolina Board of Chiropractic Examiners is authorized to issue a special volunteer license for chiropractors who wish to devote their expertise exclusively to providing chiropractic care to the needy and indigent in South Carolina. The board will waive all application fees, examination fees, and annual registration fees for any chiropractor licensed in accordance with this section. (B) The board shall promulgate regulations outlining the qualifications for the issuance of a special volunteer license.
S.C. Code Ann. § 40-2-210 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-210
SECTION 40-2-210. Cease and desist order for violation of licensing requirement; injunctions and restraining orders; penalty.
Status: in_force

If the board believes that a person or firm has engaged, or is about to engage, in an act or practice which constitutes or will constitute a violation of Section 40-2-30, the board may issue a cease and desist order. The board may also apply to the Administrative Law Court pursuant to Section 40-1-210 for an order enjoining these acts or practices, and upon a showing by the board that the person or firm has engaged or is about to engage in these acts or practices, the division shall grant an injunction, restraining order, or other order as may be appropriate. For each violation, the Administrative Law Court may impose a fine of no more than ten thousand dollars. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-75-550 — SC Code / Title 40 / Chapter 75 / Article 3 / Section 40-75-550
SECTION 40-75-550. Issuance of license to person furnishing satisfactory evidence to licensure board in another state.
Status: in_force

Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
S.C. Code Ann. § 40-79-130 — SC Code / Title 40 / Chapter 79 / Section 40-79-130
SECTION 40-79-130. Grounds for denial of license.
Status: in_force

As provided for in Section 40-1-130, the board may deny a license, certification, or registration to an applicant based on the same grounds for which the board may take disciplinary action against a licensee. (1) The department may refuse to issue a license or registration to any applicant who has: (a) failed to meet the minimum qualifications set forth in this chapter or regulations promulgated under this chapter; (b) had a license or registration denied, suspended, canceled, revoked, or otherwise disciplined; (c) engaged in the alarm business without a valid license as required under this chapter; (d) submitted a bid without a valid license when one is required by law; (e) committed an act, which would be grounds for disciplinary action under this chapter; (f) submitted false or misleading information; (g) aided or abetted in the violation of this chapter or a regulation promulgated under this chapter; (h) been convicted of a crime involving the sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic in the last ten years, or involving unlawful breaking or entering, burglary, or larceny or of an offense involving moral turpitude in the last ten years. "Conviction" means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury; or (i) any outstanding monetary judgments related to the alarm business. (2) A license or registration may not be issued to any applicant who: (a) had a similar license or certificate revoked by any federal, state, or local jurisdiction. Such an applicant is eligible to apply for licensure, in the board's discretion, or after not less than one year from the date of revocation; (b) is presently under suspension or on probation by a professional licensing entity in this or any other state or jurisdiction; (c) has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state; or (d) is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation committed while engaged in or related to any aspect of the business of contracting.
S.C. Code Ann. § 40-19-230 — SC Code / Title 40 / Chapter 19 / Section 40-19-230
SECTION 40-19-230. Qualifications for license as embalmer or funeral director; examinations; conditions for licensure without examination; renewal of licenses.
Status: in_force

(A) A person may be issued a license as an embalmer if the person: (1) is at least eighteen years of age; (2) has not been convicted of or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession; (3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board; (4) has completed successfully a regular course in an embalming college accredited by the American Board of Funeral Service Education and approved by the board; (5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an embalmer under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State; (6) has passed an examination prescribed by the board. (B) A person may be issued a license as a funeral director if the person: (1) is at least eighteen years of age; (2) has not been convicted of or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession; (3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college; (4) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as a funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State; (5) has passed an examination prescribed by the board. (C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation. An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination. (D) No license may be issued or renewed for a period exceeding two years, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board. (E) A person holding a license under this chapter may have the license renewed for a two-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient. (F) A permit for a crematory or a permit for a funeral establishment which operates a crematory may be renewed for a two-year period by applying within thirty days preceding or following the expiration of the permit, upon forms provided by the board, payment of a renewal fee as established by the board in regulation and passage of an inspection conducted by the board. Editor's Note Prior Laws:1962 Code SECTION 56-677; 1971 (57) 327; 1983 Act No. 146, SECTION 1; 1976 Code SECTION 40-19-100. Effect of Amendment 2024 Act No. 223, SECTION 14, in (A), rewrote (2), and in (5), substituted "embalmer" for "apprentice"; and in (B), rewrote (2), and in (4), substituted "a funeral director" for "an apprentice funeral director".
S.C. Code Ann. § 40-60-70 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-70
SECTION 40-60-70. Code of ethics.
Status: in_force

Appraisers shall conduct themselves in accordance with a code of ethics as established in the Uniform Standards of Professional Appraisal Practice (USPAP) and adopted by the board. Effect of Amendment 2024 Act No. 196, SECTION 12, inserted "as established in the Uniform Standards of Professional Appraisal Practice (USPAP) and".
S.C. Code Ann. § 40-57-820 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-820
SECTION 40-57-820. Work product.
Status: in_force

A licensee under this chapter is responsible for any and all work product produced by him or with the assistance of artificial intelligence, machine learning, or similar programs. A violation of this chapter that is committed through the use of these programs will be treated as if the violation was committed directly by the licensee.
S.C. Code Ann. § 40-82-240 — SC Code / Title 40 / Chapter 82 / Section 40-82-240
SECTION 40-82-240. Dealer storage capacities and waiver.
Status: in_force

(A) A dealer conducting business in the State: (1) must have or have access to facilities with a storage capacity of a minimum of 30,000 water gallons located within close proximity to the area to be served; however, no more than two dealers may share the capacity of one 30,000 gallon tank; (2) whose headquarters are outside of the State, must have storage capacity located in the State within close proximity to the area served in the State. (B) The board may waive the minimum bulk storage facility requirement of subsection (A). (C) If a dealer has access to another dealer's facility, for purposes of subsection (A)(1), the dealer must have a written agreement, signed by both parties, stipulating the terms, conditions, and available capacity. A current agreement must be submitted at the time of each license renewal, and the duration of the agreement must, at a minimum, coincide with the length of the licensing period.
S.C. Code Ann. § 40-60-430 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-430
SECTION 40-60-430. Criminal background checks for appraisers.
Status: in_force

A registered appraisal management company that requires a real estate appraiser to submit to a criminal background check as a condition of employment, contractual relationship, or access to an appraisal portal shall accept a criminal background check performed within the preceding twelve months if it substantially conforms to the criminal background checks of the company selected by the appraisal management company. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-7-370 — SC Code / Title 40 / Chapter 7 / Section 40-7-370
SECTION 40-7-370. Operation of barbershop by registered apprentice prohibited.
Status: in_force

No registered apprentice, registered under the provisions of this chapter, may operate a barbershop in this State. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-34; 1952 Code SECTION 56-260; 1962 Code SECTION 56-260; 1976 Code SECTION 40-7-110.