S.C. Code Ann. § 44-32-60 — SC Code / Title 44 / Chapter 32 / Section 44-32-60
SECTION 44-32-60. Inspections; blood donor disqualification notice; verification of recipient's age; right of action.
Status: in_force

(A) The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities: (1) an initial inspection which must be successfully completed as a condition of permitting; (2) an inspection after any complaint is filed with the department; and (3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility. (B) Each body piercing location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which body piercing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a body piercer uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific piercing site. (C) A body piercing technician shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, "picture identification" means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section. (D) A person who has his or her body pierced while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.
S.C. Code Ann. § 44-71-10 — SC Code / Title 44 / Chapter 71 / Section 44-71-10
SECTION 44-71-10. Short title.
Status: in_force

This chapter may be cited as the "Quality Hospice Programs Act". Effect of Amendment 2017 Act No. 61, SECTION 1, substituted "Quality Hospice Programs Act" for "Hospice Licensure Act".
S.C. Code Ann. § 44-35-5 — SC Code / Title 44 / Chapter 35 / Section 44-35-5
SECTION 44-35-5. Short title.
Status: in_force

Sections 44-35-10 through 44-35-100 may be cited as the Central Cancer Registry.
S.C. Code Ann. § 44-36-40 — SC Code / Title 44 / Chapter 36 / Article 1 / Section 44-36-40
SECTION 44-36-40. Immunity from liability for divulging confidential information.
Status: in_force

Neither the registry or the School of Public Health nor a person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the person or organization acted in bad faith or with malicious purpose.
S.C. Code Ann. § 44-49-50 — SC Code / Title 44 / Chapter 49 / Article 1 / Section 44-49-50
SECTION 44-49-50. Cooperation; legal services.
Status: in_force

It shall be the duty of all departments, officers, agencies, and employees of the State to cooperate with the Office of Substance Use Services in carrying out its functions. The Attorney General shall furnish such legal services as are necessary to the Office of Substance Use Services and the Department of Behavioral Health and Developmental Disabilities. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-2130 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2130
SECTION 44-7-2130. Districts as county agencies for operation of health care facilities; receipt of proceeds of special hospital taxes levied by authorizing subdivisions.
Status: in_force

A district constitutes an agency of the county to operate health care facilities and shall receive the proceeds from any special public hospital tax levied by the authorizing subdivisions. The reincorporation under Article 16, Chapter 7, Title 44 of the 1976 Code of any public hospital corporation that heretofore has been designated as the agency of a county to operate and maintain public hospital facilities in the counties in no way impairs or invalidates this designation and the reincorporated public hospital corporation shall continue as such just as if it had not been so reincorporated. Nothing in this section, however, limits any rights or powers otherwise conferred upon a district pursuant to any other provision of this article or of law.
S.C. Code Ann. § 44-6-35 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-35
SECTION 44-6-35. Medicaid waiver protections.
Status: in_force

In administering home- and community-based waiver programs, the department shall, to the extent possible, maintain the waiver status of an eligible family member of a member of the armed services who maintains his South Carolina state residence, regardless of where the service member is stationed. Consequently, a person on a waiver waiting list would return to the same place on the waiting list when the family returns to South Carolina. Furthermore, the eligible family member previously enrolled in a waiver program and who received active services would be reinstated into the waiver program once Medicaid eligibility is established, upon their return to South Carolina. It is not the intent of this section to authorize services provided outside the South Carolina Medicaid Service Area. These provisions are contingent upon the department receiving federal approval.
S.C. Code Ann. § 44-53-450 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-450
SECTION 44-53-450. Conditional discharge; eligibility for expungement.
Status: in_force

(A) Whenever any person who has not previously been convicted of any offense under this article or any offense under any state or federal statute relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under Section 44-53-370(c) and (d), or Section 44-53-375(A), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported facility or a facility approved by the Office of Substance Use Services, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record shall be forwarded to and retained by the Department of Narcotic and Dangerous Drugs under the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this article. Discharge and dismissal under this section may occur only once with respect to any person. (B) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (A), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (A)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose. (C) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee of three hundred fifty dollars if the person is in a general sessions court and one hundred fifty dollars if the person is in a summary court. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-264 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-264
SECTION 44-7-264. Nursing home or community residential care facility licensure; fingerprint-based criminal records check; prohibition of issuance of license or requirement of revocation for certain crimes.
Status: in_force

(A) To obtain a license to operate a nursing home or a community residential care facility the person, or persons, required to sign the application for licensure pursuant to Section 44-7-270 shall undergo a state and national fingerprint-based criminal records check. (B)(1) A nursing home license or community residential care facility license must not be issued to the applicant, and if issued, may be revoked, if the person or any one of the persons required to undergo a criminal records check pursuant to subsection (A) is required to register under the sex offender registry pursuant to Section 23-3-430 or has been convicted of: (a) abuse, neglect, or exploitation of a child or vulnerable adult, as defined in Section 43-35-10; (b) any violent crime, as defined in Section 16-1-60; (c) any other drug related felony; (d) forgery, embezzlement, or breach of trust with fraudulent intent, as classified in Section 16-1-90(E); or (e) a criminal offense similar in nature to the crimes listed in this subsection committed in another jurisdiction or under federal law. (2) This section does not prohibit obtaining licensure when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this section has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for licensure for a community residential care facility. (C) Criminal records checks required pursuant to this section must consist of a fingerprint-based records check conducted by the South Carolina Law Enforcement Division (SLED) for the state check and a fingerprint-based records check conducted by the Federal Bureau of Investigation (FBI) for the national check. An applicant shall submit with the criminal records check application one complete set of the applicant's fingerprints in a manner specified by SLED. Fingerprints submitted to SLED pursuant to this section must be collected in a manner specified by SLED and must be used to conduct a state criminal records check by SLED and to facilitate a national criminal records check by the FBI. SLED is authorized to retain the fingerprints for licensing purposes and for notification of the department regarding criminal charges. The actual cost of obtaining state and national criminal records checks by SLED and the FBI must be paid by the licensure applicant directly to the required entity as specified by SLED.
S.C. Code Ann. § 44-21-80 — SC Code / Title 44 / Chapter 21 / Section 44-21-80
SECTION 44-21-80. Developmental evaluation centers.
Status: in_force

(A) The Medical University of South Carolina, the Prisma Health Medical Group-Midlands, and the Prisma Health-University Medical Group are each hereby authorized, as agents of the State of South Carolina, to fulfill the role of Regional Tertiary Level Developmental Evaluation Centers, hereinafter collectively referred to as "developmental evaluation centers." (B) As developmental evaluation centers, the above named institutions shall provide neurodevelopmental evaluation and limited treatment services for individuals up to twenty-one years of age who have a suspected or diagnosed neurodevelopmental disorder or who are referred and accepted for services. (C) Contingent upon sufficient funding, developmental evaluation centers shall work with institutions, state agencies, and other organizations to increase the number of neurodevelopmental professions, increase community provider neurodevelopmental services capacity through provider training programs, provide technical assistance to improve regionalized, community-based, and family centered systems of care for individuals with neurodevelopmental disorders, and participate in neurodevelopmental research. (D) For the purposes of this section, "neurodevelopmental disorders" are characterized by disruptions in the functioning neurological system and the brain, leading to difficulties in one or more of cognition, behavior, social interaction, communication, or motor function. Neurodevelopmental disorders primarily manifest early in development, typically during infancy, childhood, or adolescence. Effect of Amendment 2021 Act No. 49, SECTION 1, in (A), substituted "Medical University of South Carolina, the Prisma Health—University of South Carolina Medical Group, and the Prisma Health—University Medical Group" for "Department of Pediatrics of the Medical University of South Carolina, the University Pediatrics of the University Affiliated Program of the University of South Carolina, and the Children's Hospital of the Greenville Hospital System,". 2025 Act No. 3, SECTION 16, rewrote the section.
S.C. Code Ann. § 44-56-130 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-130
SECTION 44-56-130. Unlawful acts.
Status: in_force

After the promulgation of the regulations required under Section 44-56-30: (1) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the department as required by such regulations. (2) It shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without complying with the procedures described in such regulations. (3) It shall be unlawful for any person to fail to comply with this chapter and rules and regulations promulgated pursuant to this chapter; to fail to comply with any permit issued under this chapter; or to fail to comply with any order issued by the board, director, or department. For the validity of (4) to (6), see Editors' Notes below. (4) It is unlawful for any person who owns or operates a waste treatment facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the treatment of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe treatment of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for treatment. (5) It is unlawful for any person who owns or operates a waste storage facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the storage of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe storage of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for storage. (6) It is unlawful for any person who owns or operates a waste disposal facility within this State to accept any hazardous waste generated in any jurisdiction which prohibits by law the disposal of that hazardous waste within that jurisdiction or which has not entered into an interstate or regional agreement for the safe disposal of hazardous waste pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act. Written documentation demonstrating compliance with this item must be submitted to the department before the transportation of any hazardous waste into the State for disposal. Validity For the validity of (4) to (6) of this section, see Environmental Technologies Council v. State of South Carolina, 901 F.Supp. 1026 (D.S.C. 1995).
S.C. Code Ann. § 44-55-2310 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2310
SECTION 44-55-2310. Short title.
Status: in_force

This article may be cited as the State Recreational Waters Act.
S.C. Code Ann. § 44-56-760 — SC Code / Title 44 / Chapter 56 / Article 7 / Section 44-56-760
SECTION 44-56-760. Review of program.
Status: in_force

Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements.
S.C. Code Ann. § 44-26-190 — SC Code / Title 44 / Chapter 26 / Section 44-26-190
SECTION 44-26-190. Department of Education to develop and utilize most current methods of education and training of clients; rights of school-aged clients to appropriate education.
Status: in_force

(A) The State Department of Education shall seek to develop and utilize the most current and promising methods for the education and training of people with intellectual disability. It shall utilize the assistance, service, and findings of other state and federal agencies. (B) School-aged clients with intellectual disability have the right to an appropriate education regardless of the degree of retardation or accompanying disabilities as provided in Public Law 94-142, the Education of Handicapped Children Act. Placement of a school-aged person with intellectual disability in a facility of the office does not preclude his attendance in community-based public schools. It is the goal of each intellectual disability facility to effect a move of each resident client from facility-based educational programs to community-based public schools. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-15-80 — SC Code / Title 44 / Chapter 15 / Section 44-15-80
SECTION 44-15-80. Powers and duties of Department.
Status: in_force

In addition to the powers and duties already conferred by law, the Department of Behavioral Health and Developmental Disabilities shall: (1) Promulgate rules and regulations governing the eligibility of community mental health programs to receive State grants, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel; (2) Govern eligibility for service so that no person will be denied service on the basis of inability to pay and so that anyone who cannot afford to pay for necessary treatment at the rate customarily charged in available private practice shall be eligible to receive services from the community mental health clinic; (3) Provide for establishment of fee schedules and reduction of balance due which shall be based upon ability to pay; (4) Regulate fees for consultation and diagnostic services, which services may be provided to anyone without regard to his financial status when such person is referred by the courts, schools, health or welfare agencies; (5) Promulgate such other rules and regulations as it deems necessary to carry out the purposes of this article; (6) Review and evaluate local programs and the performance of all personnel and make recommendations thereon to community mental health boards and program administrators; (7) Provide consultative staff service to communities to assist in ascertaining local needs and in planning and establishing community mental health programs; and (8) Employ personnel, certified by the merit system as classified according to existing job classifications, including a State Director of Community Mental Health Services, to be under the supervision of the Office Director of the Office of Mental Health, to implement the provisions of this article. (9) Require reports from the directors of community mental health programs relating to the intake, examination, diagnosis and file closing of any patient or client. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-53-550 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-550
SECTION 44-53-550. Prosecutions prior to effective date of article.
Status: in_force

Prosecution occurring prior to June 17, 1971 is not affected or abated by this article. However, if the offense being prosecuted is similar to one set forth in Sections 44-53-370 to 44-53-470, then the penalties under Sections 44-53-370 to 44-53-470 shall apply if they are less than under prior law. Offenses occurring prior to June 17, 1971 may be prosecuted under the statute then in force, but shall be subject to penalty limitations in this section.
S.C. Code Ann. § 44-96-340 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-340
SECTION 44-96-340. Solid waste incinerators.
Status: in_force

(A) No solid waste incinerator with a daily capacity in excess of six hundred tons may be permitted within the State, nor may any solid waste incinerator with a daily capacity in excess of one hundred tons be permitted to be sited within three miles of another such facility. (B) Not later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all solid waste incinerators, other than facilities specifically regulated under other provisions of this article or other applicable provisions of state law. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. (C) The regulations governing solid waste incinerators shall, at a minimum, contain the following requirements: (1) the submission by the permit applicant of the following documents: (a) an engineering report which must, at a minimum, contain a description of the facility, the process and equipment to be used, the proposed service area, the types and quantities of wastes to be treated, and storage of waste; (b) engineering plans and specifications which must, at a minimum, describe the process equipment specifications, instrumentation and control diagrams, and performance specifications for all major equipment and control centers; (c) a personnel training program; (d) an ash management plan including, at a minimum, an identification of the facility approved by the department that will receive the residue and a certification that the facility shall have adequate capacity to handle such residue; (e) an air quality monitoring plan; (f) a description of the manner in which waste waters, if any, from the facility will be managed; (g) a quality assurance and quality control report; (h) a contingency plan describing a technically and financially feasible course of action to be taken in response to contingencies which may occur during construction and operation of the facility; (i) an operation plan describing how the facility will meet all applicable regulatory requirements; (j) a draft operation and maintenance manual; and (k) a closure plan; (2) locational criteria; provided, however, that the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption; (3) facility design and operational requirements including, but not limited to, access controls, recordkeeping and reporting requirements, receipt and handling of solid waste, process changes, emergency preparedness, and guidelines for identifying items or materials that should be removed prior to incineration; (4) air and water quality monitoring requirements; (5) closure and postclosure requirements; (6) financial responsibility requirements; (7) personnel training requirements; (8) ash residue requirements including, but not limited to, testing requirements and procedures, the contents of an ash management plan, handling, storage, reuse or recycling, transportation, and disposal of the ash; and (9) corrective action requirements.
S.C. Code Ann. § 44-29-240 — SC Code / Title 44 / Chapter 29 / Section 44-29-240
SECTION 44-29-240. Protection of health care professionals rendering care; knowledge and disclosure of HIV or HBV status.
Status: in_force

A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, is encouraged to know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, is encouraged to have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care.
S.C. Code Ann. § 44-7-2460 — SC Code / Title 44 / Chapter 7 / Article 20 / Section 44-7-2460
SECTION 44-7-2460. Ensuring compliance with article and regulations; civil monetary penalties; promulgation of regulations.
Status: in_force

(A) The department shall ensure and enforce compliance with this article and regulations promulgated pursuant to this article by the imposition of civil monetary penalties and as a condition of licensure or permitting under this chapter pursuant to Section 44-7-320. (B) The department may promulgate regulations as necessary to carry out its responsibilities under this article.
S.C. Code Ann. § 44-28-20 — SC Code / Title 44 / Chapter 28 / Article 1 / Section 44-28-20
SECTION 44-28-20. Definition of "self-sufficiency trust."
Status: in_force

For the purpose of this chapter "a self-sufficiency trust" means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the Office of Intellectual and Developmental Disabilities, Office of Mental Health, or the State Agency of Vocational Rehabilitation. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-41-690 — SC Code / Title 44 / Chapter 41 / Article 6 / Section 44-41-690
SECTION 44-41-690. Unprofessional conduct; revocation of physician's license.
Status: in_force

In addition to any other penalties imposed by law, a physician or any other professionally licensed person who intentionally, knowingly, or recklessly violates the prohibition on abortion contained in this article commits an act of unprofessional conduct. A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures. Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures. A complaint may be originated by any person or by the board sua sponte. A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate. Validity For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022). Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 2, rewrote the section.
S.C. Code Ann. § 44-53-485 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-485
SECTION 44-53-485. Handling of seized controlled substances; use of photographs or videotapes of substances at trial; admissibility of evidence.
Status: in_force

(A) Controlled substances seized pursuant to this article must be inventoried, reported, audited, handled, tested, stored, preserved, or destroyed pursuant to procedures promulgated by the South Carolina Law Enforcement Division. (B) The chief law enforcement official of the seizing agency, his designee, or the clerk of court, after one year following the conviction, guilty plea, plea by nolo contendere, or other disposition of the criminal case, may order the destruction or other lawful disposition of the substances unnecessary for evidentiary purposes in accordance with procedures promulgated by the division. (C) The chief law enforcement official of the seizing agency or his designee, after a reasonable period of time following the seizure, may order the destruction or other lawful disposition of substances that do not come within the jurisdiction of court. (D) When large amounts of substances are seized and storage is impractical, a law enforcement officer, only with the prior written approval and consent of the solicitor, may substitute photographs or videotapes of the substances at trial so long as a representative sample is analyzed for proof of the matter that the substances actually are present. When substitutions are used, the chief law enforcement official or his designee may authorize the destruction of the substances ten days following seizure. (E) In all subsequent court proceedings following the disposition of the case, all evidence presented at the original proceedings is admissible through introduction of the certified record of the case.
S.C. Code Ann. § 44-63-100 — SC Code / Title 44 / Chapter 63 / Section 44-63-100
SECTION 44-63-100. Registering birth by way of petition for Delayed Certificate of Birth Established by Court Order.
Status: in_force

(A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gender at birth, gender changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order. (B) The petition must allege that the person for whom a delayed certificate of birth is sought was born in this State, that no record of birth exists, and that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics for an administrative establishment of a delayed birth certificate. A certification from the State Registrar of Vital Statistics must be attached to the petition stating that no birth record has been located in the records of this State. This certification must be dated less than two years before the petitions' filing date. (C) The petitioner shall serve a certified copy of the filed petition on the State Registrar of Vital Statistics at least thirty days before a scheduled hearing. The court shall fix the time and place of the hearing on the petition for establishment of birth registration, and at least ten days' notice in writing must be given to the State Registrar of Vital Statistics. (D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gender at birth, gender changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary. The order also must include a description of the evidence presented to the court. The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.
S.C. Code Ann. § 44-31-20 — SC Code / Title 44 / Chapter 31 / Article 1 / Section 44-31-20
SECTION 44-31-20. Reports of bacteriological and pathological laboratories.
Status: in_force

(1) All bacteriological and pathological laboratories rendering diagnostic service shall report to the Department of Health and Environmental Control, within twenty-four hours after diagnosis, the full name and other available data relating to the person whose sputa, gastric contents, or other specimens submitted for examination reveal the presence of tubercle bacilli. Such report shall include the name and address of the physician or of any other person or agency referring such positive specimen for clinical diagnosis. (2) All reports and records of clinical or laboratory examination, for the presence of tuberculosis, shall be confidential and recorded in a register maintained by the Department of Health and Environmental Control.
S.C. Code Ann. § 44-53-590 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-590
SECTION 44-53-590. Penalty for use of property in manner which makes it subject to forfeiture.
Status: in_force

Any person who uses property or a conveyance in a manner which would make the property or conveyance subject to forfeiture as provided for in Sections 44-53-520 or 44-53-530, except for innocent owners, rental agencies, lienholders, and the like as provided for in this article, is guilty of a misdemeanor and upon conviction must be imprisoned for not less than thirty days nor more than one year or fined not more than five thousand dollars, or both, in the discretion of the court. The penalties prescribed in this section are cumulative and must be construed to be in addition to any other penalty prescribed by any other provision of this article relating to controlled substances or harmful or illegal drugs.
S.C. Code Ann. § 44-48-140 — SC Code / Title 44 / Chapter 48 / Section 44-48-140
SECTION 44-48-140. Restricted release of confidential information and records to agencies and Attorney General.
Status: in_force

In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.
S.C. Code Ann. § 44-53-720 — SC Code / Title 44 / Chapter 53 / Article 5 / Section 44-53-720
SECTION 44-53-720. Restrictions on use of methadone.
Status: in_force

Methadone and its salts are restricted to: (1) use in treatment, maintenance, or detoxification programs as approved by the Department of Health and Environmental Control, including narcotic treatment programs operating pursuant to Section 40-43-72. (2) dispensing by a hospital for analgesia, pertussis, and detoxification treatment as approved by the Department of Health and Environmental Control. (3) dispensing by a retail pharmacy for analgesia as provided for by R. 61-4, Section 507.5. Effect of Amendment 2023 Act No. 43, SECTION 2, in (1), inserted ", including narcotic treatment programs operating pursuant to Section 40-43-72" at the end.
S.C. Code Ann. § 44-95-50 — SC Code / Title 44 / Chapter 95 / Section 44-95-50
SECTION 44-95-50. Penalty for violation of smoking restrictions.
Status: in_force

A person who violates Section 44-95-20, 44-95-30 or 44-95-40 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.
S.C. Code Ann. § 44-43-930 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-930
SECTION 44-43-930. Notification of organ procurement organization.
Status: in_force

When death is imminent or has occurred, the hospital shall notify the organ procurement organization in a timely manner in accordance with applicable federal and state laws and regulations.
S.C. Code Ann. § 44-53-750 — SC Code / Title 44 / Chapter 53 / Article 5 / Section 44-53-750
SECTION 44-53-750. Autopsy on person dying while enrolled in program.
Status: in_force

An autopsy shall be performed on any person on a methadone program who dies while enrolled in such program. A report concerning the autopsy shall be filed with the Department of Health and Environmental Control. Each person enrolling in such program shall be notified of the autopsy provision as a part of such person's consent which is required prior to admission to such program.
S.C. Code Ann. § 44-2-120 — SC Code / Title 44 / Chapter 2 / Section 44-2-120
SECTION 44-2-120. Use of contractors, subcontractors, and employees for rehabilitation or cleanup.
Status: in_force

(A) The department shall promulgate regulations relating to the evaluation and approval of site rehabilitation contractors to perform work pursuant to this chapter. In doing so, the department, where appropriate, may utilize or incorporate national or state licensing or certification programs that may assist in this endeavor. The department in these regulations may distinguish between different types of site rehabilitation contractors. The regulations promulgated pursuant to this section shall include the following requirements for site rehabilitation contractors: (1) requirements for minimum knowledge and experience relating to the performance of site rehabilitation activities; (2) requirements for types and minimum amounts of liability insurance to be maintained by approved contractors; (3) requirements for public notice of requests for approval applications, evaluation of applications, and subsequent publication of a list of approved contractors; (4) requirements for actions to be taken in the event that an approved contractor fails to maintain the approval; (5) requirements for use of an owner or operator's personnel or equipment in performing site rehabilitation activities. (B) The approval of a site rehabilitation contractor pursuant to this section in no way shall establish liability or responsibility on the part of the department or the State of South Carolina in regards to the services provided by the contractor or circumstances which may occur as a result of such services. (C) Nothing in this chapter may be construed to prohibit an owner or operator of an underground storage tank from conducting site rehabilitation or cleanup through contractors, subcontractors, or qualified personnel employed by them. However, the department may prohibit from participating in site rehabilitation under this chapter any contractor or subcontractor or person who: (1) is not a South Carolina registered professional geologist or engineer, or is not bonded or insured for the full costs of site rehabilitation; (2) has had administrative or civil enforcement action under the provisions of this chapter taken against him within the last three years; (3) has demonstrated repeated noncompliance with requirements for compensation established by the department under Section 44-2-50(B); (4) has demonstrated repeated inability to perform site rehabilitation in accordance with accepted industry standards; (5) has failed to maintain the requirements necessary for approval as a site rehabilitation contractor under this section.
S.C. Code Ann. § 44-113-40 — SC Code / Title 44 / Chapter 113 / Section 44-113-40
SECTION 44-113-40. When provider may refer patient to entity in which it has investment interest; signed disclosure required.
Status: in_force

(A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of: (1) the existence of the investment interest; (2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor; (3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor; (4) the names and addresses of at least two alternative sources of these items or services available to the patient; (5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient. (B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.
S.C. Code Ann. § 44-63-60 — SC Code / Title 44 / Chapter 63 / Section 44-63-60
SECTION 44-63-60. Certificates to be furnished by state registrar.
Status: in_force

The state registrar, upon application by those entitled pursuant to Section 44-63-80, 44-63-82, 44-63-84, or 44-63-86, shall furnish a certificate under the seal of the department showing data from the records of births, deaths, marriages, and divorces registered with the department or a certified copy under seal of such records. Federal, state, local, and other public or private agencies must be furnished copies or data for statistical, health, or legal purposes upon such terms or conditions as prescribed by the state registrar except that upon request the Department of Social Services or its designee must be provided at no charge with a copy or certified copy of a certificate for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation.
S.C. Code Ann. § 44-7-1410 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1410
SECTION 44-7-1410. Short title.
Status: in_force

This article may be referred to and cited as the "Hospital Revenue Bond Act."
S.C. Code Ann. § 44-130-75 — SC Code / Title 44 / Chapter 130 / Section 44-130-75
SECTION 44-130-75. Opioid antidote distribution.
Status: in_force

(A) A hospital, by and through a health care provider employed by the hospital, may distribute an opioid antidote to: (1) a person at risk of experiencing an opiate-related overdose; or (2) a caregiver of a person at risk of experiencing an opiate-related overdose. (B) A hospital that distributes an opioid antidote in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability. A health care provider employed by a hospital that distributes an opioid antidote for the hospital in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability or subject to disciplinary action by the health care provider's licensing board.
S.C. Code Ann. § 44-95-45 — SC Code / Title 44 / Chapter 95 / Section 44-95-45
SECTION 44-95-45. Preemption.
Status: in_force

(A) Political subdivisions of this State may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing, beyond a general business license, related to the sale of the following products: (1) cigarettes, as defined in Section 12-21-620; (2) electronic smoking devices, e-liquid, vapor products, or tobacco products, each as defined in Section 16-17-501; or (3) any other product containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means. (B) Nothing in this section shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this section. Editor's Note 2023 Act No. 38, SECTIONS 1, 3 to 4, and 13, provide as follows: "SECTION 1. This act may be cited as the 'Omnibus Tobacco Enforcement Act of 2023'." "SECTION 3. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this act. "SECTION 4. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting." "SECTION 13. This act takes effect ninety days after approval by the Governor except SECTION 2, SECTION 3, and SECTION 4 which take effect upon approval by the Governor."
S.C. Code Ann. § 44-7-630 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-630
SECTION 44-7-630. Filing results of elections and amount of bonds authorized.
Status: in_force

The said legislative delegation shall file with the governing body of the county, if the election was for a county or township hospital or tuberculosis camp, or with the town council if the election was for a city or town hospital or tuberculosis camp, a detailed statement of the votes cast for the hospital or tuberculosis camp and, if a majority of the qualified voters at such election shall be in favor of building and maintaining such hospital or tuberculosis camp, the amount of bonds to be issued, and in such case such governing body or town council shall issue bonds of the county, township, city or town in the aggregate principal amount not to exceed the amount required for the purpose of building such hospital as voted for by the freeholders.
S.C. Code Ann. § 44-61-820 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-820
SECTION 44-61-820. Rulemaking.
Status: in_force

(A) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state. (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (D) 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: (1) on the website of the Commission; and (2) on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules. (E) The Notice of Proposed Rulemaking shall include: (1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon; (2) the text of the proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on the proposed rule from any interested person; and (4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (F) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. (G) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five persons; (2) a governmental subdivision or agency; or (3) an association having at least twenty-five members. (H)(1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. (2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing. (3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (4) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses. (5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (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 members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (K) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (L) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) meet an imminent threat to public health, safety, or welfare; (2) prevent a loss of Commission or member state funds; (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) protect public health and safety. (M) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
S.C. Code Ann. § 44-24-110 — SC Code / Title 44 / Chapter 24 / Section 44-24-110
SECTION 44-24-110. Examiners' reports; disposition of child when report does not recommend judicial admission, recommends judicial admission, or is divided.
Status: in_force

(A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available. (B) If the report of the examiners is that the child is not in need of judicial admission, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program. (C) If the report of the examiners is that the child is a child in need of judicial admission, the court may order that the child be detained at the place of his admission or in another treatment facility or program. (D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.
S.C. Code Ann. § 44-7-1020 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1020
SECTION 44-7-1020. Acquisition of property; memorials.
Status: in_force

The board of trustees of any such hospital may acquire real estate by purchase or gift for hospital purposes in the name of the city or town and apply for and accept grants, gifts, contributions, trust funds or other property for and in the name of the hospital, may name the hospital in honor of any principal grantor or contributor to the same and may authorize and establish memorials in the hospital buildings or on the grounds in the name of any donor upon request.
S.C. Code Ann. § 44-52-90 — SC Code / Title 44 / Chapter 52 / Section 44-52-90
SECTION 44-52-90. Contents of report; background investigation; counsel to have access to reports.
Status: in_force

The written reports filed with the court shall include, but not be limited to, questions relating to the chemical dependency alleged, whether or not the individual poses a substantial risk of physical harm to himself or others if allowed to remain at liberty, whether or not recent overt acts of the individual are indicative of his chemical dependency, whether or not a less restrictive placement is recommended and available, whether or not the individual is capable of understanding the need to accept treatment on a voluntary basis, and whether or not the individual is likely to benefit from the involuntary treatment. The court may also order a background investigation by a county social worker or other competent investigator. The investigation shall cover the character, family relationships, past conduct, prior treatment episodes, prior episodes with law enforcement, and other relevant factors relating to the individual. The investigator shall submit a written report to the court within seven days of the hearing. Counsel for the person for whom involuntary commitment is sought must have access to reports filed with the court before the hearing.
S.C. Code Ann. § 44-3-140 — SC Code / Title 44 / Chapter 3 / Article 3 / Section 44-3-140
SECTION 44-3-140. Officers of Advisory Council.
Status: in_force

The Advisory Council shall elect a chairman annually from its membership. The district medical director shall be secretary of the Advisory Council.
S.C. Code Ann. § 44-63-86 — SC Code / Title 44 / Chapter 63 / Section 44-63-86
SECTION 44-63-86. Persons to whom marriage certificates and reports of divorce may be issued.
Status: in_force

Copies of marriage certificates and reports of divorce registered with the Department of Health and Environmental Control must be issued to the parties married or divorced, their adult children, a present or former spouse of either party married or divorced, their respective legal representative, or upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Other applicants may be provided with a statement that the marriage or divorce occurred, the date, and county of the event.
S.C. Code Ann. § 44-7-78 — SC Code / Title 44 / Chapter 7 / Article 1 / Section 44-7-78
SECTION 44-7-78. Authority to establish facilities, programs, and services in other locations.
Status: in_force

Notwithstanding any other provision of law, an entity that operates a health care facility as defined in Section 44-7-130(10) may develop and operate facilities, programs, and services in any location where such facilities, programs, or services support the entity or provide services to residents in the area, provided all other statutory and regulatory requirements are met, including the State Certification of Need and Health Facility Licensure Act, Article 3, Chapter 7, Title 44 and related regulations promulgated by the department.
S.C. Code Ann. § 44-7-1480 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1480
SECTION 44-7-1480. Criteria to be considered by county boards in undertaking hospital facilities.
Status: in_force

In undertaking any hospital facilities pursuant to this article, the county board shall be guided by and shall observe the following criteria and requirements; provided, that the determination of the county board as to its compliance with such criteria and requirements shall be final and conclusive, subject only to challenge as provided in Section 44-7-1590: (a) There is a need for the hospital facilities in the area in which the hospital facilities are to be located. (b) No hospital facilities shall be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the loan agreement, including the obligations to make the payments required thereunder, to operate, repair and maintain at its own expense the hospital facilities and to discharge such other responsibilities as may be imposed under the loan agreement. (c) Adequate provision shall be made for the payment of the principal of and the interest on the bonds and any necessary reserves therefor and for the operation, repair and maintenance of the hospital facilities at the expense of the hospital agency or public agency. (d) The public facilities, including utilities, and public services necessary for the hospital facilities will be made available.
S.C. Code Ann. § 44-78-45 — SC Code / Title 44 / Chapter 78 / Section 44-78-45
SECTION 44-78-45. Health care provider or EMS personnel must honor order or bracelet; exceptions; transfer care of patient.
Status: in_force

(A) A health care provider and an EMS personnel shall follow the request of the patient or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child and must not provide resuscitative measures when the patient has a "do not resuscitate order for emergency medical services" or is wearing a "do not resuscitate bracelet", except where the: (1) order is revoked pursuant to Section 44-78-60; or (2) bracelet, when applicable, appears to have been tampered with or removed. (B) A health care provider or EMS personnel who cannot honor the order or bracelet immediately must transfer care of the patient to an EMS personnel or health care provider who will honor the order or bracelet. Effect of Amendment 2022 Act No. 122, SECTION 4, in (A), inserted "or, if the patient is a child, the parent or legal guardian with the legal authority to make medical decisions for the child" following "request of the patient".
S.C. Code Ann. § 44-55-80 — SC Code / Title 44 / Chapter 55 / Article 1 / Section 44-55-80
SECTION 44-55-80. Unlawful acts.
Status: in_force

(A) It is unlawful for a person to fail to comply with: (1) the provisions of this article or the regulations promulgated pursuant to this article; (2) the conditions of any permit issued under this article; or (3) any order of the department. (B) It is unlawful for a person to render a public water system, or part or portion of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of the system or to misrepresent any fact related to the operation of a public water system.
S.C. Code Ann. § 44-7-1680 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1680
SECTION 44-7-1680. Contents of subsidiary loan agreements.
Status: in_force

The subsidiary loan agreement must contain the covenants stated in Section 44-7-1520 and may contain other terms and conditions permitted under this article for loan agreements.
S.C. Code Ann. § 44-17-660 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-660
SECTION 44-17-660. Payment of monies to state employees who are not performing their duties as state employees and are not full-time state employees.
Status: in_force

Monies appropriated to implement the provisions of this article may be paid to a state employee if the employee is not performing his duties as a state employee and is not a full-time state employee.
S.C. Code Ann. § 44-23-460 — SC Code / Title 44 / Chapter 23 / Article 5 / Section 44-23-460
SECTION 44-23-460. Procedure when superintendent believes person charged with crime no longer requires hospitalization.
Status: in_force

When the superintendent of a hospital or intellectual disability facility believes that a person against whom criminal charges are pending no longer requires hospitalization, the court in which criminal charges are pending shall be notified and shall set a date for and notify the person of a hearing on the issue of fitness pursuant to Section 44-23-430. At such time, the person shall be entitled to assistance of counsel: (1) if upon the completion of the hearing, the court finds the person unfit to stand trial, it shall order his release from the hospital; and (2) if such a person has been hospitalized for a period of time exceeding the maximum possible period of imprisonment to which the person could have been sentenced if convicted as charged, the court shall order the charges dismissed and the person released; or (3) the court may order that criminal proceedings against a person who has been found fit to stand trial be resumed, or the court may dismiss criminal charges and order the person released if so much time has elapsed that prosecution would not be in the interest of justice.
S.C. Code Ann. § 44-1-30 — SC Code / Title 44 / Chapter 1 / Section 44-1-30
SECTION 44-1-30. Meetings of Board; compensation of members.
Status: in_force

The Board shall meet at least quarterly and the members shall receive such compensation for their services as is provided by law for members of boards and commissions.
S.C. Code Ann. § 44-53-930 — SC Code / Title 44 / Chapter 53 / Article 7 / Section 44-53-930
SECTION 44-53-930. Retail sales shall be made only by registered pharmacists or assistant pharmacists; exception.
Status: in_force

Sales at retail of hypodermic needles or syringes shall be made only by a registered pharmacist or registered assistant pharmacist through a permitted pharmacy as authorized by Section 40-43-370, except that syringes and hypodermic needles may be sold by persons lawfully selling veterinary medicines as authorized by item (8) of Section 40-69-220 if they register annually with the Department of Health and Environmental Control and pay such registration fee as may be required by the Department and they shall be subject to the provisions of Section 44-53-920.
S.C. Code Ann. § 44-17-530 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-530
SECTION 44-17-530. Appointment of counsel; examination and record.
Status: in_force

Within three days after the petition for judicial commitment set forth in Section 44-17-510 is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the person if counsel has not been retained and the court shall appoint two designated examiners, one of whom must be a licensed physician, to examine the person and report to the court their findings as to the person's mental condition and need for treatment. The examination must be made at a suitable place not likely to have a harmful effect upon the person's health. On a report of the designated examiners of refusal to submit to examination, the court shall order the person to submit to examination. If the person refuses to obey the court's order the court may require a state or local law enforcement officer to take the person into custody for a period not exceeding twenty-four hours during which time the person must be examined by the two designated examiners. The person's attorney must be notified before the person's confinement. If the examiners do not execute the certification provided for in this section within twenty-four hours, the proceeding must be terminated and the person must be released. An adequate record of the examination must be made and offered to the person's counsel. If the conclusions of the examination are that the person is mentally ill the underlying facts must be recorded as well as the conclusions. The person must be given the opportunity to request an additional examination by an independent designated examiner. If the court determines that the person is indigent the examination must be conducted at public expense.
S.C. Code Ann. § 44-17-340 — SC Code / Title 44 / Chapter 17 / Article 3 / Section 44-17-340
SECTION 44-17-340. Written notice of right to release.
Status: in_force

At the time of his admission to the hospital and once during the first six months of hospitalization and annually thereafter a voluntary patient shall be informed in writing of his right to release. The patient's spouse, parent, legal guardian or other interested person shall also be so informed and shall sign a statement to that effect which shall become a part of the patient's record. The patient shall also acknowledge deliverance of the notice in writing or an affidavit that he was so informed shall be attached to his record. Where no spouse, parent, legal guardian or other interested person is known to exist, documentation in the patient's record of this finding will be deemed to be in compliance with the notification requirements.
S.C. Code Ann. § 44-7-610 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-610
SECTION 44-7-610. Petition for establishment of public hospital or tuberculosis camp.
Status: in_force

A petition may be presented to the legislative delegation of any county in this State, signed by two hundred residents or freeholders of such county or two thirds of the freeholders of any township, city or town, requesting the establishment and maintenance of a public hospital or tuberculosis camp in such county, township, city or town and specifying the maximum amount of money proposed to be expended in purchasing or building such hospital or tuberculosis camp.
S.C. Code Ann. § 44-132-20 — SC Code / Title 44 / Chapter 132 / Section 44-132-20
SECTION 44-132-20. Submission of bills by persons licensed to practice medicine.
Status: in_force

A person who is licensed to practice medicine in this State or the professional legal entity of which the person is a shareholder, partner, employee, or owner, may submit a bill for outpatient anatomic pathology services only to: (1) the patient directly; (2) the responsible insurer or other third-party payor; (3) the hospital, public health clinic, or nonprofit health clinic; or (4) the referral laboratory or the primary laboratory.
S.C. Code Ann. § 44-41-70 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-70
SECTION 44-41-70. Promulgation of rules and regulations for certification of hospitals and other facilities.
Status: in_force

(a) The department shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions. (b) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed. Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 8, in (b), deleted "as provided for in Section 44-41-20(a) and (b)" from the end.
S.C. Code Ann. § 44-17-865 — SC Code / Title 44 / Chapter 17 / Article 9 / Section 44-17-865
SECTION 44-17-865. Department to notify law enforcement officials of patients absent without proper authorization.
Status: in_force

If any person involuntarily committed to a facility under the jurisdiction of the Office of Mental Health is absent without proper authorization, the office shall immediately notify by telephone the appropriate state and local law enforcement officials of such absence. Such notice shall also be confirmed in writing and mailed to such law enforcement officials within twenty-four hours after the absence is discovered. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-6-1125 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1125
SECTION 44-6-1125. Fees.
Status: in_force

The department shall charge the fee described in Section 44-6-1115 only if the following conditions are met: (1) The department has received such approval from the Centers for Medicare and Medicaid Services necessary to authorize the Medicaid payments to ambulance services in accordance with Section 44-6-1130. (2) The funds generated from the fee are separate and distinct from the general fund of the State and all other funds and the balance in the fund carries over from one fiscal year to the next, as required pursuant to Section 44-6-1120.
S.C. Code Ann. § 44-117-370 — SC Code / Title 44 / Chapter 117 / Article 3 / Section 44-117-370
SECTION 44-117-370. Pharmacist providing prescriber or health care provider with modem; hospital exception.
Status: in_force

A pharmacist or pharmacy must not provide a computer modem or other similar electronic device to a prescriber, health care facility, or any other third party or provider entity for the purpose of providing an incentive to the practitioner, health care facility, or third party or provider entity that refers patients to a particular pharmacy or department. This does not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the system.
S.C. Code Ann. § 44-54-120 — SC Code / Title 44 / Chapter 54 / Section 44-54-120
SECTION 44-54-120. Seizure of property; injunctions.
Status: in_force

A person authorized to file an action under this chapter may seek a seizure or injunction or other remedial action pursuant to the provisions of the South Carolina Rules of Civil Procedure, Rules 64 and 65, respectively, against all assets of a defendant sufficient to satisfy a potential award, except an asset named in or seized pursuant to a forfeiture action by the State or federal agency before a plaintiff commences an action pursuant to this chapter, unless the asset is released by the agency that seized it. SECTION 44-54-130. Prescription of cause of action (A) Except as otherwise provided in this subsection, a cause of action prescribes in one year after a defendant furnishes the illegal controlled substance or a cause of action accrues under this chapter when a person who may recover has reason to know of the harm from the use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm. (B) Prescription against a defendant is suspended until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law.
S.C. Code Ann. § 44-26-90 — SC Code / Title 44 / Chapter 26 / Section 44-26-90
SECTION 44-26-90. Rights of client not to be denied.
Status: in_force

Unless a client has been adjudicated incompetent, he must not be denied the right to: (1) dispose of property, real and personal; (2) execute instruments; (3) make purchases; (4) enter into contractual relationships; (5) hold a driver's license; (6) marry or divorce; (7) be a qualified elector if otherwise qualified. The county board of voter registration in counties with office facilities reasonably shall assist clients who express a desire to vote to: (a) obtain voter registration forms, applications for absentee ballots, and absentee ballots; (b) comply with other requirements which are prerequisite for voting; (c) vote by absentee ballot if necessary; (8) exercise rights of citizenship in the same manner as a person without intellectual disability or a related disability. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-125-40 — SC Code / Title 44 / Chapter 125 / Section 44-125-40
SECTION 44-125-40. Staffing; training of staff; improvement of community-based services; maximization of state resources.
Status: in_force

Additionally, the department, in carrying out its responsibilities under this chapter, and if funds are available and received from the Osteoporosis Education Fund, may: (1) employ qualified staff to implement the Osteoporosis Prevention and Treatment Education Program established by Section 44-125-30; (2) provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program; (3) work to improve the capacity of community-based services available to osteoporosis patients; (4) work with other state and local governmental offices, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of education, prevention, and treatment of osteoporosis; (5) identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis.
S.C. Code Ann. § 44-35-10 — SC Code / Title 44 / Chapter 35 / Section 44-35-10
SECTION 44-35-10. Formulation of plan for cancer prevention, detection, and surveillance programs.
Status: in_force

The Department of Health and Environmental Control, in conjunction with hospitals and entities throughout the State, shall formulate a plan for cancer prevention, detection, and surveillance programs and for care of persons suffering from cancer to meet standards of care set forth by nationally recognized and approved accrediting bodies.
S.C. Code Ann. § 44-34-40 — SC Code / Title 44 / Chapter 34 / Section 44-34-40
SECTION 44-34-40. Inspection costs; use of fees and monetary penalties.
Status: in_force

(A) The department may charge an additional amount if necessary to cover the cost of inspection. (B) Fees and monetary penalties established by this chapter must be used exclusively in support of activities pursuant to this chapter.
S.C. Code Ann. § 44-80-60 — SC Code / Title 44 / Chapter 80 / Section 44-80-60
SECTION 44-80-60. Immunity from civil and criminal liability.
Status: in_force

(A) Any individual acting in good faith as a legal representative who executes a POST form on behalf of an incapacitated patient in accordance with this chapter, the Adult Health Care Consent Act, and regulations promulgated pursuant to those statutes is not subject to criminal prosecution or civil liability for executing the POST form. (B) A health care provider, health care facility, or other person who has not received actual notice of the revocation of a POST form and complies with the wishes stated in the POST form is not subject to civil or criminal liability or professional disciplinary action for actions taken pursuant to this chapter which are in accordance with reasonable medical standards. This subsection provides an affirmative defense to any civil, criminal, or professional disciplinary action filed or instituted against a health care provider, health care facility, or other person for conduct authorized by this chapter.
S.C. Code Ann. § 44-61-780 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-780
SECTION 44-61-780. Adverse actions.
Status: in_force

(A) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state. (B)(1) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored. (2) All home state adverse-action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority. (3) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority. (C) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission. (D) A remote state may take adverse action on an individual's privilege to practice within that state. (E) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action. (F) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action. (G) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
S.C. Code Ann. § 44-24-180 — SC Code / Title 44 / Chapter 24 / Section 44-24-180
SECTION 44-24-180. Court review of case of child involuntarily admitted.
Status: in_force

(A) A child in need of treatment admitted involuntarily to a mental health service which removes him from home, must have his case reviewed by the court within twenty days of admission and every six months. If the review determines the child is no longer in need of mental health services or alternative services, he must be discharged immediately. (B) A child in need of treatment admitted involuntarily to a mental health service where he remains at home, must have the case reviewed sixty days after admission and every six months. If the review determines the child is no longer in need of mental health services or in need of alternative services, the child must be discharged immediately, or, if necessary, the court shall request the mental health center in which the child is being treated to refer the child to the proper alternative services for the child. (C) The treatment team may petition the court for review after the initial review.
S.C. Code Ann. § 44-53-1940 — SC Code / Title 44 / Chapter 53 / Article 19 / Section 44-53-1940
SECTION 44-53-1940. Decision to seek medical assistance a mitigating factor.
Status: in_force

The court may consider a person's decision to seek medical assistance pursuant to Section 44-53-1920(A) or 44-53-1930 as a mitigating factor in a criminal prosecution or sentencing for a drug or alcohol-related offense that is not an offense listed in Section 44-53-1920(B).
S.C. Code Ann. § 44-53-460 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-460
SECTION 44-53-460. Reduced sentence for accommodation offenses.
Status: in_force

Any person who enters a plea of guilty to or is found guilty of a violation of Section 44-53-370(a) or (c) may move for and the court shall grant a further hearing at which evidence may be presented by the person, and by the prosecution if it so desires, relating to the nature of the act on the basis of which the person has been convicted. If the convicted person establishes by clear and convincing evidence that he delivered or possessed with intent to deliver a controlled substance, except a controlled substance classified in Schedule I (B) and (C) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug, only as an accommodation to another individual and not with intent to profit thereby nor to induce the recipient or intended recipient of the controlled or counterfeit substance to use or become addicted to or dependent upon the substance, the court shall sentence the person as if he had been convicted of a violation of Section 44-53-370(c). Code Commissioner's Note At the direction of the Code Commissioner, references to "Schedule I (b) and (c)" were changed to "Schedule I (B) and (C)" to reflect the amendment of Section 44-53-190 by 2012 Act No. 140, SECTION 2.
S.C. Code Ann. § 44-7-1140 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1140
SECTION 44-7-1140. Cumulative effect of article.
Status: repealed

The powers conferred in this article are cumulative and in addition to all existing laws authorizing the building, operation and maintenance of hospitals, and none of them are hereby amended or repealed, it being the intent hereof to provide additional authority and powers and alternative methods and procedure for the establishment, operation and maintenance of hospitals as herein directed.
S.C. Code Ann. § 44-43-1340 — SC Code / Title 44 / Chapter 43 / Article 13 / Section 44-43-1340
SECTION 44-43-1340. Authority of trust fund board; particular powers.
Status: in_force

In administering this article, the board is authorized, but not limited to: (1) develop and implement educational programs and campaigns to increase organ and tissue donation in South Carolina; (2) make policy recommendations for the promotion of organ and tissue donation in South Carolina; (3) assess the needs of transplant recipients and establish priorities and develop goals and objectives to assist transplant recipients who are residents of South Carolina; (4) determine how the monies in the fund are to be disbursed; (5) acquire and hold property; (6) invest trust monies, including pooled investment funds maintained by the State; (7) utilize local resources including volunteers when appropriate.
S.C. Code Ann. § 44-7-2154 — SC Code / Title 44 / Chapter 7 / Article 16 / Section 44-7-2154
SECTION 44-7-2154. Amendment of certificate of incorporation.
Status: in_force

The certificate of incorporation of any district incorporated under the provisions of this article, as well as that of any public hospital or corporation reincorporated under the provisions of this article, may be amended only upon the board of the district adopting a resolution proposing an amendment which amendment is subject to approval of the governing body of each authorizing subdivision or may be amended upon the initiative of the governing body of each authorizing subdivision. All these duly approved amendments must be filed with the Secretary of State in the same manner as with the original certificate of incorporation.
S.C. Code Ann. § 44-43-720 — SC Code / Title 44 / Chapter 43 / Article 9 / Section 44-43-720
SECTION 44-43-720. Consent required for certain autopsies and postmortem examinations; use of body parts restricted; form of consent.
Status: in_force

(A) Except for an autopsy or postmortem examination ordered by a coroner or medical examiner, no autopsy or postmortem examination may be performed unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication. (B) In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.
S.C. Code Ann. § 44-99-40 — SC Code / Title 44 / Chapter 99 / Section 44-99-40
SECTION 44-99-40. Use of epinephrine auto-injectors.
Status: in_force

Notwithstanding any other provision of law, an employee, agent, or other individual associated with an authorized entity, who has completed the training required by Section 44-99-50, may use epinephrine auto-injectors prescribed pursuant to Section 44-99-20 to: (1) provide an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of that individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and (2) administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
S.C. Code Ann. § 44-53-391 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-391
SECTION 44-53-391. Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.
Status: in_force

(a) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with the intent to deliver, or sell paraphernalia. (b) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object to controlled substances; (3) The existence of any residue of controlled substances on the object; (4) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (5) Instructions, oral or written, provided with the object concerning its use; (6) Descriptive materials accompanying the object which explain or depict its use; (7) National and local advertising concerning it use; (8) The manner in which the object is displayed for sale; (9) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (10) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (11) The existence and scope of legitimate uses for the object in the community; (12) Expert testimony concerning its use. (c) Any person found guilty of violating the provisions of this section shall be subject to a civil fine of not more than five hundred dollars except that a corporation shall be subject to a civil fine of not more than fifty thousand dollars. Imposition of such fine shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.
S.C. Code Ann. § 44-30-80 — SC Code / Title 44 / Chapter 30 / Article 1 / Section 44-30-80
SECTION 44-30-80. Educational institutions providing training in preparation for licensure to certify they provide appropriate curricula.
Status: in_force

An educational institution providing basic training programs for health care professionals in preparation for licensure in the State shall certify annually to the department that it provides curricula for infection control, universal precautions, and sterilization and disinfection techniques appropriate for health care professionals participating in its education programs.
S.C. Code Ann. § 44-55-670 — SC Code / Title 44 / Chapter 55 / Article 7 / Section 44-55-670
SECTION 44-55-670. Distribution pipe.
Status: in_force

All septic tanks shall have a minimum of one hundred feet of distribution pipe laid and installed in the manner required by the specifications, rules and regulations promulgated by the county board of health.
S.C. Code Ann. § 44-53-1380 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1380
SECTION 44-53-1380. Notification of incidents of lead poisoning.
Status: in_force

(A) If a physician, hospital, public health nurse, or other diagnosing person or agency knows or has reason to believe that a child he or she examines or treats has or is suspected of having lead poisoning, the person shall notify the department within seven days. The department shall specify the procedure to be followed and shall provide the necessary forms. (B) A laboratory doing business in this State shall notify the department of the results of any blood lead analyses conducted on children under six years of age; this notification must be submitted to the department within thirty days of completion of the analysis.
S.C. Code Ann. § 44-7-1030 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1030
SECTION 44-7-1030. Employment of architect; construction contract.
Status: in_force

The board of trustees may also employ an architect to execute necessary plans for a hospital building or buildings and to supervise the construction thereof, if deemed necessary, and may contract for the construction of such building or buildings after receiving bids therefor according to the prevailing custom of receiving bids and letting contracts to the lowest responsible bidder, but may reject any and all bids until a satisfactory bid has been submitted.
S.C. Code Ann. § 44-128-50 — SC Code / Title 44 / Chapter 128 / Section 44-128-50
SECTION 44-128-50. South Carolina Youth Smoking Prevention Advisory Commission.
Status: in_force

(A) There is established the South Carolina Youth Smoking Prevention Advisory Commission to advise the department in the development, implementation, and evaluation of the State Youth Smoking Plan. (B) Notwithstanding the provisions of Section 8-13-770, the membership of the advisory commission is as follows: (1) two members appointed by the Speaker of the House of Representatives from the membership of the House of Representatives; (2) two members appointed by the President of the Senate from the membership of the Senate; and (3) eleven members appointed by the Governor as follows: (a) one representative of the Department of Health and Environmental Control; (b) one representative of the Office of Substance Use Services; (c) three health professionals; (d) two youths between the ages of twelve and eighteen; and (e) five citizens of the State with knowledge, competence, experience, or interest in youth smoking prevention, or other relevant background including, but not limited to, youth education, public health, social science, and business expertise. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2019 Act No. 1, SECTION 56, in (B)(2), substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 44-7-3455 — SC Code / Title 44 / Chapter 7 / Article 27 / Section 44-7-3455
SECTION 44-7-3455. Mental and specialized alcohol or drug abuse treatment hospitals exemption.
Status: in_force

The provisions of this article do not apply to hospitals owned by the Department of Behavioral Health and Developmental Disabilities or operated by the Office of Mental Health or by specialized hospitals licensed exclusively for treatment of alcohol or drug abuse and which are under contract with the Office of Substance Use Services, a component office of the Department of Behavioral Health and Developmental Disabilities. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-89-70 — SC Code / Title 44 / Chapter 89 / Section 44-89-70
SECTION 44-89-70. Disclosure of inspection information and reports prohibited; exceptions.
Status: in_force

Information received by the department through inspection or as otherwise authorized must not be disclosed publicly in a manner as to identify individuals, facilities, or programs except in a proceeding involving the question of licensing or the revocation of a license or unless ordered to do so by a court of competent jurisdiction.
S.C. Code Ann. § 44-128-10 — SC Code / Title 44 / Chapter 128 / Section 44-128-10
SECTION 44-128-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Youth Smoking Prevention Act".
S.C. Code Ann. § 44-52-30 — SC Code / Title 44 / Chapter 52 / Section 44-52-30
SECTION 44-52-30. Discharge of voluntary patient.
Status: in_force

The head of the treatment facility may discharge a patient who has sufficiently improved so that the head of the treatment facility determines that hospitalization of the patient is no longer necessary. The head of the treatment facility may also discharge any patient if to do so would, in his judgment, contribute to the most effective use of the facility in the care and treatment of chemically dependent persons.
S.C. Code Ann. § 44-29-30 — SC Code / Title 44 / Chapter 29 / Section 44-29-30
SECTION 44-29-30. Burying or burning of dead animals and poultry.
Status: in_force

Whenever any animal or poultry shall die from any natural or other cause, except from being slaughtered or killed for the use of man, or the dead body thereof be found upon the premises of any person, be he the owner or tenant thereof, the owner of such dead animal or poultry, or the owner or tenant of the lands or premises upon which such dead bodies may be found, shall immediately burn or bury or cause to be burned or buried such dead animal or poultry. When buried, an animal shall be put not less than three feet and poultry not less than one foot under the ground. Any owner of any such dead animal or poultry, knowing that such dead animal or poultry is lying dead upon his premises, or any tenant on premises having such knowledge or having notice thereof, who refuses or fails to bury or burn such dead animal or poultry as aforesaid shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than five dollars or more than one hundred dollars, or be imprisoned for a period of not more than thirty days.
S.C. Code Ann. § 44-43-385 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-385
SECTION 44-43-385. Immunity.
Status: in_force

(A) A person that acts in good faith in accord with the terms of this article, or under the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. However, immunity from civil liability does not extend to cases of provable malpractice on the part of a physician, surgeon, or technician. (B) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. (C) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in Section 44-43-340 (A)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
S.C. Code Ann. § 44-66-40 — SC Code / Title 44 / Chapter 66 / Section 44-66-40
SECTION 44-66-40. Provision of health care without consent where there is serious threat to health of patient or to relieve suffering; person having highest priority to make health care decision.
Status: in_force

(A) Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate an authorized person, or by continuing to attempt to locate an authorized person, presents a substantial risk of death, serious permanent disfigurement, or loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient. Health care for the relief of suffering may be provided without consent at any time that an authorized person is unavailable. (B) Health care decisions on behalf of a patient who is unable to consent may be made by a person named in Section 44-66-30 if no person having higher priority under that section is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate a person having higher priority presents a substantial risk of death, serious permanent disfigurement, loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient.
S.C. Code Ann. § 44-26-10 — SC Code / Title 44 / Chapter 26 / Section 44-26-10
SECTION 44-26-10. Definitions.
Status: in_force

As used in this chapter: (1) "Aversive stimuli" means a clinical procedure which staff apply, contingent upon the exhibition of maladapted behavior, startling, unpleasant, or painful stimuli or stimuli that have a potentially noxious effect. (2) "Client" means a person who is determined by the Office of Intellectual and Developmental Disabilities to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. (3) "Client's representative" means the client's parent, guardian, legal counsel, or other person who acts on behalf or in the best interest of a person with intellectual disability or a related disability. (4) "Office director" means Office Director of the Office of Intellectual and Developmental Disabilities. (5) "Court" means a probate court of appropriate jurisdiction unless specified otherwise. (6) "Office" means the Office of Intellectual and Developmental Disabilities, a component office of the Department of Behavioral Health and Developmental Disabilities. (7) "Facility" means a residential setting operated, assisted, or contracted out by the Office of Intellectual and Developmental Disabilities that provides twenty-four hour care and supervision. (8) "Habilitation" means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills. (9) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. (10) "Intellectual disability professional" means a person responsible for supervising a client's plan of care, integrating various aspects of the program, recording progress, and initiating periodic review of each individual plan of habilitation. (11) "Interdisciplinary team" means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan. (12) "Major medical treatment" means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include routine diagnosis or treatment such as the administration of medications or nutrition or the extractions of bodily fluids for analysis or dental care performed with a local anesthetic or a nonpermanent procedure designed for the prevention of pregnancy. (13) "Plan of habilitation" means a written plan setting forth measurable goals or behaviorally stated objectives in prescribing an integrated program of individually designed activities or therapies necessary to achieve the goals and objectives. (14) "Planned exclusionary time-out" means the technique of behavior modification in which a client is removed from the immediate environment to a physically safe, lighted, and normal temperature room for a specific period of time not to exceed one hour under the direct continued observation of staff. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-55-2360 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2360
SECTION 44-55-2360. Noncompliance unlawful.
Status: in_force

It is unlawful for a person to fail to comply with the requirements of this article and regulations promulgated by the department including a permit or order issued by the board, director or department.
S.C. Code Ann. § 44-29-130 — SC Code / Title 44 / Chapter 29 / Section 44-29-130
SECTION 44-29-130. Adoption of regulations pertaining to sexually transmitted disease.
Status: in_force

The Department of Health and Environmental Control shall promulgate regulations necessary to carry out the purposes of Sections 44-29-60 to 44-29-140, other than Section 44-29-120, including regulations providing for labor on the part of isolated persons considered necessary to provide in whole or in part for their subsistence and to safeguard their general health and regulations concerning sexually transmitted diseases as it considers advisable. All regulations so made are binding upon all county and municipal health officers and other persons affected by Sections 44-29-60 to 44-29-140.
S.C. Code Ann. § 44-137-20 — SC Code / Title 44 / Chapter 137 / Section 44-137-20
SECTION 44-137-20. Availability to eligible patients of investigational drug, biological product, or device; compensation; costs.
Status: in_force

(A) A manufacturer of an investigational drug, biological product, or device may make available to an eligible patient, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device. Nothing in this article shall be construed to require a manufacturer of an investigational drug, biological product, or device to make such investigational drug, biological product, or device available to an eligible patient. (B) A manufacturer of an investigational drug, biological product, or device may provide the investigational drug, biological product, or device to an eligible patient without receiving compensation or may require the eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.
S.C. Code Ann. § 44-53-810 — SC Code / Title 44 / Chapter 53 / Article 6 / Section 44-53-810
SECTION 44-53-810. Legislative findings.
Status: in_force

The General Assembly finds: (1) that the future of this State rests in the hands of school children; (2) the Drug Abuse Resistance Education Program taught in this State and in many schools nationally provides an effective and proven awareness of instilling drug resistance skills in our school children, and promoting the hope of a secure and healthy future for these children.
S.C. Code Ann. § 44-39-10 — SC Code / Title 44 / Chapter 39 / Section 44-39-10
SECTION 44-39-10. Short title.
Status: in_force

This chapter may be cited as the "Diabetes Initiative of South Carolina Act".
S.C. Code Ann. § 44-7-1010 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1010
SECTION 44-7-1010. Payment of bonds; annual tax.
Status: in_force

The full faith, credit and taxing power of any city or town issuing bonds hereunder for the purposes outlined in this article are hereby irrevocably pledged for the prompt payment of such bonds, with accrued interest thereon, as and when they become due. And the city or town council of such municipality shall levy annually a sufficient tax on all the taxable property within the limits of such city or town sufficient to pay such bonds, with interest accruing thereon, as they respectively become due, and the city or town clerk and treasurer shall collect such tax and apply the proceeds thereof to the payment of the bonds.
S.C. Code Ann. § 44-128-40 — SC Code / Title 44 / Chapter 128 / Section 44-128-40
SECTION 44-128-40. Funding.
Status: in_force

Responsibilities of the department under this chapter including, but not limited to, funding grants authorized pursuant to Section 44-128-20(C) must be funded from proceeds received by the State in the settlement agreement and related documents, between the State and leading United States tobacco manufacturers dated November 23, 1998.
S.C. Code Ann. § 44-12-40 — SC Code / Title 44 / Chapter 12 / Section 44-12-40
SECTION 44-12-40. Director; powers and duties.
Status: in_force

In performing his duties as authorized by this chapter, the director: (1) shall develop and execute a cohesive and comprehensive plan for services provided by the component offices housed within the department; (2) shall develop the budget for the department, including the component offices, to reflect the priorities of its comprehensive service plan; (3) shall procure collaboration technology that enables coordination and accountability across the department and with local partners. At a minimum, the technology should have the capability for authorized users to: (a) securely access relevant information regarding the needs and care journey of individuals served; (b) communicate bidirectionally with referring organizations using a secure chat feature; and (c) send referrals on behalf of the individual, track and store the outcome of that referral, and track and store the outcome of services delivered within a single client record using an unique identifier; (4) shall, subject to applicable federal law, require data sharing to the fullest extent possible among the component offices and necessary state agencies; (5) shall consolidate administrative services among the component offices that include, but are not limited to: (a) financial and accounting support, such as accounts payable and receivable processing, procurement processing, journal entry processing, and financial reporting assistance; (b) human resources administrative support, such as transaction processing and reporting, payroll processing, and human resources training; (c) budget support, such as budget transaction processing and budget reporting assistance; and (d) information technology; (6) shall, with regard to information technology, ensure that the department and the component offices comply with all plans, policies, and directives of the Department of Administration; (7) may employ such persons as he determines are necessary to carry out the department's duties, functions, and powers; (8) may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals that the director determines would be beneficial to carrying out the department's duties, functions, and powers; and (9) shall, pursuant to Sections 1-1-810 and 1-1-820 of the S.C. Code, provide to the Governor and General Assembly, an annual accountability report containing the agency's or department's mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met. Through the Calendar Year 2028, and to the extent permitted by applicable state and federal laws, the department's annual accountability report shall include a review of efforts to maximize efficiency and identify any duplicative services to develop a plan to consolidate or coordinate identified duplicative programs, and to eliminate redundancy, while ensuring that the quality, accessibility, and specialization of services are preserved or enhanced.
S.C. Code Ann. § 44-6-640 — SC Code / Title 44 / Chapter 6 / Article 5 / Section 44-6-640
SECTION 44-6-640. Administration of program; assistance of other agencies or organizations; enrollment fee.
Status: in_force

(A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program. (B) The department may establish an enrollment fee that must be used to fund the administration of this program. (C) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
S.C. Code Ann. § 44-7-1710 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1710
SECTION 44-7-1710. Application of provisions of article to bonds whose proceeds are to be loaned to more than one hospital agency or public agency; authority of county board of authorizing issuer.
Status: in_force

All of the provisions of this article, except item (b) of Section 44-7-1590, are applicable to the bonds authorized by Section 44-7-1640. The county board of the authorizing issuer may, on behalf of any project county which may subsequently be a party to an intergovernmental loan agreement, undertake all actions required by the county board under this article with respect to the issuance of the bonds and adoption of the petition to the Authority required by Section 44-7-1590.
S.C. Code Ann. § 44-61-790 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-790
SECTION 44-61-790. Additional powers invested in a member state's EMS authority.
Status: in_force

A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to: (1) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and (2) issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.
S.C. Code Ann. § 44-22-110 — SC Code / Title 44 / Chapter 22 / Section 44-22-110
SECTION 44-22-110. Access to medical records; appeal of denial of access.
Status: in_force

(A) A patient or the guardian of a patient has access to his medical records, and a person subject to a proceeding or receiving services pursuant to this chapter has complete access to his medical records relevant to this commitment if the access is allowed in the presence of professional mental health staff. (B) Patients or guardians of patients may be refused access to: (1) information in medical records provided by a third party under assurance that the information remains confidential; (2) information in medical records if the attending physician determines in writing that the information is detrimental to the patient's treatment regimen. The determination must be placed in the patient's records and must be considered part of the restricted information. (C) Patients and guardians denied access to medical records may appeal the refusal to the Office Director of the Office of Mental Health. The director of the residential program shall notify the patient or guardian of the right to appeal. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-96-240 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-240
SECTION 44-96-240. Findings; purposes.
Status: in_force

(A) The General Assembly finds that: (1) South Carolina is generating increasingly large volumes of solid waste which may pose a threat to human health and safety and to the environment if not properly managed or if managed in facilities inadequately designed and operated to ensure protection of human health and safety and the environment. (2) Many communities are managing solid waste in existing facilities not designed and operated with technology and engineering controls that are adequately protective of the environment. (3) A number of new solid waste management facilities will have to be established in coming years to replace older facilities as they reach capacity or as they are required to close because they cannot meet new state or federal regulatory requirements. (4) It is the policy of the State of South Carolina to protect human health and safety and the environment from the effects of improper or inadequate solid waste management. (5) Legislation is needed to establish an adequate regulatory framework for the siting, design, construction, operation, and closure of solid waste management facilities in order to provide protection for human health and safety and for the environment. (6) A regional approach to the establishment of solid waste management facilities should be strongly encouraged in order to provide solid waste management services in the most efficient and cost-effective manner and to minimize any threat to human health and safety or to the environment. (B) It is the purpose of this article to: (1) regulate solid waste management facilities other than hazardous waste management facilities subject to the South Carolina Hazardous Waste Management Act, infectious waste management facilities subject to the South Carolina Infectious Waste Management Act, and radioactive waste facilities subject to the South Carolina Atomic Energy and Radiation Control Act and other federal and state laws; and (2) ensure that all solid waste management facilities in this State are sited, designed, constructed, operated, and closed in a manner that protects human health and safety and the environment.
S.C. Code Ann. § 44-28-370 — SC Code / Title 44 / Chapter 28 / Article 3 / Section 44-28-370
SECTION 44-28-370. Departments and Agency to promulgate regulations for implementation and administration of fund.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities and the State Department of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-4-340 — SC Code / Title 44 / Chapter 4 / Article 3 / Section 44-4-340
SECTION 44-4-340. Destruction of property; civil proceedings.
Status: in_force

To the extent practicable and consistent with the protection of public health, prior to the destruction of any property under this article, DHEC in coordination with the applicable law enforcement agency must institute appropriate civil proceedings against the property to be destroyed in accordance with the existing laws and rules of the courts of this State or any such rules that may be developed by the courts for use during a state of public health emergency. Any property acquired by DHEC through such proceedings must, after entry of the decree, be disposed of by destruction as the court may direct.
S.C. Code Ann. § 44-96-460 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-460
SECTION 44-96-460. Training of operators of solid waste management facilities.
Status: in_force

(A) The department shall establish qualifications for and encourage the development of certification programs for operators of landfills, coordinators of local recycling programs, and operators of other solid waste management facilities. (B) The department shall work with accredited community colleges, vocational technical centers, state universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be certified as operators of solid waste management facilities. (C) Two years after this article is effective, no person may perform the duties of an operator of a solid waste management facility unless he has completed an operator certification course approved by the department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless such person has completed an approved solid waste management facility operator certification course. (D) The department shall adopt regulations to carry out the provisions of this section. The department may establish by rule classifications for operators to cover the need for differing levels of certification required to operate various types of solid waste management facilities due to different operating requirements at such facilities. (E) For purposes of this section, the term "operator" means any person, including the owner, who is principally engaged in, or is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or period during any part of the day.
S.C. Code Ann. § 44-107-90 — SC Code / Title 44 / Chapter 107 / Section 44-107-90
SECTION 44-107-90. Failure to comply with this chapter not grounds for protest.
Status: in_force

Failure to comply with any provision of this chapter shall not be grounds for any protest under Section 11-35-4210.
S.C. Code Ann. § 44-3-110 — SC Code / Title 44 / Chapter 3 / Article 3 / Section 44-3-110
SECTION 44-3-110. Creation of Catawba Health District; appointment of district medical director.
Status: in_force

There is hereby created the Catawba Health District consisting of Chester, Lancaster and York Counties. The Catawba Health District shall be a subdivision of the Department of Health and Environmental Control and shall be under the direction and control of the Department of Health and Environmental Control. The Director of the Department of Health and Environmental Control shall appoint, after consultation with the District Advisory Council, a district medical director whose duty it shall be to protect the public health in the district.
S.C. Code Ann. § 44-29-146 — SC Code / Title 44 / Chapter 29 / Section 44-29-146
SECTION 44-29-146. Physicians and state agencies exempt from liability for disclosure of persons carrying Human Immunodeficiency Virus; "contact" defined.
Status: in_force

A physician or state agency identifying and notifying a spouse or known contact of a person having Human Immunodeficiency Virus (HIV) infection or Acquired Immunodeficiency Syndrome (AIDS) is not liable for damages resulting from the disclosure. "Contact" means the exchange of body products or body fluids by sexual acts or percutaneous transmission.
S.C. Code Ann. § 44-32-110 — SC Code / Title 44 / Chapter 32 / Section 44-32-110
SECTION 44-32-110. Physician or surgeon activities exempted.
Status: in_force

This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.
S.C. Code Ann. § 44-89-30 — SC Code / Title 44 / Chapter 89 / Section 44-89-30
SECTION 44-89-30. Definitions.
Status: in_force

As used in this chapter: (1) "Birthing center" means a facility or other place where human births are planned to occur. This does not include the usual residence of the mother or any facility which is licensed as a hospital. (2) "Board" means the South Carolina Board of Health and Environmental Control. (3) "Certified Nurse-Midwife (CNM)" means a person educated in the discipline of nursing and midwifery, certified by examination by the American College of Nurse-Midwives, and licensed by the State Board of Nursing as a Registered Nurse. (4) "Department" means the South Carolina Department of Health and Environmental Control. (5) "Lay midwife" means an individual so licensed by the department. (6) "Low risk" means normal, uncomplicated prenatal course as determined by adequate prenatal care and prospects for a normal, uncomplicated birth as defined by reasonable and generally accepted criteria of maternal and fetal health. (7) "Midwifery" means the application of scientific principles in the care of "with woman" care during uncomplicated pregnancy, birth, and puerperium including care of the newborn, support of the family unit, and gynecologic health care. (8) "Person" means a natural individual, private or public organization, political subdivision, or other governmental agency. (9) "Physician" means a doctor of medicine or osteopathy with training in obstetrics or midwifery and licensed by the South Carolina State Board of Medical Examiners to practice medicine.
S.C. Code Ann. § 44-115-120 — SC Code / Title 44 / Chapter 115 / Section 44-115-120
SECTION 44-115-120. Length of time records must be kept; records pertaining to minors.
Status: in_force

Physicians shall retain their records for at least ten years for adult patients and at least thirteen years for minors. These minimum recordkeeping periods begin to run from the last date of treatment. After these minimum recordkeeping periods, the records may be destroyed.
S.C. Code Ann. § 44-37-20 — SC Code / Title 44 / Chapter 37 / Section 44-37-20
SECTION 44-37-20. Instillation of prophylactic to prevent blindness within one hour after birth.
Status: in_force

Every doctor, midwife, nurse or other person attending the delivery at birth of a child in this State shall instill, or have instilled, into the eyes of the baby, within one hour after birth, some effective prophylactic approved by the Department of Health and Environmental Control, for prevention of blindness from ophthalmia neonatorum. A record of such administration or instillation shall be reported on the birth certificate, showing the time with respect to the birth and the kind of prophylactic administered.
S.C. Code Ann. § 44-29-180 — SC Code / Title 44 / Chapter 29 / Section 44-29-180
SECTION 44-29-180. School pupils and day care center children to be vaccinated or immunized; department to monitor immunization records of children in day care; exemptions and exclusions.
Status: in_force

(A) No superintendent of an institution of learning, no school board or principal of a school, and no owner or operator of a public or private childcare facility as defined in Section 63-13-20 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Health and Environmental Control. Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted. (B) The Department of Health and Environmental Control shall monitor the immunization status of each child who is enrolled or retained in a licensed child day care facility or a registered church or religious child day care facility. The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Health and Environmental Control for all infants and children. (C) South Carolina Department of Health and Environmental Control Regulation 61-8, as amended, "Vaccination, Screening and Immunization Regarding Contagious Diseases", and its exemptions apply to this section. (D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received. A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment. At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, or a valid South Carolina Certificate of Religious Exemption. (E) Registered family day care homes are exempt from requirements of this section.
S.C. Code Ann. § 44-2-80 — SC Code / Title 44 / Chapter 2 / Section 44-2-80
SECTION 44-2-80. Release of regulated substance; containment, removal, and abatement.
Status: in_force

(A) Any person who releases a regulated substance from an underground storage tank immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct site rehabilitation. (B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of a petroleum or petroleum product underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership exemption includes persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing. (C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met: (1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator. (2) The person allows for reasonable access by the underground storage tank owner or operator or the department to perform site rehabilitation activities.
S.C. Code Ann. § 44-7-3190 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3190
SECTION 44-7-3190. Written consent requirement for discontinuation or transfer of inpatient clinical service.
Status: in_force

Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees.
S.C. Code Ann. § 44-17-890 — SC Code / Title 44 / Chapter 17 / Article 9 / Section 44-17-890
SECTION 44-17-890. Discharge or leave of absence during judicial proceeding.
Status: in_force

Notwithstanding any other provisions of this chapter, no person with respect to whom proceedings for judicial confinement have been commenced shall be granted leave of absence, or discharged during the pendency of such proceedings unless ordered by the court upon the application of the patient or his legal guardian, parent, spouse or next of kin or upon the report of the superintendent of the facility that the person may be discharged with safety.
S.C. Code Ann. § 44-20-330 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-330
SECTION 44-20-330. Granting of easements, permits, or rights-of-way by department.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department for the construction of water, sewer, drainage, natural gas, telephone, telegraph, and electric power lines. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-66-70 — SC Code / Title 44 / Chapter 66 / Section 44-66-70
SECTION 44-66-70. Person who makes health care decision for another not subject to civil or criminal liability, nor liable for costs of care; health care provider not subject to civil or criminal liability.
Status: in_force

(A) A person who in good faith makes a health care decision as provided in Section 44-66-30 is not subject to civil or criminal liability on account of the substance of the decision. (B) A person who consents to health care as provided in Section 44-66-30 does not by virtue of that consent become liable for the costs of care provided to the patient. (C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision. (D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner.
S.C. Code Ann. § 44-24-160 — SC Code / Title 44 / Chapter 24 / Section 44-24-160
SECTION 44-24-160. Examination and review of child admitted to inpatient program; program of care and treatment.
Status: in_force

A child admitted to an inpatient treatment program must be examined by a member of the professional staff of the program promptly after his admission and must be reviewed by the treatment team within seven days after admission. Promptly after the treatment team review, a formal program of care and treatment designed to meet the needs of the child must be instigated. Results of all examinations and an outline of the child's treatment program must be entered in his clinical record. Unless the child or his legal guardian consents in writing, no treatment may be given which is not recognized as standard mental health treatment.
S.C. Code Ann. § 44-8-40 — SC Code / Title 44 / Chapter 8 / Section 44-8-40
SECTION 44-8-40. Dental screening in school setting; notification to parents and community oral health coordinator of necessity of further professional attention; duties of coordinator.
Status: in_force

When a dental screening is performed by an authorized practitioner in a school setting in one of the targeted counties of need, the practitioner shall issue an Acknowledgment of Dental Screening for the child. The school nurse or other school employee designated by the school district superintendent shall notify and advise the child's parent or guardian to seek further professional attention for the child if indicated by the screening. Upon receipt of written permission from the parent or guardian, the school also shall notify the community oral health coordinator who will serve as a facilitator if further attention is needed upon completion of the screening. The community oral health coordinator also shall maintain all records and data determined necessary by the department.
S.C. Code Ann. § 44-115-30 — SC Code / Title 44 / Chapter 115 / Section 44-115-30
SECTION 44-115-30. Patient's right to receive copy of medical record or have it transferred to another physician; written authorization required.
Status: in_force

A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his legal representative to release the record. The patient or his legal representative is entitled to receive a copy of the record either in a printed format or an electronic format but only if the record is stored in an electronic format at the time of the request and the physician or other owner of the record has the ability to produce the medical record in an electronic format without incurring additional cost.
S.C. Code Ann. § 44-56-330 — SC Code / Title 44 / Chapter 56 / Article 3 / Section 44-56-330
SECTION 44-56-330. Applicability.
Status: in_force

The immunities provided in Section 44-56-320 apply only to any person: (A) Whose act or omission did not cause the actual or threatened discharge and who would not otherwise be liable therefor, or (B) Who renders such assistance or advice voluntarily and without compensation, or who is an employee of an industry, corporation, or group which renders such advice or assistance without compensation.
S.C. Code Ann. § 44-7-2070 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2070
SECTION 44-7-2070. Authority for board of directors to borrow money and issue bonds.
Status: in_force

The board may borrow money and make and issue negotiable bonds, notes and other evidences of indebtedness payable solely from the revenue derived from the operation or lease of any revenue-producing facility in its charge. The sums borrowed shall be used to pay costs incident to the purposes of this article. Neither the faith nor credit of the district shall be pledged to the payment of the principal and interest of the obligations, and there shall be on the face of such obligation a statement, plainly worded, to that effect. Neither the members of the board nor any person signing the obligation shall be personally liable thereon. The board may: (1) Provide that such bonds, notes or other evidence of indebtedness be payable, both as to principal and interest, from the net revenues derived from the district of any revenue-producing facility, as such net revenues may be defined by the board; (2) Covenant and agree that, upon its being adjudged in default as to the payment of any installment of principal and interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, in such event the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured. (3) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowing and also all revenues derived from the operation of the revenue-producing facility whose revenues are pledged for the payment of such obligations, in accordance with and in the order of priority prescribed by resolutions adopted by the board as an incident to the issuance of any notes, bonds or other evidences of indebtedness; (4) Dispose of its obligations at public or private sale and upon such terms and conditions as it shall approve; (5) Covenant and agree that any cushion fund established to further secure the payment of principal and interest of any obligation shall be a fixed amount; (6) Covenant and agree that it will not enter into any agreements with any person or with the State, the United States or any of their political subdivisions for the furnishing of free services where such services are ordinarily charged for; (7) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; and (8) Prescribe the evidences of default and conditions upon which all or any obligation shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
S.C. Code Ann. § 44-4-520 — SC Code / Title 44 / Chapter 4 / Article 5 / Section 44-4-520
SECTION 44-4-520. Vaccinations and treatment.
Status: in_force

(A) During a state of public health emergency, DHEC may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency: (1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease; (2) to treat persons exposed to or infected with disease; and (3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, persons who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section. (B) Vaccinations or treatment, or both, must be provided only to those individuals who agree to the vaccinations or treatment, or both. (C)(1) Vaccination may be performed by any qualified person authorized by DHEC. (2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual. (D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC. (2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
S.C. Code Ann. § 44-74-20 — SC Code / Title 44 / Chapter 74 / Section 44-74-20
SECTION 44-74-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the board of the South Carolina Radiation Quality Standards Association. (2) "Certificate" means a certificate issued by the board or by an entity recognized by the board authorizing the certificate holder to use radioactive materials or equipment emitting ionizing radiation on humans for diagnostic or therapeutic purposes in accordance with the provisions of this chapter. (3) "Licensed practitioner" means a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy in this State. (4) "Limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body. (5) "Limited chest radiographer" means a person who conducts diagnostic radiography exams of the chest only, not to include mammography. (6) "Nuclear medicine technologist" means a person, other than a licensed practitioner, who prepares and administers radiopharmaceutical agents to humans for diagnostic and therapeutic purposes. (7) "Podiatric limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body, working under the supervision of a licensed podiatrist. (8) "Radiation therapist" means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes. (9) "Radiographer" means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography. (10) "Radiologic technologist" means a person who is a limited practice radiographer, radiographer, podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association. (11) "Direct supervision" means a certified radiographer who: (a) reviews the procedure in relation to the student's achievement; (b) evaluates the condition of the patient in relation to the student's knowledge; (c) is present during the conduct of the procedure; (d) reviews and approves the procedure; and (e) is present during student performance of any repeat of any unsatisfactory radiograph.
S.C. Code Ann. § 44-25-60 — SC Code / Title 44 / Chapter 25 / Section 44-25-60
SECTION 44-25-60. Payment of obligations.
Status: in_force

The compact administrator, subject to the approval of the State Fiscal Accountability Authority, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.
S.C. Code Ann. § 44-52-5 — SC Code / Title 44 / Chapter 52 / Section 44-52-5
SECTION 44-52-5. Statement of policy.
Status: in_force

It is the policy of the State to assist individuals with chemical dependency problems in ways consistent with the dignity, rights, and responsibilities of all South Carolina citizens. Within available resources, it is the duty of the State, in coordination with its local counterparts, to treat, reduce, eliminate, and prevent the abuse of alcohol and drugs through a service delivery system structured to meet the needs of the clients in the most appropriate therapeutic setting, and to maximize their quality of life. The State shall develop a public service system designed to provide a continuum of services for clients at the state and local level while considering the availability of services in the private sector.
S.C. Code Ann. § 44-20-220 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-220
SECTION 44-20-220. Duties of Director; advisory committees.
Status: in_force

The Director of the Department of Behavioral Health and Developmental Disabilities shall determine the policy and promulgate regulations governing the operation of the office and the employment of professional staff and personnel. Subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities, the office director may appoint advisory committees it considers necessary to assist in the effective conduct of the office's responsibilities. The office director may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with an intellectual disability, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with an intellectual disability, related disabilities, head injuries, and spinal cord injuries. Effect of Amendment 2025 Act No. 3, SECTION 6, rewrote the section.
S.C. Code Ann. § 44-8-30 — SC Code / Title 44 / Chapter 8 / Section 44-8-30
SECTION 44-8-30. Acknowledgement of Dental Screening; time limits for presentation to school.
Status: in_force

In the target counties of need, no later than one hundred twenty calendar days following a child's start date to five year old kindergarten, third grade, seventh grade, tenth grade, or upon entry into a South Carolina school, the student shall present to the school an Acknowledgment of Dental Screening signed by an authorized practitioner.
S.C. Code Ann. § 44-7-160 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-160
SECTION 44-7-160. Certificate of Need requirements.
Status: repealed

(A) A person or nursing home as defined in this article is required to obtain a Certificate of Need from the department before undertaking any of the following: (1) the construction or other establishment of a new nursing home; (2) a change in the existing bed complement of a nursing home through the addition of one or more beds or change in the classification of licensure of one or more beds; (3) an expenditure by or on behalf of a nursing home in excess of an amount to be prescribed by regulation which, under generally acceptable accounting principles consistently applied, is considered a capital expenditure except those expenditures exempted in Section 44-7-170(B)(1). The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the development, acquisition, improvement, expansion, or replacement of any plant or equipment must be included in determining if the expenditure exceeds the prescribed amount; (4) a capital expenditure by or on behalf of a nursing home which is associated with the addition or substantial expansion of a health service for which specific standards or criteria are prescribed in the South Carolina Health Plan; (5) the offering of a health service by or on behalf of a nursing home which has not been offered by the facility in the preceding twelve months and for which specific standards or criteria are prescribed in the South Carolina Health Plan; (6) the acquisition of medical equipment by or on behalf of a nursing home which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation. (B) A person or health care facility, as defined in this article, is required to obtain a Certificate of Need from the department before undertaking the following: (1) the construction or other establishment of a hospital; (2) a change in the existing bed complement of a hospital through the addition of one or more beds or change in the classification of licensure of one or more beds. (C) Effective January 1, 2027, Section 44-7-160(B) is repealed. Effect of Amendment 2023 Act No. 20, SECTION 6, inserted the (A) designator, substituted "nursing home" for "health care facility" throughout, and in (6), inserted "by or on behalf of a nursing home"; and added (B) and (C).
S.C. Code Ann. § 44-53-470 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-470
SECTION 44-53-470. "Second or subsequent offense" defined; certain convictions considered prior offenses.
Status: in_force

(A) An offense is considered a second or subsequent offense if: (1) for an offense involving marijuana pursuant to the provisions of this article, the offender has been convicted within the previous five years of a first violation of a marijuana possession provision of this article or of another state or federal statute relating to marijuana possession; (2) for an offense involving marijuana pursuant to the provisions of this article, the offender has at any time been convicted of a first, second, or subsequent violation of a marijuana offense provision of this article or of another state or federal statute relating to marijuana offenses, except a first violation of a marijuana possession provision of this article or of another state or federal statute relating to marijuana offenses; (3) for an offense involving a controlled substance other than marijuana pursuant to this article, the offender has been convicted within the previous ten years of a first violation of a controlled substance offense provision, other than a marijuana offense provision, of this article or of another state or federal statute relating to narcotic drugs, depressants, stimulants, or hallucinogenic drugs; and (4) for an offense involving a controlled substance other than marijuana pursuant to this article, the offender has at any time been convicted of a second or subsequent violation of a controlled substance offense provision, other than a marijuana offense provision, of this article or of another state or federal statute relating to narcotic drugs, depressants, stimulants, or hallucinogenic drugs. (B) In addition to the above provisions, a conviction of trafficking in marijuana or trafficking in any other controlled substance in violation of this article or of another state or federal statute relating to trafficking in controlled substances must be considered a prior offense for purposes of any prosecution pursuant to this article. (C) If a person is sentenced to confinement as the result of a conviction pursuant to this article, the time period specified in this section begins on the date of the conviction or on the date the person is released from confinement imposed for the conviction, whichever is later. For purposes of this section, confinement includes incarceration and supervised release, including, but not limited to, probation, parole, house arrest, community supervision, work release, and supervised furlough. Editor's Note Section 44-53-160(B) authorizes the Department of Public Health, formerly the Department of Health and Environmental Control, to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at https://dph.sc.gov/professionals/healthcare-quality/drug-control-register-verify/controlled-substance-schedule
S.C. Code Ann. § 44-12-50 — SC Code / Title 44 / Chapter 12 / Section 44-12-50
SECTION 44-12-50. Component offices; creation.
Status: in_force

(A) The Department of Behavioral Health and Developmental Disabilities shall consist of the following component offices: (1) the Office of Intellectual and Developmental Disabilities; (2) the Office of Mental Health; and (3) the Office of Substance Use Services. (B)(1) Each component office shall be headed by an office director who shall be appointed by the department's director. Office directors shall serve at the pleasure of the department director. (2) The director may, to the extent authorized through the annual appropriations act or relevant permanent law, organize the administration of the department, including the assignment of personnel to the component offices, as is necessary to carry out the department's duties.
S.C. Code Ann. § 44-1-70 — SC Code / Title 44 / Chapter 1 / Section 44-1-70
SECTION 44-1-70. Rules and regulations of board must be approved by General Assembly.
Status: in_force

All rules and regulations promulgated by the Board shall be null and void unless approved by a concurrent resolution of the General Assembly at the session of the General Assembly following their promulgation.
S.C. Code Ann. § 44-11-10 — SC Code / Title 44 / Chapter 11 / Section 44-11-10
SECTION 44-11-10. Facilities which must maintained; purposes.
Status: in_force

The following facilities shall continue in existence and shall be maintained for the following purposes: (1) those inpatient facilities as authorized by the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities, and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities; and (2) the mental health clinics for the diagnosis, treatment, and prevention of mental illness. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-20-370 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-370
SECTION 44-20-370. Notification of applicant qualifying for services; county programs; training programs.
Status: in_force

(A) The Office of Intellectual and Developmental Disabilities shall: (1) notify applicants when they have qualified under the provisions of this chapter; (2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the Department of Behavioral Health and Developmental Disabilities or through other fiscal resources under its control; (3) review service plans submitted by county boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds; (4) review county programs covered in this chapter; (5) offer consultation and direction to county boards; (6) take other action not inconsistent with the law to promote a high quality of services to persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and their families. (B) The office shall seek to develop and utilize the most current and promising methods for the training of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The office shall disseminate these methods to county boards and programs providing related services. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-53-420 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-420
SECTION 44-53-420. Attempt and conspiracy; attempt to possess; penalties.
Status: in_force

(A) Except as provided in subsection (B), a person who attempts or conspires to commit an offense made unlawful by the provisions of this article, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted; but the fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. (B) A person who attempts to possess a substance made unlawful by the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
S.C. Code Ann. § 44-31-40 — SC Code / Title 44 / Chapter 31 / Article 1 / Section 44-31-40
SECTION 44-31-40. Tuberculosis testing in congregate care facilities.
Status: in_force

(A) A nursing home or community residential care facility as defined in Section 44-7-130 shall: (1) prior to the admission of a new resident, request and receive a written declaration from an authorized health care provider that, based upon medical examination of the applicant resident, the applicant resident has no signs or symptoms of active tuberculosis; (2) within three days of a resident's admission to the nursing home or community residential care facility from a hospital, as defined in Section 44-7-130, administer the first step of the two-step tuberculin skin test to the resident; and (3) within fourteen days of that resident's admission, administer the second step of the tuberculin skin test to the resident. (B)(1) The nursing home or community residential care facility may substitute a single blood assay for mycobacterium tuberculosis for a two-step tuberculin skin test; or (2) administer a single tuberculin skin test or single blood assay for mycobacterium tuberculosis within fourteen days of the resident's admission from a hospital if the nursing home or community residential care facility has documentation that within the twelve-month period prior to admission, the resident obtained a negative tuberculin skin test or a negative single blood assay for mycobacterium tuberculosis.
S.C. Code Ann. § 44-41-37 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-37
SECTION 44-41-37. Disclosure of consent requirements when counseling or discussing abortion with minor; brochure for use in counseling pregnant minors.
Status: in_force

A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1). The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following: (1) how to access her local health department for prenatal care; (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service; (3) the parental consent requirement as outlined in this bill; (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and (5) how to access her local mental health center for counseling services.
S.C. Code Ann. § 44-15-20 — SC Code / Title 44 / Chapter 15 / Section 44-15-20
SECTION 44-15-20. Services for which funds may be granted.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may, when funds are available for such purposes, make grants to assist counties, cities, towns, political subdivisions or any combinations thereof, or any nonprofit corporation, in the establishment and operation of local mental health programs to provide the following services: (1) Collaborative and cooperative services with public health, education, welfare and other groups for programs of prevention of mental illness, intellectual disability and other psychiatric disabilities; (2) Informational and educational services to the general public and lay and professional groups; (3) Consultative services to schools, courts and health and welfare agencies, both public and private; (4) Diagnostic and treatment services; and (5) After care services for patients suffering from mental or emotional disorders, intellectual disability and other psychiatric conditions, particularly those who have received prior treatment in an in-patient facility. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-20-460 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-460
SECTION 44-20-460. Discharge of client; detention of voluntarily admitted client; venue for judicial admission; protective custody for client.
Status: in_force

(A) A person admitted or committed to the services of the Office of Intellectual and Developmental Disabilities remains a client and is eligible for services until discharged. When the office determines that a client admitted to services is no longer in need of them, the office director or his designee may discharge him. When the only basis of the office's provision of services to a client is that he is a person with intellectual disability or a related disability and it is determined that he is no longer in that condition, the office director or his designee shall discharge him as soon as practical. A client of the office who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the office director or his designee may prescribe. (B) When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the office's services requests discharge in writing, the client may be detained by the office for no more than ninety-six hours. However, if the condition of the person is considered by the office director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the office director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the Probate Court or Family Court of the county in which the facility where the person with intellectual disability or a related disability resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with intellectual disability or a related disability placed in protective custody in either a facility of the office or in some other suitable place designated by the court. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-41-60 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-60
SECTION 44-41-60. Abortions must be reported.
Status: in_force

Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the State Registrar. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-640, 44-41-650, or 44-41-660, which exception the physician relied upon in performing or inducing the abortion. Editor's Note 2021 Act No. 1, SECTION 1, provides as follows: "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'." 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2021 Act No. 1, SECTION 6, in the first and second sentences, substituted "State Registrar" for "state registrar", and in the third sentence, substituted "obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion" for "obtained or circumstances waiving consent". 2023 Act No. 70, SECTION 7, in the third sentence, inserted "44-41-640, 44-41-650, or".
S.C. Code Ann. § 44-9-110 — SC Code / Title 44 / Chapter 9 / Section 44-9-110
SECTION 44-9-110. Acceptance of gifts and grants by commission.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may accept on behalf of the Office of Mental Health or any of its facilities or services, gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind, but no such gift or grant shall be accepted upon the condition that it shall diminish an obligation due the office. The department may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility or service shall be used for that facility or service only, or to its successor. The department may promulgate rules and regulations governing the disposition of such gifts and grants. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-1860 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1860
SECTION 44-7-1860. Powers and duties of board.
Status: in_force

The board shall have the following powers and duties: (1) Have perpetual succession. (2) Adopt, use and alter a corporate seal. (3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings. (4)(a) To acquire, by purchase or otherwise, any real property for any authorized use; (b) To acquire by purchase or otherwise personal property deemed by it to be necessary and to dispose of such property when in its judgment, it is in the best interest of the district. (5) Deposit and withdraw moneys realized from the sale of revenue bonds issued pursuant to provisions herein, and to expend the moneys in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds. (6) Deposit moneys derived from revenue producing facilities or services in any bank or trust company having an office within the district and withdraw the moneys for district purposes. (7) Build, maintain and equip and operate regional health care facilities or any other hospital or health care related facility in its charge under such rules and regulations as the board may from time to time promulgate. (8) Provide for the operation of its regional health care facilities or any other hospital or health care related facility in its charge. (9) Exercise the power of eminent domain in accordance with Chapter 5, Title 28. (10) Appoint personnel and prescribe the duties of such, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties. (11) Employ technical or professional services as may be desirable to the performance of the duties in the district. (12) Apply for moneys from any source, public or private, made available by grant or loan or both for the purposes of the district. All Federal moneys accepted under such terms and conditions as are prescribed by the United States and as are consistent with State law, and all other moneys accepted under this section shall be accepted and expended by the board upon such terms and conditions as are prescribed by the State or other sources thereof. (13) To take such action as may be necessary to carry out the purposes of this article.
S.C. Code Ann. § 44-53-1510 — SC Code / Title 44 / Chapter 53 / Article 14 / Section 44-53-1510
SECTION 44-53-1510. Definition of "anabolic steroid"; exceptions.
Status: in_force

(A) The term "anabolic steroid" includes any of the following or any isomer, ester, salt, or derivative of the following that acts in the same manner on the human body: (1) clostebol; (2) dehydrochlormethyltestosterone; (3) ethylestrenol; (4) fluoxymesterone; (5) mesterolone; (6) methandienone; (7) methandrostenolone; (8) methenolone; (9) methyltestosterone; (10) nandrolone; (11) norethandrolone; (12) oxandrolone; (13) oxymesterone; (14) oxymetholone; (15) stanozolol; and (16) testosterone. (B) Anabolic steroids that are expressly intended for administration through implants to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for this use, are not considered anabolic steroids as defined by this article and are not governed by its provisions.
S.C. Code Ann. § 44-117-320 — SC Code / Title 44 / Chapter 117 / Article 3 / Section 44-117-320
SECTION 44-117-320. Electronic transmission of prescriptions; required conditions; use of routing company.
Status: in_force

(A) A practitioner may electronically transmit a prescription to a pharmacy if all of these conditions are met: (1) A valid practitioner/patient relationship must exist. (2) The prescription must identify the transmitter's phone number, the time and date of transmission, and the pharmacy intended to receive the transmission and any other information required by federal or state law. (3) The prescription must be transmitted by the authorized practitioner or the practitioner's designated agent to the pharmacy of the patient's choice, and the prescription must be received only by a pharmacy, with no intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt at the pharmacy. (4) The prescription must be transmitted to the pharmacy of the patient's choice. If the pharmacy of the patient's choice is not equipped with the capability to accept an electronic prescription, the practitioner shall provide the patient with a written prescription, telephone an oral prescription, or transmit via facsimile to the pharmacy of the patient's choice. (5) The prescription must have the practitioner's electronic or digital signature or key code. (6) The prescription must be sent directly from the practitioner to the receiving pharmacy of the patient's choice. If an electronic prescription is printed out, it must possess an original handwritten signature before being delivered to a patient. If a prescription is a hard copy prescription drug order generated from electronic media, a prescribing practitioner's electronic or manual signature must be present. Prescriptions with electronic signatures must be applied to paper that utilizes security features that will ensure the prescription drug order is not subject to any form of copying or alteration. (B) An electronically transmitted prescription is deemed the original prescription drug order if it meets the requirements of this article and other applicable laws and regulations. (C)(1) Nothing in this article may be construed to prohibit a practitioner from using a routing company to transmit a prescription pursuant to this article, except that a routing company shall provide its tax identification number to the Board of Pharmacy before offering its services in this State. (2) A routing company: (a) may, for the purpose of verifying an audit conducted of the routing company, store any prescription or other confidential information it receives or transmits pursuant to this article in a form that is secure and ensures the confidentiality of the information in compliance with federal and state privacy law; and (b) may not add a provision to, delete a provision from, or otherwise modify a prescription or any other confidential information that it receives or transmits pursuant to this article.
S.C. Code Ann. § 44-1-110 — SC Code / Title 44 / Chapter 1 / Section 44-1-110
SECTION 44-1-110. Duties of department in regard to public health, in general.
Status: in_force

The Department of Health and Environmental Control is invested with all the rights and charged with all the duties pertaining to organizations of like character and is the sole advisor of the State in all questions involving the protection of the public health within its limits. It shall, through its representatives, investigate the causes, character, and means of preventing the epidemic and endemic diseases as the State is liable to suffer from and the influence of climate, location, and occupations, habits, drainage, scavengering, water supply, heating, and ventilation. It shall have, upon request, full access to the medical records, tumor registries, and other special disease record systems maintained by physicians, hospitals, and other health facilities as necessary to carry out its investigation of these diseases. No physician, hospital, or health facility, or person in charge of these records is liable in any action-at-law for permitting the examination or review. Patient-identifying information elicited from these records and registries must be kept confidential by the department and it is exempt from the provisions of Chapter 4 of Title 30. It shall supervise and control the quarantine system of the State. It may establish quarantine both by land and sea.
S.C. Code Ann. § 44-17-420 — SC Code / Title 44 / Chapter 17 / Article 5 / Section 44-17-420
SECTION 44-17-420. Notice of hearing.
Status: in_force

At least five days before the hearing scheduled by the court pursuant to Section 44-17-410(3), the clerk or other officer of the probate court shall give written notice of the hearing to the person, his counsel, the applicant, and other interested persons. The notice must include the date, time, and place of the hearing, the basis for the person's detention, conclusions and underlying facts, and the standard upon which he has been detained. The notice of hearing also must include a statement advising the recipient that the person may request the names of designated examiners and other persons who may testify in favor of his continued detention and the substance of their proposed testimony.
S.C. Code Ann. § 44-31-30 — SC Code / Title 44 / Chapter 31 / Article 1 / Section 44-31-30
SECTION 44-31-30. Personnel of Department of Health and Environmental Control are authorized to inspect records and provide consultation services.
Status: in_force

Authorized personnel of the Department of Health and Environmental Control may inspect all medical records of all public and private institutions and clinics where tuberculosis patients are treated, and shall provide consultation services to officers of State educational, correctional, and medical institutions regarding the control of tuberculosis and the care of patients or inmates having tuberculosis.
S.C. Code Ann. § 44-53-372 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-372
SECTION 44-53-372. Prohibited acts relating to xylazine; penalties.
Status: in_force

(A)(1) It is unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute xylazine for a use other than a nonhuman use. (2) A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than fifteen thousand dollars, or both. (B)(1) It is unlawful for any person to knowingly or intentionally possess xylazine. (2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one hundred eighty days or fined not more than five hundred dollars, or both. (C) The provisions of this section do not apply to any of the following: (1) the production, manufacturing, distribution, or possession of xylazine for use in legitimate veterinary practice; (2) the production, manufacturing, distribution, or possession of a xylazine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian for use in a nonhuman species; (3) the possession of xylazine pursuant to a valid prescription from a licensed veterinarian for use in a nonhuman species; or (4) the possession of xylazine in an injectable form for use in a nonhuman species. (D) For purposes of this section, "xylazine" means xylazine and any salt, sulfate, isomer, homologue, analogue, or other preparation of xylazine, and any salt, isomer, compound, derivative, precursor, homologue, analogue, or other preparation thereof that is substantially chemically equivalent or identical to xylazine.
S.C. Code Ann. § 44-55-830 — SC Code / Title 44 / Chapter 55 / Article 9 / Section 44-55-830
SECTION 44-55-830. Permits furnished to seller of mobile home.
Status: in_force

The purchaser or owner shall obtain the permit and provide to any person who sells a mobile home a copy of the certificate of health department approval required by Section 44-55-820 before placing such mobile home upon the new site for occupancy.
S.C. Code Ann. § 44-24-30 — SC Code / Title 44 / Chapter 24 / Section 44-24-30
SECTION 44-24-30. Admission of child sixteen or older as inpatient; determination of voluntariness; appointment of guardian ad litem.
Status: in_force

When a child sixteen years of age or older is admitted to an inpatient facility at the Office of Mental Health, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in the guardian ad litem's opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of the child. If the guardian ad litem suspects the application was involuntary, the guardian ad litem shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the: (1) application was voluntary or involuntary and no need for commitment exists, the child must be discharged immediately; (2) application was voluntary and admission is necessary, there must be no further action before periodic review; (3) application was involuntary and admission is necessary, the court shall order the facility to file, within three days exclusive of Saturdays, Sundays, and legal holidays after the date of the order, a petition for judicial admission and to retain the child pending a hearing which must be conducted within fifteen days of the filing of the petition; (4) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-61-810 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-810
SECTION 44-61-810. Coordinated database.
Status: in_force

(A) The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory 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 coordinated database 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) significant investigatory information; (4) adverse actions against an individual's license; (5) an indicator that an individual's privilege to practice is restricted, suspended, or revoked; (6) nonconfidential information related to alternative program participation; (7) any denial of application for licensure, and the reason(s) for such denial; and (8) other information that may facilitate the administration of this compact, as determined by the rules of the Commission. (C) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state. (D) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state. (E) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
S.C. Code Ann. § 44-38-640 — SC Code / Title 44 / Chapter 38 / Article 6 / Section 44-38-640
SECTION 44-38-640. Authority to apply for grants.
Status: in_force

The South Carolina Brain Injury Leadership Council shall have the authority to apply for grants for the purposes of carrying out the responsibilities and duties of the council.
S.C. Code Ann. § 44-122-40 — SC Code / Title 44 / Chapter 122 / Section 44-122-40
SECTION 44-122-40. Application for funding to operate pregnancy prevention initiative; minimum standards for consideration; continuation of funding.
Status: in_force

(A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All initiatives funded by the county government pursuant to this chapter must distribute to and discuss the "South Carolina Family Respect" information pamphlet, published and provided by the office of the Governor, with each adolescent involved in their project or program. All applications must meet the following minimum standards for consideration: (1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population. (2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy. (3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative, as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department. (B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon: (1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and (2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.
S.C. Code Ann. § 44-33-330 — SC Code / Title 44 / Chapter 33 / Article 3 / Section 44-33-330
SECTION 44-33-330. Confidentiality of information submitted to registry; permitted disclosures.
Status: in_force

(A) The information submitted to the department to register a patient with the Sickle Cell Disease Voluntary Patient Registry is confidential and not subject to public disclosure under the Freedom of Information Act or any other provision of law, except as provided in subsection (C). (B) The department shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in subsection (C). (C) The department may provide a copy of the registration to: (1) a physician or other health care practitioner licensed and in good standing in South Carolina or another state who is treating a patient and who requests the information after certifying that the patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, has indicated that the patient has submitted a registration and would like the physician or other health care practitioner to verify the registration; (2) a patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, who requests the patient's own sickle cell patient registry registration information in accordance with procedures established by the department; (3) personnel of the department for purposes of administration and implementation of this article; and (4) qualified health care researchers and other personnel for the purpose of bona fide research or education to promote the purposes of this article; however, data elements that would reasonably identify a specific patient, physician, or other health care practitioner, must be deleted or redacted from such information before disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this item.