S.C. Code Ann. § 40-57-320 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-320
SECTION 40-57-320. Conditions for license application; education; examination; fees.
Status: in_force

(A) As a condition for and before applying to the commission for licensure, an applicant for an associate, broker, or broker-in-charge license shall provide proof to the commission of having met the following educational requirements, in addition to the other requirements of this chapter: (1) for an associate license: (a) completion of sixty hours of classroom instruction in fundamentals of real estate principles and practices and thirty hours of classroom instruction in advanced real estate principles within five years before the application, provided an applicant may take the license examination before completing the required thirty hours of advanced instruction; or (b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university, or completion of another course of study approved by the commission; and (2) for a broker license: (a) completion of sixty hours of commission-approved real estate classroom instruction, to include completion of the thirty hour Unit III A Broker Management and of the thirty-hour Unit III B Brokerage Principles courses in advanced real estate principles and practices and five years active associate licensure within the past seven years; or (b) evidence of holding a juris doctor degree, a bachelor of law degree, a baccalaureate degree or a master's degree with a major in real estate from an accredited college or university. (B)(1) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the commission or a designated test provider at a time and place specified by the commission. (2) The applicant must receive a passing grade on both the state and national portions of the examination, in accordance with a cut-score determination or a raw-score determination established by the commission. (3) An applicant who applies to take the examination is granted a twelve-month eligibility period to complete successfully all portions of the examination. An applicant who fails to complete successfully both the state and national portions of the examination may reapply to become eligible for the examination if applicable qualifying courses were completed fewer than three years before applying for the examination. (4) An applicant who passes both the state and national portions of the examination must apply for a license within one year, or the applicant must reapply and retake all portions of the examination. (5) An applicant who is denied licensure by the commission may not reapply for licensure for a period of twenty-four months from the date of denial unless he prevails in appealing the denial pursuant to the Administrative Procedures Act. (6) An individual who, at the time of application, holds an active real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months before he makes his application only is required to pass the state portion of the examination to qualify for licensure. This does not exempt the individual from satisfying the educational requirements of this chapter. (C) The commission or test provider may collect and retain reasonable examination fees. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-68-40 — SC Code / Title 40 / Chapter 68 / Section 40-68-40
SECTION 40-68-40. Qualifications to serve as controlling person; background investigation; fingerprinting; effect of conviction of crime; designating agent for service of process; minimum net worth requirement.
Status: in_force

(A) To be qualified to serve as a controlling person of a licensee under this chapter, a person must be at least eighteen years of age, be of good moral character, and have educational, managerial, or business experience relevant to: (1) operation of a business entity offering professional employer services; or (2) services as a controlling person of a professional employer organization. For the purposes of this subsection, "good moral character" means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealing, and respect for the rights of others and for the laws of this State and nation. (B) The department shall conduct a background investigation of each individual applicant and of each controlling person of each applicant and require fingerprinting of each applicant and each controlling person to determine whether the applicant or controlling person is qualified under this chapter. The department may deny an application for the issuance or renewal of a license if it finds that a controlling person is not qualified under this chapter. The investigation shall include: (1) the submission of fingerprints for processing through appropriate local, state, and federal law enforcement agencies; and (2) examination by the department, if necessary, of police or other law enforcement records maintained by local, state, or federal law enforcement agencies. (C) Conviction of a crime does not automatically disqualify a controlling person, require the revocation of a license, or require the denial of an application for a new or renewed license. (D) A licensee shall maintain a registered agent for the service of process in this State. (E) An applicant for an original or renewal license must demonstrate a net worth of at least fifty thousand dollars. The applicant shall demonstrate the net worth to the department by providing the department with the applicant's audited financial statement. The net worth requirement also may be satisfied through guarantees, letters of credit, or other security acceptable to the department in a combined total amount of at least fifty thousand dollars. A guaranty is not acceptable to satisfy this subsection unless the applicant submits sufficient evidence to satisfy the department that the guarantor has adequate resources to satisfy the obligations of the guaranty. For applicants operating a professional employer organization or professional employer organization group on or before January 1, 1991, the net worth requirement will be satisfied by the documentation of a positive net worth. (F) A document submitted to establish net worth must reflect the net worth as of a date not earlier than six months before the date on which the application is submitted, and must be prepared by a certified public accountant. Information supplied regarding net worth is proprietary and confidential and is exempt from disclosure to third parties. (G)(1) An applicant and any controlling person must have at least two years of other related industry experience as approved by the department before the initial license is issued. (2) Notwithstanding subsection (G)(1), an applicant for a nonresident restricted license under Section 40-68-90 may be issued a license without the necessary two years' experience. (3) However, all licensees filed before September 30, 2005, may act as professional employment organizations after that date without regard to the experience requirement of this subsection if they maintain compliance with the continuing professional education requirements of Section 40-68-45 and otherwise comply with this chapter.
S.C. Code Ann. § 40-49-270 — SC Code / Title 40 / Chapter 49 / Article 3 / Section 40-49-270
SECTION 40-49-270. Engaging in business of installing sanitary plumbing without a certificate unlawful.
Status: in_force

It shall be unlawful for any person, be he master plumber, employing plumber or journeyman plumber, to engage in the business of installing sanitary plumbing or to install sanitary plumbing for compensation or hire until such person shall have made application for and shall have received a certificate which authorizes him to engage in such business or to install such sanitary plumbing, in accordance with the provisions of this article. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days for each offense.
S.C. Code Ann. § 40-23-120 — SC Code / Title 40 / Chapter 23 / Section 40-23-120
SECTION 40-23-120. Sanctions and other disciplinary actions.
Status: in_force

In addition to any and all sanctions provided for in this chapter, the board has the authority to impose sanctions and take other actions as provided by Section 40-1-120 in all proceedings before the board. Further, the board may take any other appropriate disciplinary action against a licensee including, but not limited to, requiring the licensee to undertake additional professional training, requiring an increase in surety bonding or imposing other security requirements, or imposing any other appropriate discipline or reprimand, including any combination of these sanctions.
S.C. Code Ann. § 40-54-10 — SC Code / Title 40 / Chapter 54 / Section 40-54-10
SECTION 40-54-10. Definitions.
Status: in_force

As used in this chapter: (1) "Dealer" means any person, corporation, or partnership who buys precious metal or precious or semiprecious stones or gems from the general public, whether in bulk or in manufactured form, with an intent to obtain a monetary profit for himself or for a principal. (2) "Precious metal" means any article made in whole or in part of gold, silver, or platinum. (3) "Precious or semiprecious stone or gem" means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious. (4) "Local law enforcement agency" means the chief of police for businesses located within the corporate limits of a municipality and the county law enforcement agency for businesses located outside the corporate limits of a municipality. (5) "Permanent place of business" means a fixed premises either owned by the dealer or leased by him. One year's lease is a presumption of permanency. (6) "Places proposed to do business" means the counties or municipalities in which the dealer intends to purchase precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. (7) "Purchase" means the acquisition, including by means of being pawned to a dealer, of precious metal or precious or semiprecious stones or gems or both precious metal and precious or semiprecious stones or gems for a consideration of cash, goods, or other precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. Trade-ins are covered by the provisions of this chapter unless the item traded was purchased directly from the dealer allowing the trade. Effect of Amendment 2014 Act No. 292, SECTION 1, in paragraph (7), inserted ", including by means of being pawned to a dealer,".
S.C. Code Ann. § 40-43-91 — SC Code / Title 40 / Chapter 43 / Section 40-43-91
SECTION 40-43-91. Reports to Board of Pharmacy regarding thefts, convictions, changes in ownership or pharmacy employment, disasters, and accidents; return of permit; penalty for failure to comply.
Status: in_force

(A) A permit holder shall report to the Board of Pharmacy within thirty working days of the discovery of the occurrence of: (1) theft or loss of drugs or devices; or (2) conviction of any employee of any state or federal drug law. (B) All permit holders shall report to the Board of Pharmacy within ten working days of the discovery of the occurrence of any of the following: (1) permanent closing; (2) change of ownership, management, location, consultant pharmacists, or pharmacist-in-charge of a pharmacy; (3) change in employment of pharmacists or pharmacy technicians within a pharmacy permitted by the board; (4) disasters, accidents, destruction, or loss of records required to be maintained by state or federal law. (C) Upon permanent closing a permittee shall return the permit to the board within thirty days. (D) The board may assess a civil penalty of not more than one hundred dollars upon any individual who fails to comply with the rules as provided in this section. (E) Any currently licensed pharmacist or pharmacy technician who changes his mailing address must notify the board in writing within ten days listing his name, license or registration number, and new mailing address. (F) When a licensed pharmacist in the employ of or in charge of the pharmacy duties of a permitted facility within this State leaves the employ of or ceases to have charge of the pharmacy duties of the permitted facility, he shall notify the board in writing within ten days of the change, giving the name and address of the permitted facility at which he was last employed. When a licensed pharmacist or registered pharmacy technician within this State makes any change in employment from one permitted facility to another, he shall notify the board of the change within ten days, listing the name and address of the permitted facility at which he was last employed and of the facility to which he expects to move.
S.C. Code Ann. § 40-37-30 — SC Code / Title 40 / Chapter 37 / Section 40-37-30
SECTION 40-37-30. Licensing requirement; practice of optometry.
Status: in_force

(A) It is unlawful for a person to engage in the practice of optometry in this State without being licensed by the board, except as otherwise authorized by this chapter. (B) A person is deemed to be practicing optometry within the meaning of this chapter if the person: (1) displays a sign or in any way advertises as an optometrist; (2) employs any means for the measurement of the powers of vision or the adaptation of lenses for the aid of vision; (3) uses lenses in the testing of the eye in the sale of spectacles, eyeglasses, or lenses other than lenses actually sold; (4) examines the human eye by the employment of any subjective or objective physical means to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means; (5) practices orthoptics or prescribes contact lenses; or (6) utilizes pharmaceutical agents for diagnostic and/or therapeutic purposes in the practice of optometry in accordance with this chapter. (C) The possession of appliances for the examination of the eye, optical supplies, ophthalmic instruments, or optical equipment is prima facie evidence of practicing optometry and requires compliance with this chapter.
S.C. Code Ann. § 40-6-10 — SC Code / Title 40 / Chapter 6 / Section 40-6-10
SECTION 40-6-10. Auctioneers' Commission created; membership and qualifications; compensation.
Status: in_force

(A) There is created the South Carolina Auctioneers' Commission composed of five members to be appointed by the Governor in accordance with Section 40-1-50. The Governor shall consider nominations from any individual, group, or association. The terms of the members are for three years and until their successors are appointed and qualify. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. (B) At least three members of the commission must be licensed auctioneers and must be active in the auction profession. At least one member must not be connected with the auction business. A majority of the members of the commission constitute a quorum; however, if there is a vacancy on the commission, a majority of the members serving constitutes a quorum and any action taken by the commission must be by a positive majority vote of the members constituting a quorum. The members shall elect from among themselves a chairman who serves for one year and until a successor is elected and qualifies. The members of the commission shall receive the same per diem, mileage, and subsistence provided by law for members of state boards, committees, and commissions. Editor's Note Prior Laws: 1977 Act No. 111, SECTIONS 3, 4; 1985 Act No. 125, SECTION 1; 1987 Act No. 35, SECTION 1; 1991 Act No. 38, SECTION 2; 1993 Act No. 181, SECTION 857; 1976 Code SECTIONS 40-6-30, 40-6-40.
S.C. Code Ann. § 40-29-60 — SC Code / Title 40 / Chapter 29 / Section 40-29-60
SECTION 40-29-60. Hearings before administrative hearing officer and board; penalties.
Status: in_force

(A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation, the hearing officer: (1) may for a first offense, impose a fine of not more than five hundred dollars or suspend the license for not more than thirty days, or both; (2) may for a second offense, impose a fine of not more than one thousand dollars or suspend the license for not more than sixty days, or both; (3) may for a third offense, impose a fine of not more than two thousand dollars or suspend the license for not more than ninety days, or both; (4) shall for a fourth or subsequent offense, present the violation to the board for disciplinary action pursuant to this chapter. (B) The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations in its decision in the matter on appeal. Appeals from the decision of the board may be made to an administrative law judge pursuant to the Administrative Procedures Act. (C) A licensee who violates any provision of this chapter or regulations promulgated by its authority or accumulates three or more warranty or contract violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Upon the finding of such a violation, the board may: (1) impose a fine of not more than two thousand five hundred dollars or suspend or revoke the license or any combination thereof; (2) order an increase in surety bonding or other approved security requirements. (D) The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
S.C. Code Ann. § 40-61-60 — SC Code / Title 40 / Chapter 61 / Section 40-61-60
SECTION 40-61-60. Requirements for certificate of registration.
Status: in_force

The board must issue a certificate of registration to all applicants who certify to the board under oath that the applicant is a graduate with a baccalaureate degree from an accredited college or university, who has satisfactorily completed at least twelve semester hours or its equivalent of academic work in the basic natural sciences, or pass a written or oral examination as prescribed by the board. Any person desiring to be examined by the board must make application and pay a fee to the board in the manner prescribed by the board.
S.C. Code Ann. § 40-60-37 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-37
SECTION 40-60-37. Reciprocal applications from appraisers from other jurisdictions; consent of nonresident appraiser to South Carolina court jurisdiction.
Status: in_force

(A) The board must grant a reciprocal credential to an appraiser credentialed in another jurisdiction if: (1) the appraiser holds a valid credential to value real property that is in good standing in at least one other jurisdiction; and (2) the requirements to obtain a credential to value real property in the jurisdiction in which the appraiser is credentialed have been found by the appraisal subcommittee to conform to the qualification criteria of the Appraiser Qualifications Board. (B) A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in a judicial circuit of the State in which a cause of action may arise or in which the plaintiff may reside by the service of process or pleading, authorized by the laws of the State, on the Director of the Department of Labor, Licensing and Regulation. The consent must stipulate that the service of process or pleading must be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in South Carolina. If the process or pleadings mentioned in this chapter are served upon the Director of the Department of Labor, Licensing and Regulation, it must be by duplicate copies, one of which must be filed in the office of the board and the other immediately forwarded by the board by registered or certified mail to the applicant against whom the process or pleadings are directed, at the last known address of the applicant as shown by the records of the board. Editor's Note Prior Laws:2000 Act No. 335, SECTION 1; 1976 Code SECTION 40-60-120. Effect of Amendment 2014 Act No. 180, SECTION 7, in subsection (A), substituted "accept reciprocal applications from appraisers from other jurisdictions. These applicants may be given" for "enter into reciprocal agreements with appraiser regulatory authorities of other jurisdictions which provide for". 2024 Act No. 196, SECTION 9, rewrote (A).
S.C. Code Ann. § 40-47-190 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-190
SECTION 40-47-190. Disclosure of information relating to proceedings; public access; information relating to patients and witnesses.
Status: in_force

(A)(1) A person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, a witness, counsel, counsel's staff, board member, board employee, court reporter, or investigator may not mention the existence of the complaint investigation, or other proceeding, or disclose any information tending to identify the initial complainant or any witness or discuss testimony or other evidence in the complaint, investigation, or proceeding, except as otherwise provided in this section. (2) Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information. (3) When the board receives information in any complaint, investigation, or other proceeding indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. The department may provide any information it considers necessary or appropriate to a substance abuse treatment program facility or monitoring program approved by the board, and this information must continue to be kept confidential and privileged from disclosure, except as provided by law. (B) When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must be available for public inspection and copying ten days after the answer is filed or if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section. (1) Patient records and identities must remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records. (2) If allegations of incapacity of a licensee due to physical or mental causes are raised in the complaint or answer, all records, information, and proceedings relating to those allegations of incapacity must remain confidential. Any order relating to the licensee's authorization to practice must be made public; however, the order must not disclose the nature of the incapacity. (C) Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to the proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made. (D) Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; however, the identity of a minor or sexual battery victim must remain confidential without a motion being made. (E) Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure. (F) Information that has been declared confidential or personal pursuant to this chapter or another applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board, and is protected in the same manner as provided in Section 40-71-20, or as otherwise provided by law. (G) Except as provided in this section, the identity of confidential informants or other witnesses who do not testify must be kept confidential and must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files is privileged from disclosure for any reason whatsoever. (H)(1) The department shall make reasonable efforts to provide written acknowledgment of every initial complaint and the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter. (2) For every unauthorized disclosure of confidential or personal information by a person in violation of this chapter, the department may issue an administrative citation and may assess an administrative penalty of up to five hundred dollars per violation, not to exceed a total of ten thousand dollars per matter. Upon disclosure of confidential or personal information in violation of this chapter, the department may refuse to provide further information to the violator. (3) An entity or individual assessed administrative penalties may appeal those penalties to the board within ten days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is considered a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand. (I) No information in investigative files or disciplinary proceedings is required to be expunged pursuant to any other provision of state law. (J) Every communication, oral or written, to the board, department, staff, counsel, expert reviewers or witnesses, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of the disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings are privileged from disclosure. Those persons and entities making such communications are immune from liability. (K) Nothing in this chapter may be construed as prohibiting the respondent or the respondent's counsel from exercising the respondent's right of due process under the law or as prohibiting the respondent from access to the evidence relevant to the formal charges, documents to be presented at the hearing, and statements of witnesses who will be called at the hearing. Editor's Note Prior Laws:1962 Code SECTION 56-1369.2; 1976 Code SECTION 40-47-212.
S.C. Code Ann. § 40-33-200 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-200
SECTION 40-33-200. Unauthorized practice; penalty.
Status: in_force

A person who practices or offers to practice nursing in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Each violation constitutes a separate offense. The provisions of this chapter apply to a person or entity aiding and abetting in a violation of this chapter. Editor's Note Prior Laws:1935 (39) 173; 1942 Code SECTION 5230; 1947 (45) 579; 1952 Code SECTION 56-953; 1962 Code SECTION 56-953; 1969 (56) 263; 1987 Act No. 114, SECTION 2; 1976 Code SECTION 40-33-20.
S.C. Code Ann. § 40-6-220 — SC Code / Title 40 / Chapter 6 / Section 40-6-220
SECTION 40-6-220. Eligibility requirements for license as apprentice auctioneer; conduct of auction and review of records.
Status: in_force

(A) To be licensed as an apprentice auctioneer, an individual must: (1) be eighteen years of age or older; (2) submit a written application on a form approved by the commission naming a licensed auctioneer to serve as the supervisor of the apprentice along with the required fee; (3) achieve a passing score on a written examination approved by the commission testing the applicant's understanding of the law relating to auctioneers and auctions, ethical practices for auctioneers, and the mathematics applicable to the auctioneer business. The examination may not be taken more than one time during any six-month period following the second failure of the examination; (4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years; (5) provide a credit record satisfactory to the commission which must be obtained by the commission. A fee of ten dollars must be paid to the commission for the credit investigation. (B) No apprentice auctioneer may enter into an agreement to conduct an auction or conduct an auction without the express written approval of the supervisor of the apprentice auctioneer. The supervisor shall review, at regular intervals, the records that the apprentice auctioneer is required to maintain to ensure they are current and accurate. Editor's Note Prior Laws:1977 Act No. 111, SECTION 7; 1991 Act No. 38, SECTION 4; 1993 Act No. 155, SECTION 8; 1976 Code SECTION 40-6-70.
S.C. Code Ann. § 40-69-140 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-140
SECTION 40-69-140. Prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-19-210 — SC Code / Title 40 / Chapter 19 / Section 40-19-210
SECTION 40-19-210. Petition by department for injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-28-100 — SC Code / Title 40 / Chapter 28 / Section 40-28-100
SECTION 40-28-100. Power of board or department to seek injunctive relief.
Status: in_force

In addition to the powers provided in Chapter 1, Title 40, the board or department may apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain a violation of this section. In these proceedings, the party seeking injunctive relief need not allege or prove that no adequate remedy at law exists or that substantial or irreparable damage would result from the continued violation. A member of the board or employee of the department may not be personally liable under this proceeding. Editor's Note Prior Laws: 1976 Act No. 698, SECTION 8; 1990 Act No. 372, SECTION 4; 1993 Act No. 181, SECTION 899; 1976 Code 40-28-80.
S.C. Code Ann. § 40-15-185 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-185
SECTION 40-15-185. Administration of oaths; subpoena power.
Status: in_force

For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by or the refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and give other evidence concerning the matter under inquiry.
S.C. Code Ann. § 40-3-210 — SC Code / Title 40 / Chapter 3 / Section 40-3-210
SECTION 40-3-210. Petition for injunctive relief.
Status: in_force

The Department of Labor, Licensing and Regulation, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-45-220 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-220
SECTION 40-45-220. Qualifications of applicants for licensure; burden to demonstrate eligibility; background checks.
Status: in_force

(A)(1) To be eligible for licensure as a physical therapist an applicant must: (a)(i) be a graduate of a physical therapy educational program approved by the board; (ii) pass an examination administered or approved by the board; and (iii) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board; or (b)(i) provide satisfactory evidence that his or her education is equivalent to the requirements of physical therapists educated in United States educational programs as determined by the board. If the board determines that an applicant's education is not equivalent, it may require completion of additional course work before proceeding with the application process; (ii) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board; (iii) pass an examination administered or approved by the board; (iv) submit evidence satisfactory to the board on a form approved by the board of not less than one thousand clinical practice hours under the on-site supervision of a licensed physical therapist in this State or in a state with licensure requirements equal to or more stringent than this State. (2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for initial licensure as a physical therapist, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of these criminal records checks must not be shared outside the department. (B)(1) To be eligible for licensure as a physical therapist assistant an applicant must: (a) be a graduate of a physical therapist assistant program approved by the board; (b) pass an examination administered or approved by the board; and (c) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board. (2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for initial licensure as a physical therapist assistant, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of these criminal records checks must not be shared outside the department. (C) The burden is upon the applicant to demonstrate to the satisfaction of the board and in the manner prescribed by the board that the applicant has the qualifications and is eligible for licensure. Editor's Note Prior Laws:1962 Code SECTION 56-1344; 1952 (47) 1967; 1971 (57) 405; 1978 Act No. 442, SECTION 1; 1982 Act No. 413, SECTION 10; 1976 Code SECTION 40-45-100. Effect of Amendment 2021 Act No. 6, SECTION 1, redesignated (A) as (A)(1), redesignated the rest of (A) accordingly, and added (2); and redesignated (B) as (B)(1), redesignated the rest of (B) accordingly, and added (2).
S.C. Code Ann. § 40-20-130 — SC Code / Title 40 / Chapter 20 / Section 40-20-130
SECTION 40-20-130. Practice without a license; penalty.
Status: reserved

(A) It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination in any words, letters, abbreviations, or insignia. (B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both. CHAPTER 21 [Reserved]
S.C. Code Ann. § 40-77-20 — SC Code / Title 40 / Chapter 77 / Section 40-77-20
SECTION 40-77-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the State Board of Registration for Geologists. (2) "Geologist" means a person with special knowledge of the science of geology, hydrology, geophysics, and related earth sciences and principles and methods of geological analysis acquired by professional education and practical experience. (3) "Geologist-in-training" means a person who possesses the qualifications prescribed in Section 40-77-230 and who has been certified as a geologist-in-training. (4) "Geology" means the science dealing with the earth and its history; investigation, prediction, and location of the materials and structures which compose it; the natural processes that cause change in the earth; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind. This definition does not include a service or creative work, the adequate performance of which requires engineering education, training, and experience. (5) "Public practice of geology" means the performance of geological service or work in the nature of consultation, investigation, surveys, evaluations, planning, mapping, and inspection of geologic work required for or supporting compliance with municipal, county, State of South Carolina, or federal regulations. The "public practice of geology" does not include the practice of engineering as defined in Chapter 21. (6) "Registered professional geologist" means a person registered as a professional geologist by the board pursuant to Section 40-77-230. (7) "Responsible charge of work" means the independent control and direction by the use of initiative, skill, and independent judgment of geological work or the supervision of geological work. Responsible charge of geologic teaching or research may be construed as responsible charge of important geological work.
S.C. Code Ann. § 40-55-140 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-140
SECTION 40-55-140. Immunity of board members, officers and employees for official acts; administration of oaths; subpoena power; final orders.
Status: in_force

No member of the board, or its committees, special examiners, agents and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry. Any final order of the board finding that a psychologist is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public shall be mailed to local and state psychological associations, and all hospitals with which the respondent is associated, states where the psychologist has a license as known to the board, and to any other source that the board wishes to furnish this information.
S.C. Code Ann. § 40-43-250 — SC Code / Title 40 / Chapter 43 / Section 40-43-250
SECTION 40-43-250. Initial education requirement; continuing education.
Status: in_force

(A) Prior to dispensing self-administered hormonal contraceptives or administering injectable hormonal contraceptives pursuant to Section 40-43-240, a pharmacist must have completed a certificate program that has been accredited by the American Council for Pharmacy Education or a similar health authority or professional body approved by the Board of Pharmacy and the Board of Medical Examiners, as specified in the joint protocol, that is program-specific to self-administered hormonal contraceptives or injectable hormonal contraceptives, that includes the application of the United States Medical Eligibility Criteria for Contraceptive Use, and that includes other Centers for Disease Control and Prevention guidance on contraception. To maintain eligibility, a pharmacist must complete at least one hour of continuing education per year that is offered by an entity approved by the Board of Medical Examiners and the Board of Pharmacy. (B) An equivalent, curriculum-based training program completed on or after January 2021 in an accredited South Carolina pharmacy school satisfies the initial education requirement. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-36-90 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-90
SECTION 40-36-90. Investigation results; presentation to board; procedures for hearing.
Status: in_force

The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
S.C. Code Ann. § 40-59-150 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-150
SECTION 40-59-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-19-50 — SC Code / Title 40 / Chapter 19 / Section 40-19-50
SECTION 40-19-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation.
Status: in_force

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. Code Commissioner's Note At the direction of the Code Commissioner, reference to SECTION 41-1-50 was changed to SECTION 40-1-50.
S.C. Code Ann. § 40-47-1255 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1255
SECTION 40-47-1255. Anesthesiologist's assistants to practice pursuant to written protocol.
Status: in_force

An anesthesiologist's assistant practicing at all sites shall practice pursuant to written scope of practice protocols signed by all supervising anesthesiologists and the anesthesiologist's assistant. Copies of the protocols must be on file at all practice sites. The protocols shall include at a minimum the: (1) name, license number, and practice addresses of the sponsoring anesthesiologist; (2) name and practice address of the anesthesiologist's assistant; (3) date the protocol was developed and dates it was reviewed or amended; (4) situations that require direct evaluation by or immediate referral to the anesthesiologist.
S.C. Code Ann. § 40-11-40 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-40
SECTION 40-11-40. Voluntary contributions with licensee applications; uses; reporting requirements.
Status: in_force

(A)(1) An applicant for a new, reinstatement, or renewal contractor's license must be given an opportunity in writing to make a voluntary contribution to be distributed to an accredited public institution of higher learning offering degrees in construction science, building science, or civil engineering. The applicant may designate a specific accredited institution to receive the contribution. Undesignated contributions shall be distributed to accredited institutions in a pro rata manner based on the number of full-time equivalent students enrolled in each program at each institution. Any voluntary contribution must be added to the contractor's license fee and must be transferred to the State Treasurer and credited to the appropriate institution. (2) By June first of each year, the State Commission on Higher Education shall provide to the department a list of accredited public institutions of higher learning offering degrees in construction science, building science, or civil engineering, and include in the annual report the number of students enrolled in each of these programs for the prior academic year. (B)(1) Each institution receiving funds pursuant to this section shall utilize the funds to provide or enhance programs related to building science or civil engineering, which shall include, but is not limited to, scholarships, fellowships, research, faculty development, and continuing education programs. (2) Each institution receiving funds pursuant to this section shall provide an annual report to the department by January thirty-first disclosing the amount of funds received during the prior fiscal year and an accounting of how the funds were utilized. (C) The department shall retain five percent of the amount to be distributed for administrative expenses associated with the collection and distribution of funds.
S.C. Code Ann. § 40-15-260 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-260
SECTION 40-15-260. Issuance, recording, and reregistration of license to practice speciality.
Status: in_force

The board, upon satisfactory proof that the applicant has satisfied the then current educational requirements as set forth by the American Dental Association for ethical announcement of a practice limited to that specialty and has complied with all requirements of the board, may issue a license to such a dentist authorizing him to hold himself out or announce to the public that he is a specialist in, limits his practice to, or gives special attention to such recognized special area of the dental profession. Such special license shall be reregistered in the same manner as provided in this chapter for a license to practice dentistry.
S.C. Code Ann. § 40-5-220 — SC Code / Title 40 / Chapter 5 / Article 3 / Section 40-5-220
SECTION 40-5-220. License granted only by Supreme Court; applications for licensure.
Status: in_force

No original license to practice as an attorney, solicitor or counsellor shall be granted except by the Supreme Court. All applications for admission to the bar in the State shall be made by petition to the Supreme Court.
S.C. Code Ann. § 40-7-350 — SC Code / Title 40 / Chapter 7 / Section 40-7-350
SECTION 40-7-350. License required for barber colleges and instructors.
Status: in_force

(A) A license is required from the board to operate a barber school. A barber school may be operated in and as part of an accredited high school, career center, or technical school or college and must be licensed by the board. A barber school that is not part of a secondary school is considered a post-secondary school. The board may prescribe the curriculum of a barber school. (B) Barber school instructors must be licensed by the board. The instructors must have successfully passed an instructor's examination as prescribed by the board and have at least three years' experience as a practicing registered barber or master hair care specialist. Editor's Note Prior Laws:1956 (49) 1588; 1962 Code SECTION 56-278; 1967 (55) 392; 1976 Act No. 700 SECTION 8; 1981 Act No. 143, SECTION 6; 1989 Act No. 87, SECTION 9; 1976 Code SECTION 40-7-300. Effect of Amendment 2015 Act No. 44, SECTION 1, rewrote the section.
S.C. Code Ann. § 40-47-1590 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1590
SECTION 40-47-1590. Hearing before Administrative Law Court; grounds for revocation, suspension, or other discipline.
Status: in_force

(A) If, after investigation, it appears that the person registered pursuant to this article has become unfit to practice or has violated this article, the department shall file a petition with the Administrative Law Court, stating the facts and the particular statutes and regulations at issue. (B) The Administrative Law Court, after opportunity for hearing, may order that the registration be revoked, suspended, or otherwise disciplined in accordance with Section 40-1-120 on the grounds that the registrant: (1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act or omitted a material fact in obtaining registration pursuant to this article; (2) has had an authorization to practice a regulated profession or occupation in another state or jurisdiction canceled, revoked, or suspended, or has otherwise been disciplined by another jurisdiction; (3) has lost or let lapse an underlying credential that served as the basis of registration; (4) has intentionally used a false or fraudulent statement in a document connected with the practice of a registered cardiovascular invasive specialist; (5) has obtained fees or assisted in obtaining fees under fraudulent circumstances; or (6) has sustained a physical or mental disability or uses alcohol or drugs to such a degree as to render further practice as a registered cardiovascular invasive specialist dangerous to the public.
S.C. Code Ann. § 40-47-600 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-600
SECTION 40-47-600. Requirements for certification of respiratory care practitioners.
Status: in_force

An applicant for licensure as a respiratory care practitioner shall file a written application on forms provided by the board showing to the satisfaction of the committee and the board that the applicant has successfully passed the entry-level examination given by the National Board for Respiratory Care, Inc., or other examination or requirement as the committee may administer or approve.
S.C. Code Ann. § 40-53-170 — SC Code / Title 40 / Chapter 53 / Section 40-53-170
SECTION 40-53-170. Allegation and proof of valid license required in action or counterclaim relating to agreement or service for which license is required.
Status: in_force

No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or service for which a license is required by this chapter without alleging and proving that such person had a valid license at the time of making such agreement or performing such services.
S.C. Code Ann. § 40-58-60 — SC Code / Title 40 / Chapter 58 / Section 40-58-60
SECTION 40-58-60. Issuance of license; contents and posting; issuance as indication of approval of contracts by State or state agency; correction of errors; advertising.
Status: in_force

(A) Upon the filing of an application for a license, if the administrator finds that the financial responsibility, experience, character, and general fitness of the applicant, and of the members if the applicant is a partnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter and in accordance with all applicable state and federal laws, it shall license the applicant and issue a license. If the administrator does not so find, it shall refuse to license the applicant and shall notify him of the denial. (B) Upon the receipt of the license, the licensee is authorized to engage in the business for which the license was issued. (C) Each license issued to a licensee must state the address at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A license must be posted prominently in each place of business of the licensee. The license is not transferable or assignable. (D) Issuance of a license does not indicate approval or acceptance of any contract, agreement, or other document submitted in support of the application. A licensee may not represent that its services or contracts are approved by the State or a state agency. (E) If the information contained in any document filed with the administrator is or becomes inaccurate or incomplete in a material respect, the licensee promptly shall file a correcting amendment to the information contained in the document. (F) All advertisements of mortgage loans must comply with the Truth in Lending Act, 15 U.S.C. 1601, et seq., and the South Carolina Consumer Protection Code, Title 37. (G) Transitional licenses will be granted as authorized by and pursuant to the SAFE Act. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1998 Act No. 336, SECTION 7; 2005 Act No. 7, SECTION 1. Effect of Amendment 2017 Act No. 93, SECTION 12, added (G), authorizing transitional licenses; and made nonsubstantive changes.
S.C. Code Ann. § 40-7-20 — SC Code / Title 40 / Chapter 7 / Section 40-7-20
SECTION 40-7-20. Definitions.
Status: in_force

As used in this chapter: (1) "Practice of barbering" means any one or a combination of: (a) shaving or trimming a beard, cutting the hair, or hairstyling; (b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; (c) singeing, shampooing, or dyeing the hair or applying hair tonics or chemicals to wave, relax, straighten, or bleach the hair; (d) applying cosmetic preparations, antiseptics, powders, oils, clays, and lotions to the scalp, neck, or face; (e) cutting, shaping, fitting, styling, and servicing hair pieces, toupees, and wigs. (2) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. Hair braiding also includes the use of hair extensions, except when used in public places including, but not limited to, beaches, parks, and sidewalks. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTION 5250-32; 1952 Code SECTION 56-251; 1962 Code SECTION 56-251; 1971 (57) 904; 1976 Act No. 700, SECTION 2; 1985 Act No. 147, SECTION 1; 1976 Code SECTION 40-7-10. Effect of Amendment 2014 Act No. 283, SECTION 1, in paragraph (2), deleted the former exclusion for the definition relating to hair extensions or wefts, and added the second sentence.
S.C. Code Ann. § 40-75-60 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-60
SECTION 40-75-60. Adoption of rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and internal operations, and may promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 40-38-90 — SC Code / Title 40 / Chapter 38 / Section 40-38-90
SECTION 40-38-90. Participation in hearing by board member filing complaint or conducting investigation.
Status: in_force

If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
S.C. Code Ann. § 40-79-10 — SC Code / Title 40 / Chapter 79 / Section 40-79-10
SECTION 40-79-10. Act to be administered under South Carolina Contractors Licensing Board.
Status: in_force

The Alarm System Business Act must be administered under the South Carolina Contractors Licensing Board which, in its authority over the alarm system industry, shall protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide work to individuals, through the administration and enforcement of this chapter and Chapter 1, Title 40 and any regulation promulgated under this chapter.
S.C. Code Ann. § 40-22-60 — SC Code / Title 40 / Chapter 22 / Section 40-22-60
SECTION 40-22-60. Rules and regulations; seal; input to department.
Status: in_force

(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board shall adopt and have an official seal. (B) The board may promulgate regulations defining the requirements for licensure for each of the surveying disciplines enumerated in Section 40-22-20(26) and (27). (C) The board may advise and recommend action to the department in the development of statutory revisions, and such other matters as the department may request in regard to the administration of this chapter. Effect of Amendment 2016 Act No. 259, SECTION 5, in (B), substituted "Section 40-22-20(26) and (27)" for "Section 40-22-20(24)"; and added (C), relating to advice and recommendations.
S.C. Code Ann. § 40-3-300 — SC Code / Title 40 / Chapter 3 / Section 40-3-300
SECTION 40-3-300. Prohibition on entering into contract for professional services on any basis other than direct negotiations; exceptions.
Status: in_force

An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
S.C. Code Ann. § 40-63-50 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-50
SECTION 40-63-50. Powers and duties of board.
Status: in_force

(A) In addition to the powers and duties enumerated in Section 40-1-50, the board shall: (1) at the first meeting of the board in each calendar year, elect a president and vice-president from its membership. A majority of the appointed members of the board constitutes a quorum. Regular meetings must be held four times a year. Special meetings may be held upon the call of the president or any two members of the board. (2) have a seal and the impression must be attached to all official documents issued by it. The board shall keep a full record of all its proceedings and maintain a complete registry of all Licensed Social Workers. (B) The board may promulgate regulations necessary to carry out the provisions of this chapter. Editor's Note Prior Laws:1982 Act No. 453, SECTION 3; 1988 Act No. 568, SECTION 1; 1976 Code SECTION 40-63-20.
S.C. Code Ann. § 40-7-285 — SC Code / Title 40 / Chapter 7 / Section 40-7-285
SECTION 40-7-285. Practice by cosmetologist, esthetician, or manicurist in barbershop.
Status: in_force

Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter.
S.C. Code Ann. § 40-30-230 — SC Code / Title 40 / Chapter 30 / Section 40-30-230
SECTION 40-30-230. Grounds for denial of licensure to massage therapist applicant.
Status: in_force

(A) In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant for a massage therapist license or may take disciplinary action against an individual who: (1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for licensure pursuant to this chapter; (2) has had his license to practice massage therapy from another state or jurisdiction canceled, revoked, suspended, or otherwise restricted; (3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the board; (4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter; (5) has intentionally used a fraudulent statement in a document connected to the practice of massage therapy or has made false, deceptive, or misleading statements in the practice of massage therapy or in advertising; (6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances; (7) lacks the professional or ethical competence to practice massage therapy; (8) has been convicted of or has pled guilty to or nolo contendere to solicitation or prostitution, assault and battery, or other like offenses; to money laundering or other like offense; to a crime that directly relates to the practice or ability to practice massage therapy; to a crime involving moral turpitude; or to a violent crime as defined in Section 16-1-60, a felony that directly relates to the practice or ability to practice massage therapy during the previous five years, or a felony that reasonably relates to the ability to practice massage therapy and for which an essential element is dishonesty during the previous seven years; (9) has practiced massage therapy while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice massage therapy; (10) has sustained a physical or mental disability, as determined by a physician that renders further practice by the licensee dangerous to the public; (11) has engaged in or has assisted another to engage in unlicensed practice as provided in this chapter; (12) has presented another licensee's license as his own or has falsely impersonated another license holder; (13) has allowed the use of a license by an unlicensed individual or entity; or (14) has used or attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure. (B) The board may not deny an individual a license under this chapter solely because of a prior criminal conviction unless the criminal conviction directly relates to the practice of massage therapy. However, the board may refuse to issue a license under this chapter based upon all information available, including the applicant's record of prior convictions, if it finds that the applicant is unfit or unsuited to engage in the practice of massage therapy, pursuant to Section 40-1-140. Effect of Amendment The 2013 amendment, in the first paragraph, deleted "disciplinary" before "panel taking disciplinary action"; deleted former subsection (7), relating to conduct; redesignated former subsections (8) through (11) as (7) through (10); rewrote subsection (8); and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-57-65 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-65
SECTION 40-57-65. Annual report.
Status: in_force

The commission shall submit an annual report in accordance with established guidelines to the department and the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 40-82-210 — SC Code / Title 40 / Chapter 82 / Section 40-82-210
SECTION 40-82-210. Civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
S.C. Code Ann. § 40-53-70 — SC Code / Title 40 / Chapter 53 / Section 40-53-70
SECTION 40-53-70. Qualifications of licensees.
Status: in_force

A person is qualified to receive a license as an examiner if he: (1) is at least twenty-one years of age; (2) is a citizen of the United States; (3) establishes that he is a person of honesty, truthfulness, integrity, and moral fitness; (4) has not been convicted of a felony or a misdemeanor involving moral turpitude; (5) holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or is a graduate of an accredited high school and has five consecutive years of active investigative experience immediately preceding his application; (6) is a graduate of a polygraph examiners' course approved by the division and satisfactorily has completed not less than six months of internship training. However, if the applicant is not a graduate of an approved polygraph examiners' course, satisfactory completion of not less than twelve months of internship training may satisfy this item; (7) has passed an examination conducted by the division or under its supervision to determine his competency to obtain a license to practice as an examiner; (8) before the issuance of a license, furnishes to the division evidence of a surety bond, insurance policy, or other surety acceptable to the division. The surety bond, insurance policy, or other surety acceptable to the division must be five thousand dollars and conditioned that the obligor will pay to the extent of the face amount of the surety bond, insurance policy, or other surety acceptable to the division judgments which may be recovered against the licensee by reason of wrongful or illegal acts committed by him in the course of his examinations. To retain licensure a surety bond, insurance policy, or other surety acceptable to the division must be maintained, and a change in coverage must be reported to the division within thirty days.
S.C. Code Ann. § 40-19-265 — SC Code / Title 40 / Chapter 19 / Section 40-19-265
SECTION 40-19-265. Permit requirements for funeral homes.
Status: in_force

(A) A permit for a funeral home may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290. (B) A permit for a branch funeral home may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290; (7) provides the name of the parent funeral home. (C) A permit for a retail sales outlet may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) is in full compliance with Section 40-19-290. (D) A permit for a crematory may be issued if the applicant: (1) submits an application on a form approved by the board; (2) submits to and successfully passes an inspection approved by the board; (3) submits the applicable nonrefundable fee; (4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of seventy-five miles of the establishment; (5) possesses the necessary equipment or merchandise, or both, required by regulation; (6) is in full compliance with Section 40-19-290; (7) provides evidence of employment of a factory-trained operator. (E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business. Effect of Amendment 2024 Act No. 223, SECTION 16, in (A)(4), (B)(4), and (D)(4), substituted "seventy-five" for "twenty-five", and made a nonsubstantive change.
S.C. Code Ann. § 40-81-400 — SC Code / Title 40 / Chapter 81 / Section 40-81-400
SECTION 40-81-400. Timekeeper licenses.
Status: in_force

In order to be licensed as a timekeeper, an applicant shall submit a completed application with payment of the prescribed fee.
S.C. Code Ann. § 40-22-120 — SC Code / Title 40 / Chapter 22 / Section 40-22-120
SECTION 40-22-120. Civil fines and other penalties.
Status: in_force

(A) If a majority of the board sustains the charges against the offending party, the board may levy a civil fine, as well as reprimand, suspend, refuse licensure, require requalification, or revoke the certificate of registration, as appropriate. (B) The board may require the offending party to pay a fine of not more than one thousand dollars to the board for each violation of a provision of this chapter or a regulation promulgated by the board; however, the total of the fines imposed for these violations may not exceed twenty thousand dollars. (C) A final order of the board disciplining a licensee under this chapter is public information in accordance with Section 40-1-120(C).
S.C. Code Ann. § 40-11-380 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-380
SECTION 40-11-380. Notification of bankruptcy of licensee.
Status: in_force

A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.
S.C. Code Ann. § 40-51-60 — SC Code / Title 40 / Chapter 51 / Section 40-51-60
SECTION 40-51-60. Board to determine fee for practicing podiatry.
Status: in_force

Any person desiring to enter into the practice of podiatry in this State shall pay a fee to be determined by regulation of the board.
S.C. Code Ann. § 40-38-210 — SC Code / Title 40 / Chapter 38 / Section 40-38-210
SECTION 40-38-210. Additional civil penalties and injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
S.C. Code Ann. § 40-33-115 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-115
SECTION 40-33-115. Jurisdiction of the board.
Status: in_force

The board has jurisdiction over the acts and omissions of current and former licensees as provided in Section 40-1-115.
S.C. Code Ann. § 40-30-220 — SC Code / Title 40 / Chapter 30 / Section 40-30-220
SECTION 40-30-220. Cease and desist orders; temporary restraining orders.
Status: in_force

(A) If the board or the department has reason to believe that an individual or an entity is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, the board may order an individual or an entity to immediately cease and desist from engaging in the conduct. If the individual is practicing massage therapy or an entity is operating a massage therapy establishment or sole practitioner establishment without being licensed pursuant to this chapter, then the board or the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The board or the department may also seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter. (B) A board member, the director of the department, or any other employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order. Effect of Amendment The 2013 amendment, in the last paragraph of subsection (A), substituted "A panel member" for "No disciplinary panel member", and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-2-200 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-200
SECTION 40-2-200. Violations; penalty.
Status: in_force

A person or firm who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year, or both. Effect of Amendment 2022 Act No. 174, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 40-81-230 — SC Code / Title 40 / Chapter 81 / Section 40-81-230
SECTION 40-81-230. Issuance of licenses.
Status: in_force

The commission shall issue licenses pursuant to this chapter as follows: (1) boxer; (2) wrestler; (3) manager; (4) second; (5) trainer; (6) announcer; (7) promoter; (8) promoter's representative; (9) referee; (10) judge; (11) timekeeper; (12) matchmaker; (13) professional kickboxer; (14) mixed martial arts contestant.
S.C. Code Ann. § 40-51-130 — SC Code / Title 40 / Chapter 51 / Section 40-51-130
SECTION 40-51-130. Display of licenses.
Status: in_force

A license must be conspicuously displayed at the place of practice within thirty days of its issue.
S.C. Code Ann. § 40-19-320 — SC Code / Title 40 / Chapter 19 / Section 40-19-320
SECTION 40-19-320. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-55-100 — SC Code / Title 40 / Chapter 55 / Article 1 / Section 40-55-100
SECTION 40-55-100. Examinations.
Status: in_force

Examinations of applicants for a license to practice psychology shall be conducted by the board at least once a year. The examinations shall be written or oral or both. In any written examination such applicant shall be designated by a number instead of his name so that his identity shall not be disclosed to the members of the board until the examination papers have been graded. The board shall establish a passing score for the written examination. A candidate shall be held to have passed the oral examination upon the affirmative vote of a majority of board members currently serving. Any unsuccessful candidate shall receive written evaluation of his performance on the oral examination.
S.C. Code Ann. § 40-77-210 — SC Code / Title 40 / Chapter 77 / Section 40-77-210
SECTION 40-77-210. Injunctive relief.
Status: in_force

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
S.C. Code Ann. § 40-67-260 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-260
SECTION 40-67-260. License renewal; conditions; continuing education; records.
Status: in_force

(A) As a condition of license renewal, a speech-language pathologist or audiologist shall satisfactorily complete sixteen hours of approved continuing education or 1.6 continuing education units (CEUs) during each license period. (B) As a condition of an intern license renewal, a speech-language pathologist or audiologist shall satisfactorily complete eight hours of approved continuing education or 0.8 CEUs during each license period. (C) As a condition of an assistant license renewal, a speech-language pathology assistant shall satisfactorily complete eight hours of approved continuing education or 0.8 CEUs during each license period. (D) Continuing education must be reported on forms and in the time and manner specified by the board in regulation. (E) A licensee shall maintain records of continuing education hours or CEUs earned for a period of four years, and these records must be made available to the director or his designee upon request for an audit that the board biennially may conduct. Effect of Amendment 2014 Act No. 167, SECTION 4, in subsection (E), substituted "biennially" for "annually". 2019 Act No. 34, SECTION 3, in (A), substituted "shall" for "must" and "of approved continuing education or 1.6 continuing education units (CEUs) during each" for "per license of approved continuing education per"; in (B), substituted "shall" for "must" and "of approved continuing education or 0.8 continuing education units (CEUs) during each" for "per license of approved continuing education per"; in (C), substituted "shall" for "must" and "or 0.8 CEUs during each" for "per"; and in (E), substituted "A licensee shall" for "A licensee must", inserted "or CEUs" following "continuing education hours", and substituted "his designee" for "the director's designee" and "an audit that the board biennially may conduct" for "audits that the board may conduct biennially".
S.C. Code Ann. § 40-47-50 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-50
SECTION 40-47-50. Administrative support; fees to cover costs of operation of board; maintenance of records.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) Initial fees must be established by the board in statute or regulation and must serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board. (C) The administrator shall maintain a record of each formal complaint and of all final decisions on complaints, which must be retained permanently as part of the records of the board.
S.C. Code Ann. § 40-35-180 — SC Code / Title 40 / Chapter 35 / Section 40-35-180
SECTION 40-35-180. Payment of costs and fines.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Chapter 1 and to the collection provisions of the Department of Revenue for delinquent fines. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-59-620 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-620
SECTION 40-59-620. Applicability of building code in effect at time of construction.
Status: in_force

When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-290.
S.C. Code Ann. § 40-75-200 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-200
SECTION 40-75-200. Violations of chapter; penalty.
Status: in_force

(A) A person who practices or offers to practice as a counselor or therapist in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both. (B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
S.C. Code Ann. § 40-59-70 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-70
SECTION 40-59-70. Promulgation of regulations.
Status: in_force

The commission may promulgate regulations as may be necessary to effectuate the provisions of this chapter. Editor's Note Prior Laws:1962 Code SECTION 56-1545.42; 1974 (58) 1949; 1990 Act No. 595, SECTION 14; 1976 Code SECTION 40-59-120.
S.C. Code Ann. § 40-75-960 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-960
SECTION 40-75-960. Active duty military personnel or their spouses.
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in Section 40-75-950.
S.C. Code Ann. § 40-19-250 — SC Code / Title 40 / Chapter 19 / Section 40-19-250
SECTION 40-19-250. Continuing education program; persons exempt.
Status: in_force

The board shall develop in regulation a continuing education program and each licensee must attend a minimum of four credit hours annually, of which one credit hour must be an ethics in funeral service course. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants. Three of the four required hours must be available through correspondence courses, with at least two of the four hours requiring the physical attendance of the licensee. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years and is sixty years old or older. Effect of Amendment 2024 Act No. 223, SECTION 15, rewrote the section.
S.C. Code Ann. § 40-39-160 — SC Code / Title 40 / Chapter 39 / Section 40-39-160
SECTION 40-39-160. Violations of Sections 40-39-80, 40-39-90, 40-39-100, 40-39-110, and 40-39-130; pledgor's cause of action against pawnbroker.
Status: in_force

(1) If a pawnbroker violates Section 40-39-80, 40-39-100, 40-39-110, or 40-39-130, the pledgor has a cause of action to recover from the pawnbroker actual damages and the right in an action other than a class action to recover from the person violating these provisions a penalty in an amount to be determined by the court of not less than one hundred nor more than one thousand dollars. No action pursuant to this subsection may be brought more than one year after the scheduled or accelerated maturity of the debt. (2) A pledgor is not obligated to pay a charge in excess of that allowed by this chapter, and has a right of refund of any excess charge paid within ten days of written demand. A refund may not be made by reducing the consumer's obligation by the amount of the excess charge unless the pawnbroker has notified the pledgor that the pledgor may request a refund and the pledgor has not so requested within ten days thereafter. (3) In an action in which it is found that a pawnbroker has violated this chapter, the court shall award to the pledgor the costs of the action and to the pledgor's attorney reasonable fees. In determining attorney's fees the amount of recovery on behalf of the consumer is not controlling. (4) Liability to the pledgor for violation of Section 40-39-130 is in lieu of and not in addition to his liability under the Federal Truth in Lending Act. No action with respect to the same violation may be maintained pursuant to both subsection (1) of this section and the Federal Truth in Lending Act. (5) A pawnbroker who knowingly and intentionally violates the provisions of Section 40-39-90 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. A violation of the provisions of this section is triable in magistrates or municipal court, as appropriate. Effect of Amendment 2018 Act No. 191, SECTION 4, added (5), relating to violations of Section 40-39-90.
S.C. Code Ann. § 40-85-130 — SC Code / Title 40 / Chapter 85 / Section 40-85-130
SECTION 40-85-130. Board authority to take disciplinary actions and impose civil penalties.
Status: in_force

In addition to the sanctions the board may impose against a person pursuant to this chapter, the board may take disciplinary action against a person as provided in Section 40-1-120, and also may impose a civil penalty of not more than two thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter, the total penalty not to exceed ten thousand dollars.
S.C. Code Ann. § 40-63-640 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-640
SECTION 40-63-640. Binding effect of compact and other laws.
Status: in_force

(A) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including scope of practice, of the remote state where the client is located at the time care is rendered. (B) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (C) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict. (D) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states. (E) All permissible agreements between the commission and the member states are binding in accordance with their terms. (F) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-22-80 — SC Code / Title 40 / Chapter 22 / Section 40-22-80
SECTION 40-22-80. Investigations of violations; subpoenas; administration of oaths and taking of testimony; charges.
Status: in_force

(A) If the board or the director of the Department of Labor, Licensing and Regulation has reason to believe that a person has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation charging a person or a business with a violation of a provision of this chapter or a regulation promulgated under this chapter, the board may initiate an investigation. (B) In accordance with Section 40-1-80, the board, under the hand of its chairman and the seal of the board, may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. Upon failure of an individual or firm to obey a subpoena or to answer questions propounded by the board, the board may apply to an administrative law judge for an order requiring the person or firm to comply. (C) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant and charges of unlicensed practice against nonregistrants. The charges must be in writing, supported by affidavit of specific wrongdoing, and filed with the chairman of the board. All charges, unless dismissed by the board as unfounded, trivial, or otherwise without merit, must be investigated by the board to determine if a hearing is warranted. (D) The board may not consider charges in a matter that would otherwise be precluded by prevailing statutes of limitation or repose. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTIONS 40-22-380, 40-22-400.
S.C. Code Ann. § 40-35-60 — SC Code / Title 40 / Chapter 35 / Section 40-35-60
SECTION 40-35-60. Rules and regulations.
Status: in_force

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Editor's Note Prior Laws:1962 Code SECTION 56-1704; 1970 (56) 2085; 1980 Act No. 390, SECTION 3;1990 Act No. 605, SECTION 1; 1997 Act No. 66, SECTION 1; 1976 Code SECTION 40-35-40.
S.C. Code Ann. § 40-47-34 — SC Code / Title 40 / Chapter 47 / Article 1 / Section 40-47-34
SECTION 40-47-34. Special volunteer licenses; waiver of fees; restrictions; qualifications.
Status: in_force

(A) The board shall waive all application fees, examination fees, and annual reregistration fees for an applicant who applies for a special volunteer license and who otherwise meets permanent licensure requirements if the applicant documents, to the satisfaction of the board, that practice is to be exclusively and totally devoted to providing medical care to the needy and indigent in this State. To be eligible for the waiver of these fees, an applicant shall acknowledge that there is no expectation of payment or compensation for any medical services rendered, or compensation or payment to the applicant, either direct or indirect, monetary or in-kind, for the provision of medical services. A special volunteer license entitles the licensee to apply for individual controlled substance registration through the Department of Health and Environmental Control. (B) A special volunteer license may be issued to a qualified applicant upon approval by the board. Practice must be limited to each specific site and practice setting approved by the board. There must be no licensure or other fees associated with a special volunteer license. (C) Requirements for a special volunteer license are as follows: (1) satisfactory completion of a special volunteer license application, including documentation of medical or osteopathic school graduation and practice history; (2) documentation of specific proposed practice location; (3) documentation that the applicant previously has been issued an unrestricted license to practice medicine in South Carolina or in another state of the United States or Canada and that the applicant has never been the subject of any significant disciplinary action in any jurisdiction; (4) documentation that the applicant shall only practice under the supervision of a supervising physician approved by the board. In order to ensure that public health, safety, and welfare are protected, the board shall review the proposed supervisory relationship to ensure that the physician supervisor is competent to supervise the special volunteer licensee. Factors the board shall consider include, but are not limited to, the training and practice experience of the supervising physician, the current nature and extent of the supervising physician's practice, the existence of any recent demonstration of the supervising physician's clinical competency, and the number of special volunteer licensees the physician proposes to supervise; (5) documentation of the name of the supervising physician and that the physician has agreed to accept this supervisory responsibility. Supervising physicians shall possess an active, unrestricted permanent license to practice medicine in this State. An approved supervising physician physically must be on the premises whenever a special volunteer licensee is practicing medicine; (6) documentation and acknowledgement that the applicant may not receive payment or compensation, either direct or indirect, or have any expectation of payment or compensation for medical services rendered, and the supervising physician may not receive compensation or payment as the result of the special volunteer licensee's provision of medical services.
S.C. Code Ann. § 40-41-70 — SC Code / Title 40 / Chapter 41 / Article 1 / Section 40-41-70
SECTION 40-41-70. Sales prohibited within one-half mile of religious meeting.
Status: in_force

It shall be unlawful for any itinerant trader or tradesman, other than an established dealer of the community, to offer for sale any goods, wares or merchandise within one half of a mile of any camp ground or other place of religious meeting, while meetings are in progress, outside any incorporated town or city, except with the permission of the trustees or other board of management of such meeting. But this section shall not apply to vendors of fresh fruit or vegetables or any farm product. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding fifty dollars or be imprisoned not exceeding twenty days.
S.C. Code Ann. § 40-13-330 — SC Code / Title 40 / Chapter 13 / Section 40-13-330
SECTION 40-13-330. Contracts between schools and students.
Status: in_force

The owner, or an owner's designee, of a school shall enter into a board-approved written contract with each student before permitting the student to attend classes. The original contract must be retained by the school and a copy given to the student. The contract shall contain certification that the student is at least sixteen years of age or will have attained that age before completing the course of instruction and that the student possesses at least a tenth grade education, as certified by the school last attended, or the equivalent as established by tests used in public schools or approved by the board. Editor's Note Prior Laws:1953 (48) 432; 1962 Code SECTION 56-472.3; 1966 (54) 2410; 1982 Act No. 388; 1976 Code SECTION 40-13-200.
S.C. Code Ann. § 40-13-170 — SC Code / Title 40 / Chapter 13 / Section 40-13-170
SECTION 40-13-170. Payment of costs by violator.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-67-60 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-60
SECTION 40-67-60. Election of chairman, vicechairman and other officers; meetings; quorum; adoption of rules and procedures; seal; positive majority vote.
Status: in_force

(A) The board annually shall elect from among its members a chairman, vicechairman, and other officers as the board determines necessary. (B) The board shall meet quarterly and at other times upon the call of the chairman or a majority of the board. (C) Three members of the board constitute a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum. (D) The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings. (E) The board may have and use an official seal bearing the name of the board. (F) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
S.C. Code Ann. § 40-55-370 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-370
SECTION 40-55-370. Adverse actions.
Status: in_force

(A) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state. (B) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice. (C)(1) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E. Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked. (2) All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission. (3) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission. (4) Other actions may be imposed as determined by the rules promulgated by the commission. (D) A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license. (E) A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice. (F) Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program. (G) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (C).
S.C. Code Ann. § 40-45-50 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-50
SECTION 40-45-50. Administrative and fiscal responsibilities of board to be provided by Department of Labor, Licensing and Regulation; establishment of fees.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) The board shall establish fees in regulation. (C) The board may direct applicants to pay an examination fee directly to a third party who has contracted to administer the examination. (D) Fees are nonrefundable and may be prorated in order to comply with a biennial schedule.
S.C. Code Ann. § 40-33-1320 — SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1320
SECTION 40-33-1320. Applications for licensure in a party state.
Status: in_force

(A) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether: (1) the applicant has ever held, or is the holder of, a license issued by another state; (2) there is an encumbrance on a license or multistate licensure privilege held by the applicant; (3) an adverse action has been taken against a license or multistate licensure privilege held by the applicant; and (4) the applicant is currently participating in an alternative program. (B) A nurse may hold a multistate license, issued by the home state, in only one party state at a time. (C) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission, provided: (1) the nurse may apply for licensure in advance of a change in primary state of residence; and (2) the new home state may not issue a multistate license until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state. (D) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Licensees to only be licensed in home state; change of primary state of residence.
S.C. Code Ann. § 40-67-100 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-100
SECTION 40-67-100. Restraining orders and cease and desist orders.
Status: in_force

Restraining orders and cease and desist orders must be issued in accordance with Section 40-1-100.
S.C. Code Ann. § 40-10-230 — SC Code / Title 40 / Chapter 10 / Section 40-10-230
SECTION 40-10-230. Contractors or persons to whom chapter not applicable.
Status: in_force

The provisions of this chapter do not apply to: (1) licensed mechanical plumbing contractors holding a group four or five plumbing classification who install standpipe systems, including hose connections, hose cabinets, and related branch lines if they do not supply water to fire sprinkler systems. Under this exception for these systems, shop drawings must be submitted and approved by the State Fire Marshal's Office or his designee before installation, and the installation must comply with NFPA Standard 14; (2) a manufacturer's factory trained and certified individual or entity performing maintenance or repair on fire pumps, fire pump control panels, and fire pump drivers; a manufacturer's factory trained and certified individual or entity shall contact the authority having jurisdiction to approve the work and witness any testing that is required by NFPA standards; (3) licensed mechanical contractors holding a group four or five plumbing classification performing emergency repair work on a fire sprinkler system if the total cost of the labor does not exceed one thousand dollars per occurrence; the plumbing contractor shall contact the authority having jurisdiction to approve the work and witness any testing that is required by NFPA standards; (4) persons engaged in emergency repair work of fire sprinkler systems on their own property or that of their full-time employer or persons engaged in the repair, maintenance, testing, or inspection of a fire sprinkler system, water spray system, or water foam system, who are employed by a public institution of the State, as defined in Section 59-103-5, to repair, maintain, test, or inspect fire sprinkler systems, water spray systems, or water foam systems on property owned by the public institution, provided that such work shall be conducted by persons under the direct control or supervision of a person holding certification in NICET Level III, Inspection and Testing of Water Based Systems; provided that the State Fire Marshal may review inspection and maintenance records upon request; and provided that the public institution shall remain responsible for the actions or omissions of its employees exempted under this subsection; (5) an individual or entity who is certified by and has successfully passed the Department of Health and Environmental Control (DHEC) approved backflow prevention assembly training seminar and who holds a current Tester Certification Certificate to test backflow prevention assemblies. The backflow test must be conducted in accordance with applicable NFPA Standards. DHEC's certified tester assumes full responsibility and liability when testing the backflow prevention assembly; the appropriate people must be notified including, but not limited to, the fire department, fire marshal, customer/owner, building official, or insurance company, when the backflow prevention assembly is shut down for testing; if repairs to the backflow prevention assembly are necessary, any such repair must be made by a DHEC certified backflow prevention assembly tester; (6) licensed water and sewer line contractors holding a group four or five classification limitation installing underground water mains, hydrant mains, fire pumps, and fire hydrants, or fire protection sprinkler system underground mains to a flanged outlet 1'- 0" above the finished floor in compliance with National Fire Protection Association Standard 24. The water and sewer line contractor shall use design or shop drawings approved by the State Fire Marshal's Office or his designee. Flushing and testing certificates must be delivered to the authority having jurisdiction and upon request to the performing licensed fire sprinkler contractor. General contractors in this license classification may not engage in water and sewer line work from the right-of-way to a residential structure unless the entity is a subcontractor to a licensee holding a plumbing classification; (7) an individual who installs, repairs, trouble shoots, provides diagnostic analysis, or provides services in any manner to a backflow prevention assembly if the individual has current certification from the Department of Health and Environmental Control approved backflow assembly prevention training seminar and has completed some level of educational training or certification with backflow prevention assembly. (8) properly licensed alarm and electrical contractors that connect to a fire sprinkler system for the purpose of monitoring the activation of the system.
S.C. Code Ann. § 40-47-1760 — SC Code / Title 40 / Chapter 47 / Article 11 / Section 40-47-1760
SECTION 40-47-1760. Fees.
Status: in_force

The board may levy fees in an amount sufficient to administer the requirements of this article.
S.C. Code Ann. § 40-60-115 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-115
SECTION 40-60-115. Board jurisdiction.
Status: in_force

The board has jurisdiction over the actions committed or omitted by current and former licensees as provided in Section 40-1-115.
S.C. Code Ann. § 40-37-360 — SC Code / Title 40 / Chapter 37 / Section 40-37-360
SECTION 40-37-360. Price of eyeglasses.
Status: in_force

Nothing contained in this chapter or any other provision of law may be construed to restrict or set the price that may be charged for eyeglasses. Editor's Note Prior Laws:1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-270.
S.C. Code Ann. § 40-47-725 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-725
SECTION 40-47-725. Licensing of current acupuncture practitioners.
Status: in_force

(A)(1) An acupuncturist who is currently approved by the board to practice acupuncture in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting: (a) a completed application as prescribed by the board; (b) fees as provided for in Section 40-47-800. (2) However, a license issued pursuant to subsection (A)(1) is only valid for two years. Thereafter for license renewal, the individual must hold an active certification from the National Commission for the Certification of Acupuncture and Oriental Medicine and satisfy the licensure and renewal requirements prescribed in this article. (B) An individual who has continuously practiced acupuncture in this State since 1980, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting: (1) a completed application as prescribed by the board; and (2) fees as provided for in Section 40-47-800.
S.C. Code Ann. § 40-30-20 — SC Code / Title 40 / Chapter 30 / Section 40-30-20
SECTION 40-30-20. Application of chapter; conflict of laws.
Status: in_force

Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to massage therapists, massage therapy establishments, and sole practitioner establishments licensed pursuant to this chapter; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, then the provisions of this chapter control. Editor's Note Prior Laws: Former SECTION 40-30-20 was titled Purpose, and had the following history: 1986 Act No. 467, SECTION 3; 1996 Act No. 387, SECTION 1. See now, Code 1976 SECTION 40-30-10.
S.C. Code Ann. § 40-37-290 — SC Code / Title 40 / Chapter 37 / Section 40-37-290
SECTION 40-37-290. Purchasing, prescribing, and administering pharmaceutical agents.
Status: in_force

Notwithstanding any other provision of law, an optometrist may purchase, possess, administer, supply, and prescribe pharmaceutical agents, including oral and topically applied medications other than Schedule I and II controlled substances as defined in Section 44-53-110 except controlled substances that have been reclassified from Schedule III to Schedule II effective on or after October 6, 2014, may continue to be purchased, possessed, administered, supplied, and prescribed by an optometrist, for diagnostic and therapeutic purposes in the practice of optometry, except that: (1) when prescribing oral and topically applied medications, an optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics for the treatment of ocular and ocular adnexal eye disease. An optometrist may only prescribe these medications for the treatment of ocular and ocular adnexal eye disease; (2) when prescribing medications for the treatment of ocular and ocular adnexal disease, documentation in the patient's chart and appropriate consultations and referrals must be in accordance with the standard of care provided for in Section 40-37-310(E); (3) when prescribing analgesics, the prescription must be limited to a seven-day supply; (4) when prescribing topical steroids, if after twenty-one days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist; (5) no medications may be given by injection or intravenously. Editor's Note Prior Laws:1984 Act No. 312, SECTION 3; 1993 Act No. 65, SECTION 5; 1976 Code SECTION 40-37-105. Effect of Amendment 2015 Act No. 43, SECTION 1, in the introductory paragraph, inserted the exception for reclassified controlled substances.
S.C. Code Ann. § 40-1-45 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-45
SECTION 40-1-45. Public and consumer members of boards and panels.
Status: in_force

The department, in consultation with currently serving board members, the Office of the Governor, members of professional and industry associations, and the general public shall encourage public and consumer membership and participation on all boards and panels associated with the department. Public and consumer membership may not include current or former, active or inactive members of the profession or occupation being regulated. Public and consumer members have the same rights and responsibilities as professionally or occupationally-related board members and shall participate fully in all discussions, deliberations, decisions, and votes of the board or panel on which they serve unless otherwise prohibited by statute or regulation.
S.C. Code Ann. § 40-65-45 — SC Code / Title 40 / Chapter 65 / Section 40-65-45
SECTION 40-65-45. Persons eligible without examination.
Status: in_force

An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he holds a certificate of registration in the practice of soil classifying awarded on the basis of comparable qualifications and issued to him by a proper authority of another state, possession, or territory of the United States and who in the opinion of the department meets the requirements of this chapter. Editor's Note Prior Laws:1962 Code SECTION 56-1546.41; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code SECTION 40-65-110.
S.C. Code Ann. § 40-59-290 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-290
SECTION 40-59-290. Severability.
Status: in_force

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
S.C. Code Ann. § 40-29-90 — SC Code / Title 40 / Chapter 29 / Section 40-29-90
SECTION 40-29-90. Jurisdiction of the board.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
S.C. Code Ann. § 40-30-280 — SC Code / Title 40 / Chapter 30 / Section 40-30-280
SECTION 40-30-280. Service of notice upon nonresident.
Status: in_force

(A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the director of the department or his designee a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director or his designee must be mailed to the licensee at his last known address, return receipt requested. The director or his designee shall keep a record of the day of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department. (B) A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard. Effect of Amendment 2022 Act No. 151, SECTION 2, in (A), in the first sentence, substituted "director of the department or his designee" for "Director of the Department of Labor, Licensing and Regulation", in the second and third sentences, inserted "or his designee" following "director".
S.C. Code Ann. § 40-6-250 — SC Code / Title 40 / Chapter 6 / Section 40-6-250
SECTION 40-6-250. License required.
Status: in_force

Unless exempt from licensure under Section 40-6-370, no person shall sell or offer to sell goods or real estate at auction in this State or perform an act for which an auctioneer or apprentice auctioneer license is required unless the person holds a currently valid license issued under this chapter. Editor's Note Prior Laws:1977 Act No. 111, SECTION 5; 1985 Act No. 171, SECTION 1; 1993 Act No. 155, SECTION 6; 1976 Code SECTION 40-6-50.
S.C. Code Ann. § 40-54-60 — SC Code / Title 40 / Chapter 54 / Section 40-54-60
SECTION 40-54-60. Permit required for possession of certain equipment.
Status: in_force

Possession of equipment which has been used, or is being used for the melting, crushing or altering of the precious metals is unlawful unless possessed by a dealer with a valid permit as provided in SECTION 40-54-20.
S.C. Code Ann. § 40-11-70 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-70
SECTION 40-11-70. Powers of board.
Status: in_force

In addition to powers and duties provided in Article 1, Chapter 1, the board may: (1) establish a time limit beyond which an initial complaint may not be considered; (2) establish a procedure for receiving complaints which protects the anonymity of the person filing the complaint; (3) order an entity or individual found in violation of this chapter or a regulation promulgated under this chapter to take remedial action; (4) establish guidelines for identifying substandard construction work.
S.C. Code Ann. § 40-69-170 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-170
SECTION 40-69-170. Assessment of costs.
Status: in_force

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-37-200 — SC Code / Title 40 / Chapter 37 / Section 40-37-200
SECTION 40-37-200. Penalties for unlawful practice.
Status: in_force

(A) It is unlawful for a person to practice optometry in violation of this chapter, and a person committing such a violation, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. (B) In addition to the penalty provided in this section, optical supplies involved in the unlicensed practice of optometry in violation of this chapter must be confiscated and delivered to the law enforcement agency with jurisdiction where the violation occurred, and these supplies are considered contraband material as provided for in law. (C) Penalties provided for in this chapter or in Article 1, Chapter 1 of Title 40 apply to a corporation, association, or person aiding and abetting in committing a violation. Editor's Note Prior Laws:Prior laws: 1917 (30) 1; Civ. C. '22 SECTION 2467; Cr. C. '22 SECTION 392; 1932 Code SECTION 5246; 1942 Code SECTION 5246; 1952 Code SECTION 56-1080; 1962 Code SECTION 56-1080; 1978 Act No. 570, SECTION 10; 1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-240.
S.C. Code Ann. § 40-38-170 — SC Code / Title 40 / Chapter 38 / Section 40-38-170
SECTION 40-38-170. Payment of investigation and prosecution costs by violator.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-23-310 — SC Code / Title 40 / Chapter 23 / Section 40-23-310
SECTION 40-23-310. Water distribution system operator licenses.
Status: in_force

(A) A person employed as an operator of a public water distribution system facility must hold a water distribution system operator license issued by the board in the certification class as required by this section. The required certification class must be determined based upon the distribution group of the public water distribution system facility where the operator is employed, as established by the Department of Health and Environmental Control pursuant to Section 44-55-40(L). The certification class required for each distribution group is as follows: (1) Group I distribution facilities do not require a certified operator. (2) Group II distribution facilities require operators with at least a Class "D" certification. (3) Group III distribution facilities require operators with at least a Class "C" certification. (4) Group IV distribution facilities require operators with at least a Class "B" certification. (5) Group V distribution facilities require operators with at least a Class "A" certification. (B)(1) To be licensed by the board as a Trainee Water Distribution System Operator, an applicant must submit an application on forms approved by the board and the prescribed fee. (2) To be licensed by the board as a Class "D" Water Distribution System Operator, an applicant must: (a) hold a valid Trainee Operator license; (b) have completed high school or the equivalent; (c) pass an examination approved by the board; (d) have completed at least one year of actual operating experience as an operator of a public water distribution system facility; and (e) submit an application on forms approved by the board and the prescribed fee. (3) To be licensed by the board as a Class "C" Water Distribution System Operator, an applicant must: (a) hold a valid Class "D" operator certification; (b) pass an examination approved by the board; (c) have completed at least two years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (4) To be licensed by the board as a Class "B" Water Distribution System Operator, an applicant must: (a) hold a valid Class "C" operator certification; (b) pass an examination approved by the board; (c) have completed at least three years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. (5) To be licensed by the board as a Class "A" Water Distribution System Operator, an applicant must: (a) hold a valid Class "B" operator certification; (b) pass an examination approved by the board; (c) have completed at least four years of actual operating experience as an operator of a public water distribution system facility or the equivalent; and (d) submit an application on forms approved by the board and the prescribed fee. Editor's Note Prior Laws:2000 Act No. 322, SECTION 7; 2000 Act No. 325, SECTION 6. Effect of Amendment 2014 Act No. 156, SECTION 6, in subsection (B)(1), deleted former paragraph designators, and deleted text relating to age and education requirements; in subsection (B)(2), added paragraph (b), relating to high school education, and redesignated the remaining paragraphs accordingly.
S.C. Code Ann. § 40-29-95 — SC Code / Title 40 / Chapter 29 / Section 40-29-95
SECTION 40-29-95. Financial responsibility requirements.
Status: in_force

(A) The board shall consider the financial responsibility of an applicant as determined by this section and regulations promulgated by the board. (B) A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty thousand dollars or a credit score of less than seven hundred must appear before the board. (C) Should the board license an applicant who is unable to meet the financial responsibility guidelines of this section or the regulations of the board, then the board may modify or restrict the activities of the licensee.
S.C. Code Ann. § 40-23-180 — SC Code / Title 40 / Chapter 23 / Section 40-23-180
SECTION 40-23-180. Costs and fines; collection and enforcement.
Status: in_force

All costs and fines imposed pursuant to this chapter must be paid in accordance with, and are subject to, the collection and enforcement provisions of Section 40-1-180.
S.C. Code Ann. § 40-81-460 — SC Code / Title 40 / Chapter 81 / Section 40-81-460
SECTION 40-81-460. Denial or suspension of boxing license.
Status: in_force

(A) A boxer who sustains a succession of six defeats or a series of knockouts or technical knockouts in any state or jurisdiction may be subject to licensure denial or suspension. (B) No boxer is permitted to box while under suspension from any boxing commission due to: (1) a recent knockout, technical knockout, or series of consecutive losses; (2) an injury, requirement for a medical procedure, or physician denial of certification; (3) failure of a drug test; or (4) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents. (C) The commission shall honor all suspensions listed on the Association of Boxing Commissions' National Suspension List. No participant shall be licensed in this State until the suspending jurisdiction has removed the suspension and the Association of Boxing Commissions' National Suspension List indicates that he is eligible to participate.
S.C. Code Ann. § 40-1-150 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-150
SECTION 40-1-150. Voluntary surrender of authorization to practice.
Status: in_force

A licensee who is under investigation for a violation provided for in Section 40-1-110 or the licensing act of the applicable board for which disciplinary action may be taken may voluntarily surrender authorization to practice to the board. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no person whose authorization to practice is surrendered voluntarily may practice the profession or occupation unless the board, by a majority vote, reinstates the license. A person practicing a regulated profession or occupation during the period of voluntary surrender is considered an illegal practitioner and is subject to the penalties provided by this article. The surrender of an authorization to practice may not be considered an admission of guilt in a proceeding under this article and does not preclude the board from taking disciplinary action against the licensee as provided for in this article or the board's licensing act including, but not limited to, imposing conditions that must be met before the board reinstates the license.
S.C. Code Ann. § 40-6-150 — SC Code / Title 40 / Chapter 6 / Section 40-6-150
SECTION 40-6-150. Surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
S.C. Code Ann. § 40-22-75 — SC Code / Title 40 / Chapter 22 / Section 40-22-75
SECTION 40-22-75. Waiver of licensing requirements during emergencies.
Status: in_force

The board may waive all licensing and credentialing requirements of this chapter during a declared national or state public emergency, not to exceed ninety days. The board shall establish the conditions as may be appropriate to enable engineers properly licensed in other jurisdictions having like standards as those currently in effect in this State or jurisdictions that meet the NCEES Model Law standards to render services in the geographic areas identified in the order declaring the emergency. Effect of Amendment 2016 Act No. 259, SECTION 6, substituted "of this chapter during a declared national or state public emergency, not to exceed ninety days" for "under state law for the period of a declared public emergency".
S.C. Code Ann. § 40-67-75 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-75
SECTION 40-67-75. Responsibilities and supervision of speech-language pathology assistants.
Status: in_force

A speech-language pathology assistant may adhere to the responsibilities within the scope for speech-language pathology assistants set forth by the American Speech-Language-Hearing Association. A speech-language pathologist supervising a speech-language pathology assistant may adhere to the guidelines for supervision of a speech-language pathology assistant set forth by the American Speech-Language-Hearing Association.
S.C. Code Ann. § 40-19-115 — SC Code / Title 40 / Chapter 19 / Section 40-19-115
SECTION 40-19-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the actions of licensees, unlicensed persons, and former licensees as provided for in Section 40-1-115. Effect of Amendment 2024 Act No. 223, SECTION 12, inserted ", unlicensed persons,".
S.C. Code Ann. § 40-30-240 — SC Code / Title 40 / Chapter 30 / Section 40-30-240
SECTION 40-30-240. Mental or physical examination; records; drug testing.
Status: in_force

If investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-30-230(A)(9), or a physical or mental disability, as provided for in Section 40-30-230(A)(10), the board upon reasonable grounds may: (1) require an applicant or licensee to submit to a mental or physical examination including a drug test by authorized practitioners designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege pursuant to a contrary rule of law. An individual who accepts the privilege of practicing massage therapy in this State or who files an application for a license to practice massage therapy in this State is deemed to have consented to submit to a mental or physical examination including a drug test and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the board pursuant to this section, unless the failure was due to circumstances beyond the individual's control, then the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board. An applicant or licensee who is prohibited from practicing pursuant to this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of massage therapy with reasonable skill and safety to clients; (2) obtain records of an examination required by item (1) specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation and these records are admissible in a hearing before the board, notwithstanding any other provision of law. An individual who accepts the privilege of practicing massage therapy in this State or who files an application to practice massage therapy in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when requested by the board pursuant to this section, unless the failure was due to circumstances beyond the individual's control, then the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board. An applicant or licensee who is prohibited pursuant to this section from practicing massage therapy must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of massage therapy with reasonable skill and safety to clients. Effect of Amendment The 2013 amendment substituted "panel" for "disciplinary panel" throughout, and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-15-102 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-102
SECTION 40-15-102. "Authorized" defined; general supervision restrictions; billing for services of hygienists.
Status: in_force

(A) "Authorized" means the supervising dentist in a private office setting has personally approved the procedures to be performed and is responsible for the care provided to the patient. (B) In a private dental office setting, a dental hygienist may only perform the following functions under general supervision: (1) oral prophylaxis and assessment; (2) fluoride treatment; (3) oral hygiene instruction and education; (4) exposure and process of radiographs as directed by standard office protocol. (C) A dentist in a private office setting may authorize general supervision only upon meeting the following criteria: (1) a new patient of record must be clinically examined by the authorizing dentist during the initial visit; (2) an appointed patient must be examined by the authorizing dentist at a minimum of twelve-month intervals. (3) an appointed patient must be notified in advance of the appointment that he or she will be treated by the dental hygienist under general supervision without the authorizing dentist being present or being examined by the authorizing dentist. (D) A dentist authorizing treatment by a dental hygienist in school settings or nursing home settings is subject to the general supervision restrictions provided for in this section unless the dentist or dental hygienist is working in a public health setting with the Department of Health and Environmental Control, as provided for in Section 40-15-110. (E) A dentist billing for services for treatment provided by a dental hygienist in a public health setting with the Department of Health and Environmental Control as provided for in Section 40-15-110, is the provider of services and is clinically responsible for the care and treatment of the patient.
S.C. Code Ann. § 40-1-220 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-220
SECTION 40-1-220. Severability.
Status: in_force

If a provision of this article or the application of a provision of this article to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable.
S.C. Code Ann. § 40-28-180 — SC Code / Title 40 / Chapter 28 / Section 40-28-180
SECTION 40-28-180. Payment of cost and fine for violation.
Status: in_force

A cost and fine imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. A person against whom a cost or fine is levied may not be eligible for the issuance or reinstatement of an authorization to practice until the cost or fine has been paid in full.
S.C. Code Ann. § 40-28-50 — SC Code / Title 40 / Chapter 28 / Section 40-28-50
SECTION 40-28-50. Seal of landscape architect.
Status: in_force

A landscape architect, upon licensure, shall obtain a seal of the design authorized by the board, bearing the name of the licensee, number of certificate or license, and the legend "South Carolina Registered Landscape Architect" or "South Carolina Licensed Landscape Architect". The seal only may be used while the licensee's certificate or license is in full force and effect. Nothing in this chapter may be construed to authorize the use or acceptance of the seal of the landscape architect in lieu of the seal of an architect, engineer, or surveyor. Editor's Note Prior Laws: 1976 Act No. 698 SECTION 14; 1990 Act No. 372, SECTION 9; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-140.
S.C. Code Ann. § 40-51-10 — SC Code / Title 40 / Chapter 51 / Section 40-51-10
SECTION 40-51-10. Terms "podiatry" or "podiatrist" and "chiropody" or "chiropodist" have identical meanings.
Status: in_force

The terms "chiropody" or "chiropodist" or their derivatives and the terms "podiatry" or "podiatrist" or their derivatives shall convey and imply identical meanings.
S.C. Code Ann. § 40-59-810 — SC Code / Title 40 / Chapter 59 / Article 5 / Section 40-59-810
SECTION 40-59-810. Short Title.
Status: in_force

This article may be cited as the "South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act". Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
S.C. Code Ann. § 40-81-110 — SC Code / Title 40 / Chapter 81 / Section 40-81-110
SECTION 40-81-110. Grounds for discipline.
Status: in_force

The commission may take disciplinary action based upon any of the grounds provided for in Section 40-1-110.
S.C. Code Ann. § 40-29-300 — SC Code / Title 40 / Chapter 29 / Section 40-29-300
SECTION 40-29-300. Board oversight of consumer complaints; board inspection of manufacturers for compliance with federal regulations; life safety and fire prevention.
Status: in_force

The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act standards and regulations. As part of this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In conducting its responsibilities under this section, the board shall recognize the need for life safety requirements as a part of its general oversight function and shall receive advice in the life safety area from the State Fire Marshal to ensure that fire prevention is a part of the overall program under the terms of this chapter. Editor's Note Prior Laws:1989 Act No. 128, SECTION 1; 1993 Act No. 181, SECTION 905; 1976 Code SECTION 40-29-210.
S.C. Code Ann. § 40-35-90 — SC Code / Title 40 / Chapter 35 / Section 40-35-90
SECTION 40-35-90. Disciplinary action in accordance with Administrative Procedures Act.
Status: in_force

The board in accordance with the Administrative Procedures Act may take disciplinary action authorized by Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-37-90 — SC Code / Title 40 / Chapter 37 / Section 40-37-90
SECTION 40-37-90. Investigation results presented to board; disciplinary action.
Status: in_force

The results of all investigations must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice optometry, the board, in accordance with the Administrative Procedures Act, may take disciplinary action. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
S.C. Code Ann. § 40-69-160 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-160
SECTION 40-69-160. Appeal.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-82-300 — SC Code / Title 40 / Chapter 82 / Section 40-82-300
SECTION 40-82-300. Safety cut-off valves on certain heating appliances.
Status: in_force

(A) A heating appliance installed for use in a hotel, motel, tourist home, school, church, theater, auditorium, institutional building, hospital, nursing home, convalescent home, or other place of public assembly or rest must be equipped with a pilot having a one hundred percent safety cut-off valve of an automatic operating type. The pilot safety valve must have positive control of the flow of gas to the appliance burners in public places for sleeping purposes. (B) A vented space heater equipped with a one hundred percent safety cut-off valve or an unvented space heater factory equipped with an oxygen depletion sensor pilot may be installed in sleeping quarters or bathrooms of residences and in areas of a manufactured home other than sleeping quarters or bathrooms: (1) a vented space heater is vented to the outside in accordance with manufacturer's instructions; (2) the aggregate input BTU rating of the appliance does not exceed twenty BTU's per hour per cubic foot of space in the room where the heater is placed; (3) the required clearances are maintained; and (4) the heater is securely anchored to the wall or floor.
S.C. Code Ann. § 40-60-160 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-160
SECTION 40-60-160. Appeal.
Status: in_force

A respondent aggrieved by a final decision of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
S.C. Code Ann. § 40-15-100 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-100
SECTION 40-15-100. Unlawful to practice dentistry without license.
Status: in_force

It shall be unlawful for any person to engage in the practice of dentistry in this State without a license from the board, except as otherwise provided in this chapter.
S.C. Code Ann. § 40-51-100 — SC Code / Title 40 / Chapter 51 / Section 40-51-100
SECTION 40-51-100. Fees for examinations; reexamination.
Status: in_force

Each applicant before being allowed to take the examination, must pay to the board a fee to be fixed by the board at an amount which, with other available resources of the board, will fully cover the cost of the examination, including compensation and expenses of members of the examining board. In case the application is denied and examination is refused the fee shall be returned to the applicant. Any applicant who fails to pass an examination shall be entitled to a reexamination within six months upon payment of the original examination fee, but only two such reexaminations shall be permitted under the privilege of the original application.
S.C. Code Ann. § 40-56-200 — SC Code / Title 40 / Chapter 56 / Section 40-56-200
SECTION 40-56-200. Penalties; fire codes and regulations adopted by State Fire Marshal.
Status: in_force

(A) A person required by this chapter to obtain a license to do business in this State, who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not less than ninety days and not more than one year. (B) This chapter does not repeal, amend, or otherwise affect fire codes and regulations adopted by the State Fire Marshal.
S.C. Code Ann. § 40-61-20 — SC Code / Title 40 / Chapter 61 / Section 40-61-20
SECTION 40-61-20. State Board of Examiners for Registered Environmental Sanitarians; composition; responsibilities; removal of members; vacancies.
Status: in_force

There is created the South Carolina State Board of Examiners for Registered Environmental Sanitarians composed of six members appointed by the Governor, one of whom is the executive officer of the Department of Health and Environmental Control or his designee, three environmental sanitarians who are qualified by education and experience to be registered environmental sanitarians, and two public members who are not environmental sanitarians or do not have any pecuniary interests in any entity engaged in the business of environmental sanitarians. All members of the board must be residents of the State and serve for terms of four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment but cannot serve more than two consecutive terms. The board is responsible for examining applicants for registered environmental sanitarians, investigating complaints, and investigating and prosecuting violations of this chapter. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member must be removed without first giving him an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board are filled in the same manner as the original appointment for the unexpired portion of the term.
S.C. Code Ann. § 40-47-770 — SC Code / Title 40 / Chapter 47 / Article 6 / Section 40-47-770
SECTION 40-47-770. Inspections.
Status: in_force

The board or a person designated by the board may make unscheduled inspections of any office or facility employing an acupuncturist or auricular detoxification specialist.
S.C. Code Ann. § 40-6-310 — SC Code / Title 40 / Chapter 6 / Section 40-6-310
SECTION 40-6-310. Estate auction requirements.
Status: in_force

No property other than the property of a specified deceased person or the property of a specified living person's estate may be sold at auction if the auction is conducted or advertised only as an "estate auction". However, property other than those of the specified estate may be sold at the sale if all advertisements of the sale specify which items do not belong to the estate. Editor's Note Prior Laws:1988 Act No. 599, SECTION 2; 1976 Code SECTION 40-6-156.
S.C. Code Ann. § 40-65-50 — SC Code / Title 40 / Chapter 65 / Section 40-65-50
SECTION 40-65-50. Administration of program of soil classifiers.
Status: in_force

The department shall administer the program of soil classifiers in accordance with Section 40-1-50, this chapter, and regulations promulgated pursuant to this chapter.
S.C. Code Ann. § 40-28-70 — SC Code / Title 40 / Chapter 28 / Section 40-28-70
SECTION 40-28-70. Landscape architecture firms; certificate of authorization; qualifications; application forms; disciplinary actions.
Status: in_force

(A) The practice of or offer to practice landscape architecture through a firm is permitted only through entities holding a valid certificate of authorization issued by the board. For the purposes of this section, a certificate of authorization is also required for a firm practicing in this State under a fictitious name. However, when an individual is practicing landscape architecture in his name as individually licensed, that person is not required to obtain a certificate of authorization. (B) The practice or offer to practice of landscape architecture by an individual licensed under this chapter through a firm offering landscape architecture services to the public is permitted if: (1) one or more of the corporate officers, in the case of a corporation, or one or more of the principal owners, or a full-time employee, in the case of other firms, are designated as being responsible for the professional services regulated by the board and are licensed under this chapter; (2) all personnel of the firm who act on behalf of the firm as landscape architects in this State are licensed under this chapter; and (3) the firm has been issued a certificate of authorization by the board as required by this section. (C) Before the issuance of a certificate of authorization, the board must be in receipt of the firm's appropriate documentation issued by the Secretary of State. (D) A firm desiring a certificate of authorization shall file with the board an application on forms provided by the board accompanied by the registration fee as provided in Section 40-28-80. A certificate of authorization must be renewed biennially. A renewal form provided by the board must be completed and submitted with the biennial registration fee, the fee being an amount as provided in Section 40-28-80. (E) A disciplinary action against a firm must be administered in the same manner and on the same grounds as disciplinary action against an individual. A firm may not be relieved of responsibility for the conduct or acts of its agents, officers, or employees by reason of its compliance with this section, and an individual practicing landscape architecture is not relieved of responsibility for professional services performed by reason of his employment or relationship with the firm. (F) Nothing in this section may be construed to prohibit firms from joining together to offer landscape architectural services to the public, if each separate entity providing the services in this State otherwise meets the requirements of this section. For firms practicing as a professional corporation under the laws of this State, the joint practice of landscape architecture with the professions of architecture, engineering, surveying, and geology is specifically approved by the board. (G) If the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for professional landscape architectural services. The board, however, may refuse to issue a certificate or suspend or revoke an existing certificate for due cause. A person or firm aggrieved by an adverse determination of the board may file an appeal as provided for in this chapter. (H) Nothing in this section may be construed to mean that a firm may practice or offer to practice landscape architecture without meeting individual licensure. Editor's Note Prior Law: 1976 Act No. 698 SECTION 16; 1990 Act No. 372, SECTION 10; 1990 Act No. 435, SECTION 2; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-160.
S.C. Code Ann. § 40-43-240 — SC Code / Title 40 / Chapter 43 / Section 40-43-240
SECTION 40-43-240. Written joint protocol to authorize pharmacists to dispense self-administered hormonal contraceptives.
Status: in_force

(A) The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive without a patient-specific written order. (B) The written joint protocol must address, at a minimum, the following requirements: (1) education or training requirements that the Board of Medical Examiners and the Board of Pharmacy determine to be necessary for a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive; (2) information that a pharmacist must provide to a patient prior to dispensing a self-administered hormonal contraceptive or administering an injectable hormonal contraceptive and confirmation that the required information was provided to the patient; (3) documentation regarding the dispensing of a self-administered hormonal contraceptive or the administering of an injectable hormonal contraceptive; (4) notification to a patient's designated practitioner that a self-administered hormonal contraceptive was dispensed to the patient or that an injectable hormonal contraceptive was administered to the patient; (5) evaluation and review of the dispensing and administration practices used by pharmacists authorized to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive; and (6) any additional provisions that the Board of Medical Examiners and the Board of Pharmacy determine to be necessary or appropriate for inclusion in the protocol, including any reporting requirements. (C) For each new patient requesting contraception and at least every twelve months for each returning patient, the written joint protocol must require a pharmacist dispensing or administering contraceptives pursuant to this chapter to: (1) obtain a completed self-screening risk assessment; (2) utilize a standardized procedure as established by the Board of Medical Examiners and the Board of Pharmacy to perform a patient assessment; (3) dispense, if clinically appropriate, a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive, or refer the patient to a practitioner; (4) provide the patient with a visit summary; (5) advise the patient to consult with a practitioner; (6) refer any patient who may be subject to abuse to the appropriate social services agency; and (7) ensure that the pharmacy provides appropriate space to prevent the spread of infection and ensure confidentiality. (D) The Board of Medical Examiners and the Board of Pharmacy may appoint an advisory committee of healthcare professionals licensed in this State to advise and assist in the development of the joint protocol for their consideration. Editor's Note 2022 Act No. 210, SECTIONS 1, 4, and 6, provide as follows: "SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'." "SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act." "SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act." The written joint protocol was issued on November 16, 2022.
S.C. Code Ann. § 40-57-770 — SC Code / Title 40 / Chapter 57 / Article 7 / Section 40-57-770
SECTION 40-57-770. Confidentiality and privileged communications.
Status: in_force

An investigation conducted pursuant to this chapter is confidential. The supervising broker-in-charge or property manager-in-charge of record with whom the supervised licensee is affiliated with at the time the licensee is sent the information as required pursuant to Section 40-1-80(B) shall also receive a copy of the same information the supervised licensee is sent pursuant to Section 40-1-80(B). Related communications are privileged as provided in Section 40-1-190. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, inserted the second sentence.
S.C. Code Ann. § 40-83-10 — SC Code / Title 40 / Chapter 83 / Section 40-83-10
SECTION 40-83-10. Citation of act.
Status: in_force

This act shall be cited as the "Registration of Immigration Assistance Service Act".
S.C. Code Ann. § 40-59-200 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-200
SECTION 40-59-200. Penalties.
Status: in_force

A person who knowingly violates the provisions of this article or regulations promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Editor's Note Prior Laws:1962 Code SECTION 56-1545.43; 1974 (58) 1949; 1990 Act No. 595, SECTION 15; 1993 Act No. 72, SECTION 9; 1993 Act No. 181, SECTION 937; 1976 Code SECTION 40-59-130.
S.C. Code Ann. § 40-41-710 — SC Code / Title 40 / Chapter 41 / Article 9 / Section 40-41-710
SECTION 40-41-710. Definitions; content of records; use of records to ascertain source of suspected stolen property.
Status: in_force

(A) For purposes of this section, "retailer" means a retailer of a "transient business" or a "temporary business" as defined in Section 12-36-510. (B) A retailer shall keep a record of the source of new merchandise the retailer offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the retailer or any other documentation that establishes the source of the merchandise. (1) The record or documentation must include: (a) the physical address of the source; (b) the date the merchandise was purchased by the retailer; (c) the price paid for the merchandise; (d) the quantity; and (e) the name of source. (2) The retailer shall keep the record at the same location as the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold. (C) Upon the request of a law enforcement officer, after forming a reasonable suspicion that the merchandise possessed by the retailer may have been stolen, the retailer shall produce the record of the source of new merchandise the retailer offers for sale. (D) If the retailer fails to produce the requested record the officer may seize the merchandise and hold it in custody as evidence and the retailer may be punished as follows: (1) Upon conviction for a first offense, the retailer is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. (2) Upon conviction of a second offense, the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both. (3) Upon conviction of a third offense, the retailer's Sales and Use Tax License must be revoked, and the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both. (E) Merchandise confiscated pursuant to the provisions of this section may be disposed of in accordance with the provisions of Chapter 21, Title 27. (F) The provisions of this section do not apply to a charitable organization offering merchandise for sale.
S.C. Code Ann. § 40-60-30 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-30
SECTION 40-60-30. License requirement; exceptions.
Status: in_force

It is unlawful for an individual to assume or use a title, designation, or abbreviation likely to create the impression that the person is a real estate appraiser or to engage in real estate appraisal activity or advertise as an appraiser without a valid license issued by the department. However, nothing in this chapter may be construed to apply to: (1) A real estate licensee licensed in accordance with Chapter 57, Title 40 who performs valuation services of real estate for a client or customer on the condition that the valuation service is not referred to as an appraisal. In performing a valuation service, which federal law or regulation does not require a license or certified appraiser, the real estate licensee must disclose to the requesting party: "This valuation service may not be used for the purposes of obtaining financing in a federally related transaction.". (2) A forester registered pursuant to Chapter 27, Title 48 who performs valuation services on standing or growing timber or timberland located in this State and issues a valuation service on the timber or timberland, as permitted by Chapter 27, Title 48 and Regulation 53-13. When a valuation service is to be used in a federally related transaction, the registered forester must be licensed or certified under this chapter if required by federal law or regulation. (3) A person employed by a lender in the performance of valuation services, with respect to which federal law or regulations does not require a licensed or certified appraiser. (4) A person, credentialed by this board in the performance of valuation services, with respect to which federal law or regulation does not require a licensed or certified appraiser. Editor's Note Prior Laws:1991 Act No. 12, SECTION 1; 1993 Act No. 143, SECTION 1; 2000 Act No. 335, SECTION 1. Effect of Amendment 2016 Act No. 243, SECTION 3, in the first paragraph, inserted "real estate" before "appraisal activity"; in (1), deleted a hyphen between "federally" and "related"; rewrote (2), substituting "values" and "valuation" for "evaluates" and "evaluation", adding reference to Chapter 27, Title 48 and Regulation 53-13 at the end of the first sentence, and deleting a hyphen between "federally" and "related"; and added (3), relating to an exception. 2024 Act No. 196, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-36-640 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-640
SECTION 40-36-640. Binding effect of compact and other laws.
Status: in_force

(A) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (B) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (C) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict. (D) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states. (E) All agreements between the commission and the member states are binding in accordance with their terms. (F) In the event a provision of the compact exceeds the constitutional limits imposed on the legislature of a member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
S.C. Code Ann. § 40-45-560 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-560
SECTION 40-45-560. Adverse actions.
Status: in_force

(A) A home state shall have exclusive power to impose adverse action against a license issued by the home state. (B) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action. (C) 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 licensees who enter any alternative programs in lieu of discipline 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. (D) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege. (E) A remote state shall have the authority to: (1) take adverse actions as set forth in subsection (D) against a licensee's compact privilege in the state; (2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and (3) if otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee. (F)(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
S.C. Code Ann. § 40-59-50 — SC Code / Title 40 / Chapter 59 / Article 1 / Section 40-59-50
SECTION 40-59-50. Compensation of members; chairman; bylaws and seal; administrator and staff; meetings; roster of licensees.
Status: in_force

(A) The members of the commission must be compensated for their services at the regular per diem, mileage, and subsistence rates as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with, and as a result of, their work on the commission. Compensation paid and costs and expenses incurred must be paid only from the fees received by the commission pursuant to the provisions of this chapter. (B) The commission, at its first meeting after appointment, shall organize by electing a chairman and a vice-chairman and other officers as the commission considers appropriate who shall serve for a term of one year and until their successors are appointed and qualify. The commission shall adopt bylaws for the governance of its proceedings and shall adopt a commission seal on which shall appear the words "South Carolina Residential Builders Commission". (C) The Director of the Department of Labor, Licensing and Regulation, pursuant to Section 40-1-50, may employ an administrator to serve at the discretion of the director of the department. The duties of the administrator must be prescribed by the director. (D) The director may also employ clerical and stenographic assistance and other personnel as may be necessary to effectuate the provisions of this chapter. The compensation of all employees of the commission must be fixed by the director and paid from the fees received by the commission pursuant to the provisions of this chapter. (E) The Department of Labor, Licensing and Regulation shall administer the commission as a revenue funded commission in accordance with Section 40-1-50. (F) The commission shall meet quarterly and at other times as the chairman may designate; however, the commission shall meet within thirty days after appointment for the purpose of organizing and transacting business. Four members of the commission constitute a quorum at all meetings. The administrator shall keep records of each meeting as required by the commission. (G) A roster including the names and places of business of the residential builders and residential specialty contractors licensed or registered by the commission during the preceding year must be prepared annually by the commission and forwarded to and filed with the clerk of court for each county. Editor's Note Prior Laws:1962 Code SECTIONS 56-1545.33, 56-1545.34, 56-1545.35, 56-1545.36; 1974 (58) 1949; 1990 Act No. 595, SECTIONS 4, 5; 1993 Act No. 181, SECTIONS 933, 934; 1976 Code SECTIONS 40-59-30, 40-59-40, 40-59-60.
S.C. Code Ann. § 40-35-120 — SC Code / Title 40 / Chapter 35 / Section 40-35-120
SECTION 40-35-120. Disciplinary action; civil penalties; documentation of participation in education or treatment program.
Status: in_force

(A) The board may take disciplinary action against a person as provided for in Chapter 1. (B) The board may assess civil penalties of not more than one thousand dollars per violation, not to exceed a total of ten thousand dollars. (C) The board may require documented participation in education programs and in treatment for mental or physical impairments or addiction. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-8-120 — SC Code / Title 40 / Chapter 8 / Section 40-8-120
SECTION 40-8-120. Land requirements; conveyance and use of excess contiguous lands; transfer to municipality.
Status: in_force

(A) A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it. (B) The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance. (C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained. (D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before the effective date of this chapter. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.
S.C. Code Ann. § 40-75-210 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-210
SECTION 40-75-210. Civil penalties; injunctive relief.
Status: in_force

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
S.C. Code Ann. § 40-45-540 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-540
SECTION 40-45-540. Compact privilege.
Status: in_force

(A) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall: (1) hold a license in the home state; (2) have no encumbrance on any state license; (3) be eligible for a compact privilege in any member state in accordance with subsections (D), (G), and (H); (4) have not had any adverse action against any license or compact privilege within the previous two years; (5) notify the commission that the licensee is seeking the compact privilege within a remote state; (6) pay any applicable fees, including any state fee, for the compact privilege; (7) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and (8) report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken. (B) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state. (C) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (D) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. (E) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur: (1) the home state license is no longer encumbered; and (2) two years have elapsed from the date of the adverse action. (F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a compact privilege in any remote state. (G) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur: (1) the specific period of time for which the compact privilege was removed has ended; (2) all fines have been paid; and (3) two years have elapsed from the date of the adverse action. (H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.
S.C. Code Ann. § 40-11-190 — SC Code / Title 40 / Chapter 11 / Article 1 / Section 40-11-190
SECTION 40-11-190. Investigations and proceedings confidential; communications privileged.
Status: in_force

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-59-400 — SC Code / Title 40 / Chapter 59 / Article 2 / Section 40-59-400
SECTION 40-59-400. Definitions.
Status: in_force

For purposes of this article: (1) "Branch office" means a place of business separate from the principal place of business where building services are offered or provided. A specific project or construction site office is not a branch office. (2) "Commission" means the South Carolina Residential Builders Commission established in Article 1. (3) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which offers or provides building services through licensed residential builders, residential specialty contractors, or home inspectors. (4) "Private practice firm" means a firm through which the practice of residential building, residential specialty contracting, or home inspecting requires a residential business certificate of authorization as described in this chapter. (5) "Resident licensee" means a licensed practitioner who spends a majority of each normal workday working out of a principal or branch office and who is in responsible charge of the office and the building services provided from that office including, but not limited to, responsibility for applying for permits for the firm. (6) "Responsible charge" means the direction of building services by a residential builder, residential specialty contractor, or home inspector to the extent that successful completion of the building services is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the building services.
S.C. Code Ann. § 40-85-10 — SC Code / Title 40 / Chapter 85 / Section 40-85-10
SECTION 40-85-10. South Carolina Board of Genetic Counselors created; purpose; composition.
Status: in_force

(A) There is created the South Carolina Board of Genetic Counselors, to license genetic counselors. The purpose of this board is to protect the public through the regulation of professionals who educate and communicate with the public regarding the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family. (B)(1) The board must be composed of five members appointed by the Governor, one of whom must be a lay member from the State at large and four practicing genetic counselors. The board shall review and make determinations regarding all matters relating to genetic counselors including, but not limited to: (a) applications for licensure; (b) licensure renewal requirements; (c) disciplinary investigations or actions; and (d) promulgation of administrative regulations. (2) Members of the board shall serve three-year terms until their successors are appointed and qualify, except for initial appointments. (3) The chair of the board must be elected by a majority vote of the board members and must preside over meetings. Meetings must be held biennially. Additional meetings may be held at the call of the chair or upon the written request of three board members. (4) Initial appointments must be for staggered terms. Two members shall serve a three-year term, two members shall serve a two-year term, and one member shall serve a one-year term. (a) Initial genetic counselor members shall serve without a license until licenses become available. (b) Initial genetic counselor members must be ABGC certified for a minimum of five years. (5) Members of the board are entitled to per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions. (6) A board member may be removed by the Governor for good cause or if he misses two consecutive committee meetings without good cause. (7) Upon the death, resignation, or removal of any member, the vacancy for the unexpired term must be filled by the Governor.
S.C. Code Ann. § 40-37-170 — SC Code / Title 40 / Chapter 37 / Section 40-37-170
SECTION 40-37-170. Assessment of investigation and prosecution costs.
Status: in_force

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Chapter 1 of Title 40.
S.C. Code Ann. § 40-27-20 — SC Code / Title 40 / Chapter 27 / Article 1 / Section 40-27-20
SECTION 40-27-20. Junk required to be kept for certain period of time and open for inspection.
Status: in_force

A person or entity shall keep each article of junk purchased other than junk that consists of nonferrous metals, as defined by Section 16-17-680, and vehicles for a period of seventy-two hours following the purchase and shall keep the junk open to the inspection of all persons. A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles is subject to the provisions of Sections 56-5-5670 and 56-5-5945. Editor's Note 2012 Act No. 242, SECTION 13, provides as follows: "Subsection (H) of Section 56-5-5670 of the 1976 Code as contained in SECTION 8 and subsection (H) of Section 56-5-5945 of the 1976 Code as contained in SECTION 9 take effect upon approval by the Governor. All other provisions of this act take effect one hundred eighty days after approval by the Governor." Effect of Amendment The 2012 amendment rewrote this section.
S.C. Code Ann. § 40-47-930 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-930
SECTION 40-47-930. Powers and duties of committee and board.
Status: in_force

(A) The committee shall evaluate the qualifications for licensure and make recommendations to the board. (B) The board may issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating the provisions of this article. (C) The committee: (1) may recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as PAs in this State; (2) shall conduct hearings and keep records and minutes necessary to carry out its functions; (3) shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act; (4) shall determine the qualifications and make recommendations regarding the issuance of licenses to qualified PAs; (5) shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article; (6) may recommend requirements to the board for continuing professional education of PAs to the board; (7) shall keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available a list of PAs authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing; (8) shall report annually to the board on duties performed, actions taken, and recommendations; (9) shall hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision; and (10) shall perform such duties and tasks as may be delegated to the committee by the board. Effect of Amendment 2019 Act No. 32, SECTION 2, in (A), deleted "and supervise the examinations of applicants" following "evaluate the qualifications"; and in (C), substituted "PAs" for "physician assistants" throughout, and made a nonsubstantive change.
S.C. Code Ann. § 40-63-510 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-510
SECTION 40-63-510. Purpose.
Status: in_force

(A) The purpose of this compact is to facilitate interstate practice of regulated social workers with the goal of improving public access to competent social work services. The compact seeks to preserve the regulatory authority of states to protect public health and safety through the current system of state licensure. (B) This compact is designed to achieve the following objectives: (1) increase public access to social work services by providing for the mutual recognition of other member state licenses; (2) enhance the member states' ability to protect the public's health and safety; (3) encourage the cooperation of member states in regulating multistate practice; (4) support military families; (5) facilitate the exchange of licensure and disciplinary information among member states; (6) authorize all member states to hold a regulated social worker accountable for abiding by the member state's scope of practice in the member state in which the client is located at the time care is rendered; (7) allow for the use of telehealth to facilitate increased access to regulated social work services; (8) support the uniformity of social work licensure requirements throughout the states to promote public safety and access to services; and (9) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states. Editor's Note 2025 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Social Work Interstate Compact Act.'"
S.C. Code Ann. § 40-45-20 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-20
SECTION 40-45-20. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the State Board of Physical Therapy Examiners. (2) "On-site supervision" means supervision provided by a physical therapist or physical therapist assistant who must be: (a) continuously on site and present in the department or facility where the supervisee is performing services; (b) immediately available to assist the supervisee in the services being performed; (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee. (3) "Person" means an individual. (4) "Physical therapist" means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. (5) "Physical therapist assistant" means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing. (6) "Physical therapy" means the care and services provided by or under the direction and supervision of a licensed physical therapist. (7) "Physical therapy aide" means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences. (8) "Student" or "physical therapy student" means an individual enrolled in a board-approved physical therapist or physical therapist assistant program while engaged in completing the clinical education requirement for graduation. (9) "The practice of physical therapy" means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. The use of roentgen rays and radium for diagnostic or therapeutic purposes and the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term "physical therapy" as used in this chapter, and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. Editor's Note Prior Laws:1962 Code SECTION 56-1336; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, SECTIONS 2, 3.
S.C. Code Ann. § 40-60-150 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-150
SECTION 40-60-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150. A person whose license is voluntarily surrendered may not practice or represent himself or herself to be authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of a license is subject to public disclosure in accordance with Chapter 4 of Title 30. The time that an authorization has been surrendered may be credited, in the board's discretion, toward any period of suspension or other restriction of practice.
S.C. Code Ann. § 40-7-70 — SC Code / Title 40 / Chapter 7 / Section 40-7-70
SECTION 40-7-70. Additional powers and duties.
Status: in_force

In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-19-170 — SC Code / Title 40 / Chapter 19 / Section 40-19-170
SECTION 40-19-170. Costs of investigation and prosecution; authority to require payment by violator.
Status: in_force

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
S.C. Code Ann. § 40-45-330 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-330
SECTION 40-45-330. Severability.
Status: in_force

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
S.C. Code Ann. § 40-9-97 — SC Code / Title 40 / Chapter 9 / Section 40-9-97
SECTION 40-9-97. Privileged communications; immunity.
Status: in_force

Every communication, whether oral or written made by or on behalf of any person or firm to the board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice. No provision of this chapter shall be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
S.C. Code Ann. § 40-9-36 — SC Code / Title 40 / Chapter 9 / Section 40-9-36
SECTION 40-9-36. Executive Director.
Status: in_force

The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15 may appoint and employ a qualified person to serve as executive director, and shall fix his compensation and define his duties. The executive director of the board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The Director of the Department of Labor, Licensing, and Regulation may employ such other persons as may be necessary to carry on its work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the board.
S.C. Code Ann. § 40-2-240 — SC Code / Title 40 / Chapter 2 / Article 1 / Section 40-2-240
SECTION 40-2-240. Licensing of persons licensed in another state.
Status: in_force

(A) A CPA licensed in another jurisdiction who moves his principal place of business to this State may obtain a license through reciprocity. The board shall issue a license pursuant to this section to an applicant who: (1) has successfully passed the Uniform CPA Examination; (2) holds an active certificate, license, or permit issued pursuant to the laws of any state or territory of the United States, the District of Columbia, or any foreign licensing authority that is recognized by the International Qualifications Appraisal Board and subject to Mutual Recognition Agreements; (3) is legally authorized to practice in the jurisdiction where his existing certificate, license, or permit is held; and (4) certifies that he is in compliance with the continuing professional education requirements in the jurisdiction where his existing certificate, license, or permit is held. (B) To apply for a license pursuant to this section an applicant must: (1) identify all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy or in which any applications have been denied; and (2) file an application with the board together with the application fee prescribed by the board. (C) Each person issued a license pursuant to this section shall notify the board in writing within thirty days after any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action against the licensee by any jurisdiction. Effect of Amendment 2019 Act No. 68, SECTION 7, in (A), in (1), inserted the (a) identifier, redesignated (2) to (6) as (b) to (f), and added (2). 2022 Act No. 174, SECTION 1, rewrote the section. 2025 Act No. 34, SECTION 13, rewrote the section.
S.C. Code Ann. § 40-22-260 — SC Code / Title 40 / Chapter 22 / Section 40-22-260
SECTION 40-22-260. Temporary licenses and certificates of authorization.
Status: in_force

(A) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary license for engineering work on one specified project in this State for a period not to exceed one year to an engineer who has recently become a resident of this State, or is a nonresident having no established place of business in this State, who meets the qualification requirements for licensure in this State and who holds a valid license to practice in another state. An engineer may not renew a temporary certificate at its expiration date and may not apply for temporary licensure in connection with more than one specific project in any three-year period. (B) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary certificate of authorization to a firm subject to the following: (1) This temporary certificate of authorization must be for work on one specified project in this State for a period of not more than one year. (2) This temporary certificate may be granted to an out-of-state firm if one or more of the corporate officers, one or more of the principal owners, or a full-time licensed employee is designated as responsible for the professional services regulated by the board and are licensed by the board. (3) The approval of a temporary certificate of authorization constitutes appointment of the Secretary of State as an agent of the applicant for service of process in an action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the practice of engineering. (4) Plans produced and submitted for permitting under a registrant's temporary license or certificate of authorization shall be sealed with the registrant's home state seal. A temporary certificate of authorization may be indicated by notation on plans submitted for permitting. This notation must include the temporary certificate of authorization number, date of expiration, and address of the firm. A copy of the letter of the board approving the temporary license or the certificate of authorization must be attached to the plans. Editor's Note Prior Laws: 1991 Act No. 99, SECTION 1; 1976 Code SECTION 40-22-50. Effect of Amendment 2016 Act No. 259, SECTION 13, rewrote (B), and deleted former (C) and (D), relating to branch offices and the definition for "engaged in practice".
S.C. Code Ann. § 40-37-40 — SC Code / Title 40 / Chapter 37 / Section 40-37-40
SECTION 40-37-40. Powers and duties of board; seal.
Status: in_force

(A) The board shall: (1) determine the eligibility of applicants for examination and licensure as optometrists; (2) prescribe the subjects, character, and manner of licensing examinations; (3) adopt a code of professional ethics appropriate to the profession of optometry; (4) evaluate and set criteria for continuing education course hours and programs; (5) conduct hearings on alleged violations by licensees of this chapter or regulations promulgated under this chapter; (6) discipline persons licensed under this chapter; and (7) promulgate regulations in accordance with the South Carolina Administrative Procedures Act. (B) The board may adopt an official seal and may adopt bylaws governing its proceedings.
S.C. Code Ann. § 40-38-340 — SC Code / Title 40 / Chapter 38 / Section 40-38-340
SECTION 40-38-340. Advertising by dispensing optician under corporate name, trade name, or as successor to another optician.
Status: in_force

Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State, and the board may not promulgate regulations restricting these rights. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1976 Code SECTION 40-38-80.