S.C. Code Ann. § 40-63-550 — SC Code / Title 40 / Chapter 63 / Article 3 / Section 40-63-550
SECTION 40-63-550. Multistate authorization to practice.
Status: in_force

(A) If qualified, a regulated social worker may hold an interstate compact license issued by a home state licensing authority, which authorizes the regulated social worker to practice in all member states under a multistate authorization to practice. (B) If an interstate compact license holder with multistate authorization to practice changes primary state of domicile by moving between two member states: (1) the interstate compact license holder shall file an application for obtaining a new home state license based on their interstate compact license which grants a multistate authorization to practice, pay all applicable fees, and notify the current and new home member state in accordance with applicable rules adopted by the commission; and (2) upon receipt of an application for obtaining a new home state license based on the interstate compact license which grants a multistate authorization to practice, the new home member state may verify that the regulated social worker meets the pertinent criteria outlined in Section 40-63-540 via the data system, without need for primary source verification except for: (i) a Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544; (ii) other criminal background check as required by the new home state; and (iii) completion of any requisite jurisprudence requirements of the new home state. (3) The former home state may convert the former home state license into a multistate authorization to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission. (4) Notwithstanding any other provision of this compact, if the regulated social worker cannot meet the criteria in Section 40-63-540, the new home state may apply its requirements for issuing a new single state license. (5) The regulated social worker shall pay all applicable fees to the new home state in order to be issued a new home state license. (C) If a regulated social worker changes primary state of domicile by moving from a member state to a nonmember state, the nonmember state criteria shall apply for issuance of a single state license in the new nonmember state. (D) Nothing in this compact shall interfere with a regulated social worker's ability to hold a single state license in multiple states, however for the purposes of this compact, a regulated social worker shall have only one home state license. (E) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license. 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. § 40-56-150 — SC Code / Title 40 / Chapter 56 / Section 40-56-150
SECTION 40-56-150. Voluntary surrender of license.
Status: in_force

A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license pursuant to Chapter 1.
S.C. Code Ann. § 40-15-172 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-172
SECTION 40-15-172. Mobile dental facilities or mobile dental operations; registration; operating requirements.
Status: in_force

(A)(1) An organization or dental practice utilizing a licensed dentist to operate one or more mobile dental facilities or portable dental operations shall register with the board by submitting an application in the form and manner required by the board and shall pay a registration fee, as established by the board in regulation. These fees must be adjusted in accordance with Chapter 1 of Title 40. (2) If the ownership of a mobile dental facility or portable dental operation changes, a new registration must be obtained from the board. (3) An applicant shall submit proof of registration with the Secretary of State, as may be required by law, authorizing the entity to do business in this State. (B) A registrant, in addition to the other requirements of this section, shall ensure that: (1) a dentist licensed to practice in this State is responsible at all times for services provided at a mobile dental facility or portable dental operation; (2) dental services provided at a mobile dental facility or portable dental operation are provided by persons authorized by law to provide these services; (3) each dentist and dental hygienist providing dental services in a mobile dental facility or portable dental operation displays his or her authorization to practice in this State in plain view of patients; (4) dental and official records are maintained and available for inspection and copying upon request by the board; (5) a confidential written or electronic record is maintained at a central office location or portable dental operation documenting each location where services are provided, including: (a) the street address of the service location; (b) the dates and times at each service location; (c) the dental services provided to each patient by name; (6) confidential written or electronic records, maintained in accordance with item (5), are available to the board on request and that costs for providing these records are borne by each mobile dental facility or portable dental operation; (7) a written procedure for emergency or follow-up care for patients treated in the mobile dental facility or portable dental operation is kept where services are being provided and that this procedure includes prior arrangements for emergency or follow-up treatment in a medical or dental facility, as may be appropriate, located in the area where services are being provided; (8) communication devices are available to enable immediate contact with appropriate persons in the event of a medical or dental emergency; (9) the mobile dental facility or portable dental operation complies with all applicable federal, state, and local laws, regulations, and ordinances including, but not limited to, those concerning radiographic equipment, flammability, construction, sanitation, zoning, infectious waste management, universal precautions, OSHA guidelines, and federal Centers for Disease Control guidelines, and the registrant possesses all applicable county, state, and city licenses or permits to operate the unit at the location where services are being provided; and that carbon monoxide detection devices are installed and in proper working order in mobile dental facilities only; (10) during or at the conclusion of each patient's visit to the mobile dental facility or portable dental operation, the patient, or patient's parent or guardian if the patient is a minor, is provided with an information sheet and that if the patient has provided consent to an institutional facility to assist in the patient's dental health records, the institution is provided with a copy of the information sheet. An institutional facility includes, but is not limited to, a long-term care facility or school, and that the information sheet includes the following: (a) pertinent contact information as provided by this section; (b) the name of the dentist and other dental staff who provided services and their license numbers, if applicable; (c) a description of the treatment rendered, including billed service codes and, in the instance of fee for service patients, fees associated with treatment and tooth numbers when appropriate; (d) a description of any dental needs either observed during a hygienist's screening or diagnosed during a dentist's evaluation; (e) recommendation that the patient see another dentist if the mobile dental facility or the portable dental operation is unable to provide the follow-up treatment described in subitem (d); (11) patient records are maintained by the registrant in a secure manner and that notice is given to the board not less than thirty days before any transfer of records from the registrant's possession. (C) A violation of a provision of law or regulation regulating the practice of dentistry, dental hygiene, or the operation of mobile dental facilities or portable dental operations may result in disciplinary action as provided in this chapter. (D) A person or entity that is not registered with the board in accordance with this section is not entitled to reimbursement or other compensation for any services provided in this State. (E) For the purposes of this section "mobile dental facility or portable dental operation" means a facility or operation that is not confined to a single building and that can be transported from place to place.
S.C. Code Ann. § 40-3-230 — SC Code / Title 40 / Chapter 3 / Section 40-3-230
SECTION 40-3-230. Registration certificate not transferable; review of applications for admission to practice; license qualifications.
Status: in_force

(A) The privilege of engaging in the practice of architecture is a personal privilege based upon the qualifications of the individual and evidenced by the person's registration certificate which is not transferable. (B) The board shall review the applications of all applicants for admission to practice architecture. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.). (C) To be licensed as an architect, an individual must: (1) have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB). The school or program must be accredited by NAAB or CACB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an accredited degree from either accrediting body may have their educational credentials evaluated by an organization approved by the board to determine if their foreign degree is equivalent to the required professional degree in architecture. Additionally, foreign-educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements; (2) have satisfactorily completed the training requirements established by the National Council of Architectural Registration Boards (NCARB) for the Architectural Experience Program (AXP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted (AXP) program; (3) have attained a passing score on all subject areas of the NCARB Architect Registration Examination (A.R.E.). Subject areas may include, but are not limited to, predesign, site design, building design, structural technology, materials and methods of construction, mechanical, plumbing, electrical, acoustical, life safety systems, and construction documents and services. (D) An applicant may not be licensed as an architect if the individual has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform. Effect of Amendment 2016 Act No. 215, SECTION 2, in (C)(2), substituted "Architectural Experience" for "Intern Development" and twice substituted "AXP" for "IDP".
S.C. Code Ann. § 40-37-310 — SC Code / Title 40 / Chapter 37 / Section 40-37-310
SECTION 40-37-310. Referrals for treatment of eye diseases; glaucoma treatment; eye surgery.
Status: in_force

(A) In the diagnosis and treatment of ocular and ocular adnexal eye disease, documentation in the patient's chart and appropriate consultations and referrals must be in keeping with the standards of care provided for in this section. (B) In the diagnosis or treatment of eye disease, an optometrist, using judgment and that degree of skill, care, knowledge, and attention ordinarily possessed and exercised by optometrists in good standing under like circumstances, shall refer a patient to an appropriate medical or osteopathic doctor including, but not limited to, corneal, glaucoma, or retinal ophthalmological specialists when additional evaluation or treatment is necessary. However, an optometrist may refer a patient to another optometrist when additional evaluation or treatment is necessary or to a medical or osteopathic doctor as provided for in this section, and an optometrist may refer a patient to another optometrist for the purpose of fitting or dispensing eye glasses, contact lenses, or low vision aids. The South Carolina Board of Examiners in Optometry shall promulgate regulations for the maintenance of records of referrals by optometrists in accordance with this section. (C) Notwithstanding subsection (B), in treating and managing glaucoma an optometrist must strive to achieve a stable range of intraocular pressures considered unlikely to cause further optic nerve damage in that patient. Once this range of pressures is selected based on conditions presented by the patient, the optometrist must enter this range in the patient's chart. If no measurable progress is achieved in realizing the selected range of pressures within sixty days of initiating treatment, the optometrist shall refer the patient to an ophthalmologist. However, when treating acute angle closure glaucoma, an optometrist immediately shall initiate treatment, after which, the optometrist shall make an appropriate referral to an ophthalmologist. (D) An optometrist is prohibited from performing surgery. For purposes of this section surgery includes, but is not limited to, an invasive procedure using instruments that require closure by suturing, clamping, or other similar devices or a procedure in which the presence or assistance of a nurse anesthetist or an anesthesiologist is required. An optometrist is also prohibited from performing laser surgery. However, nothing in this section or any other provision of law may be construed to prohibit an optometrist from removing superficial ocular and ocular adnexal foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist. (E) An optometrist must be held to the same standard of care as persons licensed under Chapter 47, Title 40, Physicians, Surgeons, and Osteopaths, and shall maintain a minimum of one million dollars in malpractice insurance coverage. Editor's Note Prior Laws:1984 Act No. 312, SECTION 4; 1993 Act No. 65, SECTION 6; 1976 Code SECTION 40-37-107.
S.C. Code Ann. § 40-47-590 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-590
SECTION 40-47-590. Responsibilities of committee; investigatory powers of board.
Status: in_force

(A) The committee shall evaluate the qualifications and supervise the examinations of applicants for licensure and shall make appropriate 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) shall recommend regulations to the board relating to professional conduct to carry out the policy of this article including, but not limited to, professional licensure and the establishment of ethical standards of practice for persons holding a license to practice respiratory care or respiratory therapy 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 appropriate recommendations regarding the issuance of licenses to qualified respiratory care practitioners; (5) shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article; (6) may recommend continuing professional education to the board; (7) shall keep a record of its proceedings and a register of all persons licensed. The register shall show the name of every registrant and the registrant's last known place of employment and residence. The board annually shall compile and make available a list of respiratory care practitioners authorized to practice in this State. Any interested person may obtain a copy of this list upon application to the board and payment of an amount fixed by the board; (8) shall make an annual report to the board containing an account of duties performed, actions taken, and appropriate recommendations; (9) shall hear all disciplinary cases and recommend findings of fact, conclusions, and sanctions to the board. The board shall conduct a final order hearing at which it makes a final decision.
S.C. Code Ann. § 40-53-130 — SC Code / Title 40 / Chapter 53 / Section 40-53-130
SECTION 40-53-130. Fees.
Status: in_force

Fees for an original polygraph examiner's license, internship license, duplicate license, and fees for renewal and extension of the licenses must be set by the Division by regulation.
S.C. Code Ann. § 40-47-1020 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-1020
SECTION 40-47-1020. Third party reimbursement to PA.
Status: in_force

Nothing in this article may be construed to require third party reimbursement directly to a PA for services rendered. Effect of Amendment 2019 Act No. 32, SECTION 2, substituted "PA" for "physician assistant".
S.C. Code Ann. § 40-69-260 — SC Code / Title 40 / Chapter 69 / Article 1 / Section 40-69-260
SECTION 40-69-260. Licensing of persons licensed to practice in another state.
Status: in_force

(A) The board may issue a license to a qualified applicant who: (1) is licensed to practice veterinary medicine in another state if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college and is in good standing in his respective state; and (2) has passed the National Board Examination and the Clinical Competency Test as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards; and (3) has passed the state licensing exam; and (4) has completed thirty qualifying continuing education hours within the previous two years. (B) A person may not be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed. (C) The board shall use the examination prepared by the National Board Examination Committee or other nationally recognized veterinary examinations approved by the board in lieu of a state written and practical examination. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.
S.C. Code Ann. § 40-30-140 — SC Code / Title 40 / Chapter 30 / Section 40-30-140
SECTION 40-30-140. Issuance of license.
Status: in_force

(A) If an applicant satisfies the licensure requirements and pays the applicable fees, as provided in this chapter, then the board shall issue the appropriate license to the applicant. A license issued pursuant to this chapter is not transferable. (B) A person licensed as a massage therapist under this chapter shall display his original license with a two inch by two inch current photo in a prominent and conspicuous place that is viewable by the general public in the massage therapy establishment or sole practitioner establishment. If a massage therapist provides massage therapy services outside of the massage therapy establishment or sole practitioner establishment, then the massage therapist must carry his original licensing card so that it is available at all times. (C) A massage therapy establishment or sole practitioner establishment licensed pursuant to this chapter shall display its current license in a prominent and conspicuous place that is viewable to the general public. (1) Establishment licenses are valid only for the owners named on the licensure applications. If there is a new owner or an ownership change, then the new owner must apply for an establishment license, and all applicable requirements of this chapter must be met. (2) Establishment licenses are valid only for the location named on the initial and renewal licensure applications. If there is an address change, then the owner must notify the department within fifteen business days and must apply for an establishment license, and all applicable requirements of this chapter must be met. (3) Establishment licenses are valid only for the name of the establishment provided on the licensure and renewal applications. If there is an establishment name change, then the owner must notify the department within fifteen business days of this change. No department inspection is required. (D) A licensee must include the licensee's license number in any advertisement for the licensee's services. (E) Only a person licensed under this chapter may use the title of "massage therapist". No person or entity shall use the words "massage therapy", "bodywork therapy", "massage-bodywork therapist", "massage therapist", the acronym "MT", "bodywork therapist", "massage", or "licensed massage therapist", the acronym "LMT", or any other words identified by the board in regulation unless the person or entity is licensed pursuant to this chapter. Effect of Amendment 2022 Act No. 151, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-38-320 — SC Code / Title 40 / Chapter 38 / Section 40-38-320
SECTION 40-38-320. Use of third-party solicitations; restrictions.
Status: in_force

Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
S.C. Code Ann. § 40-67-20 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-20
SECTION 40-67-20. Definitions.
Status: in_force

As used in this chapter: (1) "ASHA" means the American Speech-Language Hearing Association. (2) "Audiologist" means an individual who practices audiology. A person represents himself to be an audiologist when he holds himself out to the public by any title or description of services which incorporates the words "audiologist", "audiology", "acoustician", "auditory integrative trainer", "hearing clinician", "hearing therapist", or any similar variation of these terms or any derivative term or uses terms such as "hearing", "auditory", "acoustic", "aural", or "listening" in combination with words such as "communicologist", "correctionist", "specialist", "pathologist", "therapist", "conservationist", "center", "clinic", "consultant", or "otometrist" to describe a function or service he performs. (3) "Audiology" or "audiology service" means screening, identifying, assessing, diagnosing, habilitating, and rehabilitating individuals with peripheral and central auditory and vestibular disorders; preventing hearing loss; researching normal and disordered auditory and vestibular functions; administering and interpreting behavioral and physiological measures of the peripheral and central auditory and vestibular systems; selecting, fitting, programming, and dispensing all types of amplification and assistive listening devices including hearing aids, and providing training in their use; providing aural habilitation, rehabilitation, and counseling to hearing impaired individuals and their families; designing, implementing, and coordinating industrial and community hearing conservation programs; training and supervising individuals not licensed in accordance with this chapter who perform air conduction threshold testing in the industrial setting; designing and coordinating infant hearing screening and supervising individuals not licensed in accordance with this chapter who perform infant hearing screenings; performing speech or language screening, limited to a pass-fail determination; screening of other skills for the purpose of audiological evaluation; and identifying individuals with other communication disorders. (4) "Board" means the South Carolina State Board of Examiners in Speech-Language Pathology and Audiology. (5) "Director" means the Director of the Department of Labor, Licensing and Regulation. (6) "Intern" means an individual who has met the requirements for licensure as a speech-language pathology or audiology intern under this chapter and has been issued this license by the board. (7) "License" means an authorization to practice speech-language pathology or audiology issued by the board pursuant to this chapter and includes an authorization to practice as a speech-language pathology intern, an audiology intern, and a speech-language pathology assistant. (8) "Licensee" means an individual who has met the requirements for licensure under this chapter and has been issued a license for speech language pathology or audiology or for speech language pathology or audiology intern or speech-language pathology assistant. (9) "Person" means an individual, organization, or corporation, except that only individuals can be licensed under this chapter. (10) "The practice of audiology" means the rendering of or the offering to render any audiology service to an individual, group, organization, or the public. (11) "The practice of speech-language pathology" means the rendering of or the offering to render any speech-language pathology services to an individual, group, organization, or the public. (12) "Regionally accredited institution" means a school, college, or university which is a candidate for accreditation or is accredited by any accreditation body established to serve six defined geographic areas in the United States. (13) "Speech-language pathologist" means an individual who practices speech-language pathology. A person represents himself to be a speech-language pathologist when he holds himself out to the public by any title or description of services incorporating the words "speech pathologist", "speech pathology", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "language pathology", "language pathologist", "logopedics", "logopedist", "communicology", "communicologist", "aphasiologist", "voice therapy", "voice therapist", "voice pathologist", "voice pathology", "voxologist", "language therapist", "phoniatrist", "cognitive communication therapist clinician", or any similar variation of these terms or any derivative term, to describe a function or service he performs. "Similar variations" include the use of words such as "speech", "voice", "language", or "stuttering" in combination with other words which imply a title or service relating to the practice of speech-language pathology. (14) "Speech-language pathology" or "speech-language pathology service" means screening, identifying, assessing, interpreting, diagnosing, rehabilitating, researching, and preventing disorders of speech, language, voice, oral-pharyngeal function, and cognitive/communication skills; developing and dispensing augmentative and alternative communication systems and providing training in their use; providing aural rehabilitation and counseling services to hearing impaired individuals and their families; enhancing speech-language proficiency and communication effectiveness; screening of hearing, limited to a pass-fail determination; screening of other skills for the purpose of speech-language evaluation; and identifying individuals with other communication disorders. (15) "Speech-language pathology assistant" means an individual who provides speech-language pathology services as prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter. A person represents himself to be a speech-language pathology assistant when he holds himself out to the public by any title or description of services incorporating the words "speech aid", "speech-language support personnel", "speech assistant", "communication aid", "communication assistant", "speech pathology technician", or any similar variation of these terms, to describe a function or service he performs. (16) "Supervised Professional Employment" or "SPE" means a minimum of thirty hours a week of professional employment in speech-language pathology or audiology for at least nine months whether or not for wages or other compensation under the supervision of a speech-language pathologist or audiologist licensed under this chapter. The supervisor must have a minimum of three years of full-time work experience. Editor's Note Prior Laws:1962 Code SECTION 56-1549.2; 1973 (58) 773; 1982 Act No. 411, SECTIONS 5, 6; 1990 Act No. 464, SECTION 1. The undesignated paragraph following subsection (2) was reprinted to correct a typographical error. Effect of Amendment 2014 Act No. 167, SECTION 1, added subsection (12), the definition of "Regionally accredited institution", and subsection (16), the definition of "Supervised Professional Employment" or "SPE"; and redesignated the subsections into alphabetical order.
S.C. Code Ann. § 40-10-200 — SC Code / Title 40 / Chapter 10 / Section 40-10-200
SECTION 40-10-200. Unauthorized practice; penalty; violations of chapter.
Status: in_force

(A)(1) A person who practices or offers to practice 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 five thousand dollars. (2) The board may refer charges under this section by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction. (3) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209. (B)(1) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to accept a bid, award a bid, sign or award a contract, allow an unlicensed contractor to begin work or issue or obtain any type of construction permit unless the bidder or fire sprinkler contractor has first obtained the proper license or certification as required by this chapter. (2) Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not licensed at the time the initial bid or contract was submitted or awarded. (C) Contracts or written agreements for fire sprinkler system work within this State that have been accepted, approved, signed, or awarded by an awarding authority, owner, or contractor may not be reconsidered or submitted to an awarding authority, owner or contractor, if the entity that was awarded the project is not licensed at the time the contract or written agreement was submitted. (D) An entity that is not licensed as required by this chapter must immediately withdraw his bid, offer, or contract and submit his resignation from the project. The entity may not benefit from a project in which the entity is in violation. The entity cannot submit another bid or perform work as a subcontractor to a licensed contractor on any project in which the entity has been in violation or obtain a license and go back on the same project in which he was in violation. If the contractor becomes licensed, the department may waive this requirement based upon the percentage of completion of the project or if it is determined to be detrimental to public interest.
S.C. Code Ann. § 40-79-30 — SC Code / Title 40 / Chapter 79 / Section 40-79-30
SECTION 40-79-30. License requirement.
Status: in_force

It is unlawful for a person to practice in the alarm system business in this State without being licensed in accordance with this chapter. Editor's Note Prior Laws:1986 Act No. 512, SECTION 2; 1976 Code SECTION 40-79-20.
S.C. Code Ann. § 40-55-350 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-350
SECTION 40-55-350. Compact temporary authorization to practice.
Status: in_force

(A) Compact states also shall recognize the right of a psychologist, licensed in a compact state in conformance with Section 40-55-330, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact. (B) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must: (1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (a) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or (b) a foreign college or university deemed to be equivalent to subitem (a) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and (2) hold a graduate degree in psychology that meets the following criteria: (a) the program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (b) the psychology program must stand as a recognizable, coherent, organizational entity within the institution; (c) there must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; (d) the program must consist of an integrated, organized sequence of study; (e) there must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; (f) the designated director of the program must be a psychologist and a member of the core faculty; (g) the program must have an identifiable body of students who are matriculated in that program for a degree; (h) the program must include supervised practicum, internship, or field training appropriate to the practice of psychology; (i) the curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master's degree; and (j) the program includes an acceptable residency as defined by the rules of the commission; (3) possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state; (4) have no history of adverse action that violates the rules of the commission; (5) have no criminal record history that violates the rules of the commission; (6) possess a current, active IPC; (7) provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and (8) meet other criteria as defined by the rules of the commission. (C) A psychologist practicing in a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state. (D) A psychologist practicing in a distant state under the temporary authorization to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state promptly shall notify the home state and the commission. (E) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
S.C. Code Ann. § 40-6-360 — SC Code / Title 40 / Chapter 6 / Section 40-6-360
SECTION 40-6-360. Limitations on payments from fund.
Status: in_force

Payments from the fund are limited as follows: (1) Only the claimant's actual damages may be paid from the fund. No claimant may recover punitive, special, or consequential damages or attorney's fees. (2) The fund is not liable for more than ten thousand dollars for each transaction, regardless of the number of persons aggrieved. (3) The liability of the fund may not exceed in the aggregate twenty thousand dollars for one licensee in one calendar year. (4) A party aggrieved and awarded payment by a final commission decision has a vested right for payment. Claims against the fund must be made in the same order as the awards were authorized. If claims against the fund exceed the monies in the fund, the commission shall satisfy unpaid claims as soon as sufficient monies are deposited. An award is not a claim against the State if it cannot be paid due to a lack of monies in the fund. (5) Notwithstanding item (4), if the maximum liability of the fund is insufficient to pay in full the valid claims of aggrieved persons whose claims relate to the same transaction or to the same licensee, the amount for which the fund is liable must be distributed among the claimants on a pro rata basis. The commission may join in one action claims having a common factual basis so that an equitable distribution from the fund may be achieved. Editor's Note Prior Laws:1991 Act No. 38, SECTION 1; 1976 Code SECTION 40-6-230.
S.C. Code Ann. § 40-58-40 — SC Code / Title 40 / Chapter 58 / Section 40-58-40
SECTION 40-58-40. Surety bonds; determination of amount; uses.
Status: in_force

A mortgage broker shall post and maintain a surety bond in an amount determined by the administrator that is based on the total dollar amount of mortgage loans originated in a calendar year pursuant to the following: (1) dollar volume of mortgage loans from $0 to $49,999,999 surety bond of $25,000, (2) dollar volume of mortgage loans from $50,000,000 to $99,999,999 surety bond of $40,000, (3) dollar volume of mortgage loans greater than $100,000,000 surety bond of $55,000. In no case will the surety bond be less than the amount of twenty-five thousand dollars. The surety bond must be executed by a surety company authorized by the laws of this State to transact business within this State. The surety bond must be in a form satisfactory to the administrator, must be executed to the administrator, and must be for the use of the State for the recovery of expenses, fines, and/or fees levied pursuant to this chapter and for consumers who have losses or damages as a result of noncompliance with this chapter by the mortgage broker. The full amount of the surety bond must be in effect at all times. The license of a licensee expires upon the termination of the bond by the surety company, unless a new bond has been filed with the administrator before the termination of the previous bond. In the event that the license expires based on bond termination, all licensed activity must cease and the person must apply for a license pursuant to Section 40-58-50. Editor's Note Prior Laws:1988 Act No. 544; 1989 Act No. 52, SECTION 1; 1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-10-10 — SC Code / Title 40 / Chapter 10 / Section 40-10-10
SECTION 40-10-10. Administration of act.
Status: in_force

The Fire Protection Sprinkler Systems Act must be administered by the South Carolina Contractor's Licensing Board which, in its authority over the fire sprinkler 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 or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Chapter 1 of Title 40. The purpose of this act is to assure the people of South Carolina that fire protection sprinkler systems are being installed and maintained by individuals or fire sprinkler contractors that are properly licensed and qualified to engage in the planning, sale, installation, repair, alteration, addition, maintenance, testing, or inspection of these systems.
S.C. Code Ann. § 40-47-1610 — SC Code / Title 40 / Chapter 47 / Article 10 / Section 40-47-1610
SECTION 40-47-1610. Injunctions; fines; actions by unregistered persons.
Status: in_force

(A) The Administrative Law Court, after opportunity for hearing, may order injunctive relief against a person who, without possessing a valid certificate pursuant to this article, uses the title or term registered cardiovascular invasive specialist. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars. (B) A person who is not registered as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for providing services as a registered cardiovascular invasive specialist.
S.C. Code Ann. § 40-38-60 — SC Code / Title 40 / Chapter 38 / Section 40-38-60
SECTION 40-38-60. Adoption of bylaws to govern board proceedings.
Status: in_force

The board may adopt bylaws governing its own proceedings and promulgate regulations for the practice of opticianry and examination of applicants for the practice of opticianry. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1993 Act No. 181, SECTION 914.
S.C. Code Ann. § 40-8-70 — SC Code / Title 40 / Chapter 8 / Section 40-8-70
SECTION 40-8-70. Board power and duties.
Status: in_force

In addition to the powers and duties included in Sections 40-1-70 through 40-1-100, the board shall establish policies and procedures consistent with this chapter, shall have the full power to regulate the issuance of licenses, and shall discipline licensees in any manner permitted by this chapter or under the provisions of Sections 40-1-110 through 40-1-150.
S.C. Code Ann. § 40-6-230 — SC Code / Title 40 / Chapter 6 / Section 40-6-230
SECTION 40-6-230. Eligibility requirements for license as auctioneer, purebred livestock auctioneer, or tobacco auctioneer.
Status: in_force

(A) To be licensed as an auctioneer, an individual must: (1) be eighteen years of age or older; (2) submit a written application on a form approved by the commission along with the required fee; (3) have satisfactorily completed: (a) one year of apprenticeship; or (b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent and 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 and pay a ten dollar fee to the commission to obtain the credit report. (B) To be licensed as a purebred livestock auctioneer, an individual must: (1) be eighteen years of age or older; (2) submit a written application on a form approved by the commission along with the required fee; (3) have satisfactorily completed: (a) one year of apprenticeship; or (b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent; (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 and pay a ten dollar fee to the commission to obtain the credit report. (C) To be licensed as a tobacco auctioneer, an individual must: (1) be eighteen years of age or older; (2) submit a written application on a form approved by the commission along with the required fee; (3) have satisfactorily completed: (a) one year of apprenticeship; or (b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent; (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 and pay a ten dollar fee to the commission to obtain the credit report. Editor's Note Prior Laws:1977 Act No. 111, SECTION 8; 1980 Act No. 327; 1987 Act No. 34, SECTION 1; 1991 Act No. 38, SECTION 5; 1993 Act No. 155, SECTION 9; 1976 Code SECTION 40-6-80.
S.C. Code Ann. § 40-57-90 — SC Code / Title 40 / Chapter 57 / Article 1 / Section 40-57-90
SECTION 40-57-90. Application for examination or licensure; form and fees.
Status: in_force

An application for examination or licensure must be made on a form prescribed by the commission and must be accompanied by all applicable fees. Editor's Note Prior Laws:1956 (49) 2046; 1962 Code SECTION 56-1545.9; 1972 (57) 2649; 1976 Act No. 519; 1981 Act No. 136, SECTION 1; 1986 Act No. 353, SECTION 6; 1991 Act No. 12, SECTION 7; 1994 Act No. 385, SECTION 6; 1976 Code SECTION 40-57-100. Effect of Amendment 2016 Act No. 170, SECTION 1, substituted "commission" for "department". 2024 Act No. 204, SECTION 3, deleted "in writing" following "must be made".
S.C. Code Ann. § 40-55-380 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-380
SECTION 40-55-380. Additional authorities invested in a compact state's psychology regulatory authority.
Status: in_force

(A) In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to: (1) issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, the production of evidence, or any combination of the foregoing from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses, evidence, or both, are located; and (2) issue cease and desist orders, injunctive relief orders, or both, to revoke a psychologist's authority to practice interjurisdictional telepsychology, temporary authorization to practice, or both. (B) During the course of any investigation, a psychologist may not change his/her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
S.C. Code Ann. § 40-63-240 — SC Code / Title 40 / Chapter 63 / Article 1 / Section 40-63-240
SECTION 40-63-240. Licensure requirements; Independent Social Worker-Clinical Practice.
Status: in_force

(A) To be licensed as an Independent Social Worker—Clinical Practice, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board; (5) course work content from a program accredited by a nationally recognized accrediting body for social work programs or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board shall include forty-five academic contact hours each of: (a) psychopathology; (b) psychodiagnostics; (6) demonstrate to the board the satisfactory completion of three thousand hours of social work practice under clinical supervision, which meets the following criteria, or demonstrate to the board's satisfaction equivalent supervised experience in the practice of Clinical Social Work. The board may review extraordinary circumstances related to supervised practice. Supervised practice under clinical supervision shall meet the following requirements: (a) must have occurred after licensure as a Masters Social Worker and over a minimum two-year and maximum four-year period; (b) must include face-to-face meetings between the approved clinical supervisor and the supervisee for a minimum of one hundred hours of direct clinical supervision equitably distributed; (c) be documented by a plan for clinical supervision, filed with the board before beginning the period of supervision, (properly amended by submission of a notice of the end of supervision and a termination evaluation if a supervisory change is made) and submitted to the board with a termination evaluation at the end of the supervisory period; (7) have obtained fifteen academic contact hours or twenty continuing education contact hours in professional ethics during the course of the professional supervision period, or have completed a board sponsored specialty course in professional ethics; (8) have successfully passed an examination prescribed by the board; (9) have paid all applicable fees specified by the board. (B) To be licensed as an Independent Social Worker—Advanced Practice, an applicant must: (1) have submitted a written application in the form prescribed by the board; (2) be at least twenty-one years of age; (3) be of good moral character; (4) have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board; (5) course work content shall include ninety academic contact hours of course work in advanced social work practice with communities and organizations; (6) demonstrate to the board the satisfactory completion of three thousand hours of social work practice under advanced practice supervision, which meets the following criteria, or demonstrate to the board's satisfaction equivalent supervised experience in the practice of advanced practice social work. The board may review extraordinary circumstances related to supervised practice. Supervised practice under advanced practice supervision shall meet the following requirements: (a) must have occurred after licensure as a Masters Social Worker and over a minimum two-year and maximum four-year period; (b) must include face-to-face meetings between the approved advanced practice supervisor and the supervisee for a minimum of one hundred hours of direct advanced practice supervision equitably distributed; (c) be documented by a plan for advanced practice supervision, filed with the board before beginning the period of supervision, (properly amended by submission of a notice of the end of supervision and a termination evaluation if a supervisory change is made) and submitted to the board with a termination evaluation at the end of the supervisory period; (7) have obtained fifteen academic contact hours or twenty continuing education contact hours in professional ethics during the course of the professional supervision period, or have completed a board sponsored specialty course in professional ethics; (8) have successfully passed an examination prescribed by the board; (9) have paid all applicable fees specified by the board. (C) The qualifications for an Approved Advanced Practice Supervisor are that the licensee must: (1) be a Licensed Independent Social Worker—Advanced Practice; (2) have successfully passed an examination prescribed by the board; (3) have a minimum of four thousand five hundred hours of advanced practice earned over a period of not less than three years beyond receipt of an LISW-AP; (4) have obtained forty-five academic contact hours or forty-five continuing education contact hours in supervision. (D) The qualifications for a Clinical Practice Supervisor are that the licensee must: (1) be a Licensed Independent Social Worker—Clinical Practice; (2) have successfully passed an examination prescribed by the board; (3) have a minimum of four thousand five hundred hours of clinical practice earned over a period of not less than three years beyond receipt of an LISW-CP; (4) have obtained forty-five academic contact hours or forty-five continuing education contact hours in supervision.
S.C. Code Ann. § 40-15-85 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-85
SECTION 40-15-85. Definitions.
Status: in_force

For purposes of this chapter: (1) "Analgesia" means the diminution or elimination of pain with full consciousness maintained by the patient. (2) "Deep sedation" means a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. Reflex withdrawal from a painful stimulus is not considered a purposeful response. The ability to independently maintain ventilator function may be impaired. Patients may require assistance in maintaining patients' airways. Spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained. (3) "Direct supervision" means that a dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before the dismissal of the patient, evaluates the performance of the auxiliary. This requirement does not mandate that a dentist be present at all times, but he or she must be on the premises actually involved in supervision and control. (4) "Enteral" means a route of administration that includes any technique in which the agent is absorbed through the gastrointestinal tract or oral mucosa. (5) "General anesthesia" means a drug-induced loss of consciousness during which patients are not aroused, even by painful stimulation. The ability to independently maintain ventilatory functions is often impaired. Patients often require assistance in maintaining patients' airways; positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired. (a) Because sedation and general anesthesia are on a continuum, it is not always possible to predict how an individual patient will respond. Hence, practitioners intending to produce a given level of sedation should be able to diagnose and manage the physiologic consequences for patients whose level of sedation becomes deeper than initially intended. (b) For all levels of sedation, the practitioner must have the training, skills, drugs, and equipment to identify and manage such an occurrence until either assistance arrives or the patient returns to the intended level of sedation without airway or cardiovascular complications. (6) "General supervision" means that a licensed dentist or the South Carolina Department of Health and Environmental Control's public health dentist has authorized the procedures to be performed but does not require that a dentist be present when the procedures are performed. (7) "Inhalation" means a route of administration in which a gaseous or volatile agent introduced into the lungs and whose primary effect is due to absorption through the interface of gas and blood. (8) "Local anesthesia" means the elimination of sensation, especially pain, in one part of the body by the topical application or regional as applies to dental, oral, or maxillofacial injection of a drug. (9) "Minimal sedation" means a minimally depressed level of consciousness, produced by a pharmacological method, that retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive functions and coordination may be modestly impaired, ventilator and cardiovascular functions are unaffected. (a) When the intent is minimal sedation for adults, the appropriate initial dosing of a single enteral drug is no more than the maximum recommended dose of a drug that can be prescribed for unmonitored home use. (b) The use of preoperative sedatives for children under thirteen years of age before arrival in the dental office, except in extraordinary situations, must be avoided due to the risk of unobserved respiratory obstruction during transport by untrained individuals. (c) Children under thirteen years of age may become moderately sedated despite the intended level of minimal sedation; should this occur, the guidelines for moderate sedation apply. (d) For children under thirteen years of age, the board supports the American Dental Association's stance that supports the use of the American Academy of Pediatrics/American Academy of Pediatric Dentistry's "Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures". (e) Nitrous oxide, oxygen, or both, may be used in combination with a single enteral drug in minimal sedation. (f) Nitrous oxide, oxygen, or both, when used in combination with a sedative agent may produce minimal, moderate, or deep sedation/general anesthesia. (10) "Moderate sedation" means a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain patients' airways, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. (11) "Oral prophylaxis" means the removal of any and all hard and soft deposits, accretions, toxins, and stain from any natural or restored surfaces of teeth or prosthetic devices by scaling and polishing as a preventive measure for the control of local irritational factors. (12) "Parenteral" means a route of administration in which the drug bypasses the gastrointestinal tract. (13) "Titration" means the administration of moderate or greater sedation. The term means administration of incremental doses of a drug until a desired effect is reached. Knowledge of each drug's time of onset, peak response, and duration of action is essential to avoid oversedation. Although the concept of titration of a drug to effect is critical for patient safety, when the intent is moderate sedation, one must know whether the previous dose has taken full effect before administering an additional drug increment. (14) "Transdermal" means a route of administration in which the drug is administered by patch or iontophoreis through skin. (15) "Transmucosal" means a route of administration in which the drug is administered across mucosa such as intranasal, sublingual, or rectal. Effect of Amendment 2014 Act No. 222, SECTION 2, rewrote the section.
S.C. Code Ann. § 40-36-580 — SC Code / Title 40 / Chapter 36 / Article 3 / Section 40-36-580
SECTION 40-36-580. Establishment of the Occupational Therapy Compact Commission.
Status: in_force

(A) The compact member states hereby create and establish a joint public agency known as the "Occupational Therapy Compact Commission". (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this compact may be construed to be a waiver of sovereign immunity. (B) With respect to commission membership, voting, and meetings: (1) each member state has, and is limited to, one delegate selected by that member state's licensing board; (2) the delegate must be either: (a) a current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or (b) an administrator of the licensing board; (3) a delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed; (4) the member state board shall fill a vacancy occurring in the commission within ninety days; (5) each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission, provided a delegate shall vote in person or by such other means as provided in the bylaws, and the bylaws may provide for delegates' participation in meetings by telephone or other means of communication; (6) the commission shall meet at least once during each calendar year and additional meetings shall be held as set forth in the bylaws; and (7) the commission shall establish by rule a term of office for delegates. (C) The commission has powers and duties to: (1) establish a code of ethics for the commission; (2) establish the fiscal year of the commission; (3) establish bylaws; (4) maintain its financial records in accordance with the bylaws; (5) meet and take such actions as are consistent with the provisions of this compact and the bylaws; (6) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact, which have the force and effect of law and are binding in all member states; (7) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of a state occupational therapy licensing board to sue or be sued under applicable law shall not be affected; (8) purchase and maintain insurance and bonds; (9) borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state; (10) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (11) accept appropriate donations and grants of money, equipment, supplies, materials and services, and receive, and use and dispose of them; provided that the commission shall avoid any appearance of impropriety, or conflict of interest; (12) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety; (13) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of real property, personal property, or a mixture of real and personal property; (14) establish a budget and make expenditures; (15) borrow money; (16) appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (17) provide and receive information from, and cooperate with, law enforcement agencies; (18) establish and elect an executive committee; and (19) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice. (D) With respect to the executive committee: (1) the executive committee shall have the power to act on behalf of the commission according to the terms of this compact; (2) the executive committee is composed of nine members, consisting of: (a) seven voting members who are elected by the commission from the current membership of the commission; (b) one ex officio, nonvoting member from a recognized national occupational therapy professional association; and (c) one ex officio, nonvoting member from a recognized national occupational therapy certification organization; (3) the ex officio members must be selected by their respective organizations; (4) the commission may remove a member of the executive committee as provided in bylaws; (5) the executive committee shall meet at least annually; and (6) the executive committee has the duties and responsibilities to: (a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege; (b) ensure compact administration services are appropriately provided, contractual or otherwise; (c) prepare and recommend the budget; (d) maintain financial records on behalf of the commission; (e) monitor compact compliance of member states and provide compliance reports to the commission; (f) establish additional committees as necessary; and (g) perform other duties as provided in rules or bylaws. (E) With respect to meetings of the commission: (1) all meetings of the commission are open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in Section 40-36-600; (2) the commission, executive committee, or other committees of the commission may convene in a closed, nonpublic meeting if the commission, executive committee, or other committees of the commission must discuss: (a) noncompliance of a member state with its obligations under the compact; (b) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (c) current, threatened, or reasonably anticipated litigation; (d) negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (e) accusing a person of a crime or formally censuring a person; (f) disclosure of trade secrets or commercial or financial information that is privileged or confidential; (g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (h) disclosure of investigative records compiled for law enforcement purposes; (i) disclosure of information related to an investigative report prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (j) matters specifically exempted from disclosure by federal or member state statute; (3) if a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision; and (4) the commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. (F) With respect to financing of the commission, the commission: (1) shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities; (2) may accept appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services; (3) may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources, provided the aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states; (4) may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state; and (5) shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. (G) With respect to qualified immunity, defense, and indemnification: (1) the members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph may be construed to protect any such person from suit or liability for damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person; (2) the commission shall defend any member, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that no provision of this article may be construed to prohibit that person from retaining his own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or wilful or wanton misconduct; (3) the commission shall indemnify and hold harmless a member, officer, executive director, employee, or representative of the commission for the amount of a settlement or judgment obtained against that person arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
S.C. Code Ann. § 40-49-10 — SC Code / Title 40 / Chapter 49 / Article 1 / Section 40-49-10
SECTION 40-49-10. Certificate required to install sanitary plumbing.
Status: in_force

It shall be unlawful for any person, be he master plumber, employing plumber or journeyman plumber, to install sanitary plumbing in any city or town having a population of fifteen thousand inhabitants or more, as fixed by the then most recent Federal census, until such person shall have made application to the local board of plumbing examiners, and shall have received from such board a certificate as to his qualifications to perform such work.
S.C. Code Ann. § 40-10-05 — SC Code / Title 40 / Chapter 10 / Section 40-10-05
SECTION 40-10-05. Application of Chapter 1; conflicts.
Status: in_force

Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to fire sprinkler systems regulated or administered, or both, by the South Carolina Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-60-140 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-140
SECTION 40-60-140. License denial based on prior criminal record.
Status: in_force

A license may be denied based on a person's prior criminal record, only as provided for in Section 40-1-140.
S.C. Code Ann. § 40-67-220 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-220
SECTION 40-67-220. Period of licensure; qualifications for licensure; submittal of documented evidence; inactive licensure.
Status: in_force

(A) A license must be issued independently in either speech-language pathology or audiology. A license is valid for two years; however, an intern license only is valid for one year. A license application received after December thirty-first is valid for the next licensure period. (B) To be licensed by the board as a speech-language pathologist or audiologist an individual must have: (1)(a) earned a post-graduate degree in speech-language pathology or audiology from a school or program with regional accreditation determined by the board to be equivalent to those accredited by the Council of Academic Accreditation (CAA) for Audiology and Speech-Language Pathology of the American Speech-Language Hearing Association (ASHA) or other board-approved authority; (b) achieved a passing score on a national examination as approved by the board; and (c) completed Supervised Professional Employment (SPE) as defined by the board in regulation; or (2) met ASHA's Standards for Certificate of Clinical Competence, or its equivalent as approved by the board, in speech-language pathology or audiology in effect at the time of application; or (3) a current ASHA Certificate of Clinical Competence or its equivalent as approved by the board. (C) An applicant for active licensure in audiology with a master's in audiology degree awarded before January 1, 2007, must submit or cause to be submitted documented evidence of the following: (1)(a) holding at least a master's degree in audiology or its equivalent from a school or program determined by the board to be equivalent to those accredited by the Council of Academic Accreditation (CAA) for Audiology and Speech-Language Pathology for the American Speech-Language Hearing Association (ASHA); (b) successful completion of a supervised clinical practicum approved by the board; and (c) successful completion of postgraduate professional experience approved by the board; or (2) meeting ASHA's standards for Certificate of Clinical Competence or its equivalent as approved by the board. (D) An applicant for active licensure in audiology with a doctorate in audiology degree awarded after January 1, 2007, must submit or cause to be submitted documented evidence of: (1) holding a doctoral degree in audiology from a school or educational institution with regional accreditation determined by the board to be equivalent to those accredited by the Council of Academic Accreditation (CAA) for Audiology and Speech-Language Pathology of the American Speech-Language Hearing Association (ASHA); or (2) meeting ASHA's standards for Certificate of Clinical Competence or its equivalent as approved by the board. (E)(1) A speech-language pathology or audiology intern license must be issued to an applicant who has satisfied the requirement of subsection (B)(1)(a) and who has not passed the examination required by subsection (B)(1)(b) or who lacks the supervised professional employment as required by subsection (B)(1)(c), or both. (2) A person who has been issued a license as an intern who has not met the requirement of subsection (B)(1)(b) must pass an examination approved by the board within twelve months of the issuance of the intern license. (F) To be licensed as a speech-language pathology assistant, an applicant must have earned a bachelor's degree from a regionally accredited institution in speech-language pathology and must submit an application which includes a supervisory agreement and an on-the-job training plan, both of which must comply with requirements established by the board in regulation. Speech-language pathologists who use a speech-language pathology assistant in their practices must comply with guidelines promulgated by the board in regulation. (G) A person requesting inactive licensure must demonstrate documented evidence of: (1) holding a valid unrestricted license issued by this board at the time that inactive licensure is requested; (2) agreeing not to practice speech-language pathology or audiology while holding an inactive license. An inactive license may be renewed for a maximum of four biennial renewal periods. Effect of Amendment 2014 Act No. 167, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-47-1015 — SC Code / Title 40 / Chapter 47 / Article 7 / Section 40-47-1015
SECTION 40-47-1015. Fees for licensure.
Status: in_force

(A) Fees for PA licensure are established as follows: (1) initial licensing fee, not to exceed five hundred dollars; (2) renewal of license fee, not to exceed one hundred fifty dollars; (3) late renewal fee, not to exceed the renewal fee doubled; and (4) reactivation application fee, not to exceed two hundred dollars. (B) Fees may be adjusted biennially pursuant to 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 committee. Effect of Amendment 2019 Act No. 32, SECTION 2, in (A), substituted "PA" for "physician assistant", deleted (5) and (6), which related to a change in supervisor fee and additional primary supervisor for dual employment fee, and made nonsubstantive changes.
S.C. Code Ann. § 40-13-160 — SC Code / Title 40 / Chapter 13 / Section 40-13-160
SECTION 40-13-160. Right of aggrieved party to seek review of board decision.
Status: in_force

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
S.C. Code Ann. § 40-51-230 — SC Code / Title 40 / Chapter 51 / Section 40-51-230
SECTION 40-51-230. Exemptions.
Status: in_force

This chapter shall not apply to licensed physicians or surgeons in this State, to osteopaths licensed by the State Board of Medical Examiners, nor to surgeons of the Army, Navy, Air Force, and Public Health Service when in actual performance of their official duties.
S.C. Code Ann. § 40-19-10 — SC Code / Title 40 / Chapter 19 / Section 40-19-10
SECTION 40-19-10. Board of Funeral Service; creation; membership; conduct of business by positive majority vote.
Status: in_force

There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members, two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment. The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur. 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. Editor's Note Prior Laws:1955 (49) 550; 1962 Code SECTION 56-652; 1965 (54) 518; 1968 (55) 2706; 1971 (57) 327; 1973 (58) 787; 1983 Act No. 146, SECTION 1; 1984 Act No. 459, SECTION 1; 1976 Code SECTION 40-19-20.
S.C. Code Ann. § 40-35-80 — SC Code / Title 40 / Chapter 35 / Section 40-35-80
SECTION 40-35-80. Investigation of complaints and violations.
Status: in_force

The department on behalf of the board shall investigate complaints and violations of this chapter as provided for in Chapter 1. Editor's Note Prior Laws:1997 Act No. 66, SECTION 1.
S.C. Code Ann. § 40-37-180 — SC Code / Title 40 / Chapter 37 / Section 40-37-180
SECTION 40-37-180. Payment and collection of costs.
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 of Title 40.
S.C. Code Ann. § 40-77-5 — SC Code / Title 40 / Chapter 77 / Section 40-77-5
SECTION 40-77-5. Application of chapter; conflict of law.
Status: in_force

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to geologists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
S.C. Code Ann. § 40-33-43 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-43
SECTION 40-33-43. Provision of medications in certain facilities by selected unlicensed persons; creation of Medication Technician Certification Program; Medication Technician Registry.
Status: in_force

In intermediate care facilities for persons with intellectual disability as defined in Article 3, Chapter 7, Title 44, community residential care facilities as defined in Article 3, Chapter 7, Title 44, nursing homes as defined in Article 3, Chapter 7, Title 44, and correctional facilities, the provision of medications may be performed by selected unlicensed persons with documented medication training and skill competency evaluation. For nursing homes only, the Department of Health and Human Services shall develop a Medication Technician Certification Program. The department shall develop program standards to include, but not be limited to, curriculum, training and competence, and testing certification requirements. The department shall create and maintain a Medication Technician Registry. The provision of medications by selected unlicensed persons is limited to oral and topical medications, and regularly scheduled insulin, and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications. Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing their competency evaluations, may approve selected unlicensed persons for the provision of medications. Effect of Amendment 2021 Act No. 19, SECTION 1, in the first sentence, inserted "and correctional facilities" following "In community residential care facilities". 2022 Act No. 179, SECTION 1, rewrote the section.
S.C. Code Ann. § 40-15-300 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-300
SECTION 40-15-300. Possession of prosthetic or orthodontic model, impression, or appliance unlawful without work authorization.
Status: in_force

No person other than a licensed dentist, a student in an accredited dental school, or the recipient patient shall have in his possession any prosthetic or orthodontic model, impression, or appliance on which dental technological work has been, is being, or will be performed without having in his possession a properly executed written work authorization therefor. The board has authority to inspect the premises of any person licensed or registered by the board to insure compliance with this section. Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises.
S.C. Code Ann. § 40-56-80 — SC Code / Title 40 / Chapter 56 / Section 40-56-80
SECTION 40-56-80. Investigations; inspections; confiscation of illegal fireworks; board may compel attendance of witnesses.
Status: in_force

(A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Chapter 1. (B) During reasonable business hours, the department or its authorized agent may enter the premises or vehicle of a person engaged in the manufacture, sale, or storage of pyrotechnics to inspect, investigate, or examine the property or installation it considers necessary. When an emergency exists, as declared by the department, the inspector may enter the premises of a person and take necessary action for public safety including, but not limited to, the evacuation of the area where the emergency exists. (C) A fire chief and his inspector, a sheriff and his deputy, a chief of police and his officer, and an agent of SLED may inspect a building, facility, or vehicle where fireworks may be manufactured, stored, or sold and records of manufacturing, storage, sales, and purchases that must be maintained. (D) An official named in this section who has the authority to inspect may confiscate illegal fireworks being manufactured, offered for sale, stored, or possessed. (E) The board may compel the attendance of witnesses to testify in relation to a matter within its jurisdiction.
S.C. Code Ann. § 40-65-32 — SC Code / Title 40 / Chapter 65 / Section 40-65-32
SECTION 40-65-32. Application form for licensure or certification.
Status: in_force

Applications for licensure as a professional soil classifier and for certification as a soil-classifier-in-training must be on forms prescribed and furnished by the department. Editor's Note Prior Laws: 1962 Code SECTION 56-1546.44; 1974 (58) 2828; 1993 Act No. 181, SECTION 946; 1976 Code 40-65-140.
S.C. Code Ann. § 40-60-80 — SC Code / Title 40 / Chapter 60 / Article 1 / Section 40-60-80
SECTION 40-60-80. Investigation of complaints and violations; stays; appeal.
Status: in_force

(A) The department shall investigate complaints and violations of this chapter as provided in this chapter and Section 40-1-80. (B) If a complaint filed with the board involves an appraisal report that varies from a sales, lease, or exchange price, the board may decline to conduct an investigation. (C) If a complaint filed with this board is received without a stated complainant, along with contact information and supporting documentation as to potential violations, the board may decline to conduct an investigation. (D) The board is prohibited from conducting an investigation based solely on a dispute over the value of property for ad valorem tax purposes. (E) A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160 and the South Carolina Administrative Procedures Act. Editor's Note Prior Laws:1991 Act No. 12, SECTION 1; 1993 Act No. 143, SECTION 7; 1993 Act No. 181, SECTION 938; 1994 Act No. 385, SECTION 22; 2000 Act No. 335, SECTION 1; 1976 Code SECTIONS 40-60-160, 40-60-150. Effect of Amendment 2014 Act No. 180, SECTION 9, in subsection (A), inserted "this chapter and". 2016 Act No. 243, SECTION 7, deleted former (D), relating to stay or supersedeas; redesignated former (E) as (D); and in (D), inserted reference to the Administrative Procedures Act. 2024 Act No. 196, SECTION 13, inserted (C), and redesignated former (C) and (D) as (D) and (E), respectively.
S.C. Code Ann. § 40-75-1020 — SC Code / Title 40 / Chapter 75 / Article 6 / Section 40-75-1020
SECTION 40-75-1020. Oversight, dispute resolution, and enforcement.
Status: in_force

(A) Oversight: (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission. (3) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules. (B) Default, technical assistance, and termination: (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall: (a) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the commission; and (b) provide remedial training and specific technical assistance regarding the default. (C) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (D) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. (E) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (F) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (G) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (H) Dispute resolution: (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (I) Enforcement: (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
S.C. Code Ann. § 40-67-240 — SC Code / Title 40 / Chapter 67 / Article 1 / Section 40-67-240
SECTION 40-67-240. Issuance of license upon satisfaction of all requirements; personal right; display of license; title; duplicate license.
Status: repealed

(A) If an applicant satisfies all licensure requirements as provided for in this chapter, the board shall issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a speech-language pathologist or an audiologist, or of an assistant or intern while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board. (B) A person licensed under this chapter must display the document in a prominent and conspicuous place in the person's place of business or place of employment. (C) Only a person licensed under this chapter may use the title of "speech-language pathologist" or "audiologist" or "speech-language pathology assistant". (D) A duplicate license may be issued by the board as provided by law. Code Commissioner's Note At the direction of the Code Commissioner, in subsection (D), substituted "as provided by law" for "in accordance with Section 40-67-50". Section 40-67-50 was repealed by 2014 Act No. 207, SECTION 1. The schedule of fees for certain professional and occupational licensing boards, commissions, panels, and councils is provided by regulation pursuant to the statutory authority provided in Section 40-1-50. Editor's Note Prior Laws:1962 Code SECTION 56-1549.13; 1973 (58) 773; 1976 Code SECTION 40-67-140.
S.C. Code Ann. § 40-19-90 — SC Code / Title 40 / Chapter 19 / Section 40-19-90
SECTION 40-19-90. 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. § 40-57-310 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-310
SECTION 40-57-310. Qualifications for licensure.
Status: in_force

To be eligible for licensure as a real estate broker, broker-in-charge, or associate, an applicant must: (1) attain the age of twenty-one if applying for a license as a broker or broker-in-charge; (2) attain the age of eighteen if applying for a license as an associate; (3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, associate, broker, or broker-in-charge pursuant to Section 40-57-710; (4) graduate from high school or hold a certificate of equivalency recognized by the State Department of Education; (5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter; (6) if applicable, submit experience requirements as specified in this chapter; (7) submit to a criminal background check as provided in Section 40-57-115 for initial application; and (8) pass the state and national portions of the applicable examination. Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2024 Act No. 204, SECTION 3, in the first undesignated paragraph, substituted "associate" for "salesperson"; in (2), substituted "an associate" for "a salesperson"; in (3), in the third sentence, substituted "associate" for "salesperson"; inserted (6) and redesignated former (6) and (7) as (7) and (8); in (7), substituted "submit to a" for "submit"; and in (8), inserted "state and national portions of the".
S.C. Code Ann. § 40-43-190 — SC Code / Title 40 / Chapter 43 / Section 40-43-190
SECTION 40-43-190. Protocol for pharmacists to administer vaccines without order of practitioner; informed consent; records.
Status: in_force

(A)(1) Upon recommendation of the Joint Pharmacist Administered Vaccines Committee, the Board of Medical Examiners shall determine whether a specific vaccine is appropriate for administration by a pharmacist without a written order or prescription of a practitioner pursuant to this section. If a vaccine is approved, the Board of Medical Examiners shall issue a written protocol for the administration of vaccines by pharmacists without an order or prescription of a practitioner. (2) The administration of vaccines as authorized in this section must not be to a person under the age of sixteen years; provided, however, that: (a) the influenza vaccine may be administered to a person twelve years of age or older pursuant to protocol issued by the Board of Medical Examiners; (b) the influenza vaccine may be administered to a person under the age of twelve pursuant to protocol issued by the Board of Medical Examiners upon recommendation of the Joint Pharmacist Administered Vaccines Committee; (c) a pharmacist who has completed the training described in subsection (B)(1) may administer other vaccines approved by the Centers for Disease Control to a person of any age pursuant to a written order or prescription of a practitioner for a specific patient of that practitioner; and (d) if the person receiving a vaccine is under the age of eighteen years, a pharmacist must inform the patient and their caregiver of the importance of mental health and routine well care visits with a pediatrician or other licensed primary care provider and refer patients as appropriate. (e) a pharmacist shall only administer a vaccine to a person less than sixteen years of age if that person's caretaker (with written parental consent), parent, or legal guardian is present at the time the vaccine is administered. (3) The written protocol must further authorize pharmacists to administer without an order or prescription of a practitioner those medications necessary in the treatment of adverse events. These medications must be used only in the treatment of adverse events and must be limited to those delineated within the written protocol. (4) The Board of Medical Examiners must issue the written protocol upon its approval of the vaccine for administration pursuant to this section. (5) A pharmacist who has completed the training described in subsection (B)(1) may administer a vaccine approved by the Centers for Disease Control pursuant to written order or prescription of a practitioner for a specific patient of that practitioner. (B) The written protocol must provide that: (1) A pharmacist seeking authorization to administer a vaccine approved pursuant to this section shall successfully complete a course of training accredited by the Accreditation Council for Pharmacy Education or a similar health authority or professional body approved by the Board of Pharmacy and the Board of Medical Examiners. Training must comply with current Centers for Disease Control guidelines and must include study materials, hands-on training, and techniques for administering vaccines and must provide instruction and experiential training in the following content areas: (a) mechanisms of action for vaccines, contraindications, drug interactions, and monitoring after vaccine administration; (b) standards for adult vaccination practices; (c) basic immunology and vaccine protection; (d) vaccine-preventable diseases; (e) recommended vaccination schedules; (f) vaccine storage management; (g) biohazard waste disposal and sterile techniques; (h) informed consent; (i) physiology and techniques for vaccine administration; (j) prevaccine and postvaccine assessment and counseling; (k) vaccination record management; (l) management of adverse events, including identification, appropriate response, emergency procedures, documentation, and reporting; (m) understanding of vaccine coverage by federal, state, and local entities; (n) needle-stick management. (2) A pharmacist administering vaccinations without an order or prescription of a practitioner pursuant to this section shall: (a) obtain the informed consent of the person being vaccinated or that person's guardian; (b) maintain a copy of the vaccine administration in that person's record and provide a copy to the person or the person's guardian; (c) notify that person's designated physician or primary care provider of a vaccine administered; (d) report administration of all vaccinations to the South Carolina Immunization Registry in compliance with regulations established by the Department of Health and Environmental Control as the department may require; provided, however, that the phase-in schedule provided in Regulation 61-120 for reporting vaccinations does not apply to vaccinations administered pursuant to this section; (e) maintain a current copy of the written protocol at each location at which a vaccination is administered pursuant to this section. (3) For purposes of this section, "informed consent" means a written document that is signed and dated by an individual; or if the individual is a minor, by a parent or legal guardian; or if the individual is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes: (a) an explanation of the vaccine or treatment that is written in language that is understandable to the average lay person; (b) language that clearly indicates that the individual agrees to the administration of the vaccine or treatment, that the individual has had time to thoughtfully and voluntarily accept or decline the vaccine or treatment free from coercion; and (c) if the vaccine or treatment is an investigational medical product or is made available through an Emergency Use Authorization by the federal Food and Drug Administration, a statement acknowledging its investigational nature and the civil liability protections afforded it by law. (4) A pharmacy intern or pharmacy technician may administer vaccinations under the direct supervision of a pharmacist who has completed vaccination training as required by item (1) if the pharmacy intern or pharmacy technician: (a) is certified through a basic life support or CPR provider-level course that is approved by the Board of Medical Examiners and the Board of Pharmacy and completes a practical training program that is approved by the Accreditation Council for Pharmacy Education (ACPE) which includes, at a minimum, hands-on injection technique and the recognition and treatment of emergency reactions to vaccines; and (b) if a pharmacy technician, the pharmacy technician must be: (i) state-certified; or (ii) nonstate-certified but administered vaccinations and received training pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act prior to the effective date of this section and registers with the Board of Pharmacy as an authorized vaccination provider. (5) A pharmacist or pharmacy technician administering vaccinations shall, as part of the current continuing education requirements, complete no less than one hour of continuing education each license year regarding administration of vaccinations. (C) Informed consent must be documented in accordance with the written protocol issued pursuant to this section. (D) All records required by this section must be maintained in the pharmacy for a period of at least ten years from the date of the last vaccination or dispensing for adults and at least thirteen years from the date of the last vaccination or dispensing for minors. (E) All documentation, records, and copies required by this section may be stored electronically. Editor's Note 2020 Act No. 158, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor. The initial recommendation required in Section 40-43-190(A)(2)(b) must be submitted to the Board of Medical Examiners no later than three months after the effective date of this act." Effect of Amendment 2015 Act No. 29, SECTION 1, rewrote the section. 2020 Act No. 158, SECTION 1, in (A)(2), inserted (b) and redesignated former (b) as (c); in (c), substituted "other vaccines" for "a vaccine"; and made a nonsubstantive change. 2024 Act No. 221, SECTION 5, rewrote the section.
S.C. Code Ann. § 40-1-50 — SC Code / Title 40 / Chapter 1 / Article 1 / Section 40-1-50
SECTION 40-1-50. Authority of department; record of board proceedings; roster of licensees; fee structures.
Status: in_force

(A) The department is responsible for all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the boards and commissions enumerated in Section 40-1-40. The director shall employ and supervise personnel necessary to effectuate the provisions of this article for each board provided for in Section 40-1-40. When hiring a person charged with evaluating or administering professional qualifications or licensing standards, the director must select from a list of three candidates submitted by the appropriate licensing board. However, a candidate whose name is submitted to the director must be chosen from a list of all candidates found to be qualified by the Human Management Office of the department. The authority to remove an employee of the department is vested with the Director of the Department of Labor, Licensing and Regulation. The director shall establish compensation for personnel assigned to the boards as the director considers necessary and appropriate for the administration of this article. Compensation and necessary expenses incurred in the performance of duties by personnel assigned to the board must be paid as an expense of the board in the administration of this article. The director shall enter into contracts and agreements the director considers necessary or incidental to carry out the provisions of this article to provide for all services required by each board. Board members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. The director, within the limits set by the Comptroller General, shall establish reimbursement standards for travel and other expenses incurred by a board member in the performance of the board member's official duties. Compensation and reimbursements paid to board members under this subsection must be paid as an expense of the board in the administration of this article and the board's chapter and must be paid from the fees received by the board pursuant to the provisions of this article or in a manner prescribed by the Department of Labor, Licensing and Regulation. The director shall maintain a separate account for funds collected on behalf of a board and shall indicate the expenses allotted to the board. The director shall adjust fees for revenue-funded boards in accordance with Section 40-1-50 (D). The director annually shall prepare a report to the Governor and the General Assembly indicating those regulated trades, occupations, and professions that do not meet the spirit and intent of Section 40-1-10. The director may perform any additional administrative functions requested by the boards. (B) The department shall keep a record of the proceedings of each board and shall maintain a registry of all applications for licensure, permitting, certification, and registration. The registry shall include the name, age, and last known address of each applicant, the place of business of the applicant, the education, experience, and other qualifications of the applicant, type of examination required, whether or not an authorization to practice was granted, the date of the action of the department, and other information considered necessary by the board. Except as otherwise required by law, the record of a board's proceedings and its registry of applicants must be open to public inspection, and a copy of the registry must be provided upon request and payment of a fee. Records of a board and its registry are prima facie evidence of its proceedings, and a copy certified by the administrator or the director under seal is admissible as evidence with the same force and effect as the original. (C) The department may prepare and publish a roster for each respective board containing the names and places of business of persons licensed under this article. A copy of the roster must be provided upon request and upon payment of a fee which may not exceed the cost of printing and distribution of the roster. (D) Initial fees for revenue-funded boards must be established by each board and shall serve as the base for necessary administrative adjustments. Each board, on at least a biennial basis, shall provide the director with a statement of anticipated expenditures, program changes, and other information as may be used in determining fees for the next biennial period. Fees for revenue-funded boards must be assessed, collected, and adjusted on behalf of each board by the department in accordance with this article. Fees may be adjusted biennially 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 each respective board. Fees must be deposited in accounts established for each respective board. The following steps must be used in the development and analysis of fee structures: (1) Determine current financial position of the program. Each month, the department's administrative section shall prepare statements reflecting monthly revenue collection activity and related program expenses for each board program. The financial standing of a board program must be reviewed each biennium for boards that renew biennially, annually for boards that renew on an annual basis, and more frequently if indicators evidence a significant financial fluctuation of more than ten percent variance between a program's revenue and related expenses; (2) Project future activity and related costs of the program. By reviewing historical volume information and adjusting trends to reflect changes in the industry, changes in the program, indicators from the board members to the staff, and general economic indicators, project program activity including, but not limited to, renewals and new applicants for the upcoming two to three years. Based on these population projections, forecast program revenues using the current fee structure. With input from the board and the staff, analyze related program direct board costs for the upcoming two to three years, based on historical trends, changes in program requirements, changes to expenditure centers, and changes in staffing requirements. To these direct costs, add the program's proportionate share of other related costs of the program including, but not limited to, administration of exams, agency administration, and information systems to arrive at the total program cost; (3) Determine the projected financial position of the program, propose changes where necessary, and compare the total projected revenue at the current fees to the total projected costs of the program over the next two to three years. If the current fees and the projected program activity do not support the projected program's expenses, develop alternative fee structures which would ensure the program's continuing financial stability as required by law; (4) Present findings to the director and staff for discussion, revision, evaluation, and adoption. While developing fee analyses, maintain communications with staff and agency management to ensure all necessary factors are evaluated and cost savings, efficiencies, and alternative cost reduction scenarios are pursued. Present fee analyses to board staff and management for discussion and revision where necessary. Propose alternatives to the director for consideration when preparing to adopt proposed fee schedules to achieve a structure sufficient to support the program. Fees for a board funded by general appropriations must be set by the General Assembly and deposited into the general fund. All fees are nonrefundable. (E) Where appropriate, the director shall adopt the necessary procedures to implement the biennial renewal of authorizations to practice in a manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period. During any transition, fees must be proportionate to the biennial fee. (F) A board may elect to delegate to the department the authority to issue an authorization to practice to an applicant whose proof of qualifications falls within established guidelines set by the board. A board may elect to delegate to the department the authority to deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this article or the licensing act of the board, who has failed to comply with a final order of a board, or who has failed to demonstrate the basic qualifications or standards for practice authorization contained in the board's licensing act. The applicant may appeal the denial to the board which has final regulatory decision-making authority for reconsideration. The board may uphold the denial, order issuance of the authorization to practice, or order issuance of the authorization to practice upon conditions set by the board. If the administrative decision is upheld, the applicant may reapply at the end of a twelve-month period. (G) The department shall suspend the practice authorization issued by a board administered by this article to a person who submits a check, money draft, or similar instrument for payment of a fee which is not honored by the financial institution named. The suspension becomes effective ten days following delivery by certified mail of written notice of the dishonor and the impending suspension to the person's address. Upon notification of suspension, the person may reinstate the authorization to practice upon payment of the fee and penalties required under statute or regulation. This suspension is exempt from the Administrative Procedures Act. (H) The department shall revoke the authorization to practice of a person found to be in violation of the Family Independence Act as it relates to child support enforcement requirements. (I) The department may prepare an annual report for submission to the Governor. It is the duty of the director to notify and seek approval of the board or commission at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30 of any proposed changes in any rules or regulations which may affect the practice or service of the respective licensing board or commission.
S.C. Code Ann. § 40-75-20 — SC Code / Title 40 / Chapter 75 / Article 1 / Section 40-75-20
SECTION 40-75-20. Definitions.
Status: in_force

As used in this article: (1) "Addiction counselor" means a professional who practices individual, family, and group addiction counseling. (2) "Alcohol and drug counseling services" means those services offered for a fee as part of the treatment and rehabilitation of persons with a substance abuse disorder, at risk of developing a substance abuse disorder, or is negatively affected by someone with a substance abuse disorder. The purpose of alcohol and drug counseling services is to help individuals, families, and groups to address and resolve problems caused by substance abuse. (3) "Approved supervisor" means a licensee who has met the requirements for approval as a professional counselor supervisor, marriage and family therapy supervisor, or addiction counselor supervisor as provided in regulation. (4) "Assessment" in the practice of counseling and therapy means selecting, administering, scoring, and interpreting evaluative or standardized instruments; assessing, diagnosing, and treating, using standard diagnostic nomenclature, a client's attitudes, abilities, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral problems that are typical of the developmental life cycle; and the use of methods and techniques for understanding human behavior in relation to, coping with, adapting to, or changing life situations. A counselor may assess more serious problems as categorized in standard diagnostic nomenclature but only if the counselor has been specifically trained to assess and treat that particular problem. If a client presents with a problem which is beyond the counselor's training and competence, the counselor must refer that problem to a licensed professional who has been specifically trained to diagnose and treat the presenting problem. In all cases, ethical guidelines as established by the board must be followed. (5) "Associate" means an individual who has met the requirements for licensure as a professional counselor associate, marriage and family therapy associate, or addiction counselor associate under the provisions of this article and has been issued a license by the board. (6) "Board" means the South Carolina Board of Licensed Professional Counselors, Marriage and Family Therapists, Addictions Counselors, and Psycho-Educational Specialists. (7) "Client" means a person or patient, whether an individual or a member of a group, a group, an agency or an organization, who receives in an office setting any treatment or service that falls within the scope of practice of a Licensed Professional Counselor, Marriage and Family Therapist, Addiction Counselor, or Psycho-Educational Specialist. (8) "Consulting" means the application of scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client may have in relation to a third party, individuals, groups, and organizations. (9) "Director" means the Director of the Department of Labor, Licensing and Regulation. (10) "Federally assisted program" means a program directly funded by the federal government, operated by the federal government, certified for Medicaid reimbursement, receiving federal block grant funds through a state or local government, licensed by the federal government, or exempt from paying taxes under a provision of the federal Internal Revenue Code. (11) "License" means an authorization to practice counseling, marriage and family therapy, issued by the board pursuant to this article and includes an authorization to practice as a professional counselor associate, marriage and family therapy associate, or addiction counselor associate. (12) "Licensee" means an individual who has met the requirements for licensure under this article and has been issued a license to practice as a professional counselor or professional counselor associate, marriage and family therapist or marriage and family therapy associate, or addiction counselor associate. (13) "Licensed professional counselor" means an individual who practices professional counseling. (14) "Marriage and family therapy" means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the application of psycho-therapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating diagnosed emotional, mental, behavioral, or addictive disorders. (15) "Person" means an individual, organization, or corporation, except that only individuals can be licensed under this article. (16) "Practice of marriage and family therapy" means the rendering of marriage and family therapy services to individuals, couples, and families, singly or in groups, whether these services are offered directly to the general public or through organizations, either public or private. (17) "Practice of professional counseling" means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, substance abuse counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. The practice of professional counseling may include assessment, crisis intervention, guidance and counseling to facilitate normal growth and development, including educational and career development; utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability or handicapping condition; and consultation and research. The use of specific methods, techniques, or modalities within the practice of licensed professional counseling is restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities. (18) "Practice of addiction counseling" means providing professional services that are delivered by a licensed addiction professional, designed to change substance use or addictive behavior, and involve specialized knowledge and skill related to addictions and addictive behaviors, including understanding addiction, knowledge of the treatment process, application to practice and professional readiness. The term includes: (a) gathering information through structured interview screens using routine protocols; (b) reviewing assessment findings to assist in the development of a plan individualized for treatment services and to coordinate services; (c) referring for further assessment, diagnosis, evaluation and mental health therapy; (d) providing client and family education related to addictions; (e) providing information on social networks and community systems for referrals and discharge planning; (f) participating in multidisciplinary treatment team meetings or consulting with clinical addiction professionals; (g) counseling, through individual and group counseling, as well as group and family education, to treat addiction and substance use disorders in a variety of settings; and (h) maintaining the highest level of professionalism and ethical responsibility. (19) "Referral" means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of this determination, and communicating as requested or considered appropriate with these referral sources. (20) "Supervision" means the supervision of clinical services in accordance with standards established by the board under the supervision of an approved supervisor. Editor's Note Prior Laws:1985 Act No. 191, SECTION 1; 1976 Code SECTIONS 40-75-80, 40-75-90. Effect of Amendment 2018 Act No. 249, SECTION 4, rewrote the section.
S.C. Code Ann. § 40-47-520 — SC Code / Title 40 / Chapter 47 / Article 5 / Section 40-47-520
SECTION 40-47-520. Licensing requirement.
Status: in_force

Individuals practicing as respiratory therapists and respiratory therapy technicians employed to provide respiratory therapy procedures for inpatients, outpatients, and home patients must be licensed in accordance with this article.
S.C. Code Ann. § 40-15-190 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-190
SECTION 40-15-190. Grounds for discipline of dentist, dental hygienist, or dental technician.
Status: in_force

(A) Misconduct which constitutes grounds for revocation, suspension, probation, reprimand, or other restriction of a license or certificate or a limitation or other discipline of a dentist, dental hygienist, or dental technician occurs when the holder of a license or certificate: (1) has made a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in connection with a licensure or registration requirement; (2) has been convicted of a felony or other crime involving moral turpitude or controlled substances; forfeiture of bond or a plea of nolo contendere is equivalent to a conviction; (3) is unable to practice dentistry or dental hygiene or to perform dental technological work with reasonable skill and safety to patients by reason of physical illness or disability, mental illness, or the illness of alcoholism or substance abuse; (4) has employed or permitted an unlicensed or unregistered person to practice dentistry or dental hygiene or to perform dental technological work except as permitted under this chapter; (5) has published, circulated, or made public in any manner, directly or indirectly, a false, fraudulent, deceptive, or misleading statement as to the skill or methods or practice of a dentist, dental hygienist, or dental technician; (6) has instructed, advised, or required a patient to deal directly with an organization or individual performing dental technological work; (7) has failed to provide and maintain reasonable sanitary facilities or conditions; (8) has failed to provide adequate radiation safeguards; (9) has violated the principles of ethics in the practice of dentistry as promulgated in the regulations of the State Board of Dentistry; (10) has practiced fraud or deceit in the practice of dentistry or dental hygiene or in the performance of any dental technological work; (11) has represented the care being rendered to a patient or the performance of dental technological work or the fees being charged for providing the care or work in a false or misleading manner; (12) has used a false, fraudulent, deceptive, or misleading statement in a document including, but not limited to, claims for reimbursement from third parties connected with the practice of dentistry, dental hygiene, or dental technological work; (13) has obtained a fee which is charged or a reimbursement from third parties or has assisted in obtaining the fees or reimbursement through dishonesty or under false or fraudulent circumstances; (14) has failed to meet the standards of care in the practice of dentistry or dental hygiene or the performance of dental technological work; (15) has violated any provision of this chapter regulating the practice of dentistry, dental hygiene, or dental technological work or the regulations promulgated by the board; (16) has committed an act which would constitute battery upon a patient; (17) has solicited or accepted dental technological work directly from the general public; (18) has engaged in fraud, deceit, or misrepresentation in dealings with licensed dentists; (19) has dispensed, prescribed, administered, or obtained drugs for any use or in any regimen other than one appropriate for the practice of dentistry. (B) In investigating misconduct based upon subsection (A)(3), the board upon reasonable grounds may: (1) require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technology in this State or who files an application for a license to practice dentistry or dental hygiene or to register as a dental technician in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of privileged communication. If a licensee, registrant, or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients; (2) obtain records specifically relating to the mental or physical condition of a licensee, registrant, or applicant that is the subject of an investigation authorized by item (1), and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technological work in this State or files an application to practice dentistry or dental hygiene or to perform dental technological work in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee, registrant, or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients.
S.C. Code Ann. § 40-28-170 — SC Code / Title 40 / Chapter 28 / Section 40-28-170
SECTION 40-28-170. Person found in violation to pay costs of investigation and prosecution.
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 pursuant to Section 40-1-170.
S.C. Code Ann. § 40-68-120 — SC Code / Title 40 / Chapter 68 / Section 40-68-120
SECTION 40-68-120. Licensee's obtaining of workers' compensation coverage; licensee-sponsored and client-sponsored benefit plans for assigned employees; unemployment taxes; notification of start and end of relationship with client company.
Status: in_force

(A) A licensee may elect to obtain workers' compensation insurance coverage in the same manner as any other employer as provided for in this subsection: (1) An insurer issuing the policy must be licensed in this State to write such policies. (2) An insurer issuing a policy of workers' compensation insurance to a licensee may not plead as a defense: (a) that the client company is not subject to Title 42. The insurer is estopped to deny coverage; (b) lack of an employment relationship between a person engaged in an employment as defined in Title 42 and the client company; (c) breach of contract by the licensee or client company. The insurer is not entitled to plead as a defense to an employee's claim for benefits any defects in the performance of a contract between the licensee and client company. (3) No policy of insurance against liability arising under Title 42 may be issued to a licensee unless the policy contains the agreement of the insurer that the insurer will promptly pay to the persons entitled to them all benefits conferred by Title 42 and all installments of the compensation that may be awarded or agreed upon and that the obligation is not affected by default of the licensee or client company or by default in giving notice required by the policy or otherwise. (4) A policy of insurance issued to a licensee is, and must be construed as, a direct promise by the insurer to the person entitled to compensation enforceable in his name. (5) The insurer agrees that: (a) notice to or acknowledgment of the occurrence of an injury on the part of the client company is notice to or knowledge on the part of the licensee and its workers' compensation insurer; (b) for purposes of Title 42, the jurisdiction of the client company is the jurisdiction of the licensee and its workers' compensation insurer; (c) the licensee and its workers' compensation insurer, in all things, are bound by and subject to the awards, judgments, or decrees rendered against them under the provisions of Title 42; and (d) insolvency, bankruptcy, or discharge in bankruptcy of the licensee or client company does not relieve the workers' compensation insurer from the payment of compensation for disability or death sustained by an employee during the life of a workers' compensation insurance policy issued to the licensee. (6) No agreement by an employee to pay a portion of a premium paid by the licensee or client company to an insurer or to contribute to a benefit fund or department maintained by a licensee or client company for the purpose of providing insurance under Title 42 is valid, and any licensee or client company who makes a deduction for the purpose from the pay of an employee entitled to benefits under Title 42 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars plus reimbursement to the employee of the deductions. (7) When a person referred to as a licensee undertakes to provide assigned employees to a client company, the licensee is liable to pay a worker employed by the client company compensation under Title 42 which the licensee would have been liable to pay if the worker had been immediately employed by the licensee. When the licensee is liable to pay compensation under this section, it is entitled to indemnity from a client company who would have been liable to pay compensation to the worker independently of this section and have a cause of action for indemnity. This section must be construed to require that a licensee's workers' compensation carrier is liable to pay compensation to the client company's entire work force with the licensee and carrier's right to indemnity from the client company. (B) If workers' compensation coverage is obtained, that insurance must comply with the applicable provisions of the insurance laws of this State. (C) A licensee is entitled to the same rights to obtain all types of insurance coverage, including endorsements obtained by other business entities doing business in this State. (D) For companies who have obtained workers' compensation insurance coverage in the residual (assigned risk) market, the first three years that a client company has a contract with a licensee, the licensee shall pay workers' compensation insurance premiums based on the experience modification rate of the client company. The South Carolina Department of Insurance shall adopt regulations to implement this subsection. This subsection applies only to the residual (assigned risk) market. (E) The licensee must categorize leased employees according to their classification within a client company. (F) A licensee and client company both are deemed an employer and may sponsor and maintain benefit plans for assigned workers. An employee health benefit plan sponsored by a licensee for the benefit of assigned employees must be an insured health benefit plan offered by an insurer licensed under Title 38. The employee health benefit plans provided by a licensed insurance provider, including the use of third party administrators, must comply with the applicable provisions of the insurance laws of this State and other federal law, including The Employment Retirement Income Security Act (ERISA), 29 USC Section 101, et seq. No licensee may maintain, sponsor, offer, endorse, or otherwise proffer self-insured, self-funded, or other plans for health benefits, that are not licensed with the Department of Insurance. (G) Notwithstanding subsection (F), a client company may include assigned employees in a benefit plan sponsored and maintained solely by the client company for its own employees, as long as the benefit plan complies with Title 38 and federal law including ERISA. (H) A professional employer organization or professional employer organization group is responsible for the payment of unemployment taxes pursuant to law. (I) Licensees, within thirty days, shall notify the South Carolina Department of Employment and Workforce and the department of the start and termination of the licensee's relationship with a client company. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
S.C. Code Ann. § 40-45-100 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-100
SECTION 40-45-100. Restraining orders and other equitable relief.
Status: in_force

In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
S.C. Code Ann. § 40-37-110 — SC Code / Title 40 / Chapter 37 / Section 40-37-110
SECTION 40-37-110. Grounds for discipline; suspension of license on finding of mental incompetence.
Status: in_force

(A) In addition to the grounds for disciplinary action provided in Chapter 1 of Title 40, the board may revoke, suspend, reprimand, or otherwise restrict or limit the license of an optometrist or reprimand or otherwise discipline a licensee when it is established to the satisfaction of the board that the licensee: (1) has been convicted of a felony or any crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered a conviction; (2) has knowingly performed an act that in any way assists a person to practice optometry illegally; (3) has caused to be published or circulated, directly or indirectly, fraudulent, false, or misleading statements as to the skill or methods of practice of an optometrist; (4) has failed to provide and maintain reasonable sanitary facilities; (5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances; (6) has violated a provision of this chapter or regulations promulgated under this chapter; (7) has been guilty of using third-party solicitation that is untruthful, deceptive, or coercive to obtain patronage. (B) In addition to all other remedies and actions provided for in this chapter, the license of an optometrist adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until the optometrist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2466; 1932 Code SECTIONS 5244, 5245; 1937 (40) 394; 1942 Code SECTIONS 5244, 5245; 1952 Code SECTION 56-1077; 1962 Code SECTION 56-1077; 1968 (55) 2709; 1978 Act No. 570, SECTION 12; 1982 Act No. 395, SECTION 1; 1976 Code SECTION 40-37-220.
S.C. Code Ann. § 40-58-10 — SC Code / Title 40 / Chapter 58 / Section 40-58-10
SECTION 40-58-10. Citation of chapter; mortgage loan broker requirements.
Status: in_force

(A) This chapter may be cited as the Licensing of Mortgage Brokers Act. (B) A person may not broker a mortgage loan as defined in this chapter unless the broker of the mortgage loan: (1) is an exempt person as defined by Section 40-58-20(16); or (2) has complied with the provisions of this chapter. Editor's Note Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 1998 Act No. 336, SECTION 2; 2005 Act No. 7, SECTION 1.
S.C. Code Ann. § 40-55-340 — SC Code / Title 40 / Chapter 55 / Article 3 / Section 40-55-340
SECTION 40-55-340. Compact privilege to practice telepsychology.
Status: in_force

(A) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Section 40-55-330, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact. (B) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must: (1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (a) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or (b) a foreign college or university deemed to be equivalent to item (1)(a) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and (2) hold a graduate degree in psychology that meets the following criteria: (a) the program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (b) the psychology program must stand as a recognizable, coherent, organizational entity within the institution; (c) there must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; (d) the program must consist of an integrated, organized sequence of study; (e) there must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; (f) the designated director of the program must be a psychologist and a member of the core faculty; (g) the program must have an identifiable body of students who are matriculated in that program for a degree; (h) the program must include supervised practicum, internship, or field training appropriate to the practice of psychology; (i) the curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master's degree; and (j) the program includes an acceptable residency as defined by the rules of the commission; (3) possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state; (4) have no history of adverse action that violates the rules of the commission; (5) have no criminal record history reported on an identity history summary that violates the rules of the commission; (6) possess a current, active E. Passport; (7) provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background, and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and (8) meet other criteria as defined by the rules of the commission. (C) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology. (D) A psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission. (E) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E. Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
S.C. Code Ann. § 40-35-45 — SC Code / Title 40 / Chapter 35 / Section 40-35-45
SECTION 40-35-45. Transferability of license; renewal and reinstatement; licensure of persons holding license in another jurisdiction.
Status: in_force

(A) A nursing home administrator's license or a community residential care facility administrator's license is not transferable. (B) A license must be renewed upon dates established by the department. A licensee must submit an application for renewal, payment of the renewal fee, and proof of compliance with continuing education requirements established by the board in regulation. If a license is not renewed in accordance with this subsection, the license lapses on the expiration date. Further practice may be sanctioned as unlicensed practice. (C) A nursing home administrator or community residential care facility administrator previously licensed in this State whose license has lapsed for failure to renew on or before the expiration date of the license may seek reinstatement of the license within one year of the expiration date by submitting an application with the renewal fee, payment of a penalty as provided in the fee schedule, proof of compliance with continuing education requirements, and an affidavit that he or she has not engaged in practice as an administrator during the period in which the license was lapsed. (D) If a license has lapsed for more than one year, the individual shall submit an initial application and satisfy the requirements of Section 40-35-40 to become relicensed. (E) The board may deny renewal to an applicant who has committed an act that would be grounds for disciplinary action. (F) The board may issue a nursing home administrator's license or a community residential care facility administrator's license to a person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if the board finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those in this State and if the applicant has passed the national and South Carolina portions of the licensure examination and is otherwise qualified.
S.C. Code Ann. § 40-3-5 — SC Code / Title 40 / Chapter 3 / Section 40-3-5
SECTION 40-3-5. Applicability of professional licensing statutes.
Status: in_force

Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to architects; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
S.C. Code Ann. § 40-6-80 — SC Code / Title 40 / Chapter 6 / Section 40-6-80
SECTION 40-6-80. Power to administer oaths and subpoena witnesses for purpose of investigation; taking evidence; compelling compliance.
Status: in_force

For the purpose of an investigation or proceeding under this chapter, the commission or its designated agent may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the commission or its designated agent and upon reasonable notice to all persons affected, the department may apply to the Administrative Law Court for an order compelling compliance.
S.C. Code Ann. § 40-3-130 — SC Code / Title 40 / Chapter 3 / Section 40-3-130
SECTION 40-3-130. Grounds for denial of license.
Status: in_force

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee. Editor's Note Prior Laws:1917 (30) 198; Civ. C. '22 SECTION 2882; 1932 Code SECTION 7059; 1942 Code SECTION 7059; 1952 Code SECTION 56-61; 1957 (50) 258; 1962 Code SECTION 56-61; 1984 Act No. 503, SECTION 1; 1988 Act No. 440, SECTION 6; 1992 Act No. 446, SECTION 7; 1993 Act No. 181, SECTION 854; 1976 Code SECTION 40-3-120.
S.C. Code Ann. § 40-3-250 — SC Code / Title 40 / Chapter 3 / Section 40-3-250
SECTION 40-3-250. Renewal of license.
Status: in_force

(A) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation, which must include continuing education requirements for individuals. An individual shall complete a minimum of twelve continuing education hours annually in topics related to safeguarding health, safety, and welfare. Emeritus architects are not required to meet continuing education requirements. Individuals and firms annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina. (B) Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year. (C) If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board. (D) Emeritus architects who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed two years. Applicable fees also must be paid. (E) Registrants must comply with continuing education audit deadlines and requirements.
S.C. Code Ann. § 40-7-240 — SC Code / Title 40 / Chapter 7 / Section 40-7-240
SECTION 40-7-240. Applications for examination; frequency of examinations.
Status: in_force

(A) An applicant for an examination shall apply to the board on forms approved and furnished by the board, and the application shall contain proof under the applicant's oath of the particular qualifications of the applicant. The applicant shall submit the required fee with the application. An application for examination must be submitted to the board at least fifteen working days before the applicant takes the examination. (B) The board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and of applicants for certificates of registration to practice as registered apprentices not fewer than four times a year, at such times and places as is prescribed by the board. The examination of applicants for certificates of registration as registered barbers and registered apprentices shall include practical demonstrations and oral and written tests as the board may prescribe. Editor's Note Prior Laws:1937 (40) 339; 1942 Code SECTIONS 5250-39, 5250-40; 1952 Code SECTIONS 56-262, 56-263; 1962 Code SECTIONS 56-262, 56-263; 1967 (55) 392; 1976 Code SECTIONS 40-7-130, 40-7-140.
S.C. Code Ann. § 40-33-130 — SC Code / Title 40 / Chapter 33 / Article 1 / Section 40-33-130
SECTION 40-33-130. Denial of licensure.
Status: in_force

As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
S.C. Code Ann. § 40-45-210 — SC Code / Title 40 / Chapter 45 / Article 1 / Section 40-45-210
SECTION 40-45-210. 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. § 40-65-190 — SC Code / Title 40 / Chapter 65 / Section 40-65-190
SECTION 40-65-190. Confidentiality of investigations.
Status: in_force

Investigations conducted pursuant to this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
S.C. Code Ann. § 40-47-1225 — SC Code / Title 40 / Chapter 47 / Article 9 / Section 40-47-1225
SECTION 40-47-1225. Anesthesiologist's Assistant Committee.
Status: in_force

(A) There is created the Anesthesiologist's Assistant Committee as an advisory committee to the Board of Medical Examiners which consists of nine members to be appointed by the board. Three of the members must be licensed anesthesiologist's assistants with a minimum of three years of patient care experience. Two members must be consumers and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one must regularly employ an anesthesiologist's assistant. One member of the Board of Medical Examiners shall serve on the committee ex officio, with full rights to participate and vote. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee. (B) The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two anesthesiologist's assistants, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively but may be eligible for reappointment four years from the date the last full four-year term expired. (C) The committee shall meet at least two times yearly and at other times as may be necessary. A majority of the members currently serving, not less than two of whom must be physician members, constitutes a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice-chairman, and secretary to serve for a term of one year.
S.C. Code Ann. § 40-56-115 — SC Code / Title 40 / Chapter 56 / Section 40-56-115
SECTION 40-56-115. Jurisdiction of board.
Status: in_force

The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1.
S.C. Code Ann. § 40-60-540 — SC Code / Title 40 / Chapter 60 / Article 3 / Section 40-60-540
SECTION 40-60-540. Review of board decision by the Administrative Law Court.
Status: in_force

A respondent aggrieved by a final decision of the board may seek review of the decision by the Administrative Law Court pursuant to 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. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
S.C. Code Ann. § 40-23-80 — SC Code / Title 40 / Chapter 23 / Section 40-23-80
SECTION 40-23-80. Conduct of investigations.
Status: in_force

Investigations pursuant to this chapter must be conducted as provided in Section 40-1-80.
S.C. Code Ann. § 40-22-140 — SC Code / Title 40 / Chapter 22 / Section 40-22-140
SECTION 40-22-140. Prior criminal record.
Status: in_force

As provided for in Section 40-1-140, a license may not be denied solely based on a person's prior criminal record.
S.C. Code Ann. § 40-45-580 — SC Code / Title 40 / Chapter 45 / Article 3 / Section 40-45-580
SECTION 40-45-580. Data system.
Status: in_force

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: (1) identifying information; (2) licensure data; (3) adverse actions against a license or compact privilege; (4) nonconfidential information related to alternative program participation; (5) any denial of application for licensure, and the reason for such denial; and (6) other information that may facilitate the administration of this compact, as determined by the rules of the commission. (C) Investigative information pertaining to a licensee in any member state will only be available to other party states. (D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state. (E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. (F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
S.C. Code Ann. § 40-15-290 — SC Code / Title 40 / Chapter 15 / Article 1 / Section 40-15-290
SECTION 40-15-290. Work authorization required for work performed off dentist's premises; retention of copy; effect of failure to write and retain.
Status: in_force

A dentist ordering dental technological work to be performed off his premises shall issue therefor a work authorization. A copy of each work authorization shall be retained in a file by the issuing dentist for a period of at least three years. The work authorization copy shall be available for inspection by the board, or its duly authorized agents, on the premises during such period. Any dentist who fails to write and retain the above written work authorization or refuses to allow the board, or its duly authorized agents, to inspect the same, will be subject to the revocation or suspension of his license as herein provided.
S.C. Code Ann. § 40-36-260 — SC Code / Title 40 / Chapter 36 / Article 1 / Section 40-36-260
SECTION 40-36-260. Time period licenses are valid; renewals, fees, and penalties; continuing education requirements; inactive status; reactivation.
Status: in_force

(A) All licenses are valid for a period of time not to exceed two years, and it is the licensee's responsibility to renew the license on March fifteenth whether or not a notice is received. An occupational therapist or an occupational therapy assistant who first becomes licensed after December fourteenth in any year is not required to renew until March fifteenth of the year following the next year. (B) A licensed occupational therapist and a licensed occupational therapy assistant before March sixteenth in every other year shall apply to the board for license renewal and pay the renewal fee provided for in regulation. (C) As a condition of license renewal, a licensee must complete satisfactorily sixteen hours of continuing education per biennium as defined in regulation and must submit proof of completion on a form approved by the board and must be certified and in good standing with NBCOT or other board-approved certification program. (D) Notwithstanding subsection (H), if a person's license lapses because the person did not satisfy the continuing education and certification requirements of subsection (C), the person must comply with subsection (C) before the board may renew the license. (E) If a person does not renew a license by March fifteenth or if a license renewal application is not postmarked before March sixteenth, the board may charge a late renewal penalty as established in regulation if renewed before April sixteenth. If a person fails to renew a license and if a license renewal application is not postmarked before April sixteenth, the person's license automatically lapses as of April sixteenth. A person who fails to renew a license or who fails to submit a license renewal application postmarked before March sixteenth and who practices as an occupational therapist or occupational therapy assistant after March fifteenth is deemed to be practicing without a license and is subject to the penalties provided for in this chapter. (F) A licensee who does not wish to renew an active license may select inactive status on the renewal form and return the form to the board. A licensee whose license is placed on inactive status may not practice occupational therapy while the license is inactive. (G) An occupational therapist or occupational therapy assistant whose license has been inactive for fewer than three years may reactivate the license by applying to the board, submitting proof of completion of eight hours of continuing education for each year the license has been inactive, and paying the reactivation fee provided for in regulation. An occupational therapist or occupational therapy assistant whose license has been inactive for three years or more shall complete, as provided for in regulation: (1) supervised contact hours; (2) additional education; and (3) if necessary, an examination. An occupational therapist or occupational therapy assistant whose license has been inactive for fewer than three years and who has active status outside of this State may reinstate the license by submitting proof of completion of eight hours of continuing education for each year the license has lapsed, official verification of all current licenses, and the reactivation fee provided for in regulation. An occupational therapist or occupational therapy assistant whose license has been inactive for three years or more and who has active status outside of this State may reinstate the license by submitting evidence satisfactory to the board of not less than one thousand hours of out-of-state employment within the last year, official verification of all current licenses, and the reactivation fee provided for in regulation. (H) To reactivate a lapsed license, the occupational therapist or occupational therapy assistant must comply with the requirements for reactivating an inactive license as provided for in subsection (G).
S.C. Code Ann. § 40-57-360 — SC Code / Title 40 / Chapter 57 / Article 3 / Section 40-57-360
SECTION 40-57-360. Broker-in-charge responsible for team supervision.
Status: in_force

Section effective until May 15, 2027. See, also, Section 40-57-360 effective May 15, 2027. (A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage. (B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy. (C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge. (D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way. (E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms "realty", "real estate", "realtors", or similar terms suggesting a brokerage. (F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising. (G) The commission may promulgate regulations regarding the creation and operation of real estate teams.Section effective May 15, 2027. See, also, Section 40-57-360 effective until May 15, 2027. (A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which supervised licensees may engage. (B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy. (C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge. (D) All team advertising and marketing must contain the full name of the real estate brokerage firm and all team members must display and promote that they are directly connected to the brokerage firm under which the team works. In all team advertising and marketing, the team name may not be more than twice the size, prominence, or frequency of the full name of the brokerage firm. (E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names must end in "[team name] team at [name of real estate brokerage firm]". (F) The commission may promulgate regulations regarding the creation and operation of real estate teams, including requiring the registration of team names on a form prescribed by the commission. Editor's Note 2024 Act No. 204, SECTION 5, provides as follows: "SECTION 5. Section 40-57-135(E)(2) takes effect twelve months after the date of ratification of the act. Section 40-57-360 takes effect thirty-six months after the date of ratification of the act." Effect of Amendment 2024 Act No. 204, SECTION 3, rewrote the section.
S.C. Code Ann. § 40-5-20 — SC Code / Title 40 / Chapter 5 / Article 1 / Section 40-5-20
SECTION 40-5-20. Supreme Court empowered to promulgate rules and regulations concerning practice of law; establishment of South Carolina State Bar.
Status: in_force

The Supreme Court may from time to time prescribe, adopt, promulgate and amend such rules and regulations as it may deem proper (a) defining and regulating the practice of law, (b) determining the qualifications and requirements for admission to the practice of law, (c) prescribing a code of ethics governing the professional conduct of attorneys at law, (d) prescribing the procedure for disciplining, suspending, disbarring and reinstating attorneys at law, (e) organizing and governing an association to be known as the South Carolina State Bar which shall be composed of the attorneys at law of the State, and which shall act as an administrative agency of the Supreme Court of South Carolina for the purpose of improving the administration of justice, and (f) fixing an annual license fee for the practice of law in this State, the payment of which shall entitle but not require any attorney to be a member in the South Carolina State Bar and providing for the collection and the disbursement of such license fees. At such time as the South Carolina State Bar is established all offices, appointments or official duties heretofore delegated or given to the South Carolina Bar Association or any officer of the same by statute or appointment of the State of South Carolina or any branch thereof shall be vested in the South Carolina State Bar and its officers.
S.C. Code Ann. § 40-59-520 — SC Code / Title 40 / Chapter 59 / Article 3 / Section 40-59-520
SECTION 40-59-520. Licensing requirement; licensing of business entity.
Status: in_force

(A) No person may engage in or transact any home inspection business or hold himself out to the public as a home inspector or offer to engage in or transact any home inspection business in this State unless the person is licensed by the commission. (B) No license may be issued under this article to a partnership, association, corporation, firm, or group. However, nothing in this article precludes a licensed home inspector from performing home inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group. Editor's Note Prior Laws:1994 Act No. 463, SECTION 3; 1976 Code SECTION 40-59-220.