S.C. Code Ann. § 44-23-1100 — SC Code / Title 44 / Chapter 23 / Article 11 / Section 44-23-1100
SECTION 44-23-1100. Disclosure of copies of completed forms retained by probate judges.
Status: in_force

Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.
S.C. Code Ann. § 44-7-161 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-161
SECTION 44-7-161. Medical University of South Carolina.
Status: in_force

(A) Notwithstanding any provision of law to the contrary and prior to obtaining a Certificate of Need or licensure pursuant to this article for acquiring a hospital facility, the Medical University of South Carolina shall: (1) submit details of the proposed acquisition for review and comment of the Joint Bond Review Committee; (2) receive approval of proposed acquisition by the Fiscal Accountability Authority; and (3) apply for a Certificate of Need or licensure. (B) For purposes of this section: (1) "Medical University of South Carolina" means the Medical University of South Carolina, the Medical University Hospital Authority, or any affiliate thereof. (2) "Acquiring" means purchasing, leasing, acceptance of a gift, or otherwise, whether by obtaining options for the acquisition of existing hospital facilities, by new construction, or by the acquisition of any property, real or personal, improved or unimproved, including interests in land in fee or less than fee for any hospital facility.
S.C. Code Ann. § 44-6-80 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-80
SECTION 44-6-80. Annual and interim reports.
Status: in_force

The department must submit to the Governor, the State Fiscal Accountability Authority, Revenue and Fiscal Affairs Office, and the Executive Budget Office, and the General Assembly an annual report concerning the work of the department including details on improvements in the cost effectiveness achieved since the enactment of this chapter and must recommend changes for further improvements. Interim reports must be submitted as needed to advise the Governor and the General Assembly of substantive issues.
S.C. Code Ann. § 44-6-10 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-10
SECTION 44-6-10. Creation of commission; members; term; conflict of interests.
Status: in_force

There is created the State Department of Health and Human Services which shall be headed by a Director appointed by the Governor, upon the advice and consent of the Senate. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
S.C. Code Ann. § 44-93-50 — SC Code / Title 44 / Chapter 93 / Section 44-93-50
SECTION 44-93-50. Powers of commissioner.
Status: in_force

The director, upon receipt of information that an aspect of infectious waste management, within a publicly or privately-owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines necessary to protect the health of persons or the environment. The action the director may take may include, but is not limited to: (1) entering the premises at any time where the infectious waste is located in order to assess what actions may be necessary; (2) issuing or modifying an order directing the person responsible for the waste to take the steps necessary to prevent the act or eliminate the practice which constitutes the hazard; (3) commencing an action enjoining the acts or practices. Upon a showing by the department that a person has engaged in the acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted; (4) inspecting and obtaining samples from a person of any wastes, including samples from a vehicle in which wastes are being transported, as well as samples of a container or label. If available, upon request, the department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge of the waste. The department also shall provide the owner, operator, or agent in charge with a copy of the results of an analysis of the samples once the results have been evaluated properly by the department to determine their validity.
S.C. Code Ann. § 44-56-170 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-170
SECTION 44-56-170. Hazardous Waste Contingency Fund: reports, fees, and administration of fund.
Status: in_force

(A) Each generator shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information: 1. Effective October 1, 1985, certification that he has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; 2. Effective October 1, 1985, certification that the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment; 3. the types and quantities of hazardous wastes generated; 4. the types and quantities of these wastes shipped for treatment and disposal by landfilling or other means of land disposal; 5. the types and quantities of these wastes remaining in storage at the end of the reporting period; and 6. a check made payable to the Department for the amount of fee imposed on these wastes by the provisions of paragraph (C.) (B) Each owner/operator of a hazardous waste facility shall, no later than thirty days after the end of each calendar quarter, submit a written report to the Department including, but not limited to, the following information: 1. the types and quantities of hazardous wastes generated; 2. the types and quantities of hazardous wastes received at the facility during the reporting period; 3. the types and quantities of hazardous wastes treated, disposed of, and otherwise handled during the reporting period; and 4. a check made payable to the Department for the amount of fees imposed by paragraph (C) for any wastes generated by the facility and handled in such manner as prescribed by its provisions; by paragraph (D) and by paragraph (E.) Each owner/operator of a hazardous waste facility is, no later than thirty days after the end of each calendar quarter, required to submit to the Department certification from any out-of-state generator that effective October 1, 1985: (1) The generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and (2) The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment; (C) There is imposed a fee of thirty-four dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal. (D) There is hereby imposed a fee of one dollar per ton of hazardous wastes in excess of fifty tons remaining in storage at the end of the reporting period. (E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-four dollars a ton. (F)(1) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be based on the amount of hazardous waste collected by the facility for incineration and must not include any nonhazardous materials added to the hazardous waste at the incineration facility for purposes of fuel blending. These fees must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be placed into a fund separate and distinct from the state general fund entitled "Hazardous Waste Fund County Account". (2)(a) This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State. (b) Effective July 1, 2000, the provisions of subitem (a) are no longer effective and the fee must be allocated in the following manner: fifty percent to the county where the incineration of the hazardous waste generating the fee occurred and fifty percent to the general fund of the State. (3) Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county. (4)(a) For purposes of this subsection, "county legislative delegation" includes only those members who represent the economically depressed areas of the county. (b) For purposes of this subsection, "incineration" includes hazardous waste incinerators, boilers, and industrial furnaces. (c) For the purpose of this subsection "infrastructure" means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to: (i) improvements to both public water and sewer systems; (ii) improvements to public electric, natural gas, and telecommunication systems; and (iii) fixed transportation facilities including highway, road, rail, water, and air. Editor's Note 1999 Act No. 100, Part II, SECTION 63B, provides as follows: "For purposes of Section 44-56-170(F), the phrase 'economically depressed area of that county' means: "(1) within Orangeburg County, the entire area of the county; "(2) within Dorchester County, the area comprising School District 4; and "(3) for any other county, an area designated by the county governing body."
S.C. Code Ann. § 44-7-3470 — SC Code / Title 44 / Chapter 7 / Article 27 / Section 44-7-3470
SECTION 44-7-3470. Civil cause of action; other claim.
Status: in_force

This article does not create a civil cause of action; however, this article must not be construed to preclude a claim that may have otherwise been asserted under common law or any other provision of law.
S.C. Code Ann. § 44-10-10 — SC Code / Title 44 / Chapter 10 / Section 44-10-10
SECTION 44-10-10. Short title.
Status: in_force

This chapter may be referred to and cited as the "Interstate Healthcare Compact".
S.C. Code Ann. § 44-31-340 — SC Code / Title 44 / Chapter 31 / Article 5 / Section 44-31-340
SECTION 44-31-340. Penal and charitable institutions shall provide separate places for tuberculous prisoners and inmates.
Status: in_force

Superintendents and boards of directors of all State penal and charitable institutions shall provide separate places of confinement for all prisoners and inmates who have been pronounced by the physician in charge as tuberculous persons.
S.C. Code Ann. § 44-7-268 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-268
SECTION 44-7-268. Hospitals; emergency departments; presence of physician required.
Status: in_force

As a condition of licensing and relicensing, every hospital in the State with an emergency department, regardless of classification, must have at least one physician physically present on site who is responsible for the emergency department at all times the emergency department is open.
S.C. Code Ann. § 44-96-390 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-390
SECTION 44-96-390. Approval procedures for special wastes.
Status: in_force

(A) For the purposes of this section, "special wastes" is defined as nonresidential or commercial solid wastes, other than regulated hazardous wastes, that are either difficult or dangerous to handle and require unusual management at municipal solid waste landfills, including, but not limited to: (1) pesticide wastes; (2) liquid wastes and bulk liquid wastes; (3) sludges; (4) industrial process wastes, defined as wastes generated as a direct or indirect result of the manufacture of a product or the performance of a service, including, but not limited to, spent pickling liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, point sludges, core sands, metallic dust sweepings, asbestos dust, and off-specification, contaminated, or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, landscape waste, and construction or demolition debris; (5) wastes from a pollution control process; (6) residue or debris from the cleanup of a spill or release of chemical substances, commercial products, or wastes listed in items (1) through (5); (7) soil, water, residue, debris, or articles that are contaminated from the cleanup of a facility or site formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in items (1) through (6); and (8) containers and drums. (B) A special waste must not be disposed of nor accepted for disposal at a municipal solid waste landfill without prior written approval by the disposal facility in accordance with department requirements. (C) A facility may apply to the department at any time for modifications or additions to the types of special waste disposed of or methods for disposal. (D) Not later than six months after this article is effective or the initial receipt of wastes, whichever is later, the owner or operator of a municipal solid waste landfill shall prepare and submit to the department a waste analysis plan that addresses, at a minimum, the: (1) parameters for which each waste will be analyzed and the rationale for the selection of those parameters; (2) test methods which will be used to test for those parameters; (3) sampling methods which will be used to obtain a representative sampling of the special waste to be analyzed; (4) frequency with which the initial analysis of the special waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and (5) procedures which will be used to inspect and, if necessary, analyze each special waste received at the facility to ensure that it matches the identity of the special waste designated on the accompanying transportation record. At a minimum, the plan must describe the: (a) procedures which will be used to determine the identity of each special waste managed at the facility; and (b) the sampling methods which will be used to obtain a representative sample of the special waste to be identified, if the identification method includes sampling. (E) The department shall respond to the analysis plan within ninety days of the date of its receipt by the department.
S.C. Code Ann. § 44-4-130 — SC Code / Title 44 / Chapter 4 / Article 1 / Section 44-4-130
SECTION 44-4-130. Definitions.
Status: in_force

As used in the chapter: (A) "Biological agent" means a microorganism, virus, infectious substance, naturally occurring or bioengineered product, or other biological material that could cause death, disease, or other harm to a human, an animal, a plant, or another living organism. (B) "Bioterrorism" means the intentional use or threatened use of a biological agent to harm or endanger members of the public. (C) "Chemical agent" means a poisonous chemical agent that has the capacity to cause death, disease, or other harm to a human, an animal, a plant, or another living organism. (D) "Chemical terrorism" means the intentional use or threatened use of a chemical agent to harm or endanger members of the public. (E) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing, and transporting the specimens and reporting test results. (F) "Commissioner" means the Commissioner of the Department of Health and Environmental Control. (G) "Contagious disease" is an infectious disease that can be transmitted from person to person, animal to person, or insect to person. (H) "Coroners, medical examiners, and funeral directors" have the same meanings as provided in Sections 17-5-5 and 40-19-10, respectively. (I) "DHEC" means the Department of Health and Environmental Control or any person authorized to act on behalf of the Department of Health and Environmental Control. (J) "Facility" means any real property, building, structure, or other improvement to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation. (K) "Health care facility" means any nonfederal institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories, research facilities, pharmacies, laundry facilities, health personnel training and lodging facilities, and patient, guest, and health personnel food service facilities, and offices and office buildings for persons engaged in health care professions or services. (L) "Health care provider" means any person or entity who provides health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, firefighters who provide emergency medical care, emergency medical or laboratory technicians, and ambulance and emergency medical workers. This includes out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of South Carolina. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results. (M) "Infectious disease" is a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person. (N) "Isolation" and "quarantine" mean the compulsory physical separation (including the restriction of movement or confinement) of individuals and/or groups believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others; if the context so requires, "quarantine" means compulsory physical separation, including restriction of movement, of populations or groups of healthy people who have been potentially exposed to a contagious disease, or to efforts to segregate these persons within specified geographic areas. "Isolation" means the separation and confinement of individuals known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease to prevent them from transmitting disease to others. (O) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either alone or with other information that is, or reasonably should be known to be, available to predictable recipients of such information) to reveal the identity of that individual. (P) "Public health emergency" means the occurrence or imminent risk of a qualifying health condition. (Q) "Public safety authority" means the Department of Public Safety, the State Law Enforcement Division, or designated persons authorized to act on behalf of the Department of Public Safety, the State Law Enforcement Division including, but not limited to, local governmental agencies that act principally to protect or preserve the public safety, or full-time commissioned law enforcement persons. (R) "Qualifying health condition" means: (1) a natural disaster; or (2) an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, or serious economic impact to the agricultural sector, including food supply. (S) "Radioactive material" means a radioactive substance that has the capacity to cause bodily injury or death to a human, an animal, a plant, or another living organism. (T) "Radiological terrorism" means the intentional use or threatened use of a radioactive material to harm or endanger members of the public. (U) "Specimens" include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests, and environmental samples or other samples needed to diagnose potential chemical, biological, or radiological contamination. (V) "Tests" include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare. (W) "Trial court" is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for the county in which a public health emergency has been declared. If that court is unable to function because of the isolation, quarantine, or public health emergency, the trial court is a circuit court designated by the Chief Justice upon petition and proper showing by the Department of Health and Environmental Control.
S.C. Code Ann. § 44-53-586 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-586
SECTION 44-53-586. Return of seized items to innocent owners; notice of hearing or rule to show cause; continuation of liens of innocent persons.
Status: in_force

(a) Any innocent owner or any manager or owner of a licensed rental agency or any common carrier or carrier of goods for hire may apply to the court of common pleas for the return of any item seized under the provisions of Section 44-53-520. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice under Section 44-53-530. If the judge denies the application, the hearing may proceed as a forfeiture hearing held pursuant to Section 44-53-530. (b) The court may return any seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence: (1) in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture. (2) in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that any agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture. If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture. (c) The lien of any innocent person or other legal entity, recorded in public records, shall continue in force upon transfer of title of any forfeited item, and any transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture.
S.C. Code Ann. § 44-56-110 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-110
SECTION 44-56-110. Hearings.
Status: in_force

The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, and research with respect to the operation and maintenance of any hazardous waste treatment or disposal facilities or sites and issue, deny, revoke, suspend or modify permits under such conditions as it may prescribe for the operation of hazardous waste treatment or disposal facilities or sites; provided, however, that no permit shall be revoked without first providing an opportunity for a hearing.
S.C. Code Ann. § 44-20-510 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-510
SECTION 44-20-510. Attendance of client in community based public school classes.
Status: in_force

Placement of a person with intellectual disability, a related disability, head injury, or spinal cord injury in a program of the Office of Intellectual and Developmental Disabilities does not preclude his attendance in community-based public school classes when the individual qualifies for the classes. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-41-640 — SC Code / Title 44 / Chapter 41 / Article 6 / Section 44-41-640
SECTION 44-41-640. Exceptions for medical emergencies or to prevent the death of the pregnant woman; written notations in medical records.
Status: in_force

(A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to a medical emergency or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function, not including psychological or emotional conditions, that prevents compliance with the section. (2) A physician who performs or induces an abortion on a pregnant woman based on the exception in item (1) shall make written notations in the pregnant woman's medical records of the following: (a) the physician's belief that a medical emergency necessitating the abortion existed; (b) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-630; and (c) the medical rationale to support the physician's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed. (3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not risk the death of the pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practices. A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function. (4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician owner of the pregnant woman's medical records shall maintain a record of the notations and in his own records a copy of the notations. (b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both. (c) An entity with ownership of the pregnant woman's medical records that violates item (3) must be fined up to fifty thousand dollars. (C)(1) It is not a violation of Section 44-41-630 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions. (2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible physical impairment of a major bodily function of a pregnant woman, not including psychological or emotional conditions: molar pregnancy, partial molar pregnancy, blighted ovum, ectopic pregnancy, severe preeclampsia, HELLP syndrome, abruptio placentae, severe physical maternal trauma, uterine rupture, intrauterine fetal demise, and miscarriage. However, when an unborn child is alive in utero, the physician must make all reasonable efforts to deliver and save the life of an unborn child during the process of separating the unborn child from the pregnant woman, to the extent that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion. (3) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure. The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed. A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care. (D) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-630. (E) It is not a violation of Section 44-41-630 to use, sell, or administer a contraceptive measure, drug, chemical, or device if the contraceptive measure, drug, chemical, or device is used, sold, prescribed or administered in accordance with manufacturer's instructions and is not used, sold, prescribed or administered to cause or induce an abortion. Validity For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022). Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 2, rewrote the section.
S.C. Code Ann. § 44-55-1060 — SC Code / Title 44 / Chapter 55 / Article 11 / Section 44-55-1060
SECTION 44-55-1060. Penalties.
Status: in_force

Any person violating the provisions of this article shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days. A violation of this article shall not be considered as a continuing offense, but each day that this article is violated shall be a separate and distinct offense.
S.C. Code Ann. § 44-55-240 — SC Code / Title 44 / Chapter 55 / Article 3 / Section 44-55-240
SECTION 44-55-240. Persons responsible for condition of privies.
Status: in_force

The person in charge of a dwelling, office building, establishment or institution shall be responsible for the sanitary maintenance of any privy which is used by his household, guests, customers, pupils, passengers, occupants, employees, workers or other persons.
S.C. Code Ann. § 44-80-120 — SC Code / Title 44 / Chapter 80 / Section 44-80-120
SECTION 44-80-120. PA may create, execute, and sign POST form under certain circumstances.
Status: in_force

A physician assistant (PA) may create, execute, and sign a POST form if authorized to do so by his or her scope of practice guidelines. The POST form must be for a patient of that PA, the PA's supervising physician, or both.
S.C. Code Ann. § 44-71-110 — SC Code / Title 44 / Chapter 71 / Section 44-71-110
SECTION 44-71-110. Penalties.
Status: in_force

Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both. Effect of Amendment 2017 Act No. 61, SECTION 1, inserted commas after "misdemeanor and" and "upon conviction".
S.C. Code Ann. § 44-53-1840 — SC Code / Title 44 / Chapter 53 / Article 18 / Section 44-53-1840
SECTION 44-53-1840. Immunity.
Status: in_force

(A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis. (B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article.
S.C. Code Ann. § 44-93-100 — SC Code / Title 44 / Chapter 93 / Section 44-93-100
SECTION 44-93-100. Generators exempt from provisions of chapter.
Status: in_force

All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with: (1) the provisions of Section 44-93-90(A) of this chapter; and (2) the management of the following infectious waste: (a) sharps must be managed pursuant to this chapter and any regulations promulgated under this chapter; (b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter; (c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter; (d) all other infectious waste may be disposed of as other solid waste.
S.C. Code Ann. § 44-44-60 — SC Code / Title 44 / Chapter 44 / Section 44-44-60
SECTION 44-44-60. Utilization of data.
Status: in_force

The Birth Defects Program shall concentrate on public health surveillance and monitoring birth defects. Data may be made available to persons or institutions outside the program for education, research, provision of services, and other purposes in accordance with program procedures.
S.C. Code Ann. § 44-53-392 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-392
SECTION 44-53-392. Weight of controlled substance.
Status: in_force

Notwithstanding any other provision of this article, the weight of any controlled substance referenced in this article is the weight of that substance in pure form or any compound or mixture thereof.
S.C. Code Ann. § 44-7-510 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-510
SECTION 44-7-510. Definitions.
Status: in_force

As used in this article: (1) "Affected persons" means a health care provider or purchaser: (a) who provides or purchases the same or similar health care services in the geographic area served or to be served by the applicants for a certificate of public advantage: or (b) who has notified the department of his interest in applications for certificates of public advantage and has a direct economic interest in the decision. Other than health insurers licensed in South Carolina, persons from other states who would otherwise be considered "affected persons" are not included unless that state provides for similar involvement of persons from South Carolina in a similar process in that state. (2) "Certificate of public advantage" means the formal approval, including any conditions or modifications, by the department of a contract, business or financial arrangement, or other activities or practices between two or more health providers, health provider networks, or health care purchasers that might be construed to be violations of state or federal antitrust laws. (3) "Cooperative agreement" means an agreement between two health providers, health provider networks, or purchasers or among more than two health care providers, health provider networks, or purchasers for the sharing, allocation, or referral of patients or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment, or other health care services traditionally offered by health care facilities or other health care providers or the acquisition or merger of assets among or by two or more health providers, health provider networks, or health care purchasers, provided the agreement does not involve price-fixing or predatory pricing or illegal tying arrangements. (4) "Department" means the Department of Health and Environmental Control. (5) "Health care provider" means a health care professional licensed, certified, or registered under the laws of this State, an organization licensed pursuant to Section 44-69-30 or Section 44-71-30, or a facility licensed pursuant to Section 44-7-260 or Section 44-89-40 to provide health care services or any other person as defined in Section 44-7-130(15) who provides health services in a freestanding or mobile facility. (6) "Health care purchaser" means a person or organization that purchases health care services on behalf of an identified group of persons, regardless of whether the cost of coverage of services is paid for by the purchaser or by the person receiving coverage or services including, but not limited to: (a) health insurers as defined by Section 38-71-920; (b) employee health plans offered by self-insured employers; (c) group health coverage offered by fraternal organizations, professional associations, or other organizations; (d) state and federal health care programs; and (e) state and local public employee health plans. (7) "Health provider networks" means an organization of health care providers which offers health services to residents of this State. An organization may be a partnership, corporation including an association, a joint stock company, or any other legal entity recognized by the State. (8) "Federal or state antitrust laws" means a federal or state law prohibiting monopolies or agreements in restraint of trade, including the Federal Sherman Act and Clayton Act, the Federal Trade Commission Act, and Chapters 3 and 5 of Title 39 of the 1976 Code.
S.C. Code Ann. § 44-39-30 — SC Code / Title 44 / Chapter 39 / Section 44-39-30
SECTION 44-39-30. Powers and duties of board.
Status: in_force

The powers and duties of the Diabetes Initiative of South Carolina Board are to: (1) annually assess the effects of diabetes mellitus in South Carolina, and the status of education, clinical research, and translation of new diabetes treatment methods in South Carolina; (2) oversee all operations of the Center of Excellence Advisory Committees, and the Diabetes Outreach Council including: (a) reviewing annual reports; (b) establishing annual budgets; (c) setting annual priorities; (3) make annual budget requests to the General Assembly to support the activities of the Diabetes Initiative of South Carolina Board; (4) conduct diabetes surveillance activities including: (a) obtaining data and maintaining a statewide data base (b) analyzing data and reviewing trends on mortality and morbidity in diabetes; (c) developing means to and disseminating important data to professionals and the public; (d) developing proposals for grant funding. (5) submit an annual report to the Governor and the General Assembly; (6) other activities necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 44-96-380 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-380
SECTION 44-96-380. Land application facilities; composting facilities; construction, demolition, and land clearing debris landfills.
Status: in_force

(A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for land application facilities and composting facilities. The regulations shall, at a minimum, establish operational requirements and siting requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. (B) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for construction, demolition, and land clearing debris landfills. The department may, by regulation, exempt certain sites or facilities from all or part of the requirements of this section. The department shall exempt a landfill for the disposal of trees, stumps, wood chips, and yard waste when generation and disposal of such waste occurs on properties under the same ownership or control. The regulation shall, at a minimum, contain the following requirements: (1) site selection; (2) construction; (3) hydrogeologic; (4) operation; and (5) closure and postclosure.
S.C. Code Ann. § 44-63-180 — SC Code / Title 44 / Chapter 63 / Section 44-63-180
SECTION 44-63-180. Persons who may register statistical record of birth.
Status: in_force

Any individual born in this State prior to 1915 who has no official record of his birth may register a delayed birth certificate under the direction of the state registrar with the county health department in the county in which he was born. Nothing in this chapter makes the registration compulsory; however, a delayed birth certificate may not be registered for a deceased person as provided by Section 44-63-90.
S.C. Code Ann. § 44-20-1160 — SC Code / Title 44 / Chapter 20 / Article 7 / Section 44-20-1160
SECTION 44-20-1160. Use of monies derived from revenues.
Status: in_force

Upon receiving the approval of the State Fiscal Accountability Authority or Department of Administration, as appropriate, the Department of Behavioral Health and Developmental Disabilities shall obligate itself to apply all monies derived from its revenues to the payment of the principal and interest of its outstanding obligations and those to be issued and to deliver to the board its obligations. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-125-10 — SC Code / Title 44 / Chapter 125 / Section 44-125-10
SECTION 44-125-10. Short title.
Status: in_force

This chapter may be cited as the Osteoporosis Prevention and Treatment Education Act.
S.C. Code Ann. § 44-52-130 — SC Code / Title 44 / Chapter 52 / Section 44-52-130
SECTION 44-52-130. Transfer of patient.
Status: in_force

A patient at a treatment facility, including those committed under court order pursuant to Section 44-52-110, may be transferred to another facility providing care and treatment for chemically dependent persons when the head of the treatment facility determines that it is consistent with the medical and treatment needs or both of the patient. The transfer must be conditioned upon the consent of the treatment facilities concerned. Prior notice of the transfer must be given to the patient, to the court, and to those persons required to receive notice under Section 44-52-80. The head of the treatment facility may move a patient to a less restrictive setting without court approval if the move is consistent with the individualized treatment plan's goals and objectives. The head of the treatment facility may not move a patient to a more restrictive setting without court approval.
S.C. Code Ann. § 44-36-320 — SC Code / Title 44 / Chapter 36 / Article 3 / Section 44-36-320
SECTION 44-36-320. Duties of center.
Status: in_force

The center shall: (1) initiate the development of systems which coordinate the delivery of programs and services; (2) facilitate the coordination and integration of research, program development, planning, and quality assurance; (3) identify potential users of services and gaps in the service delivery system and expand methods and resources to enhance statewide services; (4) serve as a resource for education, research, and training and provide information and referral services; (5) provide technical assistance for the development of support groups and other local initiatives to serve individuals, families, and caregivers; (6) recommend public policy concerning Alzheimer's disease and related disorders to state policymakers; (7) submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Governor's website; (8) facilitate the coordination and integration of educational initiatives for health care providers on the importance and value of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, and increasing understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia and how to reduce the risk of cognitive decline; (9) convene the advisory council to update the statewide plan to address Alzheimer's disease and related dementias; (10) when updating the statewide plan, the advisory council must solicit input from the Department of Health and Environmental Control, the Department of Health and Human Services, and the Department of Social Services to ensure the formulation of a comprehensive statewide plan that meets the needs of the State; and (11) submit an annual report to the Governor and the General Assembly by September thirtieth concerning progress toward fulfilling the statewide plan. Editor's Note 2023 Act No. 62, SECTION 3, provides as follows: "SECTION 3. The statewide plan to address Alzheimer's disease and related dementias must be updated in 2028 and every five years thereafter." Effect of Amendment 2018 Act No. 261, SECTION 17, in (7), substituted "Governor's website" for "Lieutenant Governor's website". 2019 Act No. 20, SECTION 1, added (8), providing for an additional duty to facilitate and coordinate early detection educational initiatives for health care providers. 2023 Act No. 62, SECTION 1, added (9) to (11) and made a nonsubstantive change.
S.C. Code Ann. § 44-23-250 — SC Code / Title 44 / Chapter 23 / Article 3 / Section 44-23-250
SECTION 44-23-250. Signature of director of state mental health facility defined.
Status: in_force

Whenever reference is made requiring the signature of the director of any state mental health facility, the reference means the director of the facility or the director's designee.
S.C. Code Ann. § 44-1-100 — SC Code / Title 44 / Chapter 1 / Section 44-1-100
SECTION 44-1-100. Assistance from peace and health officers.
Status: in_force

All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.
S.C. Code Ann. § 44-25-40 — SC Code / Title 44 / Chapter 25 / Section 44-25-40
SECTION 44-25-40. Supplementary agreements with other states.
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction such institution or facility is operated or whose department or agency will be charged with the rendering of such service.
S.C. Code Ann. § 44-6-400 — SC Code / Title 44 / Chapter 6 / Article 4 / Section 44-6-400
SECTION 44-6-400. Definitions.
Status: in_force

As used in this article: (1) "Department" means the Department of Health and Human Services. (2) "Nursing home" means a facility subject to licensure as a nursing home by the Department of Health and Environmental Control and subject to the permit provisions of Article 2, Chapter 7 of Title 44 and which has been certified for participation in the Medicaid program or has been dually certified for participation in the Medicaid and Medicare programs. (3) "Resident" means a person who resides or resided in a nursing home during a period of an alleged violation. (4) "Survey agency" means the South Carolina Department of Health and Environmental Control or any other agency designated to conduct compliance surveys of nursing facilities participating in the Title XIX (Medicaid) program.
S.C. Code Ann. § 44-7-2410 — SC Code / Title 44 / Chapter 7 / Article 20 / Section 44-7-2410
SECTION 44-7-2410. Citation of article.
Status: in_force

This article may be cited as the "Hospital Infections Disclosure Act".
S.C. Code Ann. § 44-41-620 — SC Code / Title 44 / Chapter 41 / Article 6 / Section 44-41-620
SECTION 44-41-620. Voluntary and informed written consent required for an abortion.
Status: in_force

An abortion may not be performed or induced without the voluntary and informed written consent of the pregnant woman or, in the case of incapacity to consent, the voluntary and informed written consent of her court-appointed guardian, and without compliance with the provisions of Section 44-41-330(A). Validity For the validity of the previous version of this section, see Planned Parenthood South Atlantic v. State, 882 S.E.2d 770 (S.C. 2023); see Dobbs v. Jackson Women's Health Org., 142 S.Ct. 2228 (U.S. 2022). Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 2, rewrote the section.
S.C. Code Ann. § 44-38-510 — SC Code / Title 44 / Chapter 38 / Article 5 / Section 44-38-510
SECTION 44-38-510. Spinal Cord Injury Research Board.
Status: in_force

(A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this State and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association. (B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two-year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two-year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two-year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three-year term. All subsequent appointments shall be for four-year terms. (C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four-year terms shall not be reappointed for two years after completion of those terms. (D) A majority of the membership of the board shall constitute a quorum. (E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board. (F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section. (G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board. (H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties. (I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes. (J) The board shall set forth guidelines and standards for allocation of these funds. (K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State.
S.C. Code Ann. § 44-1-300 — SC Code / Title 44 / Chapter 1 / Section 44-1-300
SECTION 44-1-300. Exemption from enforcement of regulation that would prohibit churches and charitable organizations from serving food to public.
Status: in_force

The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
S.C. Code Ann. § 44-96-120 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-120
SECTION 44-96-120. Establishment of the Solid Waste Management Trust Fund; Waste Tire Grant Trust Fund.
Status: in_force

(A) There is established a Solid Waste Management Trust Fund to be administered by the Office of Solid Waste Reduction and Recycling to fund: (1) activities of the department to implement the provisions of this chapter; (2) research by state-supported educational institutions or by private entities under contract with state-supported educational institutions on solid waste management technologies; (3) activities of the Recycling Market Development Advisory Council including its staff in the amount of one hundred thousand dollars from the Solid Waste Management Trust Fund for fiscal year 1994-95; (4) demonstration projects or pilot programs to be conducted by local governments within their jurisdictions, including local governments which contract with private entities to assist in conducting the demonstration projects or pilot programs; (5) grants to local governments to carry out their responsibilities under this article, pursuant to the provisions of Section 44-96-130, including local governments which contract with private entities to assist in carrying out their responsibilities under this article; (6) grants to school districts and public and private schools to establish waste reduction and recycling education programs; (7) grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects; and (8) the activities of the Solid Waste Emergency Fund through the transfer of funds on a quarterly basis pursuant to the provisions of Section 44-96-85. (B) The Solid Waste Management Trust Fund shall consist of: (1) funds appropriated by the General Assembly; (2) contributions and grants from public and private sources; (3) funds generated by the out-of-state disposal fee authorized pursuant to Section 44-96-80; (4) the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-96-170(N), which is not remitted back to the counties for the management of waste tires; these funds shall be remitted to a special fund designated as the Waste Tire Trust Fund; (5) funds generated by the two-dollar fee for each lead-acid battery fee imposed pursuant to Section 44-96-180(F) for the management of lead-acid batteries; (6) funds generated by the two-dollar fee for each white good fee imposed pursuant to Section 44-96-200(D) for the management of white goods; (7) funds generated by fees imposed on motor oil and similar lubricants pursuant to Section 44-96-160(W); (8) interest earnings accrued on the Solid Waste Management Trust Fund; and (9) three million dollars of oil overcharge refund monies to be awarded to this fund by the Governor, upon enactment of this chapter; in addition, the Office of Solid Waste Reduction and Recycling will advise the Governor on solid waste project criteria contained within oil overcharge fund competitive grant solicitations totalling one million dollars each over the next two years, to be used only for local government grants and local government demonstration projects and pilot programs. The Office of Solid Waste Reduction and Recycling and the Governor's Energy Office shall cooperate to develop the necessary application information and other documentation to implement the requirements of this appropriation. (C) The department shall report on a quarterly basis to the State Solid Waste Advisory Council, House Ways and Means Committee, Senate Finance Committee, and the Joint Legislative Committee on Energy on the condition of the Solid Waste Management Trust Fund and on the use of all funds allocated from the Solid Waste Management Trust Fund. Quarterly reports shall be made not later than sixty days after the last day of each fiscal quarter beginning with the first full quarter after this chapter is effective. Notwithstanding Chapter 39 of Title 11, the Department of Health and Environmental Control, through the Office of Solid Waste Reduction and Recycling, shall make decisions on the allocation of oil overcharge funds transferred to the Solid Waste Management Trust Fund pursuant to Section 44-96-120(B)(9). The department's decisions shall be made upon the approval of the statewide Solid Waste Advisory Council and after consultation with the Governor's Office and the Joint Legislative Committee on Energy to ensure that the funds are administered according to decisions of the federal courts and requirements of the United States Department of Energy. If all oil overcharge funds transferred to the Solid Waste Management Trust Fund are not committed for projects or programs authorized by this chapter five years from the date this chapter is effective, they shall be returned to the Governor's Office. (D) The electrical output from a resource recovery facility constructed in whole or in part with monies from the Solid Waste Management Trust Fund shall be sold by competitive bids or requests for proposals, wherein the contracts are awarded to the highest responsible and responsive bidder. If the highest bid does not equal or exceed the avoided cost price which could be obtained under the Public Regulatory Policy Act of 1978, said power will be disposed of pursuant to the Federal Act. For the purposes of this subsection "responsible bidder" shall mean a corporation doing business in South Carolina who is an electric supplier as defined in Section 58-27-610, an electric cooperative incorporated under Chapter 49 of Title 33, a South Carolina municipality owning retail distribution facilities on the effective date of this chapter, or the South Carolina Public Service Authority. (E) The revenue generated by the sale of electricity from a resource recovery facility funded in whole or in part by a grant under this section which is in whole or in part owned by a municipality, county, or consolidated political subdivision, must be used for reduction of the public cost for collection, separation, and disposal of solid waste or environmental concerns related to disposal of solid waste, including reasonable expenses of operation of the facility, or both. Revenue generated from the sale of electricity by such resource recovery facility may not be commingled with other public funds. Editor's Note The out-of-state disposal fee referred to in paragraph (B)(3) was deleted by Act 405 of 2000. Effect of Amendment 2018 Act No. 170, SECTION 2, in (A), added (8); and made nonsubstantive changes.
S.C. Code Ann. § 44-6-630 — SC Code / Title 44 / Chapter 6 / Article 5 / Section 44-6-630
SECTION 44-6-630. Creation of GAPS program; purpose.
Status: in_force

(A) There is created within the Department of Health and Human Services the Gap Assistance Pharmacy Program for Seniors (GAPS) program. The purpose of this program is to coordinate, beginning January 1, 2006, with Medicare Part D Prescription Drug Plans to provide to low-income seniors in this State assistance with costs for prescription drugs during the annual Medicare Part D coverage gap. (B) The program must provide assistance with prescription drugs that: (1) have been approved by the United States Food and Drug Administration; and (2) are included in the enrollee's selected GAPS participating Medicare Part D Plan formulary.
S.C. Code Ann. § 44-96-370 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-370
SECTION 44-96-370. Storage and transfer of solid waste.
Status: in_force

(A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for any storage of solid waste prior to processing or incineration or at or in a transfer station. Such regulations shall require that any spillage or leakage of solid waste be contained on the storage site and that no unpermitted discharges to the environment occur. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. (B) Not later than eighteen months after this article is effective, the department shall promulgate regulations governing solid waste transfer facilities. The regulations shall, at a minimum, require the submission by a permit applicant of a plan of operation and shall establish locational criteria, operational requirements, and closure requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
S.C. Code Ann. § 44-7-20 — SC Code / Title 44 / Chapter 7 / Article 1 / Section 44-7-20
SECTION 44-7-20. Disturbing patients with radios or musical instruments.
Status: in_force

It shall be unlawful for any person to operate any radio or other musical instrument in such a manner that it annoys or disturbs any patient confined to a hospital or sanitarium. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than one hundred dollars or imprisonment of not more than thirty days.
S.C. Code Ann. § 44-80-30 — SC Code / Title 44 / Chapter 80 / Section 44-80-30
SECTION 44-80-30. POST form must be uniform document; information included.
Status: in_force

(A) The POST form must be a uniform document based on the standards recommended by the National Physician Orders for Life-Sustaining Treatment (POLST) paradigm and must include the information set forth in subsection (C). (B) A copy, facsimile, or electronic version of a completed POST form is considered to be legal. (C) The POST form must include the following information: (1) patient name and contact information; (2) date of birth; (3) effective date of form; (4) diagnosis; (5) treatment plan; (6) health care representative or health care agent contact information; (7) CPR preference; (8) medical intervention preferences; (9) preferences for antibiotics; and (10) assisted nutrition and hydration preferences.
S.C. Code Ann. § 44-6-40 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-40
SECTION 44-6-40. Duties.
Status: in_force

For all health and human services interagency programs provided for in this chapter, the department shall have the following duties: (1) Prepare and approve state and federal plans prior to submission to the appropriate authority as required by law for final approval or for state or federal funding, or both. Such plans shall be guided by the goal of delivering services to citizens and administering plans in the most effective and efficient ways possible. (2) Compile and maintain in a unified, concise, and orderly form information concerning programs provided for in this chapter. (3) Continuously review and evaluate programs to determine the extent to which they: (a) meet fiscal, administrative, and program objectives; and (b) are being operated cost effectively. (4) Evaluate plans and programs in terms of their compatibility with state objectives and priorities giving specific attention to areas outlined in Section 44-6-70. (5) Formulate for consideration and promulgation criteria, standards, and procedures that ensure assigned programs are administered effectively, equitably, and economically and in accordance with statewide policies and priorities. (6) Inform the Governor and the General Assembly as to the effectiveness of the criteria, standards, and procedures promulgated pursuant to item (5) of this section. (7) Develop in conjunction with other state agencies an information system to provide data on comparative client and fiscal information needed for programs. (8) Develop a mechanism for local planning. (9) Obtain from participating state agencies information considered necessary by the department to perform duties assigned to the department.
S.C. Code Ann. § 44-53-1950 — SC Code / Title 44 / Chapter 53 / Article 19 / Section 44-53-1950
SECTION 44-53-1950. Limitation of immunity to allow prosecution for other crimes arising out of the drug or alcohol-related overdose.
Status: in_force

This article does not prohibit a person from being arrested, charged, or prosecuted, or from having his supervision status modified or revoked, based on an offense other than an offense listed in Section 44-53-1920(B), whether or not the offense arises from the same circumstances for which the person sought medical assistance.
S.C. Code Ann. § 44-74-10 — SC Code / Title 44 / Chapter 74 / Section 44-74-10
SECTION 44-74-10. Short title.
Status: in_force

This chapter may be cited as the "Medical Radiation Health and Safety Act".
S.C. Code Ann. § 44-6-140 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-140
SECTION 44-6-140. Medicaid hospital prospective payment system; cost containment measures.
Status: in_force

(A) To provide cost containment incentives for providers of care to Medicaid recipients, the department shall convert the Medicaid hospital reimbursement system from a retrospective payment system to a prospective payment system by October 1, 1985. The prospective payment system includes, at a minimum, the following elements: (1) a maximum allowable payment amount established for individual hospital products, services, patient diagnoses, patient day, patient admission, or per patient, or any combination thereof. This payment must be based on hospital costs rather than hospital charges and must be adjusted at least every two years to reflect the most recent audited cost data available. The department shall set by regulation those circumstances under which a hospital may seek an exception. The maximum allowable payment amount must be weighted to allow for the costs of medical education and primary, secondary, or tertiary care considerations; (2) payment on a timely basis to the hospital by the commission or patient or both, of the maximum allowable payment amount determined by the commission; and (3) acceptance by the hospital of the maximum payment amount as payment in full, which includes any deductible or copayment provided for in the state Medicaid program. (B) The department shall at the same time implement other cost containment measures which include, but are not limited to: (1) utilization reviews for appropriateness of treatment and length of stay; (2) preadmission certification of nonemergency admissions; (3) mandatory outpatient surgery in appropriate cases; (4) a second surgical opinion pilot study; and (5) procedures for encouraging the use of outpatient services. The department, to the fullest extent possible, shall utilize information required in this subsection in the form hospitals are presently submitting the information to other governmental agencies or in the form hospitals are presently utilizing the information within the hospital.
S.C. Code Ann. § 44-55-660 — SC Code / Title 44 / Chapter 55 / Article 7 / Section 44-55-660
SECTION 44-55-660. Grease traps.
Status: in_force

A grease trap shall be installed on the kitchen waste line preceding the septic tank when the tank serves a boardinghouse, cafe, restaurant, hotel or other public eating place. The grease trap shall have a theoretical detention period of at least thirty minutes.
S.C. Code Ann. § 44-6-1145 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1145
SECTION 44-6-1145. Supplement to general fund appropriations.
Status: in_force

The ambulance assessment program described in this article must be used to supplement, not supplant, general fund appropriations to support ambulance services reimbursements as of the effective date of this article. The department shall not reduce Medicaid rates for ambulance services below the rates in effect as of the effective date of this article so long as the fee is collected.
S.C. Code Ann. § 44-96-180 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-180
SECTION 44-96-180. Lead-acid batteries.
Status: in_force

(A) Twelve months after this chapter is effective, no person shall knowingly place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery, except by delivery to: (1) a lead-acid battery retailer or wholesaler; (2) a collection, recycling, or recovered material processing facility that is registered by the department to accept lead-acid batteries; or (3) a permitted secondary lead smelter. (B) Twelve months after this chapter is effective, no battery retailer shall knowingly dispose of a used lead-acid battery except by delivery to: (1) the agent of a lead-acid battery wholesaler or the agent of a permitted secondary lead smelter; (2) a vehicle battery manufacturer for delivery to a permitted secondary lead smelter; (3) a collection, recycling, or recovered material processing facility that is registered by the department to accept lead-acid batteries; or (4) a permitted secondary lead smelter. (C) Any person violating the provisions of subsections (A) or (B) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department. Each lead-acid battery improperly disposed of shall constitute a separate violation. (D) A person selling lead-acid batteries or offering lead-acid batteries for retail sale in this State shall: (1) accept, at the point of transfer, lead-acid batteries from customers; and (2) post written notice, visible to customers, at his place of business which must be at least eight and one-half inches by eleven inches in size and must contain the following language: (a) "It is illegal to put a motor vehicle battery in the garbage." (b) "Recycle your used batteries." (c) "State law requires us to accept motor vehicle batteries for recycling". (E) No person may recover from the owner or operator of a lead-acid battery collection center any costs of response actions resulting from a release of either a hazardous substance from lead-acid batteries, unless the owner or operator is grossly negligent in the operation of the public lead-acid battery collection center, or recovered materials processing facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of hazardous substances. (F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per lead-acid battery sold to the ultimate consumer, whether the battery is installed by the seller or not. The retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer. (G) The lead-acid battery retailer must charge a five dollar refundable deposit for each battery sold for which a core is not returned to the retailer. The deposit must be returned to the consumer if a core is returned to the same retailer within thirty days. (H) The department shall produce, print, and distribute the notices required by subsection (D) to all lead-acid battery retailers. (I) Any person selling lead-acid batteries at wholesale or offering lead-acid batteries for sale at wholesale must accept, at the point of transfer, lead-acid batteries from customers. (J) Not later than eighteen months after this chapter is effective, the department shall promulgate regulations necessary to carry out the requirements of this section. Such regulations may include the imposition of reasonable fees to assist in defraying the costs of the regulatory activities of the department required by this section. (K) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure recycled lead-acid batteries where practicable, subject to the provisions of Section 44-96-140(D). (L)(1) Within eighteen months after enactment of this subsection, the department shall conduct a study on the recycling and disposal of small sealed lead-acid batteries. (2) Within twelve months after completion of the study required in paragraph (1), the department must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill.
S.C. Code Ann. § 44-96-170 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-170
SECTION 44-96-170. Waste tires.
Status: in_force

(A) Not later than ninety days after this chapter is effective, the owner or operator of a waste tire site shall notify the department of the site's location and size and the approximate number of waste tires that are accumulated at the site. However, this section does not apply to a manufacturer who disposes only of tires generated in the course of its scientific research and development activities, so long as the waste tires are buried on the facility's own land or that of its affiliates or subsidiaries and the disposal facility is in compliance with all applicable regulations. (B) Not later than six months after this chapter is effective, the department shall submit to the Governor and to the General Assembly a report on waste tire management and disposal in this State. The report shall, at a minimum, include the following: (1) the number of waste tires generated in this State and the geographical distribution of the waste tires; (2) the number and location of existing waste tire sites; (3) the location of existing waste tire collection sites; (4) the necessary financial responsibility requirements for sites, haulers, processors, collectors, and disposers of waste tires; (5) alternative methods of collecting waste tires; (6) current and future options for waste tire recycling; (7) methods to establish reliable sources of waste tires for waste tire users; and (8) types and location of facilities in this State that can utilize waste tires as a fuel source. (C) State and county solid waste management plans shall include a section on waste tires. The section on waste tires shall provide for public participation in its preparation and shall, as a minimum, include: (1) an estimate of the number of waste tires currently generated annually within that county or region and a projection of the number of waste tires to be generated during the twenty-year period following the date this chapter is effective; (2) an estimate of the current capacity in the county to manage waste tire disposal; (3) an estimate of the annual cost of implementing the approved waste tire disposal plan; (4) an estimate of the cost of siting, construction, and bringing into operation any new facilities needed to provide waste tire disposal; (5) the number of waste tires generated in each county and the geographical distribution of such waste tires; (6) the number and location of existing waste tire sites; (7) the location of existing waste tire collection sites; (8) alternative methods of collecting waste tires; (9) current and future options for waste tire recycling; (10) methods to establish reliable sources of waste tires for waste tire users; and (11) types and location of facilities in this county that can utilize waste tires as a fuel source. (D) Each county is required by the department to participate in ongoing waste tire clean-up enforcement efforts, and no later than twelve months after promulgation of regulations by the department, establish approved waste tire accumulation sites, designate waste tire processing, recycling, and disposal methods to be used, and begin disposal operations in compliance with the applicable regulations. Counties may contract with other counties and with private firms to implement the provisions of this chapter. The department shall administer waste tire management plans for those counties which do not submit proposals. (E) Counties are prohibited from imposing an additional fee on waste tires generated within the county. However, a county may impose an additional fee on waste tires, heavy equipment tires, and oversized tires that have a greater diameter than the largest tire with a Department of Transportation number. A fee may be charged on waste tires generated outside of South Carolina. Counties may require fleets to provide documentation for proof of purchase on in-state tires. For tires not included in documentation, an additional tipping fee may be charged. Counties may charge a tipping fee of up to four hundred dollars a ton for waste tires originating outside of the State, for non-USDOT tires, and for those tires submitted to the county for disposal for which no fee has been paid otherwise. (F) Counties may charge a tipping fee of up to four hundred dollars per ton for waste tires sold or used in the county when, by local ordinance, the county prohibits the acceptance of tires with documentation. When waste tires are accepted by a county, and proper documentation is provided, counties may charge a tipping fee of up to one hundred fifty dollars per ton for tires. (G) Not later than six months after the department promulgates regulations, a person, except as provided, shall not knowingly deposit whole waste tires in a landfill as a method of ultimate disposal. (H) Eighteen months after this chapter is effective, a person shall not: (1) maintain a waste tire collection site unless such site is an integral part of the person's permitted waste tire treatment facility or that person has entered into a contract with a permitted waste tire treatment facility for the disposal of waste tires; (2) knowingly dispose of waste tires in this State, unless the waste tires are disposed of at a permitted solid waste disposal facility; or (3) knowingly dispose of or discard waste tires on the property of another in a manner not prescribed by this chapter. For an interim period to be determined by the department, waste tires may be disposed of at a solid waste disposal facility, a waste tire recycling or processing facility, or a waste tire collection center seeking a permit from the department pursuant to this section. Notwithstanding any other provision of law, a person violating this subsection shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each tire improperly disposed of must constitute a separate violation. (I) It is the policy of this State to recommend that waste tires be managed at a: (a) waste tire collection site which is an integral part of a permitted waste tire recycling or processing facility; (b) permitted waste tire recycling or processing facility; or (c) permitted waste tire collection center. (J)(1) Not later than twelve months after this chapter is effective, the department shall promulgate regulations requiring all collectors, processors, recyclers, haulers, and disposers of waste tires to obtain a permit or registration issued by the department. (2) The regulations promulgated pursuant to this subsection must set forth the requirements for the issuance, denial, suspension, and revocation of such permits or registrations. (3) After the effective date of the regulations promulgated pursuant to this subsection, a person shall not collect, haul, recycle, or process waste tires unless that person has obtained a permit or registration from the department for that activity or, for an interim period to be determined by the department, is seeking a permit or registration from the department for that activity. (4) To carry out the purposes and provisions of this section, the department is authorized to: (a) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety of the environment from the adverse effects of improper, inadequate, or unsound management of waste tires; (b) issue, deny, suspend, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the management of waste tires; and (c) conduct inspections and investigations, obtain records of waste tire processing, storage, or hauling activities, obtain samples, and conduct research regarding the operation and maintenance of any waste tire management facility. (5)(a) The department shall suspend a waste tire processing facility from accepting waste tires when the department determines that the permitted capacity at the facility is exceeded, and after the facility has been provided an opportunity to return to compliance. (b) Once the department determines that the permitted capacity at the facility is exceeded, the department shall provide a written warning notice to the facility that the permitted capacity has been exceeded and provide seven calendar days to reduce the number of tires at the facility to the permitted limit. (c) If after seven calendar days the facility has not reduced the number of tires at the facility to the permitted limit, the department will provide written notice to the facility requiring it to cease accepting tires and to reduce the quantity of waste tires and processed tires on-site to no more than eighty percent of the permitted capacity within twenty-one calendar days of receipt of the notice. (d) If after the twenty-one-day period the facility fails to comply with the requirements of the written notice as verified by the department, the department shall suspend the facility's permit via written notice to the facility and shall remove the permitted facility from the Waste Tire Rebate Facility List pursuant to subsection (O). (e) The suspension shall remain in effect until the facility has reduced the quantity of waste tires and processed tires on-site to no more than eighty percent of its permitted capacity, as determined by the facility, and verified by the department. (f) The department shall lift the permit suspension and return the facility to the Waste Tire Rebate Facility List pursuant to the following: (i) upon verification by the department that the facility has reduced the total quantity of waste tires and processed tires on-site to no more than eighty percent of its permitted capacity; and (ii) if, upon referenced verification, the facility does not have any additional citations for material violations that remain unresolved. (g) The permitted facility shall not receive additional waste tires at the facility until the facility has received written notification from the department that the permit suspension has been lifted. However, during the permit suspension, the permitted facility may continue to process tires and sell product. (h) Each waste tire accepted by the facility during a suspension period shall be deemed a separate violation and may be deemed a wilful violation subject to the provisions of Section 44-96-100(B). (K) Subsection (J) does not apply to items (1) through (5) if these designated waste tire sites are maintained so as to prevent and control mosquitoes or other public health nuisances as determined by the department: (1) a tire retailing business where less than one thousand waste tires are kept on the business premises; (2) a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is owned or operated by a company that manufactures tires in this State or the tire manufacturer's parent company or its subsidiaries; (3) a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises; (4) a permitted solid waste facility with less than two thousand five hundred waste tires temporarily stored on the business premises; or (5) a person using waste tires for agricultural purposes. (L) The department shall encourage the voluntary establishment of waste tire collection centers, waste tire treatment facilities, and solid waste disposal facilities to be open to the public for the deposit of waste tires. (M) The department is authorized to establish incentive programs to encourage individuals to return their used tires to waste tire recycling or processing facilities. (N)(1) There is imposed a fee of two dollars for each new and used tire sold with a Department of Transportation number to the ultimate consumer, whether or not the tire is mounted by the seller. This fee is applicable to all unmounted tire sales. The wholesaler or retailer receiving new tires from unlicensed wholesalers is responsible for paying the fee imposed by this subsection. This fee shall not be collected on farm or agricultural tires, including tires designed for use in the production of farm products as defined in Section 46-1-75(E)(1). (2) The Department of Revenue shall administer, collect, and enforce the tire recycling fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. The fee imposed by this subsection must be remitted on a monthly basis. (3) The department shall deposit all fees collected to the credit of the State Treasurer who shall establish a separate and distinct account from the state general fund. (4) The State Treasurer shall distribute one and one-half dollars for each tire sold, less applicable credit, refund, and discount, to each county based upon the population in each county according to the most recent United States Census. The county shall use these funds for collection, processing, or recycling of waste tires generated within the State. (5) The remaining portion of the tire recycling fee is to be credited to the Solid Waste Management Trust Fund by the State Treasurer for the Waste Tire Grant Trust Fund, established under the administration of the Department of Environmental Services. (6) The General Assembly shall review the waste tire disposal recycling fee every five years. (7) For purposes of this subsection, "tire wholesaler" means any person who sells or offers to sell new or used tires or tubes to tire retailers or other volume buyers for passenger and commercial vehicles to retailers. A tire wholesaler shall not engage in retail sales. (O)(1) The department shall maintain the list of facilities known as the Waste Tire Facility List. (2) The Waste Tire Facility List shall include department-permitted waste tire processing facilities that fulfill the requirements of a waste tire recycling facility, as defined in Section 44-96-40(68)(d), and facilities located outside of South Carolina that are permitted or approved by the host state and that also fulfill the requirements of a waste tire recycling facility, as defined in Section 44-96-40(68)(d). (3) The department shall remove from the Waste Tire Facility List any facility whose permit has been revoked or suspended, until the permit has been reinstated by the department or host state. Retailers may contract with a waste tire hauler to collect, transport, and deliver waste tires to a department-permitted waste tire facility in accordance with the manifest requirements as provided in Article 3, Chapter 75 of Title 39. (P)(1) The Office of Solid Waste Reduction and Recycling of the Department of Environmental Services may provide grants from the Waste Tire Trust Fund to counties which have exhausted all funds remitted to counties under Section 44-96-170(N), to regions applying on behalf of those counties and to local governments within those counties to assist in: (a) constructing, operating, or contracting with waste tire processing or recycling facilities; (b) removing or contracting for the removal of waste tires for processing or recycling; (c) performing or contracting for the performance of research designed to facilitate waste tire recycling; (d) the purchase or use of recycled products or materials made from waste tires generated in this State; or (e) recruiting industries that utilize waste tires for alternative productive uses including, but not limited to, rubber modified asphalt to keep waste tires out of the solid waste stream. (2) Grants from the Waste Tire Trust Fund may also be awarded to businesses or manufacturers that generate or process waste tires to develop, create, or otherwise utilize waste tires for alternative productive uses or tire-derived products including, but not limited to, rubber modified asphalt. (3) Any business or manufacturer awarded a grant from the Waste Tire Fund must also satisfy relevant job creation requirements included in Section 12-6-3360. (Q)(1) Waste tire grants must be awarded on the basis of written grant request proposals submitted to and approved, not less than annually, by the committee consisting of ten members appointed by the director of the department representing: (a) the South Carolina Tire Dealers and Retreaders Association; (b) the South Carolina Association of Counties; (c) the South Carolina Association of Regional Councils; (d) the Department of Environmental Services; (e) the South Carolina Tire Manufacturers Council; (f) the South Carolina Department of Commerce; (g) a public interest environmental organization; (h) the South Carolina Department of Natural Resources; (i) the Office of the Governor; and (j) the South Carolina Municipal Association. (2) Members of the committee shall serve for terms of three years and until their successors are appointed and qualify. (3) Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The representative of the department shall serve as chairman. The committee shall review grant requests and proposals and make recommendations on grant awards to the State Solid Waste Advisory Council. Grants must be awarded by the State Solid Waste Advisory Council. (R)(1) Notwithstanding subsection (N), the department may use funds from the Waste Tire Trust Fund to fund activities of the department to implement provisions of this section to promote the recycling of waste tires and to develop a sustainable statewide market infrastructure for tire-derived products as provided in item (2). (2) The department shall collaborate with the South Carolina Department of Commerce to identify, pursue, and develop a statewide market infrastructure for tire-derived products. The departments shall: (a) develop a state plan for the efficient and effective management of waste tires with priority focus on market development; (b) develop a comprehensive and diversified approach to market development for targeting higher end uses for waste tires and a circular tire economy in consultation with representatives from: (i) the South Carolina Department of Transportation; (ii) the state's asphalt paving industry; (iii) the Recycling Market Development Advisory Council pursuant to Section 13-1-380; (iv) county governments; (v) state public colleges and universities; (vi) waste tire recyclers; (vii) new tire retailers and processors; (viii) South Carolina's tire manufacturers; (ix) United States' tire manufacturers; and (x) other appropriate stakeholders as determined by the department. (c) promote the economic and environmental benefits of waste tire recycling; and (d) establish specific goals and objectives for the State to achieve to align with national percentages in reuse markets. (3) The use of these funds must be reviewed annually by the Waste Tire Committee and the Solid Waste Advisory Council. The Recycling Market Development Advisory Council and the Solid Waste Advisory Council also may make recommendations to the department for use of these funds. (S) The department shall establish by regulation recordkeeping and reporting requirements for waste tire haulers, as provided in Sections 39-75-110 and 39-75-140, and collection, processing, recycling, and disposal facilities. (T) A county failing to comply with the requirements of this section and regulations promulgated under it is not eligible for monies from the Waste Tire Trust Fund. Effect of Amendment 2021 Act No. 67, SECTION 2, rewrote (J) and (O). 2025 Act No. 33, SECTIONS 2, 3, in the last sentence of (E), substituted "four hundred dollars a ton for waste tires originating outside of the State, for non-USDOT tires, and for those tires submitted to the county for disposal" for "one dollar and fifty cents for each tire or up to one hundred fifty dollars a ton for waste tires generated in this State"; rewrote (F), (N), (O), (P), (Q), and (R); and in (S), inserted "as provided in Sections 39-75-110 and 39-75-140,".
S.C. Code Ann. § 44-81-30 — SC Code / Title 44 / Chapter 81 / Section 44-81-30
SECTION 44-81-30. Definitions.
Status: in_force

As used in this chapter: (1) "Long-term care facility" means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department). (2) "Resident" means a person who is receiving treatment or care in a long-term care facility. (3) "Representative" means a resident's legal guardian, committee, or next of kin or other person acting as agent of a resident who does not have a legally appointed guardian.
S.C. Code Ann. § 44-63-84 — SC Code / Title 44 / Chapter 63 / Section 44-63-84
SECTION 44-63-84. Persons to whom death certificate may be issued.
Status: in_force

Copies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Upon request, the Department of Social Services or its designee must be provided with copies or certified copies of death certificates for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right. Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his possession, except that the Department of Social Services or its designee may not be charged this fee. When fifty years have elapsed after the date of death, these records must be made available in photographic or other suitable format for public viewing.
S.C. Code Ann. § 44-61-830 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-830
SECTION 44-61-830. Oversight; dispute resolution; enforcement.
Status: in_force

(A)(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. (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)(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. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (C)(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. (D)(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. § 44-1-90 — SC Code / Title 44 / Chapter 1 / Section 44-1-90
SECTION 44-1-90. Board shall advise municipal and county authorities.
Status: in_force

The State Board of Health and Environmental Control or its designated agents, when it is deemed necessary by the municipal officers of any town or city or the governing body of any county, may (a) visit cities, towns, villages or localities where disease is prevalent or threatened, (b) investigate and advise with the local authorities or persons as to such measures as may tend to prevent the spread of disease or to remove or abate causes that may tend to cause or intensify disease, (c) advise, when practicable or possible, as to measures of sanitation or hygiene and (d) investigate and advise as to all matters respecting water supply, sewage, drainage, ventilation, heating, lighting or other measures connected with public sanitation or safety.
S.C. Code Ann. § 44-48-160 — SC Code / Title 44 / Chapter 48 / Section 44-48-160
SECTION 44-48-160. Registration requirements.
Status: in_force

A resident released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23. Effect of Amendment 2023 Act No. 19, SECTION 13, substituted "A resident" for "A person".
S.C. Code Ann. § 44-7-3110 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3110
SECTION 44-7-3110. Lease and sale of certain assets; terms and conditions.
Status: in_force

The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to: (A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and (B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land. Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements: (1) The term of the lease and any extensions may not exceed a total aggregate period of thirty years. (2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and health care, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards. (3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal. (4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital and its clinical programs. (5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured. (6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services. (7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to finance Medical University Hospital facilities, and all other revenues and payments received from or in connection with this lease or sale must be dedicated solely for use of the Medical University of South Carolina's business and operations as the Board of Trustees of the Medical University of South Carolina may direct, subject to review by the appropriate bodies of state governments. (8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws. (9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law; nor shall such access be denied based on lack of participation or membership in a particular health plan or network. (10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records. Provided, further, that the lease and sale may not be finalized until the State Fiscal Accountability Authority or Department of Administration, as applicable, is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation. The State Fiscal Accountability Authority or Department of Administration, as applicable, is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and ensuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the State Fiscal Accountability Authority or Department of Administration, as applicable, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code, and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division. No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the State Fiscal Accountability Authority or Department of Administration, as applicable, has certified that the provisions of this article have been complied with fully.
S.C. Code Ann. § 44-54-50 — SC Code / Title 44 / Chapter 54 / Section 44-54-50
SECTION 44-54-50. Actions by individual users; damages recoverable.
Status: in_force

(A) An individual user is entitled to bring an action for damages caused by the use of an illegal controlled substance only if all of the following conditions are met: (1) not less than six months before filing the action, the individual personally discloses to narcotics enforcement authorities all of the information known to the individual regarding the individual's sources of illegal controlled substances; (2) the individual has not used an illegal controlled substance within thirty days before filing the action; and (3) the individual does not use an illegal controlled substance during the pendency of the action. (B) The individual user entitled to bring an action under this section may recover only the following damages: (1) economic damages including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's use of an illegal controlled substance; (2) reasonable attorney fees; and (3) costs of suit including, but not limited to, reasonable expenses for expert testimony. (C) The individual user entitled to bring an action under this section may seek damages only from a person who distributed or possessed with the intent to distribute the illegal controlled substance actually used by the individual user.
S.C. Code Ann. § 44-42-310 — SC Code / Title 44 / Chapter 42 / Section 44-42-310
SECTION 44-42-310. Definitions.
Status: in_force

For the purposes of this article: (1) "Sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. (2) "Cross-sex hormones" means testosterone, estrogen, or progesterone given to an individual in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex. (3) "Gender" means the psychological, behavioral, social, and cultural aspects of being male or female. (4) "Gender reassignment surgery" means any surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's sex including, without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (5) "Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to his or her sex to identifying with and living as a gender different from his or her sex, and may involve social, legal, or physical changes. (6) "Gender transition procedures" means puberty-blocking drugs, cross-sex hormones, or genital or nongenital gender reassignment surgery, provided or performed for the purpose of assisting an individual with a physical gender transition. (7) "Genital gender reassignment surgery" means a surgical procedure performed for the purpose of assisting an individual with a physical gender transition including, without limitation, penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty, hysterectomy, ophorectomy, reconstruction of the urethra, metoidioplasty or phalloplasty, vaginectomy, scrotoplasty, or implantation of erection and/or testicular prostheses. (8) "Nongenital gender reassignment surgery" means surgical procedures performed for the purpose of assisting an individual with a physical gender transition including, without limitation, augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction, subcutaneous mastectomy, pectoral implants, or various aesthetic procedures. (9) "Puberty-blocking drugs" means gonadotropin releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal pubertal development in children.
S.C. Code Ann. § 44-4-120 — SC Code / Title 44 / Chapter 4 / Article 1 / Section 44-4-120
SECTION 44-4-120. Purpose.
Status: in_force

The purposes of this act are: (1) to authorize the collection of data and records, the control of property, the management of persons, and access to communications as may be strictly necessary to accomplish the purposes of this act; (2) to facilitate the early detection of a qualifying health event or public health emergency, and allow for immediate investigation of such an emergency by granting access to individuals' health information under specified circumstances; (3) to grant state officials the authority to use and appropriate property as necessary for the care, treatment, and housing of patients, and for the destruction or decontamination of contaminated materials; (4) to grant state officials the authority to provide care and treatment to persons who are ill or who have been exposed to infection, and to separate affected individuals from the population at large for the purpose of interrupting the transmission of infectious disease; (5) to ensure that the needs of infected or exposed persons will be addressed to the fullest extent possible, given the primary goal of controlling serious health threats; (6) to provide state officials with the ability to prevent, detect, manage, and contain emergency health threats without unduly interfering with civil rights and liberties; and (7) to require the development of a comprehensive plan to provide for a coordinated, appropriate response in the event of a public health emergency.
S.C. Code Ann. § 44-41-85 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-85
SECTION 44-41-85. Performance of partial-birth abortion by physician; felony; cause of action against physician.
Status: in_force

(A) A physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars or imprisoned for not less than five years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for that purpose. (B) As used in this section: (1) the term "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. (2) the term "physician" means a physician, surgeon, or osteopath authorized to practice medicine in this State and licensed pursuant to Chapter 47 of Title 40. However, an individual who is not a physician, but who directly and knowingly performs a partial-birth abortion is also subject to the provisions of this section. (C)(1) The father, if married to the mother at the time she receives a partial-birth abortion, and if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus have a cause of action against the physician or other person unlawfully performing a partial-birth abortion and may obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. (2) Such relief includes, but is not limited to: (a) actual damages which shall be trebled; (b) punitive damages for all injuries, psychological and physical, occasioned by the violation of this section; and (c) reasonable costs and attorney's fees. (D) A woman upon whom a partial-birth abortion is performed may not be prosecuted for a violation of this section, for a conspiracy to violate this section, or for any other offense which is based on a violation of this section.
S.C. Code Ann. § 44-63-163 — SC Code / Title 44 / Chapter 63 / Section 44-63-163
SECTION 44-63-163. Birth certificate to be prepared after father is determined in paternity proceeding.
Status: in_force

Upon entry of a court order or an administrative determination that the putative father is the legal father pursuant to Section 63-17-70(A), the clerk of court shall send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on an amended certificate of birth to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control. A new certificate must be prepared for a child born in this State to reflect the name of the father determined by the court or an administrative agency of competent jurisdiction upon receipt of a certified copy of a court or administrative determination of paternity pursuant to Section 63-17-10. Orders modifying, vacating, or amending paternity orders must be handled by the clerk of court and State Registrar in the same manner. If the surname of the child is not decreed by the court, the surname must not be changed on the certificate. When an amended certificate is prepared, the original certificate and certified copy of the court order must be placed in a sealed file not to be subject to inspection except by order of the family court. Effect of Amendment 2019 Act No. 42, SECTION 2, inserted the first sentence, in the second sentence, substituted "A new certificate" for "A certificate", inserted the third sentence, and in the fourth sentence, substituted "surname must not be changed" for "request for the certificate must specify the surname to be placed".
S.C. Code Ann. § 44-77-120 — SC Code / Title 44 / Chapter 77 / Section 44-77-120
SECTION 44-77-120. Declaration as a condition for insurance, receipt of medical treatment, or admission to hospital or nursing home.
Status: in_force

No person may be required to sign a declaration in accordance with Sections 44-77-40 and 44-77-50 as a condition for becoming insured under any insurance contract or for receiving any medical treatment or as a condition of being admitted to a hospital or nursing home facility.
S.C. Code Ann. § 44-1-315 — SC Code / Title 44 / Chapter 1 / Section 44-1-315
SECTION 44-1-315. Environmental permits and permittees; boundary clarification.
Status: in_force

(A) For purposes of the section, "impacted location" means any facility issued or otherwise subject to a permit, license, or approval from the North Carolina Department of Environment and Natural Resources that has now been determined to be located within the jurisdiction of the South Carolina Department of Health and Environmental Control as a result of the amendments to Section 1-1-10, effective January 1, 2017. (B) Notwithstanding any other provision of law, the South Carolina Department of Health and Environmental Control, in issuing any environmental permit, license, or approval to an impacted location shall provide a schedule of compliance that allows the permittee a reasonable period of time to be no greater than five years to come into compliance with any South Carolina environmental rule, regulation, or standard established by the department or by law that has no corresponding rule, regulation, or standard under North Carolina law or regulation, or is more stringent than the corresponding rule, regulation, or standard established under North Carolina law or regulation. The department may include increments of progress applicable in each year of the schedule established under this subsection, and may shorten the period of compliance as necessary to prevent an imminent threat to the public health and environment. The department may extend a permittee's compliance schedule under this section beyond five years upon written application by the permittee only if the department determines that circumstances reasonably require such an extension, and the extension of time would pose no threat to public health or the environment.
S.C. Code Ann. § 44-44-120 — SC Code / Title 44 / Chapter 44 / Section 44-44-120
SECTION 44-44-120. Agreements with other agencies.
Status: in_force

The department may negotiate and enter into cooperative agreements and contracts with federal agencies, other states, universities, genetics centers, and other parties, as appropriate, in order to facilitate operation of the program.
S.C. Code Ann. § 44-53-500 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-500
SECTION 44-53-500. Procedure for issuance and execution of administrative inspection warrants.
Status: in_force

(a) Issuance and execution of administrative inspection warrants shall be as follows: (1) Any judge or magistrate of a court having jurisdiction where the inspection or seizure is to be conducted, may, upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this article or regulations thereunder, and seizures of property appropriate to such inspections. For the purposes of this section, "probable cause" means a valid public interest in the effective enforcement of this article or regulations sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant; (2) A warrant shall issue only upon an affidavit of an officer or employee duly designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized by Section 44-53-480(b) to execute it. The warrant shall state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified, and where appropriate, shall direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate to whom it shall be returned; (3) A warrant issued pursuant to this section must be executed and returned within ten days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person executing the warrant. The clerk of the court, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant; and (4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall cause them to be filed with the court which issued such warrant. (b) The Department of Health and Environmental Control is authorized to make administrative inspections of controlled premises in accordance with the following provisions: (1) For the purposes of this article only, "controlled premises" means: (a) Places where persons registered or exempted from registration requirements under this article are required to keep records, and (b) Places including factories, warehouses, establishments, and conveyances where persons registered or exempted from registration requirements under this article are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance. (2) When so authorized by an administrative inspection warrant issued pursuant to this section an officer or employee designated by the Office of Substance Use Services upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection. (3) When so authorized by an administrative inspection warrant, an officer or employee designated by the Department may: (a) Inspect and copy records required by this article to be kept; (b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein including records, files, papers, processes, controls, and facilities bearing on violation of this article; and (c) Inventory any stock of any controlled substance therein and obtain samples of any such substance. (4) This section shall not be construed to prevent entries and administrative inspections (including seizures of property) without a warrant: (a) With the consent of the owner, operator or agent in charge of the controlled premises; (b) In situations presenting imminent danger to health or safety; (c) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and (e) In all other situations where a warrant is not constitutionally required. (5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to: (a) Financial data; (b) Sales data other than shipment data; (c) Pricing data; (d) Personnel data; or (e) Research data. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-77-100 — SC Code / Title 44 / Chapter 77 / Section 44-77-100
SECTION 44-77-100. Substitution of willing physician or health care worker for one unwilling to effectuate declaration.
Status: in_force

A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration. If a nurse or other employee of a health care facility informs the physician or health care facility that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures from a declarant, the physician or health care facility shall make a reasonable effort to effectuate the declaration without the participation of the employee.
S.C. Code Ann. § 44-53-710 — SC Code / Title 44 / Chapter 53 / Article 5 / Section 44-53-710
SECTION 44-53-710. Exclusive control over methadone vested in Department of Health and Environmental Control.
Status: in_force

The South Carolina Department of Health and Environmental Control has exclusive control over the controlled substance methadone.
S.C. Code Ann. § 44-56-420 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-420
SECTION 44-56-420. Drycleaning Facility Restoration Trust Fund.
Status: repealed

(A) There is created in the state treasury a separate and distinct account called the "Drycleaning Facility Restoration Trust Fund", revenue for which must be collected and enforced by the Department of Revenue, and the fund must be administered by the department and expended for the purposes of this article. However, the department may contract for the administration of the fund or any part of the administration of the fund. Judgments, recoveries, reimbursements, loans, surcharges and fees imposed and collected pursuant to this article except for administrative costs retained by the Department of Revenue, and other fees and charges related to the implementation of this article must be credited to the fund. Payments made out of the fund must be made in accordance with the provisions of this article. The State accepts no financial responsibility as a result of the creation of the fund. The creation of the fund creates no burden upon the State to provide monies for the fund by any mechanisms other than as provided in this article. The State may recover to the fund any disbursements from the fund which were not utilized in accordance with this article. (B) The board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the release of drycleaning solvent to soil or waters of the State. This moratorium applies only to those sites deemed eligible as defined in Section 44-56-470. The board may review and determine the appropriateness of the moratorium as needed. The review by the board must include, but is not limited to, consideration of these factors: (1) the solvency of the fund as described in this article; (2) prioritization of the sites; (3) public health concerns related to the sites; (4) eligibility of the sites; and (5) corrective action plans submitted to the department. After review, the board may suspend all or a portion of the moratorium if necessary. (C) If incidents of contamination by drycleaning solvent related to the operation of an eligible contaminated site pose a threat to the environment or the public health, safety, or welfare, the department may expend monies available in the fund to provide for: (1) the prompt investigation and assessment of the contaminated sites; however, the owner or operator of a drycleaning facility or wholesale supply facility or a property owner shall pay for the cost of the investigation and assessment up to the amount of the owner's, operator's, or property owner's deductible, and the department only shall provide monies that exceed the owner's, operator's, or property owner's deductible; (2) the expeditious treatment, restoration, or replacement of potable water supplies; (3) the remediation including the operation maintenance and monitoring of eligible contaminated sites, which consist of remediation of affected soil, groundwater, and surface waters, using the most cost-effective alternative that is reliable and feasible technologically and that provides adequate protection of the public health, safety, and welfare and minimizes environmental damage in accordance with the site selection; (4) the expenses of administering the fund by the department including the employment of department staff to carry out the department's duties described in this article; however, the department may exclude five percent of the average annual collections of the fund or the amount required to fund four employees and the administrative costs associated with these employees, whichever is greater. (D) The fund may not be used to: (1) pay for activities in subsection (C) if the activities at a site are or were not related to the operation of a drycleaning facility or wholesale supply facility; (2) pay for activities in subsection (C) if the activities are for a contaminated site that is proposed for listing or is listed on the State Priority List or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any site that is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended; (3) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a drycleaning facility or wholesale supply facility or a property owner under local, state, or federal law; (4) pay for activities in subsection (C) if the costs were incurred before July 1, 1995; (5) pay any costs to landscape or otherwise artificially improve a contaminated site; (6) pay for activities in subsection (C) where the costs were incurred before the actual date of the first payment of registration fees for the site pursuant to Section 44-56-440(B); (7) pay any costs for work not approved by the department in accordance with this article or regulations promulgated pursuant to this article; (8) pay for activities in subsection (C) at sites that are uniform rental and linen supply facilities unless the site was operated on or after July 1, 1995, as a drycleaning facility for garments or fabrics belonging to the public and has participated in the fund; (9) pay for activities in subsection (C) at sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facilities unless they qualify pursuant to Section 44-56-470(C); (10) pay any costs that may be associated with, but are not integral to, site assessment and/or remediation; and (11) pay for activities in subsection (C) at a drycleaning facility that has been contaminated as a result of a release by a wholesale supplier during the delivery of drycleaning solvent until it has first been remediated by the full amount of the wholesale supplier's insurance. Editor's Note 2004 Act No. 237, SECTION 11, provides in part as follows: "The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability."
S.C. Code Ann. § 44-52-70 — SC Code / Title 44 / Chapter 52 / Section 44-52-70
SECTION 44-52-70. Involuntary commitment; examination; report; commencement of judicial proceedings.
Status: in_force

Judicial proceedings for the involuntary commitment of an individual may be initiated as follows: An adult person or head of a treatment facility under Section 44-52-40 may file a petition with the court in the county where the person is present or where he is a resident or of the county where the person is hospitalized pursuant to Section 44-52-40, under penalty of perjury, alleging that the person is chemically dependent and in need of involuntary commitment. The petition must be accompanied by the certificate of a licensed physician stating that he has examined the individual within forty-eight hours before the filing of the petition, unless the individual has refused to submit to a medical exam in which case the fact of refusal must be alleged in the petition. The certificate of the physician shall state that in his opinion, based upon stated reasons, the person is chemically dependent and in need of involuntary commitment for care and treatment. If the person for whom involuntary commitment is sought is a patient of a treatment facility pursuant to Section 44-52-40, the petition shall so state. The court shall order an examination of the individual for whom involuntary commitment is sought. At the direction of the court, the examination may be made by two designees, one of whom must be a licensed physician. The examination may be performed at a treatment facility or other suitable place, and a report must be submitted to the court within seven days of the date of the hearing. On the report of the designees of refusal to submit to examination, the court shall order the person for whom involuntary commitment is sought to submit to an examination. If he refuses to obey the court order, the court may require a law enforcement officer to take him into custody for not exceeding twenty-four hours during which time he must be examined by the two designees. A person taken into custody for the purpose of examination may not be placed in a jail or other correctional facility except for protective custody purposes. If within the twenty-four hours the person in custody is not examined by a licensed physician, the proceedings must be terminated and the individual in custody must be immediately released. His attorney must be notified before his confinement. Upon completion of the examination by the designees, the person must be released. If the reports of the designees are to the effect that the person for whom involuntary commitment is sought is not a chemically dependent person in need of involuntary commitment, the court shall terminate the proceedings. If the two examiners conflict in their opinions, the court shall terminate the proceedings or shall designate a third examiner, who must be knowledgeable in the treatment of chemical dependency and charge the three examiners to render a majority opinion before the date of the court hearing. Upon the filing of the petition, the court shall fix a date for the hearing to be held not later than twenty days after the date of filing of the petition unless reasonable delay is sought for good cause shown. The person for whom involuntary commitment is sought must be represented by counsel at all stages of the proceeding. If the individual cannot afford to hire an attorney, the court shall appoint an attorney to represent him.
S.C. Code Ann. § 44-7-394 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-394
SECTION 44-7-394. Assertion and defense of confidentiality claims.
Status: in_force

(A) If a hospital or affected person asserts a claim of confidentiality over documents pursuant to Section 44-7-392, and the party seeking the documents objects, then upon motion to the court having jurisdiction over the pending action the court shall review the documents under seal to determine if any of the documents are subject to discovery. The court may order production of the documents to the requesting party. If the court finds that a hospital or affected person acted unreasonably in unsuccessfully asserting the claim of confidentiality, the court may assess attorney's fees against that party for any fees incurred by the requesting party in obtaining the documents. Further, a party to a medical or hospital malpractice case shall not offer testimony of a person who was a witness to the medical or hospital care that is the subject of the medical or hospital malpractice case if their testimony would be inconsistent with a prior written, electronic, video, or audio statement of fact submitted by the person and that is confidential under Section 44-7-392, unless such prior inconsistent statement of fact is first produced to all parties in the medical or hospital malpractice case. Upon request by a party, a privilege log shall be provided by a hospital to all parties in the medical or hospital malpractice case identifying any prior written, electronic, video, or audio statements of fact relating to the medical or hospital care that is the subject of the medical or hospital malpractice case that were given by a witness who is identified in discovery and may testify at trial. Upon motion of any party, a prior statement of fact, whether written, electronic, video, or audio, that is confidential under Section 44-7-392, may be reviewed by the court in camera to determine whether the prior statement of fact is inconsistent with the trial testimony offered in the medical or hospital malpractice case. If the court concludes that the prior statement of fact is inconsistent, the court shall order that the prior written statement of fact be produced to the moving party. (B) For purposes of this section an "affected person" means a person, other than a patient, who is a subject of a proceeding enumerated in Section 44-7-392(A)(1). (C) If the court orders a hospital or affected person to produce documents to a third party under this section, the hospital or affected person shall have the right to immediately appeal that order, and the filing of the appeal shall stay the enforcement of the order compelling the production.
S.C. Code Ann. § 44-55-620 — SC Code / Title 44 / Chapter 55 / Article 7 / Section 44-55-620
SECTION 44-55-620. Specifications, rules and regulations for septic tanks and their installation.
Status: in_force

The county board of health of any such county may promulgate specifications, rules and regulations governing septic tanks and their installation which shall accord with approved engineering standards in general and shall contain the following standards and requirements in particular: (1) No septic tank shall be installed which has a net liquid capacity of less than five hundred gallons; (2) The length of each tank shall be at least two but not more than three times the width; (3) The uniform liquid depth of each tank shall be not less than two feet six inches; and (4) The theoretical detention period of each tank shall be not less than twenty-four hours based upon the average daily flow.
S.C. Code Ann. § 44-31-130 — SC Code / Title 44 / Chapter 31 / Article 3 / Section 44-31-130
SECTION 44-31-130. Appeal of commitment; no stay pending appeal available.
Status: in_force

A person committed to a facility under the terms of this article has the right to appeal to a court having jurisdiction for review of the evidence under which the person was committed. The order of commitment must not be stayed pending appeal.
S.C. Code Ann. § 44-7-1660 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1660
SECTION 44-7-1660. Subsidiary loan agreements.
Status: in_force

(A) Public agencies and hospital agencies are empowered and authorized to enter into subsidiary loan agreements. Prior to entering into a subsidiary loan agreement pursuant to this article, the county board of the project county or of the authorizing issuer, if the subsidiary loan agreement is between the authorizing issuer and a public agency or hospital agency located in its jurisdiction, shall comply with the following criteria and requirements with respect to hospital facilities located in its jurisdiction; however, the determination of the county board as to its compliance with the criteria and requirements is final and conclusive, subject only to challenge as provided in Section 44-7-1690: (1) There is a need for the hospital facilities in the area in which the hospital facilities are to be located. (2) No hospital facilities may be provided for any hospital agency or public agency which is not financially responsible and capable of fulfilling its obligations under the subsidiary loan agreement, including the obligations to make the payments required under the agreement, to operate, repair, and maintain at its own expense the hospital facilities, and to discharge other responsibilities as may be imposed under the subsidiary loan agreement. (3) Adequate provision must be made for the payment of the principal of and the interest on the bonds and any necessary reserves for the payment and for the operation, repair, and maintenance of the hospital facilities at the expense of the hospital agency or public agency. (4) The public facilities, including utilities, and public services necessary for the hospital facilities must be made available. (5) The county board has given due consideration, upon the advice of counsel, to the impact, if any, of the bonds on the county's present or future financings. (B) The county board may not enter into a subsidiary loan agreement to finance the acquisition, construction, expansion, equipping, or financing of any hospital facilities until approval of the agreement by the South Carolina Department of Health and Environmental Control as may be required under Article 3 of Chapter 7 of Title 44.
S.C. Code Ann. § 44-1-215 — SC Code / Title 44 / Chapter 1 / Section 44-1-215
SECTION 44-1-215. Retaining certain funds.
Status: in_force

Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B.
S.C. Code Ann. § 44-7-3230 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3230
SECTION 44-7-3230. Guarantee of financial obligations.
Status: in_force

Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant.
S.C. Code Ann. § 44-55-1040 — SC Code / Title 44 / Chapter 55 / Article 11 / Section 44-55-1040
SECTION 44-55-1040. Issuance of collection and disposal franchise.
Status: in_force

The governing body of any county electing to come under the provisions of this article may call for bids for the right to collect and dispose of garbage or may issue to one or more persons on such terms as it shall fix the right or franchise to collect and dispose of garbage not inconsistent with the provisions of this article.
S.C. Code Ann. § 44-24-90 — SC Code / Title 44 / Chapter 24 / Section 44-24-90
SECTION 44-24-90. Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.
Status: in_force

(A) Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that: (1) the child is in need of treatment; (2) treatment may be obtained only through an involuntary admission. (B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions. (C) Upon receiving a petition the court shall give the child and his legal guardian, the guardian ad litem, if one has been appointed, and other interested persons notice by certified mail of the petition and of the child's right to counsel. Every reasonable effort must be made to notify the child's natural parents of the petition. (D) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom must be a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need, if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.
S.C. Code Ann. § 44-7-350 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-350
SECTION 44-7-350. Community residential care facility.
Status: in_force

The agency placing a client in a community residential care facility shall develop an individual plan of care in cooperation with the provider. The placing agency shall monitor the plan to the extent considered appropriate by the placement agency. Prior to a community residential care facility being licensed for operation in an area which is outside incorporated areas of a county, the following conditions must be met: (1) The governing body for the area must be given notice of the proposed location. (2) Where the governing body objects to the proposed site for the facility, the arbitration procedures set forth in Act 449 of 1978 must be employed.
S.C. Code Ann. § 44-96-105 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-105
SECTION 44-96-105. Promulgation of regulations.
Status: in_force

All regulations promulgated by the department pursuant to this chapter must be in consultation with officials representing local governments which own or operate municipal solid waste disposal facilities, pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 44-1-190 — SC Code / Title 44 / Chapter 1 / Section 44-1-190
SECTION 44-1-190. Department may investigate ability to pay and determine amount of charges; contracts for care and treatment.
Status: in_force

The Department of Health and Environmental Control shall make such investigations as it deems necessary to determine which persons or which of the parents, guardians, trustees, committees or other persons or agencies legally responsible therefor are financially able to pay the expenses of the care and treatment, and may contract with any person or agency for the care and treatment of any person to the extent permitted by the resources available to the Department. The Department may require any county or State agency to furnish information which would be helpful to it in making the investigations. In arriving at the amount to be charged, the Department shall have due regard for the financial condition and estate of the person, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents, may agree to accept a sum less than the actual cost of services. No person shall be deprived of available health services solely because of inability to pay. No fees shall be charged for services which in the judgment of the Department should be made freely available in order to protect and promote the public health.
S.C. Code Ann. § 44-20-210 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-210
SECTION 44-20-210. Creation of Office of Intellectual and Developmental Disabilities.
Status: in_force

There is created the Office of Intellectual and Developmental Disabilities, a component of the Department of Behavioral Health and Developmental Disabilities. The office shall be headed by an office director appointed by the Director of the Department of Behavioral Health and Developmental Disabilities pursuant to Section 44-12-50(B)(1). Editor's Note 2012 Act No. 222, SECTION 15, provides as follows: "SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires." Effect of Amendment 2025 Act No. 3, SECTION 5, rewrote the section.
S.C. Code Ann. § 44-76-10 — SC Code / Title 44 / Chapter 76 / Section 44-76-10
SECTION 44-76-10. Short title.
Status: in_force

This act may be cited as the "South Carolina Automated External Defibrillator Act".
S.C. Code Ann. § 44-7-1670 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1670
SECTION 44-7-1670. Authorization for public agencies to enter into subsidiary loan agreements with county board; county not to obligate itself.
Status: in_force

For the purposes of this article, public agencies may enter into one or more subsidiary loan agreements with a county board to facilitate the financing, acquiring, constructing, improving, enlarging, expanding, equipping, providing, operating, and maintaining of hospital facilities located within the jurisdiction of the county board and pursuant to the subsidiary loan agreement may operate, repair, and maintain hospital facilities and pay the costs of the operation, repair, and maintenance from any funds available for the purpose and the payments required for the operation, repair, and maintenance. However, in making the agreement no county may obligate itself except with respect to any security pledged, mortgaged, or otherwise made available for the securing of the bonds and the application of the revenues from the subsidiary loan agreement nor incur a pecuniary liability or a charge against its general credit or its taxing powers.
S.C. Code Ann. § 44-29-135 — SC Code / Title 44 / Chapter 29 / Section 44-29-135
SECTION 44-29-135. Confidentiality of sexually transmitted disease records.
Status: in_force

All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances: (a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; (b) release is made of medical or epidemiological information with the consent of all persons identified in the information released; (c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease; (d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; (e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report of abuse or neglect is required by Section 63-7-310; or (f) if a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending a public school in kindergarten through fifth grade, the department shall notify the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends. This notification and information contained in the notification must not be recorded in the child's permanent record. However, if this information is in the child's permanent school record, the information must be purged from the child's record before the child enters the sixth grade.
S.C. Code Ann. § 44-34-50 — SC Code / Title 44 / Chapter 34 / Section 44-34-50
SECTION 44-34-50. Tattoo artists; required certifications; on-site inspections.
Status: in_force

(A) A tattoo artist must be at least twenty-one years old and must possess a certificate of successful completion, on an annual basis, of a course in blood borne pathology and tattoo infection control as approved by the department, a current American Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification obtained either from the American Red Cross or the American Heart Association. A tattoo artist must conspicuously display in a public area on the premises of the tattoo facility the certificates of successful completion of a course in CPR, first aid, blood borne pathogens, and tattoo infection control. (B) A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines. (C) The tattoo artist must allow and cooperate with on-site inspections and investigations as considered necessary by the department and must address by corrective action the noncompliance items as identified by the department.
S.C. Code Ann. § 44-53-860 — SC Code / Title 44 / Chapter 53 / Article 6 / Section 44-53-860
SECTION 44-53-860. Chairman; meetings; quorum.
Status: in_force

The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.
S.C. Code Ann. § 44-7-265 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-265
SECTION 44-7-265. Freestanding or mobile technology regulations to be promulgated.
Status: in_force

The department shall promulgate regulations for licensing freestanding or mobile technology. At a minimum, the regulations must include: (1) standards for the maintenance and operation of freestanding or mobile technology to ensure the safe and effective treatment of persons served; (2) a description of the professional qualifications necessary for personnel to operate the equipment and interpret the test results; (3) minimum staffing requirements to ensure the safe operation of the equipment and interpret the test results; and (4) that all freestanding or mobile technology must be in conformance with professional organizational standards.
S.C. Code Ann. § 44-53-490 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-490
SECTION 44-53-490. Drug inspectors.
Status: in_force

The Department of Health and Environmental Control shall designate persons holding a degree in pharmacy to serve as drug inspectors. Such inspectors shall, from time to time, but no less than once every three years, inspect all practitioners and registrants who manufacture, dispense, or distribute controlled substances, including those persons exempt from registration but who are otherwise permitted to keep controlled substances for specific purposes. The drug inspector shall submit an annual report by the first day of each year to the Department and a copy to the Office of Substance Use Services specifying the name of the practitioner or the registrant or such exempt persons inspected, the date of inspection and any other violations of this article. The Department may employ other persons as agents and assistant inspectors to aid in the enforcement of those duties delegated to the Department by this article. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-23-20 — SC Code / Title 44 / Chapter 23 / Article 1 / Section 44-23-20
SECTION 44-23-20. Inapplicability to Whitten Center.
Status: in_force

The provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17 and Chapter 27, shall not be construed as applying to Whitten Center.
S.C. Code Ann. § 44-96-60 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-60
SECTION 44-96-60. State solid waste management plan; revision of plan and annual report; State Solid Waste Advisory Council.
Status: in_force

(A) Not later than eighteen months after this chapter is effective, the department shall submit to the Governor and to the General Assembly a state solid waste management plan. All regulations promulgated by the department in accordance with this chapter are subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act. The plan shall, at a minimum, include: (1) an inventory of the amounts and types of solid waste currently being disposed of at solid waste disposal facilities in this State, both in the municipal solid waste stream and in the industrial solid waste stream; (2) an estimate of solid waste which will require disposal at solid waste disposal facilities in this State projected for the twenty-year period following this chapter's effective date; (3) an estimate of the current capacity in this State to manage solid waste, including an identification of each solid waste management facility and a projection of its remaining useful life; (4) an evaluation of current solid waste management practices, including without limitation waste reduction, recycling, incineration, storage, processing, disposal, and export; (5) an analysis of the types of solid waste facilities which will be needed to manage the state's solid waste during the projected twenty-year period; (6) a description of procedures by which the State may facilitate the siting, construction, and operation of new facilities needed to manage the state's solid waste over the projected twenty-year period; (7) an evaluation of existing local government solid waste management programs, including recommendations, if necessary, on ways to improve such programs; (8) a description of the means by which the State shall achieve its statewide solid waste recycling and reduction goals; including recommendations on which categories of solid waste materials should be recycled; (9) procedures and requirements for meeting state goals for waste reduction and recycling, including composting, and objectives for waste-to-energy implementation and sanitary landfilling; (10) a description of existing state programs and recommendations for new programs or activities that will be needed to assist local governments in meeting their responsibilities under this article, whether by financial, technical, or other forms of aid; (11) procedures by which local governments and regions may request assistance from the department; (12) procedures for encouraging and ensuring cooperative efforts in solid waste management by the State, local governments, and private industry, including a description of the means by which the State may encourage local governments to pursue a regional approach to solid waste management; (13) minimum standards and procedures developed after consulting with local government officials which must be met by a county or region in its solid waste management plan, including the procedures which will be used to provide for input from private industry and from private citizens; (14) a comprehensive analysis of the amounts and types of hazardous waste currently being disposed of in municipal solid waste landfills and recommendations regarding more appropriate means of managing such waste; (15) a description of the public education programs to be developed in consultation with local governments, other state agencies, and business and industry organizations to inform the public of solid waste management practices in this State and the need for and the benefits of recycling, reduction, and other methods of managing the solid waste generated in this State; (16) a description of the program for the certification of operators at solid waste management facilities; (17) recommendations on whether to require that certain solid waste materials be made degradable and, if so, which categories of materials; and (18) a fiscal impact statement identifying the costs incurred by the department in preparing the state solid waste management plan and which will be incurred in carrying out all of the department's duties and responsibilities under this chapter, including the number of new employees which may be necessary, and an estimate of the revenues which will be raised by the various fees authorized by this chapter. (B) After submission of the state solid waste management plan, the department shall submit to the Governor and to the General Assembly by March fifteenth of each year a comprehensive report on solid waste management in this State for the previous year. The annual report shall, at a minimum, include: (1) any revisions in the state solid waste management plan which the department determines are necessary; (2) a description and evaluation of the progress made in implementing the state solid waste management plan; (3) a description and evaluation of the progress made by local governments in implementing their solid waste management plans; (4) an inventory of the amounts and types of solid waste received, recycled, incinerated, or disposed at solid waste disposal facilities during the previous year and the methods of recycling, incineration, or disposal used including, but not limited to, paper, polystyrene, and beverage containers; (5) a determination of the success of the State, each county or region, and municipality, if a program is in existence in the municipality, in achieving the solid waste recycling and reduction goals established in Section 44-96-50; (6) recommendations to the Governor and to the General Assembly for improving the management of solid waste in this State; and (7) the number of lead-acid batteries recycled. The department may establish procedures and promulgate regulations necessary to obtain recycling data. These procedures may include, but are not limited to, registration of municipal solid waste recyclers and requiring municipal solid waste recyclers to submit annual reports on the amounts, actual or estimated, and types of materials recycled and the county, when available, in which the materials were generated. (C) Not later than six months after this chapter is effective, there shall be established a State Solid Waste Advisory Council. The council shall consist of the following sixteen members: (1) twelve members appointed by the Governor which shall include one member to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; and two members shall represent municipalities to be recommended by the South Carolina Municipal Association. County, regional, and municipal representatives who are elected officials shall serve ex officio; (2) the consumer advocate or his designee; (3) one member to represent the Department of Health and Environmental Control; (4) the Secretary of Commerce or his designee; and (5) one member to represent the Governor. The members of the council in (1) above appointed after May 27, 1997, shall serve terms of four years dating from May 27, 1997, except that the member representing manufacturing interests, one member representing the solid waste disposal industry, the member representing existing private recycling industry, one member representing the general public, the member representing a county with a population of over one hundred thousand, and one municipal member must be appointed for a term of two years dating from May 27, 1997, and subsequent appointment of these members must be for a term of four years. No member appointed after May 27, 1997, may serve more than two terms. Members named in (2), (3), (4), and (5) above shall serve co-terminus with their office or at the pleasure of the respective appointing authority. No member appointed before May 27, 1997, shall serve past May 27, 2001. Members shall promulgate regulations concerning meeting attendance. The council shall advise the department on the preparation of the state solid waste management plan, on methods of implementing the state plan on the preparation of the annual reports by the department on solid waste management and provide technical expertise regarding solid waste management grants and planning. The council shall be provided with drafts of the plan and reports and shall be given adequate opportunity to comment. The council also shall be advised on a regular basis by the department regarding the grant applications which have been accepted or denied under the Solid Waste Management Grant Program and on the status of the Solid Waste Management Trust Fund.
S.C. Code Ann. § 44-7-82 — SC Code / Title 44 / Chapter 7 / Article 2 / Section 44-7-82
SECTION 44-7-82. Permit requirement.
Status: in_force

No nursing home may provide care to Medicaid patients without first obtaining a permit in the manner provided in this article.
S.C. Code Ann. § 44-7-3160 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3160
SECTION 44-7-3160. Personal profiting prohibited.
Status: in_force

Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section "substantial role" means a role where one is providing direct advice to the members of a negotiating team or being a member of a negotiating team.
S.C. Code Ann. § 44-96-310 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-310
SECTION 44-96-310. Research, development, and demonstration permits.
Status: in_force

(A) The department may issue a research, development, and demonstration permit for any solid waste management facility proposing to utilize an innovative and experimental solid waste management technology or process. The application for such permit must clearly demonstrate adequate protection of human health and safety and the environment and must be consistent with federal and state laws and regulations and this article. A permit issued under this section must not be for an activity of a continuing nature. (B) An application for a permit issued under this section must, at a minimum: (1) describe the proposed activity in detail; (2) describe how the permit applicant intends to provide for the management of solid waste in order to determine the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and safety and the environment, and how the permit applicant intends to protect human health and safety and the environment in the conduct of the project; and (3) state that the permit applicant will share on a timely basis with the department any information obtained as a result of the activity undertaken under the permit. (C) Not later than eighteen months after this article is effective, the department shall promulgate the criteria and procedures for the issuance of such permits.
S.C. Code Ann. § 44-24-270 — SC Code / Title 44 / Chapter 24 / Section 44-24-270
SECTION 44-24-270. Personal, civil, and property rights of child in treatment program.
Status: in_force

(A) A child who is a patient of a treatment program has the right to: (1) receive special education and vocational training in addition to other forms of treatment from the State Department of Education as required by law; (2) participate in play, recreation, physical exercise, and outdoor activity on a regular basis, in accordance with his needs; (3) keep and use his own clothing and personal possessions under appropriate supervision; (4) participate in religious worship; (5) receive assistance as needed in sending and receiving correspondence and in making telephone calls at his own expense; (6) receive visitors, under appropriate supervision; (7) have access to individual storage space for his own use. (B) No right enumerated in subsection (A) may be restricted without a written statement in the child's treatment record by a member of the child's treatment team. This statement must indicate the detailed reason for the restrictions. A written restriction is effective for not more than sixty days and may be renewed only by the child's attending physician. Reason for renewal must be entered in the child's treatment records. Renewed restrictions may not exceed thirty days. (C) Except as otherwise provided by law, no child may be denied the right to: (1) hold a driver's license; (2) marry or divorce. (D) Unless adjudicated incompetent, no child may be denied any other rights specified by law.
S.C. Code Ann. § 44-20-740 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-740
SECTION 44-20-740. Restrictions as to services; number of clients; form of application for license; term of license; license as not transferrable.
Status: in_force

No day program may accept a person with intellectual disability, a related disability, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the Office of Intellectual and Developmental Disabilities in a form and under conditions the Department of Behavioral Health and Developmental Disabilities may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-53-1370 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1370
SECTION 44-53-1370. Childhood lead poisoning prevention education program.
Status: in_force

The department may institute a childhood lead poisoning prevention education program. The program shall emphasize the dangers and sources of lead poisoning and the methods of lead poisoning prevention and lead-based hazard remediation.
S.C. Code Ann. § 44-107-50 — SC Code / Title 44 / Chapter 107 / Section 44-107-50
SECTION 44-107-50. Required response to employee's conviction of drug-related offense.
Status: in_force

A grantee or contractor shall, within thirty days after receiving notice from an employee of a conviction pursuant to Article 3, Chapter 53 of this title: (1) take appropriate personnel action against the employee up to and including termination; or (2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for the purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
S.C. Code Ann. § 44-53-210 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-210
SECTION 44-53-210. Schedule II.
Status: in_force

(a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding Apomorphine, Nalbuphine, Naloxone, and Naltrexone, and their respective salts; (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium; (3) Opium poppy and poppy straw; (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: 1. Alphaprodine 2. Anileridine 3. Bezitramide 4. Dihydrocodeine 5. Diphenoxylate 6. Fentanyl 7. Isomethadone 8. Levomethorphan 9. Levorphanol 10. Metazocine 11. Methadone 12. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane 13. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid 14. Pentazocine (to be administered by injection only) 15. Pethidine (meperidine). 16. Pethidine - Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine 17. Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 18. Pethidine - Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid 19. Phenazocine 20. Piminodine 21. Racemethorphan 22. Racemorphan 23. Dextropropoxyphene [alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane], in bulk form. 24. Sufentanil (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: 1. Amphetamine, its salts, optical isomers, and salts of its optical isomers. 2. Methamphetamine, its salts, and salts of isomers. 3. Phenmetrazine and its salts. 4. Methylphenidate. (e) [Deleted] (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system: 1. Amobarbital 2. Secobarbital 3. Pentobarbital 4. Phencyclidine 5. Phencyclidine immediate precursors: (a) 1-phenylcyclohexylamine (b) 1-piperidinocyclohexanecarbonitrile (PCC). (g) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance: (1) Immediate precursor to amphetamine and methamphetamine: (i) Phenylacetone, also known as phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. Editor's Note Section 44-53-160(B) authorizes the Department of Public Health, formerly the Department of Health and Environmental Control, to add, delete, or reschedule a substance as a controlled substance when the General Assembly is not in session, and Section 44-53-160(C) requires the department to make such changes to conform to federal law. For a complete and accurate list of controlled substance schedules, please visit the department's website at https://dph.sc.gov/professionals/healthcare-quality/drug-control-register-verify/controlled-substance-schedule
S.C. Code Ann. § 44-36-310 — SC Code / Title 44 / Chapter 36 / Article 3 / Section 44-36-310
SECTION 44-36-310. Alzheimer's Disease and Related Disorders Resource Coordination Center created; purpose.
Status: in_force

In the Department on Aging, there is created the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals with Alzheimer's disease and related disorders, their families, and caregivers. Effect of Amendment 2018 Act No. 261, SECTION 16, substituted "In the Department on Aging, there is created" for "There is created in the Office of the Lieutenant Governor, Division on Aging,".
S.C. Code Ann. § 44-7-2010 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2010
SECTION 44-7-2010. Authority for counties to form regional health services districts.
Status: in_force

Any county or group of contiguous counties, any municipality or group of contiguous municipalities located within their boundaries, or any county or group thereof, and any municipalities located within their boundaries, may form a health services district by enactment of the governing body of the county or municipality or by joint enactment of the governing bodies of the counties and municipalities desiring to create a health services district pursuant to the provisions of the South Carolina Education Improvement Act of 1984. The enactment shall designate the name of the health services district and shall declare it to be a body politic and corporate within the counties and municipalities so designated.
S.C. Code Ann. § 44-34-10 — SC Code / Title 44 / Chapter 34 / Section 44-34-10
SECTION 44-34-10. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Health and Environmental Control. (2) "Tattoo facility" means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted. (3) "Tattoo artist" means a person who practices body tattooing and who meets the requirements of this chapter. (4) "Tattoo or tattooing" means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.
S.C. Code Ann. § 44-55-1020 — SC Code / Title 44 / Chapter 55 / Article 11 / Section 44-55-1020
SECTION 44-55-1020. Article inapplicable to certain cities, towns, and individuals.
Status: in_force

The provisions of this article shall not apply to any incorporated city or town which regulates the collection and disposal of its garbage or to individuals who dispose of their own garbage in a manner satisfactory to the county health department.
S.C. Code Ann. § 44-43-710 — SC Code / Title 44 / Chapter 43 / Article 9 / Section 44-43-710
SECTION 44-43-710. Consent; who may give consent.
Status: in_force

A pathologist or a licensed physician or surgeon may conduct a postmortem examination on a dead human body when consent is given in writing by the person prior to his death or when consent is given by the spouse of the deceased; but if the spouse at the time of death was living apart from the deceased, or, if there is no spouse surviving, the consent may be given by whichever one of the next of kin, as determined by law of this State, assumes custody of the body for burial purposes; however, the autopsy must not be performed under a consent given by a person if, before the autopsy is performed, any other next of kin objects in writing to the person by whom the autopsy is to be performed. If two or more persons assume custody of the body, consent of one of them is sufficient. If no next of kin assumes custody of the body for burial purposes, consent may be given by the person who assumes custody of the body for burial. If all of the next of kin are minors, the consent of a minor who is sixteen years of age or older is sufficient. A consent purporting to have been given by a person authorized to give consent is conclusively presumed to have been given by the person.
S.C. Code Ann. § 44-55-2330 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2330
SECTION 44-55-2330. Promulgation of regulations.
Status: in_force

The department shall promulgate regulations, standards, and procedures necessary to protect the health and safety of the public and to ensure proper design, construction, and operation of public swimming pools. The regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, and physical standards for public swimming pool waters.
S.C. Code Ann. § 44-29-190 — SC Code / Title 44 / Chapter 29 / Section 44-29-190
SECTION 44-29-190. Penalty for violation of Section 44-29-180.
Status: in_force

Any person who violates the provisions of Section 44-29-180 is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned for not more than thirty days.
S.C. Code Ann. § 44-71-40 — SC Code / Title 44 / Chapter 71 / Section 44-71-40
SECTION 44-71-40. Application for license.
Status: in_force

(A) A person, private or public organization, political subdivision, or other governmental agency desiring to obtain a license shall file with the department an application on a form prescribed, prepared, and furnished by the department. (B) Any hospice desiring to obtain approval for the registration of a multiple location shall file with the department an application on a form prescribed, prepared, and furnished by the department. (C) Any hospice desiring to expand its licensed service area of its primary office or one or more of its registered multiple locations to include additional counties shall first file with the department an application on a form prescribed, prepared, and furnished by the department. Effect of Amendment 2017 Act No. 61, SECTION 1, rewrote the section, providing for expansion of hospice service areas.
S.C. Code Ann. § 44-7-1080 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1080
SECTION 44-7-1080. Agreements with contributing districts as to use of hospital.
Status: in_force

The board of trustees of any municipal hospital established under the provisions of this article may enter into agreement with the residents of any adjoining or nearby school district, including any portion of a school district outside the limits in which such city or town is located, to permit the residents of such district to use the hospital upon the same conditions, terms and rates as extended and established for residents of the municipality. This shall be accomplished by fixing a levy of taxes upon all property in the school district, or any determined portion thereof, such levy to be commensurate with any levy made by the municipality for the purposes of payment of any bonded indebtedness incurred in the building of the hospital, the interest thereon and any costs of operation and maintenance.
S.C. Code Ann. § 44-4-510 — SC Code / Title 44 / Chapter 4 / Article 5 / Section 44-4-510
SECTION 44-4-510. Physical examinations or tests; isolation or quarantine of persons refusing examination.
Status: in_force

(A)(1) During a state of public health emergency, DHEC may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals. (2) DHEC may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health. (B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHEC. (2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.