S.C. Code Ann. § 44-53-378 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-378
SECTION 44-53-378. Exposing child to methamphetamine.
Status: in_force

(A) It is unlawful for a person who is eighteen years of age or older to: (1) either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or (2) knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or (3) knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine. (B) A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. Editor's Note This section was formerly SECTION 20-7-105. 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. § 44-13-70 — SC Code / Title 44 / Chapter 13 / Section 44-13-70
SECTION 44-13-70. Admission forms to be kept by probate judges.
Status: in_force

The judge of probate in each county shall keep an adequate supply of forms necessary for the admission or commitment of persons under this chapter, Chapter 9, Chapter 11, Article 1 of Chapter 15, Chapter 17, Chapter 23, Chapter 24, Chapter 27, and Chapter 52.
S.C. Code Ann. § 44-11-70 — SC Code / Title 44 / Chapter 11 / Section 44-11-70
SECTION 44-11-70. Employment and powers of law enforcement officers for facilities.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may employ law enforcement officers as may be necessary to maintain the security of state mental health facilities. The law enforcement officers must be vested with all the powers and charged with all the duties of police officers generally. They may, without warrant, arrest persons guilty of disorderly conduct or of trespass on state mental health facilities and have them tried in any court of competent jurisdiction. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-20-750 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-750
SECTION 44-20-750. Inspection of facilities; filing copy of bylaws, regulations, and rates of charges; inspection of records.
Status: in_force

The Office of Intellectual and Developmental Disabilities shall make day program inspections as the Department of Behavioral Health and Developmental Disabilities may prescribe by regulation. The day programs subject to this article may be visited and inspected by the department's director or his designees no less than annually and before the issuance of a license. Upon request, each program shall file with the office a copy of its bylaws, regulations, and rates of charges. The records of each licensed program are open to the inspection of the department's director or his designees. 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. § 44-24-130 — SC Code / Title 44 / Chapter 24 / Section 44-24-130
SECTION 44-24-130. Hearing; location; testimony; rules of evidence; transcript.
Status: in_force

A person to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses, and the court may receive the testimony of other persons. The court may hold the hearing in a suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the child concerned is best served by conducting the hearing in a location other than the court. The hearing may be conducted in an informal manner consistent with orderly procedure. The court shall follow the rules of evidence applicable to the probate courts in receiving evidence. The child or his legal guardian may have a free transcript of the record of the proceedings.
S.C. Code Ann. § 44-63-30 — SC Code / Title 44 / Chapter 63 / Section 44-63-30
SECTION 44-63-30. State registrar of vital statistics.
Status: in_force

The Director of the Department of Health and Environmental Control is the state registrar of vital statistics and shall carry into effect the regulations and orders of the department. The department shall provide suitable apartments properly equipped with fireproof vaults and filing cases for the permanent preservation of all official records.
S.C. Code Ann. § 44-63-160 — SC Code / Title 44 / Chapter 63 / Section 44-63-160
SECTION 44-63-160. Amendment of birth record of legitimized child.
Status: in_force

To amend a birth record of a child legitimized under the provisions of Section 20-1-60 or 20-1-70, the Bureau of Vital Statistics shall require an affidavit of both parents and a certified copy of the parents' marriage record. However, if either the mother or the reputed father is deceased, if another man is shown as the father of the child on the original birth certificate, or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the family court. The original birth certificate and documents authorizing the amendment must be placed in a sealed file not to be subject to inspection except upon order of the family court.
S.C. Code Ann. § 44-52-150 — SC Code / Title 44 / Chapter 52 / Section 44-52-150
SECTION 44-52-150. Reconfinement of involuntarily committed patient who has left treatment facility without permission.
Status: in_force

If any patient involuntarily committed to a treatment facility is absent without permission a law enforcement officer may, upon written order of the head of the treatment facility and without the necessity of a warrant or court order, take the patient into custody and return him to the facility. No person may be reconfined pursuant to this section after being continuously absent from the jurisdiction of the Office of Mental Health for at least one year. 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. § 44-53-50 — SC Code / Title 44 / Chapter 53 / Article 1 / Section 44-53-50
SECTION 44-53-50. Sale of household and commercial laundry detergent and dishwashing detergent containing phosphorus prohibited.
Status: in_force

(A) Except as otherwise provided in this section, a person may use, sell, manufacture, or distribute for use or sale in this State no cleaning agent that contains more than zero percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding five-tenths of one percent. For the purposes of this section, "cleaning agent" means a household or commercial laundry detergent, dishwashing compound, household cleaner, household or commercial dishwashing detergent, metal cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes. (B) A person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than zero percent phosphorus by weight but does not exceed eight and seven-tenths percent phosphorus by weight that is a substance excluded from the zero percent phosphorus limitation of this section by regulations adopted by the Department of Health and Environmental Control which are based on a finding that compliance with this section would: (1) create a significant hardship on the user; or (2) be unreasonable because of the lack of an adequate substitute cleaning agent. (C) This section does not apply to a cleaning agent that is: (1) used in dairy, beverage, or food processing equipment; (2) used in hospitals, veterinary hospitals, clinics, or health care facilities or in agricultural or dairy production or in the manufacture of health care supplies; (3) used by industry for metal, fabric, or fiber cleaning or conditioning; (4) manufactured, stored, or distributed for use or sale outside of this State; (5) used in a laboratory, including a biological laboratory, research facility, chemical laboratory, or engineering laboratory; or (6) used as a water softening chemical, antiscale chemical, or corrosion inhibitor intended for use in closed systems such as boilers, air conditioners, cooling towers, or hot water heating systems. (D) The Department of Health and Environmental Control shall promulgate regulations to administer and enforce the provisions of this section. A cleaning agent held for sale or distribution in violation of this section may be seized by appropriate administrative or law enforcement personnel. The seized cleaning agents are considered forfeited. (E) A person who knowingly sells, manufactures, or distributes any cleaning agent in violation of the provisions of this section shall receive a written warning from the Department of Health and Environmental Control for the first violation. For a subsequent violation, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year. Each unlawful sale constitutes a separate violation. (F) The provisions of this section may not restrict sale by a retailer of a household dishwashing detergent product from inventory existing and in stock at the retailer on July 1, 2012. Editor's Note 2012 Act No. 120, SECTION 2, provides as follows: "The provisions of this act relating to household dishwashing detergent take effect July 1, 2012. The provisions of this act relating to commercial dishwashing and laundry detergent and industrial cleaners take effect on July 1, 2013. All other provisions of this act take effect July 1, 2014."
S.C. Code Ann. § 44-29-195 — SC Code / Title 44 / Chapter 29 / Section 44-29-195
SECTION 44-29-195. Head lice; prerequisites to return of student to school; voucher for treatment products.
Status: in_force

(A) A student sent home from school for having pediculosis (head lice) only may return to school upon presentation of evidence of treatment and upon a physical screening conducted by the school nurse or other person designated by the principal indicating an absence of pediculosis. (B) The department shall make available to eligible families, through the county health departments, products or vouchers for products for the treatment of pediculosis. For purposes of this subsection, a family is eligible if a child in the family is a student in the public school system and the child receives Medicaid or free or reduced school meals.
S.C. Code Ann. § 44-55-1330 — SC Code / Title 44 / Chapter 55 / Article 14 / Section 44-55-1330
SECTION 44-55-1330. System installation requirements.
Status: repealed

Section repealed upon contingency. See Editor's notes. (A) A passive soil-based on-site disposal system must be installed only by installation technicians who are licensed by the department under Regulation 61-56.1 as an installer and certified by the manufacturer or a representative that has been duly authorized to administer licensed installer certification. (B) A passive soil-based on-site disposal system must be sized and installed according to these minimum standards: (1) The storage capacity of the system must be at least that available in a conventional gravel system below the invert. A manufacturer shall provide its product's storage capacity as determined by a recognized third party testing company. (2) The total trench bottom area of the passive soil-based on-site disposal system, measured as the area bounded by the trench width and length must be at least seventy-five percent of that required for a conventional gravel system. The system must not be less than three hundred square feet, measured as the area bounded by the trench width and length, for soils in all classifications. In addition to the above requirement, the system must provide an unobstructed open bottom area equal to at least one-half the total bottom area of a conventional gravel system. The system must have a projected product width that fills the trench width within two inches. The system also must have a reserve area at least equal to fifty percent of the size of the installed system. (3) The absorption area must comply with all other appropriate separation distances, trench location, trench depth, and contour orientation as prescribed in Regulation 61-56. The permitting procedure for these systems will be the same as conventional systems to include site evaluation and final inspection. (4) The entire absorption area must be shown on a set of "as built" diagrams prepared by the department at the time of final inspection to include information identifying the name of the installer, the name of the product manufacturer, and the type or model number of the installed product. (5) Lateral trench runs must be as long as practical within the limits of the approved site so as to minimize the linear loading rate. Wastewater may be distributed to a lateral trench run either by gravity flow or by pump. Editor's Note Section 44-55-1350, as amended by 2015 Act No. 37, SECTION 4, provides for the repeal of this section when certain regulations become effective.
S.C. Code Ann. § 44-125-20 — SC Code / Title 44 / Chapter 125 / Section 44-125-20
SECTION 44-125-20. Establishment of Osteoporosis Education Fund; purpose.
Status: in_force

(A) There is established the Osteoporosis Education Fund, separate and distinct from the general fund, in the State Treasury and to be administered by the Department of Health and Environmental Control. The purpose of the fund is to promote public awareness, prevention, and treatment of osteoporosis. (B) All funds received by the department for the Osteoporosis Education Fund must be deposited with the State Treasurer. Earnings on the funds must be credited to the fund. Funds remaining in the account for the fund at the end of the fiscal year may be carried forward by the fund.
S.C. Code Ann. § 44-52-20 — SC Code / Title 44 / Chapter 52 / Section 44-52-20
SECTION 44-52-20. Voluntary admission.
Status: in_force

Any person who is sixteen years or older, appears to be and believes himself to be chemically dependent, may make written application for voluntary admission to a treatment facility. Application may be made on behalf of any person under sixteen years of age by the parent or legal guardian. Upon receipt of the application, the head of the treatment facility may receive the patient for observation and diagnosis. If evidence of chemical dependency is found, the patient may be given care and treatment at the facility. An individualized treatment plan must be developed for the person as soon as possible after admittance. Any person voluntarily admitted to a treatment facility must be given notice of his rights under this chapter at the time of his admission. A voluntary patient must be informed that, upon a written request for release, the head of the treatment facility may initiate judicial proceedings for involuntary commitment.
S.C. Code Ann. § 44-53-1390 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1390
SECTION 44-53-1390. Investigation of lead poisoning case reports; right of entry.
Status: in_force

When the department is notified of a lead poisoning case, the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the department may obtain an administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.
S.C. Code Ann. § 44-29-70 — SC Code / Title 44 / Chapter 29 / Section 44-29-70
SECTION 44-29-70. Reports of cases of sexually transmitted diseases.
Status: in_force

Any physician or other person who makes a diagnosis of or treats a case of a sexually transmitted disease and any superintendent or manager of a hospital, dispensary, health care related facility, or charitable or penal institution in which there is a case of a sexually transmitted disease shall report it to the health authorities according to the form and manner as the Department of Health and Environmental Control directs.
S.C. Code Ann. § 44-43-940 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-940
SECTION 44-43-940. Collaboration in support of donation process.
Status: in_force

All relevant hospital administration and staff shall collaborate with the organ and tissue procurement organization in a cooperative effort to support and promote the donation process.
S.C. Code Ann. § 44-7-940 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-940
SECTION 44-7-940. Oath, organization, and compensation of trustees.
Status: in_force

The persons elected trustees of any such municipal hospital shall qualify by taking the oath of office required of other officials of the municipality and shall organize as a board of trustees of such hospital by the election of one of their number as chairman and one as secretary. The trustees of such hospital shall receive no compensation for their services as trustees, but may be reimbursed for any cash expenditures actually made for personal expenses incurred in the fulfillment of their duties of the office.
S.C. Code Ann. § 44-20-300 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-300
SECTION 44-20-300. Motor vehicle liability insurance for employees of department.
Status: in_force

The Department of Behavioral Health and Developmental Disabilities may acquire motor vehicle liability insurance for employees operating office vehicles or private vehicles in connection with their official office duties to protect against liability. 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. § 44-41-40 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-40
SECTION 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
Status: in_force

No private or nongovernmental hospital or clinic shall be required to admit any patient for the purpose of terminating a pregnancy, nor shall such institutions be required to permit their facilities to be utilized for the performance of abortions. No cause of action shall arise against any such hospital or clinic for refusal to perform or to allow the performance of an abortion if the institution has adopted a policy not to admit patients for the purpose of terminating pregnancies; provided, that no hospital or clinic shall refuse an emergency admittance.
S.C. Code Ann. § 44-28-70 — SC Code / Title 44 / Chapter 28 / Article 1 / Section 44-28-70
SECTION 44-28-70. Crediting and allocation of interest.
Status: in_force

The State Treasurer shall credit interest earned on the Self-Sufficiency Trust Fund to the fund and shall allocate the interest pro rata to the accounts of the named beneficiaries of the fund.
S.C. Code Ann. § 44-42-320 — SC Code / Title 44 / Chapter 42 / Section 44-42-320
SECTION 44-42-320. Health care professionals prohibited from providing gender transition procedures to persons under eighteen years of age.
Status: in_force

(A) A physician, mental health provider, or other health care professional shall not knowingly provide gender transition procedures to a person under eighteen years of age. (B) A physician, mental health provider, or other health care professional shall not engage in the provision or performance of gender transition procedures to a person under eighteen years of age. This section may not be construed to impose liability on any speech protected by federal or state law. (C) If prior to August 1, 2024, a health care professional initiated a course of treatment that includes the prescription, delivery, or administration of a puberty-blocking drug or a cross-sex hormone to a person under the age of eighteen, and if the health care professional determines and documents in the person's medical record that immediately terminating the person's use of the drug or hormone would cause harm to the person, the health care professional may institute a period during which the person's use of the drug or hormone is systematically reduced. That period may not extend beyond January 31, 2025. (D) Subject to the provisions in subsections (A) and (B), nothing in this section prohibits a licensed health provider from offering mental health services within the scope of his practice. (E) A physician who knowingly performs genital gender reassignment surgery in violation of this chapter is guilty of inflicting great bodily injury upon a child as provided for in Section 16-3-95(A).
S.C. Code Ann. § 44-53-270 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-270
SECTION 44-53-270. Schedule V.
Status: in_force

(a) The controlled substances listed in this section are included in Schedule V. (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliter or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (6) Not more than one-half milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit. 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. § 44-9-60 — SC Code / Title 44 / Chapter 9 / Section 44-9-60
SECTION 44-9-60. Appointment of directors of hospitals; employment of personnel.
Status: in_force

The Director of the Department of Behavioral Health and Developmental Disabilities may appoint a director of each hospital. Each director must be knowledgeable in the treatment of the mentally ill and in hospital administration. The director of each hospital under the jurisdiction of the Office of Mental Health is responsible for the employment of all personnel at the hospital, subject to the approval of the office director. The office director may serve as director of one or more hospitals or other mental health facilities. 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. § 44-17-320 — SC Code / Title 44 / Chapter 17 / Article 3 / Section 44-17-320
SECTION 44-17-320. Discharge of voluntary patient by superintendent.
Status: in_force

The superintendent of a hospital shall discharge any voluntary patient who has recovered or whose detention he determines to be no longer advisable.
S.C. Code Ann. § 44-7-1610 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1610
SECTION 44-7-1610. Revenues deemed trust funds.
Status: in_force

All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article and in any resolution or trust indenture pursuant hereto. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and the resolution authorizing the bonds of any issue or any trust indenture.
S.C. Code Ann. § 44-7-2590 — SC Code / Title 44 / Chapter 7 / Article 21 / Section 44-7-2590
SECTION 44-7-2590. Confidentiality of records and information; exceptions; penalties for unauthorized disclosure.
Status: in_force

All information and reports related to children and families obtained pursuant to this article are confidential as provided in Subchapter VIII, Chapter 33, Title 20, U.S. Code Annotated. A person who disseminates or permits the unauthorized dissemination of the information or reports is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
S.C. Code Ann. § 44-43-550 — SC Code / Title 44 / Chapter 43 / Article 7 / Section 44-43-550
SECTION 44-43-550. Distribution of bodies.
Status: in_force

The bodies received must be distributed by the board to and among medical colleges and schools of the State and physicians and surgeons as the board may designate. The colleges and schools first must be supplied with bodies needed for lectures and demonstration. The remaining bodies must be distributed equitably among the physicians and surgeons; however, in equitable distribution of the bodies, the physicians and surgeons of the city where the death of the person took place have prior right to receive the body. The board, instead of by themselves or through their agents receiving and delivering bodies, may, from time to time, either directly or by their officers or agents, designate physicians and surgeons to receive the bodies and the number each shall receive. For the purpose of the distribution contemplated by this section, a body must be held, subject to the order of the board or its authorized agent, in the city where death occurs not less than twenty-four hours.
S.C. Code Ann. § 44-53-120 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-120
SECTION 44-53-120. Duties of State Law Enforcement Division.
Status: in_force

The State Law Enforcement Division shall: (1) Cooperate with Federal and other State agencies in discharging its responsibilities concerning traffic in narcotics and controlled substances and in suppressing the abuse of dangerous substances; (2) Coordinate and cooperate in training programs on controlled substances law enforcement at the local and State levels; (3) Cooperate with the Federal Bureau of Narcotics and Dangerous Drugs by establishing a centralized unit within the South Carolina Law Enforcement Division which shall accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make such information available for Federal, State, and local law-enforcement purposes; and collect and furnish statistics for other appropriate purposes; (4) Coordinate and cooperate in programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted. (5) promulgate regulations to provide uniform procedures for the seizure, inventory, reporting, auditing, handling, testing, storage, preservation for evidentiary use, and destruction or other lawful disposition of controlled substances.
S.C. Code Ann. § 44-56-35 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-35
SECTION 44-56-35. Regulations establishing standards for location of hazardous waste treatment, storage, and disposal facilities.
Status: in_force

The department shall promulgate regulations establishing standards for the location of hazardous waste treatment, storage, and disposal facilities to more effectively ensure long-term protection of human health and the environment. These standards shall be based solely upon the protection of human health and the environment. The department shall have site suitability criteria promulgated and established no later than June 1, 1990. Upon promulgation of these standards, any new facility shall comply with these standards prior to issuance of a Part B permit. For any existing facility, these new standards shall be incorporated and become a condition of any Part B permit. Failure to meet the site suitability standard regulations shall be deemed to be a failure to meet the conditions of the permit.
S.C. Code Ann. § 44-7-1060 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-1060
SECTION 44-7-1060. Promulgation of rules for operation of hospital; employment of staff.
Status: in_force

The board of trustees shall adopt and promulgate such rules, regulations and bylaws for the operation and government of the hospital as may be deemed expedient and necessary for the economic and equitable conduct thereof and establish thereby procedure for receiving and discharging patients and the rates, fees and charges to be made and collected for beds in wards or in private rooms and for the use of facilities and classified services, and, if and when necessary, the trustees may bring court proceedings for the enforcement of rights and the collection of accounts. They may also employ a superintendent of the hospital and other employees, designate the approved staff of physicians and surgeons, nurses and technicians and generally do any and all things necessary to carry out the operation of an approved hospital.
S.C. Code Ann. § 44-7-1430 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1430
SECTION 44-7-1430. Definitions.
Status: in_force

In this article, the following terms have the following meanings, unless the context otherwise requires: (a) "Authorizing issuer" means the county issuing bonds pursuant to Section 44-7-1640. (b) "Bonds" or "revenue bonds" include notes, bonds, refunding bonds, and other obligations authorized to be issued by this article. (c) "Cost" as applied to hospital facilities means the cost of construction or acquisition; the cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved; the cost of demolishing, removing, or relocating any buildings or structures on land so acquired, including the cost of acquiring any land to which the buildings or structures may be moved or relocated; the cost of all machinery, fixed and movable equipment and furnishings; financing charges, interest prior to and during construction and, if considered advisable by the State Board, for a period of not exceeding two years after the estimated date of completion of construction; the cost of engineering and architectural surveys, plans, and specifications; the cost of consulting and legal services and other expenses necessary or incidental to determining the feasibility or practicability of constructing or acquiring the hospital facilities; the cost of administrative and other expenses necessary or incidental to the construction or acquisition of the hospital facilities, and the financing of the construction or acquisition of the hospital facilities, including reasonable provision for working capital and a reserve for debt service; the cost of issuing bonds under this article, including legal fees and printing costs, and the cost of reimbursing any hospital agency any amounts expended for items that would have been proper costs of the hospital facilities within the meaning of this definition had the expenditure been made directly by the county board. "Cost" also includes monies necessary to refinance or to refund any indebtedness of any "hospital agency" or any "public agency" incurred at any time for the purpose of providing hospital facilities. (d) "County board" means each of the governing bodies of the counties of the State, and in the event any hospital facilities are located in more than one county, the term "county board" relates to the governing bodies of the counties in which the hospital facilities are located. (e) "Hospital agency" means any person, firm, corporation, association, or partnership whether for profit or not for profit, existing or created at any time and empowered to acquire, by lease or otherwise, operate, and maintain hospital facilities. (f) "Hospital facilities" means any one or more buildings, structures, additions, extensions, improvements, or other facilities, whether or not located on the same or contiguous site or sites (and including existing facilities), machinery, equipment, furnishings, or other real or personal property suitable for health care or medical care; and includes, without limitation, general hospitals, chronic diseases, maternity, mental, tuberculosis, and other specialized hospitals; facilities for emergency care, intensive care, and self-care; clinics and outpatient facilities; clinical, pathological, and other laboratories, hospital research facilities; extended care facilities; skilled nursing home facilities; nursing home facilities; retirement home facilities; laundries; residences and training facilities for nurses, interns, physicians, and other staff members; food preparation and food service facilities; administration buildings, central service, and other administrative facilities; communication, computer, and other electronic facilities; fire-fighting facilities; pharmaceutical and recreational facilities; storage space, X-ray, laser, radiotherapy, and other apparatus and equipment; dispensaries; utilities; vehicular parking lots and garages; office facilities for hospital staff members and physicians; and including, without limiting any of the foregoing, any other health and hospital facilities customarily under the jurisdiction of or provided by hospitals, or any combination of the foregoing, with all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities. (g) "Intergovernmental loan agreement" means a loan agreement made by and between the authorizing issuer, as one party, and the project county, as the other party, to which bond proceeds are loaned to finance hospital facilities located in the jurisdiction of the project county and whereby the project county agrees to pay to the authorizing issuer or any assignee the sums required to meet the payment of the principal, interest, and redemption premium, if any, on any bonds, the proceeds of which will be used to finance hospital facilities in the jurisdiction of the project county. (h) "Loan agreement" means any agreement made by and between any county board as one party and any hospital agency or public agency as the other party or parties by which the hospital agency or public agency agrees to pay to a county or to any assignee of the county the sums required to meet the payment of the principal, interest, and redemption premium, if any, on any bonds. If the county is also the public agency and the hospital facilities are under the jurisdiction of the county board, the loan agreement may be in the form of a resolution adopted by the county board. (i) "Project county" means the county, other than the authorizing issuer, to which proceeds of the bonds are loaned to finance hospital facilities. (j) "Public agency" means any county, city, town, or hospital district of the State existing or created at any time pursuant to the laws of the State authorized to acquire, by lease or otherwise, operate, and maintain hospital facilities. (k) "Authority" means the State Fiscal Accountability Authority of South Carolina. (l) "Trust indenture" means any agreement pursuant to which any bonds are issued. A trust indenture may also create a mortgage lien or security interest, or a mortgage lien and security interest, to secure bonds issued under the indenture. (m) "Subsidiary loan agreement" means a loan agreement between a county and any hospital agency or public agency and includes an agreement between the authorizing issuer and a hospital agency or public agency with respect to hospital facilities located in the jurisdiction of the authorizing issuer.
S.C. Code Ann. § 44-23-40 — SC Code / Title 44 / Chapter 23 / Article 1 / Section 44-23-40
SECTION 44-23-40. Appeal to court from rules and regulations.
Status: in_force

Any person affected by the rules and regulations of the Department of Behavioral Health and Developmental Disabilities adopted pursuant to Section 44-9-100 shall have the right to appeal therefrom to any court of record. 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. § 44-35-70 — SC Code / Title 44 / Chapter 35 / Section 44-35-70
SECTION 44-35-70. Acquisition of laboratories, hospitals, or other property.
Status: in_force

The Department of Health and Environmental Control may, to the extent of and within the available funds which may be provided, acquire laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the department considers advisable to afford proper treatment and care to cancer patients in this State and to carry out the intent and purpose of this chapter.
S.C. Code Ann. § 44-20-480 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-480
SECTION 44-20-480. Placement of client out of home; payment for services.
Status: in_force

When the Office of Intellectual and Developmental Disabilities determines that the welfare of a client would be facilitated by his placement out of the home, the client must be evaluated by the office, and the least restrictive level of care possible for the client must be recommended and provided when available. The office shall determine which levels of care are more restrictive and is responsible for providing a range of placements offering various levels of supervision. The office may pay an individual or organization furnishing residential alternatives to clients under this section a reasonable sum for services rendered, as determined by the office. 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. § 44-117-10 — SC Code / Title 44 / Chapter 117 / Article 1 / Section 44-117-10
SECTION 44-117-10. Short title.
Status: in_force

This chapter may be cited as the "Prescription Information Privacy Act".
S.C. Code Ann. § 44-61-850 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-850
SECTION 44-61-850. Construction and severability.
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.
S.C. Code Ann. § 44-31-520 — SC Code / Title 44 / Chapter 31 / Article 7 / Section 44-31-520
SECTION 44-31-520. Payment for medical care and hospitalization.
Status: in_force

Patients who are able to pay for their medical care and hospitalization shall be required to do so.
S.C. Code Ann. § 44-6-1040 — SC Code / Title 44 / Chapter 6 / Article 8 / Section 44-6-1040
SECTION 44-6-1040. Preferred drug list program; procedures to be included.
Status: in_force

Any preferred drug list program implemented by the department must include: (1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy-two-hour supply would unduly burden the Medicaid recipient and produce undesirable health consequences.
S.C. Code Ann. § 44-7-300 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-300
SECTION 44-7-300. Plans and specifications.
Status: in_force

Prior to commencing the construction or alteration of facilities required to be licensed by this department, plans and specifications must be submitted to the department for review and approval in accordance with regulations of the department. If construction has commenced without submittal of plans and specifications, an applicant for a license is required to submit certified drawings for review and approval prior to action upon the application for a license.
S.C. Code Ann. § 44-55-1310 — SC Code / Title 44 / Chapter 55 / Article 14 / Section 44-55-1310
SECTION 44-55-1310. Definitions.
Status: repealed

Section repealed upon contingency. See Editor's notes. As used in this article: (1) "Passive soil-based on-site disposal system" means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility. (2) "Department" means the South Carolina Department of Health and Environmental Control. Editor's Note Section 44-55-1350, as amended by 2015 Act No. 37, SECTION 4, provides for the repeal of this section when certain regulations become effective.
S.C. Code Ann. § 44-48-50 — SC Code / Title 44 / Chapter 48 / Section 44-48-50
SECTION 44-48-50. Multidisciplinary team; appointments; review of records; membership.
Status: in_force

(A) The Director of the Department of Corrections must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, must assess whether or not there is probable cause to believe the person satisfies the definition of a sexually violent predator. If it is determined that probable cause does exist, then the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include: (1) a representative from the Department of Corrections; (2) a representative from the Department of Probation, Parole and Pardon Services; (3) a representative from the Office of Mental Health who is a trained, qualified mental health clinician with education, training, or experience in assessing, examining, or treating sex offenders; (4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and (5) an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year. (B) The Director of the Department of Corrections or his designee appointed pursuant to subsection (A)(1) shall be the chairman of the team. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2023 Act No. 19, SECTION 4, inserted the (A) and (B) designators; in (A), in the third sentence, inserted "there is probable cause to believe", and in the fourth sentence, substituted "probable cause does exist, then" for "the person satisfies the definition of a sexually violent predator,", and in (3), substituted "education, training, or experience in assessing, examining, or treating sex offenders" for "expertise in treating sexually violent offenders"; and in (B), substituted "subsection (A)(1)" for "item (1)".
S.C. Code Ann. § 44-115-20 — SC Code / Title 44 / Chapter 115 / Section 44-115-20
SECTION 44-115-20. Physician is owner of certain patient records.
Status: in_force

The physician is the owner of medical records in his possession that were made in treating a patient and of records transferred to him concerning prior treatment of the patient.
S.C. Code Ann. § 44-21-40 — SC Code / Title 44 / Chapter 21 / Section 44-21-40
SECTION 44-21-40. Focus of Family Support Program.
Status: in_force

The focus of the Family Support Program is supporting: (1) families with children with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities, twenty-one years of age and younger; (2) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who choose to live with their families; (3) persons older than twenty-one years of age with intellectual disability or related disabilities or head injuries, spinal cord injuries, or similar disabilities who are residing in the community in an unsupported setting, not a state or federally funded program.
S.C. Code Ann. § 44-34-20 — SC Code / Title 44 / Chapter 34 / Section 44-34-20
SECTION 44-34-20. Establishment of sterilization, sanitation, and safety standards; licensing; engaging in other retail business.
Status: in_force

(A) The Department of Health and Environmental Control must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department must provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified in accordance with the Administrative Procedures Act as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies. (B) Prior to performing tattooing procedures, a tattoo facility must apply for and obtain a license issued by the department that shall be effective for a specified time period following the date of issue as determined by the department. To obtain a license, the tattoo facility must: (1) obtain a copy of the department's standards and commit on the application to meet those standards; (2) provide the department with its business address and the address at which the licensee would perform any activity regulated by this chapter; (3) provide to the department a certificate of each tattoo artist's initial certification of successful completion of courses in bloodborne pathogens and tattoo infection control as approved by the department and a current American Red Cross First Aid Certificate and an Adult Cardiopulmonary Resuscitation (CPR) Certification obtained from the American Red Cross or the American Heart Association; (4) remit to the department an initial and subsequently an annual license renewal fee of an amount set by the department; (5) provide to the department a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction; (6) be in substantial compliance with department standards as determined by an initial license inspection conducted by the department. (C) A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing.
S.C. Code Ann. § 44-28-360 — SC Code / Title 44 / Chapter 28 / Article 3 / Section 44-28-360
SECTION 44-28-360. Departments and Agency required to provide care or treatment to eligible beneficiaries using monies from fund.
Status: in_force

The Office of Intellectual and Developmental Disabilities, Office of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria. 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. § 44-29-80 — SC Code / Title 44 / Chapter 29 / Section 44-29-80
SECTION 44-29-80. Laboratories shall report positive tests and cooperate in preventing spread of sexually transmitted disease.
Status: in_force

Any laboratory performing a positive laboratory test for a sexually transmitted disease shall make a report of the case or positive laboratory test for a sexually transmitted disease to the Department of Health and Environmental Control in the form and manner as the department directs and shall cooperate with the Department of Health and Environmental Control and local boards of health in preventing the spread of sexually transmitted diseases.
S.C. Code Ann. § 44-22-120 — SC Code / Title 44 / Chapter 22 / Section 44-22-120
SECTION 44-22-120. Patients' rights; communication with outside; visitors; personal belongings and effects; clothing; religious practice; limits on rights made part of record and valid no more than 30 days.
Status: in_force

(A) Except to the extent the director of the facility determines it is required by the medical needs or safety of the patient to impose restrictions, a patient may: (1) communicate by sealed mail, telephone, or otherwise with persons, including official agencies, inside or outside the institution. Reasonable access to writing materials, stamps, and envelopes must be provided. Reasonable access to telephones including funds or means in which to use telephones must be provided. The head of a residential program determines what constitutes reasonable access; (2) receive visitors including unrestricted visits by legal counsel, private physicians, or members of the clergy or an advocate of the South Carolina Protection and Advocacy System for the Handicapped, Inc., if the visits take place at reasonable hours or by appointment, or both. Each facility must have a designated area where patients and visitors may speak privately if they desire; (3) wear his own clothes, have access to personal hygiene articles, keep and spend a reasonable sum of his own money, and keep and use his own personal possessions including articles for personal grooming not provided for by the facility unless the clothes or personal possessions are determined by a mental health professional to be dangerous or otherwise inappropriate to the treatment regimen. If clothing is provided by the facility, patients may select from neat, clean, seasonal clothing that allows the patient to appear normal in the community. To the extent staff determines a patient is able and willing to care for and maintain the patient's own clothing, the patient must be assisted in maintaining this clothing during the patient's stay in the facility; (4) have access to secure individual storage space for his private use. Personal property of a patient brought into the hospital and placed in storage by the hospital must be inventoried. Receipts must be given to the patient and at least one other interested person. The personal property may be reclaimed only by the patient, his spouse, or his parent or guardian as long as he is living unless otherwise ordered by the court. If property belonging to a patient is not reclaimed within ninety days following the patient's discharge or death, the property may be utilized by the Office of Mental Health for the benefit of other patients or programs ten days after written notice is sent to the individual or the individual's family at the last known address; (5) follow religious practices. Religious practices may be prohibited by the facility director if they lead to physical harm to the patient or to others, harassment of other patients, or damage to property. (B) All limitations imposed by the director of a residential program on the exercise of these rights by the patient and the reasons for the limitations must be made part of the clinical record of the patient. These limitations are valid for no more than thirty days. 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. § 44-24-200 — SC Code / Title 44 / Chapter 24 / Section 44-24-200
SECTION 44-24-200. Unauthorized absence of child from facility or residential program.
Status: in_force

(A) If a child committed to an inpatient facility or a residential treatment program is absent without proper authorization, the facility or program director immediately shall notify the appropriate state and local law enforcement officials and the parent or legal guardian of the absence by telephone. The notice also must be confirmed in writing and mailed to the law enforcement officials, parent, or legal guardian within twenty-four hours after the absence is discovered. (B) A law enforcement officer, upon the request of the facility director or his designee and without necessity of a warrant or a court order, may take the child into custody and return him to the program or facility.
S.C. Code Ann. § 44-49-340 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-340
SECTION 44-49-340. Referral to certified recovery housing.
Status: in_force

Section effective November 20, 2025. A state agency, an employee or agent of a state agency, or a vendor with a state contract that provides services for prevention and treatment of alcohol and substance use disorders, may not refer a person to recovery housing unless the recovery housing is certified pursuant to this article. Editor's Note 2024 Act No. 160, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor, except Sections 44-49-340 and 44-49-350, which take effect eighteen months after approval by the Governor."
S.C. Code Ann. § 44-1-180 — SC Code / Title 44 / Chapter 1 / Section 44-1-180
SECTION 44-1-180. Department may establish charges for health care.
Status: in_force

The Department of Health and Environmental Control may establish charges for maintenance and medical care for all persons served in State health centers and other health facilities under the jurisdiction of the Department and by personnel of the Department and of the health units under its jurisdiction in homes and any other places where health services are needed. The terms "medical care" and "health services" include the services of physicians, dentists, optometrists, nurses, sanitarians, physical therapists, medical social workers, occupational therapists, health aides, speech therapists, X-ray technologists, dietitians, nutritionists, laboratory technicians, and other professional and subprofessional health workers. The charges, which may be adjusted from time to time, shall be reasonable and based on the total costs of the services rendered, including operating costs, depreciation costs, and all other elements of costs.
S.C. Code Ann. § 44-137-50 — SC Code / Title 44 / Chapter 137 / Section 44-137-50
SECTION 44-137-50. Blocking access prohibited.
Status: in_force

No official, employee, or agent of this State shall block or attempt to block an eligible patient's lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section.
S.C. Code Ann. § 44-20-1170 — SC Code / Title 44 / Chapter 20 / Article 7 / Section 44-20-1170
SECTION 44-20-1170. Special funds; disposition of revenues; withdrawal of funds.
Status: in_force

(A) Following the execution and delivery of its obligations, the Department of Behavioral Health and Developmental Disabilities shall remit to the State Treasurer all its revenues, including accumulated revenues not applicable to prior obligations, for credit to a special fund. The special fund must be applied to meet the sums due by the Department of Behavioral Health and Developmental Disabilities under its obligations. These monies from the special fund must be applied by the State Treasurer to the payment of the principal of and interest on outstanding state capital improvement bonds. (B) If the accumulation of revenues of the Department of Behavioral Health and Developmental Disabilities in the special fund exceeds the payment due or to become due during the then current fiscal year and an additional sum equal to the maximum annual debt service requirement of the obligations for a succeeding fiscal year, the State Fiscal Accountability Authority or the Department of Administration, as applicable, may permit the Department of Behavioral Health and Developmental Disabilities to withdraw the excess and apply it to improvements that have received the approval of the authority or the Department of Administration, as applicable, or to transfer the excess out of the special fund for contract awards to local disabilities and special needs boards for needed improvements at the local level and for nonrecurring prevention, assistive technology, and quality initiatives at the regional centers and local boards. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-55-840 — SC Code / Title 44 / Chapter 55 / Article 9 / Section 44-55-840
SECTION 44-55-840. Penalties.
Status: in_force

Any supplier or recipient of electrical service or any other person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
S.C. Code Ann. § 44-41-380 — SC Code / Title 44 / Chapter 41 / Article 3 / Section 44-41-380
SECTION 44-41-380. Severability of provisions of article.
Status: in_force

If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.
S.C. Code Ann. § 44-71-50 — SC Code / Title 44 / Chapter 71 / Section 44-71-50
SECTION 44-71-50. Fees.
Status: in_force

The department is authorized to establish reasonable fees to be used in the administration of the program. Effect of Amendment 2017 Act No. 61, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 44-59-50 — SC Code / Title 44 / Chapter 59 / Section 44-59-50
SECTION 44-59-50. Catawba/Wateree Commission and Yadkin/Pee Dee Commission; membership; terms; filing vacancies.
Status: in_force

(A) The Catawba/Wateree Commission shall be composed of fifteen members who reside in counties which abut the Catawba/Wateree River Basin as follows: (1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives; (2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate; (3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives; (4) two members of the South Carolina Senate, to be appointed by the President of the South Carolina Senate; (5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission; (6) one person from a nonprofit land conservation trust operating within the North Carolina portion of the basin, appointed by the Governor of North Carolina; (7) the President of Duke Power or his designee; (8) the Chairman of the Bi-State Catawba River Task Force or his designee; (9) the Chief Executive Officer of the Carolina's Partnership, Inc. or his designee; (10) one person to represent the commissions referenced below, appointed jointly by the three chief executive officers of the commissions: the Lake Wylie Marine Commission established pursuant to Article 4 of Chapter 77 of the North Carolina General Statutes, the Mountain Island Lake Marine Commission established pursuant to Article 6 of Chapter 77 of the North Carolina General Statutes, and the Lake Norman Marine Commission established pursuant to Chapter 1089 of the 1969 North Carolina Session Laws; (11) one member from a lake homeowner's association located on the Catawba/Wateree River whose members reside in South Carolina, to be appointed by the President of the South Carolina Senate. (B) The Yadkin/Pee Dee Commission shall be composed of fifteen members who reside in counties which abut the Yadkin/Pee Dee River Basin as follows: (1) two members of the North Carolina House of Representatives, to be appointed by the Speaker of the North Carolina House of Representatives; (2) two members of the North Carolina Senate, to be appointed by the President Pro Tempore of the North Carolina Senate; (3) two members of the South Carolina House of Representatives, to be appointed by the Speaker of the South Carolina House of Representatives; (4) two members of the South Carolina Senate, to be appointed by the President of the South Carolina Senate; (5) one member from South Carolina representing a water or sewer municipal utility to be appointed by the South Carolina legislative members of the commission; (6) one member from South Carolina representing the agricultural community to be appointed by the South Carolina legislative members of the commission; (7) one person from a water or sewer municipal authority, appointed by the Governor of North Carolina; (8) the President of Progress Energy or his designee; (9) the President of Alcoa Power Generating, Incorporated (APGI) or his designee; (10) the President of Weyerhaeuser or his designee; (11) a representative of the land development industry, whose organization does business within the Yadkin/Pee Dee River Basin and who shall be appointed by the chairman of the commission. (C) The legislative members of the commission may appoint as they consider necessary additional members to the commission to serve as advisory members. (D) State legislative members appointed to the commission shall serve ex officio and shall have terms coterminous with their terms of office. All other members shall serve for a period of two years. Appointments to fill vacancies must be made for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointment. Effect of Amendment 2019 Act No. 1, SECTION 55, in (A), in (4) and (11), substituted "President of the South Carolina Senate" for "President Pro Tempore of the South Carolina Senate"; and in (B)(4), substituted "President of the South Carolina Senate" for "President Pro Tempore of the South Carolina Senate".
S.C. Code Ann. § 44-61-760 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-760
SECTION 44-61-760. Relationship to Emergency Management Assistance Compact.
Status: in_force

Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.
S.C. Code Ann. § 44-53-1910 — SC Code / Title 44 / Chapter 53 / Article 19 / Section 44-53-1910
SECTION 44-53-1910. Definitions.
Status: in_force

As used in this article: (1) "Controlled substance" has the same meaning as provided in Section 44-53-110. (2) "Drug or alcohol-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, alcohol, or another substance with which a controlled substance or alcohol was combined, that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance. (3) "Seeks medical assistance" means seeking medical assistance by contacting the 911 system, a law enforcement officer, or emergency services personnel.
S.C. Code Ann. § 44-77-30 — SC Code / Title 44 / Chapter 77 / Section 44-77-30
SECTION 44-77-30. When life-sustaining procedures may be withheld.
Status: in_force

If a person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50, whether executed before or after an amendment is made to the form, and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40, and the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician. A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least ninety consecutive days, or at any time if the declarant has experienced massive destruction or atrophy of the cortex as evidenced by neurodiagnostic studies or gross inspection of the brain, or some other characteristic of the declarant's condition allows a diagnosis of permanent unconsciousness to be made with a high degree of medical certainty. All patients with life-threatening conditions that are diagnosed as terminal or in a state of permanent unconsciousness must be administered active treatment for at least six hours following the diagnosis before the physician may give effect to a declaration.
S.C. Code Ann. § 44-53-350 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-350
SECTION 44-53-350. Order forms for distribution of controlled substances.
Status: in_force

(a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form prescribed by the Department. Compliance with the provisions of Federal law respecting order forms shall be deemed compliance with this section. (b) Nothing contained in subsection (a) shall apply: (1) To the administering or dispensing of such substances to a patient by a practitioner in the course of his professional practice, however, such practitioner shall comply with the requirements of Section 44-53-340; (2) To the distribution or dispensing of such substances by a pharmacist to an ultimate user pursuant to a written prescription issued by a practitioner authorized to issue such prescription, however, such pharmacist shall comply with the requirements of Section 44-53-340.
S.C. Code Ann. § 44-7-3410 — SC Code / Title 44 / Chapter 7 / Article 27 / Section 44-7-3410
SECTION 44-7-3410. Citation of article.
Status: in_force

This article may be cited as the "Lewis Blackman Hospital Patient Safety Act".
S.C. Code Ann. § 44-48-40 — SC Code / Title 44 / Chapter 48 / Section 44-48-40
SECTION 44-48-40. Notification to team, victim and Attorney General regarding release, hearing or parole; effective date of parole or release; immunity.
Status: in_force

(A) If a person has been convicted of a sexually violent offense, the agency with jurisdiction must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least two hundred seventy days before: (1) the person's anticipated release from total confinement, except that in the case of a person who is returned to prison for no more than two hundred seventy days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison; (2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430; (3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or (4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20. (B) If a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release or supervised reentry, then the parole, conditional release, or supervised reentry must be granted to be effective one hundred eighty days after the date of the order of parole, conditional release, or supervised reentry. The Board of Probation, Parole and Pardon Services, the Board of Juvenile Parole, or the South Carolina Department of Corrections immediately must send notice of the parole, conditional release, or supervised reentry of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, then the person is subject to the provisions of this chapter even though the person has been released on parole, conditional release, or supervised reentry. If at any time the person is determined to not be a sexually violent predator pursuant to this chapter, then the person shall be released pursuant to the order granting parole, or the order for conditional release or supervised reentry. (C) The agency with jurisdiction must inform the multidisciplinary team, the victim, and the Attorney General of: (1) the person's name, identifying factors, anticipated future residence, and offense history; and (2) documentation of institutional adjustment and any treatment received. (D) The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act. Effect of Amendment 2023 Act No. 19, SECTION 3, rewrote (B).
S.C. Code Ann. § 44-96-450 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-450
SECTION 44-96-450. Violations; penalties.
Status: in_force

(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, or the department may bring civil action for injunctive relief in the appropriate court, or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties established by regulation, not to exceed ten thousand dollars for each day of violation, for violations of the provisions of this article, including any order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the court of common pleas. (B) A person who wilfully violates any provision of this article, or a regulation promulgated pursuant to this article, is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment shall be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of this subsection shall not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility. (C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, or requirement established under this article constitutes a separate offense.
S.C. Code Ann. § 44-115-100 — SC Code / Title 44 / Chapter 115 / Section 44-115-100
SECTION 44-115-100. Sections 44-115-80 and 44-115-90 not applicable to requests for information made in relation to health insurance claims.
Status: in_force

The provisions of Sections 44-115-80 and 44-115-90 do not apply to requests for medical information necessary to process a health insurance claim made by a patient or on behalf of the patient by a health insurance carrier or health insurance administrator for services rendered by the physician from whom the information is requested.
S.C. Code Ann. § 44-25-10 — SC Code / Title 44 / Chapter 25 / Section 44-25-10
SECTION 44-25-10. Compact enacted into law.
Status: in_force

The Interstate Compact on Mental Health as set out in Section 44-25-20 is enacted into law and entered into by this State with all other states legally joining therein.
S.C. Code Ann. § 44-44-140 — SC Code / Title 44 / Chapter 44 / Section 44-44-140
SECTION 44-44-140. Confidentiality; immunity of entities providing information; access records; penalty; parental access.
Status: in_force

(A) All birth defects information collected by the department in the birth defects program is confidential and must be used solely for the purposes provided in this chapter. (B) The department shall maintain confidentiality in regard to: (1) data ascertainment; (2) data and record retention; (3) epidemiological study and reporting; (4) research uses; (5) referral for services for children and families; (6) identifying data obtained from health and medical records; and (7) data obtained from any source for any other use. (C) An entity required to provide information to the department pursuant to Section 44-44-80 is not subject to liability for providing access and information or use and disclosure of protected health information. This access and reporting may not be considered a waiver, breach, or violation of a confidential relationship. (D) Any use and disclosure of birth defects information must be governed by applicable confidentiality procedures of the department, using written confidentiality agreements and applicable laws. Information that is disclosed must be used only for purposes approved by the department. (E) The program shall keep an accurate record of all persons allowed access to birth defects information for research or other authorized purposes. Records are not required to be kept on information shared with providers or families pursuant to the referral for services procedures in Section 44-44-130 and on data provided pursuant to Section 44-44-110 or Section 44-44-120. Records of access must be retained for six years and open to public inspection. Persons allowed access to data must be required to sign and maintain confidentiality agreements. (F) A person who violates any of the confidentiality provisions of this chapter or an agreement entered into pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days. (G) Nothing in this section prohibits publication of reports and statistical compilations without identifying information. (H) A child's parent or legal guardian who wants to review information concerning their child from the birth defects information system may request access to their child's information from the department. The department shall disclose and discuss the database information and the nature of all uses of this information with the parent. A parent may request in writing, on a form provided by the department, removal of this information from the system and the child's data must be deleted. To the extent that an individual child's information may have been included in aggregate releases, that information must not be deleted.
S.C. Code Ann. § 44-43-1530 — SC Code / Title 44 / Chapter 43 / Article 15 / Section 44-43-1530
SECTION 44-43-1530. Individuals with disabilities; organ transplant process; requirements and prohibited conduct for covered entities.
Status: in_force

(A) The provisions of this section apply to all stages of the organ transplant process. (B) A covered entity must not, solely on the basis of an individual's disability: (1) consider the individual ineligible to receive an anatomical gift or organ transplant; (2) deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and postoperative treatment and services; (3) refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant; (4) refuse to place a qualified recipient on an organ transplant waiting list; (5) place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability; or (6) refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including posttransplantation and posttransfusion care. (C) Notwithstanding subsection (B), a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift. (D) If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, a covered entity may not consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant for the purposes of subsection (C). (E) A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, postoperative treatment, and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services. (F) A covered entity must take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, postoperative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. (G) Nothing in this section may be deemed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant. (H) A covered entity must otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended.
S.C. Code Ann. § 44-7-670 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-670
SECTION 44-7-670. Selection and terms of trustees.
Status: in_force

Should the majority of the qualified electors voting upon the question be in favor of such county, township, city or town hospital or tuberculosis camp, the county legislative delegation of such county shall proceed to appoint not more than seven nor less than three trustees to be chosen from citizens at large with reference to their fitness for such office, part of whom may be women, and all residents of the county, township, city or town, who shall constitute the trustees for such hospital or tuberculosis camp. The trustees shall hold their offices for two years or until their successors shall be appointed. Provided, that in Allendale County there may be appointed not more than nine trustees.
S.C. Code Ann. § 44-2-140 — SC Code / Title 44 / Chapter 2 / Section 44-2-140
SECTION 44-2-140. Enforcement of chapter or department order; penalties for violations.
Status: in_force

(A) Whenever the department finds that any person is in violation of any provision of this chapter, any regulation promulgated under this chapter, or prior order of the department, the department may issue an order requiring the person to comply with the provision, regulation, or prior order, or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. An order issued by the department or court may include civil penalties as provided for in this chapter. The department immediately may suspend an underground storage tank permit to operate or registration certificate or may order other action as may be necessary and proper when it is determined that the operation of the underground storage tank constitutes an imminent hazard to human health or the environment. Following immediate permit or registration certificate suspension, all dispensing from the underground storage tank upon which this action was taken shall cease and the owner or operator shall properly empty the tank. (B) Any person who violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is subject to a civil penalty not to exceed ten thousand dollars for each tank for each day of violation. (C) Any person who wilfully violates any provision of this chapter, any regulation promulgated hereunder, or any order of the department issued under subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars per day of violation or imprisoned for not more than one year or both.
S.C. Code Ann. § 44-31-310 — SC Code / Title 44 / Chapter 31 / Article 5 / Section 44-31-310
SECTION 44-31-310. County authorities shall provide separate cells, rooms, or places for tuberculous prisoners.
Status: in_force

The county supervisors and governing bodies of the respective counties shall provide in the jails or places of confinement where prisoners are committed for keeping or sentenced to a term of imprisonment separate cells, rooms or places in which shall be confined all prisoners who may be committed for keeping or sentenced to a term of imprisonment who are affected with tuberculosis.
S.C. Code Ann. § 44-7-30 — SC Code / Title 44 / Chapter 7 / Article 1 / Section 44-7-30
SECTION 44-7-30. Defrauding hospitals.
Status: in_force

Any person who shall: (1) At any hospital order and receive or cause to be furnished any food or accommodation based upon contract with intent to defraud the owner or proprietor of such hospital out of the value or price of such food or accommodation contract; (2) Obtain credit at any hospital by the use of any false pretense or device or by fraudulently depositing at such hospital any baggage or property of less value than the amount of such credit or of the bill by such person incurred, unless credit be given by express agreement; or (3) After obtaining creditor accommodation based upon contract at any hospital, surreptitiously remove his baggage or property therefrom; Shall be guilty of a misdemeanor. Proof (a) that lodging, food or other accommodation based upon contract was obtained by false pretense or by false or fictitious show or pretense of baggage, (b) that a person absconded without paying or offering to pay for such food, lodging or other accommodation based upon contract or (c) that a person surreptitiously removed or attempted to remove his baggage shall be prima facie proof of the fraudulent intent mentioned in this section. Any person convicted of violating the provisions of this section shall pay a fine of not more than fifty dollars or be imprisoned for not more than thirty days, in the discretion of the magistrate. The provisions of this section shall not include the fees of physicians and surgeons.
S.C. Code Ann. § 44-28-320 — SC Code / Title 44 / Chapter 28 / Article 3 / Section 44-28-320
SECTION 44-28-320. Source of monies for fund.
Status: in_force

The State Treasurer may accept for deposit in the Disability Trust Fund: (1) monies left to the Disability Trust Fund by donors of a self-sufficiency trust defined in Article 1 of this chapter at the death of the disabled beneficiary; and (2) bequests and contributions from private donors, corporations, or foundations.
S.C. Code Ann. § 44-7-1840 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1840
SECTION 44-7-1840. Meetings of board.
Status: in_force

The board shall meet upon the call of its chairman, but not less frequently than one time in each three calendar month period.
S.C. Code Ann. § 44-115-15 — SC Code / Title 44 / Chapter 115 / Section 44-115-15
SECTION 44-115-15. Medical records defined.
Status: in_force

For purposes of this chapter, "medical records" includes the patient's medical bills.
S.C. Code Ann. § 44-7-920 — SC Code / Title 44 / Chapter 7 / Article 7 / Section 44-7-920
SECTION 44-7-920. Petition and election on establishment and maintenance of hospital.
Status: in_force

Before any such city or town may establish and build a hospital under the terms of this article, a petition, signed by a majority of the freeholders of such municipality, shall be presented to the city council, setting forth the purpose thereof and the amount of the bonded indebtedness to be incurred, if any, with the request that the question of the establishment and maintenance of a municipal hospital be submitted to the qualified electors of such municipality, either in a special election called for that purpose or at the time of the regular election of city officials. Upon receipt of such petition, the city council may, by ordinance or resolution setting forth the purposes of the election, the amount of the proposed bonded indebtedness to be incurred, if any, and any other pertinent facts, order an election for that purpose, first giving at least thirty days' notice of such election before the holding thereof, with the question or questions to be submitted, in one or more newspapers published in such city or town, if one be published therein and, if not, then in the newspaper published nearest to such city or town and having general circulation therein, and posting notices of the election in three conspicuous places in such city or town. Such election shall be held at the usual place or places in such city or town according to the law governing municipal elections therein, and the votes shall be canvassed and the results declared in the same manner as in the election of officers for such municipality.
S.C. Code Ann. § 44-1-280 — SC Code / Title 44 / Chapter 1 / Section 44-1-280
SECTION 44-1-280. Coordination with First Steps to School Readiness initiative.
Status: repealed

The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels. Editor's Note 2016 Act No. 284, SECTION 117.128, provides as follows: "117.128. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2016-17." 2017 Act No. 97, SECTION 117.119, provides: "117.119. (GP: First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to School Readiness Act, as amended by Act 287 of 2014 is reauthorized for the duration of Fiscal Year 2017-18." 2018 Act No. 152, SECTION 8, provides as follows: "SECTION 8. Section 20B. of Act 287 of 2014 [reauthorizing the South Carolina First Steps to School Readiness Act until July 1, 2016] is repealed. Act 99 of 1999, South Carolina First Steps to School Readiness Act, as amended by this act, is reauthorized until June 30, 2025."
S.C. Code Ann. § 44-53-1620 — SC Code / Title 44 / Chapter 53 / Article 15 / Section 44-53-1620
SECTION 44-53-1620. Purpose.
Status: in_force

This article is intended to improve the state's ability to identify and stop diversion of prescription drugs in an efficient and cost effective manner that will not impede the appropriate medical utilization of licit controlled substances.
S.C. Code Ann. § 44-28-60 — SC Code / Title 44 / Chapter 28 / Article 1 / Section 44-28-60
SECTION 44-28-60. Money not usable for supplemental care and treatment to be returned to depositing trust; interest.
Status: in_force

If the State Treasurer after consultation with the Office of Intellectual and Developmental Disabilities, the Office of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-6-50 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-50
SECTION 44-6-50. Contracts with other agencies; program monitoring.
Status: in_force

In carrying out the duties provided for in Section 44-6-30 the department shall: (1) Contract for health and human services eligibility determination with performance standards regarding quality control as required by law or regulation. (2) Contract for operation of certified Medicaid management information claims processing system. In reliance upon the prior notification published by the National Association of State Procurement Officials (NASPO) for any multi-state solicitation it issues, the Department of Health and Human Services or a successor agency is authorized to award contracts and procure Medicaid systems and services using competitively solicited NASPO ValuePoint Master Cooperative Purchasing Agreements. Sections 11-35-1520(3) and 11-35-4810(4) are not applicable. (3) Contract for other operational components of programs administered under this chapter as considered appropriate. (4) Monitor and evaluate all contractual services authorized pursuant to this chapter to assure effective performance. Any contract entered into under the provisions of this chapter must be in accordance with the provisions of the South Carolina Consolidated Procurement Code. (5) Establish a procedure whereby inquiries from members of the General Assembly concerning the department's work and responsibility shall be answered as expeditiously and definitely as possible. Effect of Amendment 2024 Act No. 185, SECTION 1, in (2), rewrote the second sentence.
S.C. Code Ann. § 44-7-1630 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1630
SECTION 44-7-1630. Provision for daily charge on persons using hospital.
Status: in_force

Any loan agreement may contain a provision whereby the hospital agency or public agency agrees to impose a daily charge upon persons using the hospital facilities financed out of the bond proceeds (or any other hospital facilities owned or operated by the hospital agency or public agency) in an amount sufficient to produce revenues adequate to discharge the obligation of the hospital agency or public agency under the loan agreement; and further, that in the event the hospital agency or public agency shall fail to impose such daily room charge at the request of the county or its assignee, then and in that event the county or its assignee may proceed to compel by specific performance the imposition and collection of such a daily room charge and the use of the revenues derived therefrom to discharge the obligations of the hospital agency or public agency under the loan agreement.
S.C. Code Ann. § 44-43-460 — SC Code / Title 44 / Chapter 43 / Article 6 / Section 44-43-460
SECTION 44-43-460. When individual is deemed to be dead; standards applicable to determination.
Status: in_force

An individual who has sustained irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
S.C. Code Ann. § 44-61-50 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-50
SECTION 44-61-50. Ambulance permits.
Status: in_force

A vehicle must not be operated as an ambulance, unless its licensed owner applies for and receives an ambulance permit issued by the department for that vehicle. Prior to issuing an original permit for an ambulance, the vehicle for which the permit is issued shall meet all requirements as to vehicle design, construction, staffing, medical and communication equipment and supplies, and sanitation as set forth in this article or in the standards and regulations promulgated by the board. Absent revocation or suspension, permits issued for ambulances are valid for a period not to exceed two years.
S.C. Code Ann. § 44-41-32 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-32
SECTION 44-41-32. Petitioning court for right to obtain abortion without consent of parent or legal guardian.
Status: in_force

Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1). In seeking this relief the following procedures apply: (1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor. (2) The Adoption and Birth Parent Services Division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance. (3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request. (4) All proceedings pursuant to this section must be given precedence over other matters pending before the court. (5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor.
S.C. Code Ann. § 44-53-30 — SC Code / Title 44 / Chapter 53 / Article 1 / Section 44-53-30
SECTION 44-53-30. Persons selling certain articles to furnish samples for analysis.
Status: in_force

Every person offering or exposing for sale or delivering to a purchaser any drug or article of food or spirituous, fermented or malt liquor included under the provisions of Section 44-53-10, shall furnish to any analyst, or other officer or agent appointed hereunder who shall apply to him for the purpose and shall tender to him the value of the same, a sample sufficient for the purpose of analysis of any such drug, article of food or drink which is in his possession.
S.C. Code Ann. § 44-43-370 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-370
SECTION 44-43-370. Agreements or affiliations between hospitals and procurement organizations.
Status: in_force

Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
S.C. Code Ann. § 44-38-390 — SC Code / Title 44 / Chapter 38 / Article 3 / Section 44-38-390
SECTION 44-38-390. Article does not establish entitlement program or benefit.
Status: in_force

Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit.
S.C. Code Ann. § 44-7-88 — SC Code / Title 44 / Chapter 7 / Article 2 / Section 44-7-88
SECTION 44-7-88. Involuntary discharge or transfer of Medicaid nursing home patients prohibited; request for waiver of permit requirements.
Status: in_force

Nursing home patients may not be involuntarily discharged or transferred due to the Medicaid status. If no Medicaid patients are waiting for admission to the nursing home, or if for some other reason a nursing home anticipates the possibility that the home cannot satisfy the Medicaid nursing home permit requirements, the home may request a waiver of the Medicaid permit requirements from the department.
S.C. Code Ann. § 44-20-10 — SC Code / Title 44 / Chapter 20 / Article 1 / Section 44-20-10
SECTION 44-20-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act".
S.C. Code Ann. § 44-7-3440 — SC Code / Title 44 / Chapter 7 / Article 27 / Section 44-7-3440
SECTION 44-7-3440. Written information to be provided to patient.
Status: in_force

Except in emergency admissions, a hospital shall provide to each patient prior to, or at the time of the patient's admission to the hospital for inpatient care or outpatient surgery, written information describing the general role of clinical trainees, medical students, interns, and resident physicians in patient care. The written information must also notify the patient that the attending physician is the person responsible for the patient's care while the patient is in the hospital and that the patient's attending physician may change during the patient's hospitalization depending on the type of care or services required for the patient. The written information must also contain the information described in Section 44-7-3450. The written material must also state generally whether medical students, interns, or resident physicians may be participating in a patient's care, may be making treatment decisions for the patient, or may be participating in or performing, in whole or in part, any surgery on the patient. This document must be separate from the general consent for treatment.
S.C. Code Ann. § 44-54-140 — SC Code / Title 44 / Chapter 54 / Section 44-54-140
SECTION 44-54-140. Continuance pending completion of criminal investigation.
Status: in_force

On motion by a governmental entity involved in an investigation or prosecution involving an illegal controlled substance, an action brought under this chapter shall be continued until the completion of the criminal investigation or prosecution that gave rise to the motion for a continuance of the action.
S.C. Code Ann. § 44-53-430 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-430
SECTION 44-53-430. Appeals from orders of Department.
Status: in_force

Any person may appeal from any order of the Department within thirty days after the filing of the order, to the court of common pleas of the county in which the aggrieved party resides or in which his place of business is located. The Department shall thereupon certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the order, on the merits, and render judgment thereon as in ordinary appeals in equity. The court may order or permit further testimony on the merits of the case, in its discretion such testimony to be given either before the judge or referee by him appointed. From such judgment of the court an appeal may be taken as in other civil actions.
S.C. Code Ann. § 44-10-80 — SC Code / Title 44 / Chapter 10 / Section 44-10-80
SECTION 44-10-80. Interstate Advisory Health Care Commission.
Status: in_force

(A) The Interstate Advisory Health Care Commission is established. The commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than two members to the commission and may withdraw membership from the commission at any time. Each commission member is entitled to one vote. The commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the commission's total membership. (B) The commission may elect from among its membership a chairman. The commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The commission shall meet at least once a year and may meet more frequently. (C) The commission may study issues of health care regulation that are of particular concern to the member states. The commission may make nonbinding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states. (D) The commission shall collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the prices of health care. The commission shall make this information and data available to the legislatures of the member states. Notwithstanding any other provision in this compact, no member state shall disclose to the commission the health information of any individual, nor shall the commission disclose the health information of any individual. (E) The commission shall be funded by the member states as agreed to by the member states. The commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the member states in accordance with the terms of this compact. (F) The commission shall not take any action within a member state that contravenes any state law of that member state.
S.C. Code Ann. § 44-5-80 — SC Code / Title 44 / Chapter 5 / Section 44-5-80
SECTION 44-5-80. Charge for cost of reproduction and handling of plans.
Status: in_force

The state agency may levy a charge to cover costs of reproduction and handling to parties receiving copies of plans developed pursuant to this chapter.
S.C. Code Ann. § 44-70-10 — SC Code / Title 44 / Chapter 70 / Section 44-70-10
SECTION 44-70-10. Short title.
Status: in_force

This chapter may be cited as the "Licensure of In-Home Care Providers Act".
S.C. Code Ann. § 44-4-300 — SC Code / Title 44 / Chapter 4 / Article 3 / Section 44-4-300
SECTION 44-4-300. Powers over dangerous facilities and materials.
Status: in_force

After the declaration of a state of public health emergency, DHEC may exercise, in coordination with state agencies, local governments, and other organizations responsible for implementation of the emergency support functions in the State Emergency Operations Plan for handling dangerous facilities and materials, for such period as the state of public health emergency exists, the following powers over dangerous facilities or materials: (1) to close, direct and compel the evacuation of, or to decontaminate or cause to be decontaminated, any facility of which there is reasonable cause to believe that it may endanger the public health; and (2) to decontaminate or cause to be decontaminated, any material of which there is reasonable cause to believe that it may endanger the public health.
S.C. Code Ann. § 44-61-530 — SC Code / Title 44 / Chapter 61 / Article 5 / Section 44-61-530
SECTION 44-61-530. Trauma Advisory Council; membership.
Status: in_force

(A) There is established the Trauma Advisory Council composed of, but not limited to, the following members to be appointed by the director of the department for terms of three years and members may be reappointed: (1) a surgeon who oversees trauma care at each designated level, upon the recommendation of the South Carolina Chapter of the American College of Surgeons; (2) a hospital administrator from each designated level, upon the recommendation of the South Carolina Hospital Association; (3) a hospital administrator from a nondesignated facility, upon the recommendation of the South Carolina Hospital Association; (4) an emergency physician representative from each designated level, upon the recommendation of the South Carolina Chapter of the College of Emergency Physicians; (5) a trauma nurse coordinator from each designated level, upon the recommendation of the Trauma Association of South Carolina; (6) the chairman of the South Carolina Department of Health and Environmental Control's Medical Control Committee; (7) one public and one private field emergency medical services provider, upon the recommendation of the Emergency Medical Services Association; (8) a physician, upon the recommendation of the South Carolina Medical Association; (9) the chairman of the Committee on Trauma of the South Carolina Chapter of the American College of Surgeons; (10) a rehabilitation center administrator, upon the recommendation of the South Carolina Hospital Association; (11) the chairman of the Emergency Medical Services Advisory Council of the South Carolina Department of Health and Environmental Control; (12) a representative from the South Carolina State Office of Rural Health; (13) a third party payor representative, upon the recommendation of the Insurance Commissioner; (14) a consumer representative appointed by the director; (15) a representative from the Office of Intellectual and Related Disabilities; (16) a representative from the South Carolina Department of Health and Human Services; (17) an orthopedic physician representative, upon the recommendation of the South Carolina Orthopedic Association; and (18) a pediatric physician representative, upon the recommendation of the South Carolina Chapter of the American Academy of Pediatrics. (B) The Chairman of the Trauma Advisory Council must be appointed by the director of the department from the membership of the council. The council members shall select a vice chairman from their membership. The council shall meet at least twice a year or at the call of the chairman. The council is authorized to create an executive committee made up of the chairman and vice chairman and no more than five other members from the membership of the council. The department's Emergency Medical Services Division shall provide staff support to the council. (C) The Trauma Advisory Council shall act as an advisory body for trauma care system development and provide technical support to the department in areas of trauma care system design, trauma standards, data collection and evaluation, quality improvement, trauma system funding, and evaluation of the trauma care system and trauma care programs. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-6-132 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-132
SECTION 44-6-132. Legislative findings and intent.
Status: in_force

The General Assembly finds that: (1) There are citizens who cannot afford to pay for hospital care because of inadequate financial resources or catastrophic medical expenses. (2) Rising health care costs and the growth of the medically indigent population have increased the strains on the health care system with a growing burden on the hospital industry, health insurance companies, and paying patients. (3) This burden has affected businesses, which are large purchasers of health care services through employee insurance benefits, and taxpayers in counties which support public hospitals, and it causes the cost of services provided to paying patients to increase in a manner unrelated to the actual cost of services delivered to them. (4) Hospitals which provide the bulk of unreimbursed services cannot compete economically with hospitals which provide relatively little care to indigent persons. (5) Because of the complexity of the health care system, any effort to resolve the problem of paying for care for medically indigent persons must be multifaceted and shall include at least four general principles: (a) Funds must be made available to assure continued access to quality health care for medically indigent patients. (b) Cost containment measures and competitive incentives must be placed into the health care system along with the additional funds. (c) The cost of providing indigent care must be equitably borne by the State, the counties, and the providers of care. (d) State residents must be guaranteed access to emergency medical care regardless of their ability to pay or county of residence. It is the intent of the General Assembly to: (1) assure care for the largest possible number of its medically indigent citizens within funds available by: (a) expanding the number of persons eligible for Medicaid services, using additional state and county funds to take advantage of matching federal funds; (b) creating a fund based on provider and local government contributions to provide medical assistance to those citizens who do not qualify for Medicaid or any other government assistance and who do not have the means to pay for hospital care; and (c) mandating access to emergency medical care for all state residents in need of the care; (2) Provide incentives for cost containment to providers of care to indigent patients by implementing a prospective payment system in the Medicaid and Medically Indigent Assistance Fund programs; (3) monitor efforts to foster competition in the health care market place while being prepared to make adjustments in the system through regulatory intervention if needed; (4) promote market reforms, as the single largest employer in the State, by structuring its health insurance program to encourage healthy lifestyles and prudent use of medical services; and (5) reduce where possible or maintain the current rate schedules of hospitals to keep costs from escalating.
S.C. Code Ann. § 44-55-290 — SC Code / Title 44 / Chapter 55 / Article 3 / Section 44-55-290
SECTION 44-55-290. Enforcement by local health inspectors or units.
Status: in_force

The Department of Health and Environmental Control shall designate as its agents local health inspectors of incorporated towns or cities for the enforcement of the terms of this article and the rules and regulations issued pursuant thereto within one mile outside the corporate limits of such town or city. Such local health inspectors shall enforce such rules and regulations as may be issued by the Department under the terms of this article. In counties having health units it shall be the duty of such health units to enforce the rules and regulations of the Department in the territory of such counties lying beyond the distance of one mile from the corporate limits of towns or cities having local health inspectors. Provided, that nothing herein shall affect the Richland County board of health from having concurrent jurisdiction with the designated local health inspectors to implement the rules and regulations within one mile of the boundary of a city or town.
S.C. Code Ann. § 44-53-1495 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1495
SECTION 44-53-1495. Funding contingency.
Status: in_force

The provisions of this article are contingent upon the appropriation of state general funds or the availability of financial support from other sources.
S.C. Code Ann. § 44-69-40 — SC Code / Title 44 / Chapter 69 / Section 44-69-40
SECTION 44-69-40. Application for license.
Status: in_force

A person desiring to obtain a license shall file with the Department an application on a form prescribed, prepared and furnished by the Department.
S.C. Code Ann. § 44-43-1370 — SC Code / Title 44 / Chapter 43 / Article 13 / Section 44-43-1370
SECTION 44-43-1370. Uses of resources.
Status: in_force

Funds credited to Donate Life South Carolina, excluding the administrative fees paid to the Department of Revenue, may be used for, but are not limited to: (1) administration of this article including, but not limited to, personnel and board expenses; (2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with LifePoint, Inc., and the United Network for Organ Sharing; (3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curriculums of the Medical University of South Carolina and the University of South Carolina, School of Medicine; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to Donate Life; (4) a reserve fund in an interest-bearing account with five percent of the funds received by Donate Life annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds may only be used in years in which donations do not meet the average normal operating cost incurred by Donate Life and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
S.C. Code Ann. § 44-26-220 — SC Code / Title 44 / Chapter 26 / Section 44-26-220
SECTION 44-26-220. Person making health care decision not subject to civil or criminal liability, nor liable for cost of care; health care provider not subject to civil or criminal liability or disciplinary penalty for relying on decision.
Status: in_force

(A) A person who in good faith makes a health care decision as provided in this chapter is not subjected to civil or criminal liability on account of the substance of the decision. (B) A person who consents to major medical treatment as provided in this chapter does not by virtue of that consent become liable for the costs of care provided to the client found incompetent to consent to or refuse treatment. (C) A health care provider who in good faith relies on a health care decision made by a client or as authorized by this chapter is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision. (D) This section does not affect a health care provider's liability arising from provision of care in a negligent manner.
S.C. Code Ann. § 44-53-582 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-582
SECTION 44-53-582. Return of monies used to purchase controlled substances.
Status: in_force

All monies used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation must be returned to the state or local agency or unit of government furnishing the monies upon a determination by the court that the monies were used by law enforcement officers or agents, in the line of duty, to purchase controlled substances during a criminal investigation. The court may order a defendant to return the monies to the state or local agency or unit of government at the time of sentencing.
S.C. Code Ann. § 44-6-530 — SC Code / Title 44 / Chapter 6 / Article 4 / Section 44-6-530
SECTION 44-6-530. Federal jurisdiction.
Status: in_force

Before instituting an action under this article, the Department of Health and Human Services shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction.
S.C. Code Ann. § 44-53-140 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-140
SECTION 44-53-140. Certain communications and observations privileged.
Status: in_force

Whenever a holder of the privilege shall seek counselling, treatment, or therapy for any drug problem from a confidant, no statement made by such holder and no observation or conclusion derived from such confidant shall be admissible against such holder in any proceeding. The results of any examination to determine the existence of illegal or prohibited drugs in a holder's body shall not be admissible in any proceeding against such holder. The privilege belongs to the holder and if he waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.
S.C. Code Ann. § 44-53-1310 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1310
SECTION 44-53-1310. Short title.
Status: in_force

This article may be cited as the "Childhood Lead Poisoning Prevention and Control Act".
S.C. Code Ann. § 44-24-70 — SC Code / Title 44 / Chapter 24 / Section 44-24-70
SECTION 44-24-70. Taking custody of child needing emergency admission.
Status: in_force

If a child in need of emergency admission cannot be examined by a licensed physician pursuant to Section 44-24-60 because his whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-24-60 shall execute an affidavit stating that he believes the child is in need of emergency admission. The grounds for the belief must be included and a statement that the usual procedure for examination cannot be followed and the reason. Upon presentation of the affidavit, the court may require a law enforcement officer to take the child into custody and transport him for an examination by a licensed physician as provided for in Section 44-24-60. If within the twenty-four hours the child is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided in Section 44-24-60, the proceedings must be terminated and the child immediately released. Otherwise, proceedings must be held pursuant to Section 44-24-60.
S.C. Code Ann. § 44-7-500 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-500
SECTION 44-7-500. Short title.
Status: in_force

This article may be known and cited as the "Health Care Cooperation Act".
S.C. Code Ann. § 44-53-220 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-220
SECTION 44-53-220. Tests for inclusion of substance in Schedule III.
Status: in_force

The Department shall place a substance in Schedule III if it finds that: (a) It has a potential for abuse less than the substances listed in Schedules I and II; (b) It has a currently accepted medical use in treatment in the United States; and (c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
S.C. Code Ann. § 44-7-1320 — SC Code / Title 44 / Chapter 7 / Article 9 / Section 44-7-1320
SECTION 44-7-1320. Officers, minutes, and annual reports.
Status: in_force

Any such commission shall select its chairman and secretary. Minutes of all its meetings shall be kept and be subject to the inspection of the city council or its representatives, and it shall submit reports to the city council annually or oftener if desired.
S.C. Code Ann. § 44-63-80 — SC Code / Title 44 / Chapter 63 / Section 44-63-80
SECTION 44-63-80. Certified copies of birth certificates; to whom issued; "South Carolina Family Respect" pamphlet to be included with certified copies.
Status: in_force

(A) Except as otherwise provided, certified copies of the original birth certificate or any new or amendatory certificate, exclusive of that portion containing confidential information, must be issued only by the state registrar and only to the registrant, if of legal age, his parent or guardian, or other legal representative, and upon request to the Department of Social Services or its designee for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation. The registrar shall include a copy of the pamphlet "South Carolina Family Respect", as provided in Section 20-1-720, when it mails or sends the certified copy of the birth certificate. However, the certified copy of the birth certificate may not disclose the name of the father in any illegitimate birth unless the name of the father is entered on the certificate pursuant to Section 44-63-163 or Section 44-63-165. (B) For purposes of this section and obtaining a birth certificate, the term "other legal representative" shall include: (1) a person or agency that has current legal custody of a registrant by any currently effective order of a court of competent jurisdiction, including a temporary order; (2) the Department of Social Services for any individual or registrant in foster care or its legal custody; (3) a caregiver, including a kinship caregiver, providing care to a child pursuant to any currently effective order of a court of competent jurisdiction, including a temporary order; (4) an attorney representing the registrant or, if the parent is listed on the registrant's birth certificate, the registrant's parent; (5) subject to the department's verification process, on behalf of a homeless child or youth served by them: (a) a director or designee of a South Carolina governmental agency or a nonprofit organization registered with the South Carolina Secretary of State's Office that receives public or private funding to provide services to the homeless; and (b) a South Carolina school district's McKinney-Vento liaison for homeless children or youth. (C) The Department of Social Services may obtain a birth certificate by requesting the certificate in writing pursuant to the terms of a written agreement that shall be entered into between the Department of Health and Environmental Control and the Department of Social Services, and no copies of court orders or other third-party records shall be required when the Department of Social Services requests a birth certificate pursuant to the written agreement. (D) When one hundred years have elapsed after the date of birth, these records must be made available in photographic or other suitable format for public viewing. Effect of Amendment 2022 Act No. 212, SECTION 1, inserted the (A) and (D) designators; in (A), deleted the fourth sentence, which related to the short form certificate or birth card being furnished only to the registrant, his parent or guardian, or other legal representative by the state or county registrar; and inserted (B) and (C).
S.C. Code Ann. § 44-77-90 — SC Code / Title 44 / Chapter 77 / Section 44-77-90
SECTION 44-77-90. Reliance on declaration; presumption of good faith; immunity from liability.
Status: in_force

After certification of a terminal condition or a state of permanent unconsciousness, any person who relies on a declaration which on its face appears to have been executed in accordance with the provisions of this chapter, of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life-sustaining procedures from the terminally ill or permanently unconscious patient who executed the declaration, is presumed to be acting in good faith. A physician who in good faith certifies that a patient's condition is terminal or that the patient is permanently unconscious is not subject to liability merely on account of certification. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life-sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases in which a physician deviates from standards of reasonable medical care in connection with the decision to withhold or withdraw.
S.C. Code Ann. § 44-55-1520 — SC Code / Title 44 / Chapter 55 / Article 17 / Section 44-55-1520
SECTION 44-55-1520. Damages in civil actions.
Status: in_force

In all cases of civil action in which the violation of any of the provisions of Section 44-55-1510 shall be pleaded, the limit of liability of the defendant shall be actual damages sustained by the plaintiff.
S.C. Code Ann. § 44-107-10 — SC Code / Title 44 / Chapter 107 / Section 44-107-10
SECTION 44-107-10. Short title.
Status: in_force

This chapter may be cited as "The Drug-free Workplace Act".
S.C. Code Ann. § 44-6-45 — SC Code / Title 44 / Chapter 6 / Article 1 / Section 44-6-45
SECTION 44-6-45. Authority of commission to collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to agency.
Status: in_force

The State Department of Health and Human Services may collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to the agency. The administrative fee may not exceed one and one-half percent of the amounts negotiated and must be remitted to the State Treasurer and deposited to the credit of the general fund of the State.
S.C. Code Ann. § 44-115-110 — SC Code / Title 44 / Chapter 115 / Section 44-115-110
SECTION 44-115-110. Payment for services related to medical records a just debt; payment in advance may be required.
Status: in_force

Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record.
S.C. Code Ann. § 44-7-230 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-230
SECTION 44-7-230. Limitation on Certificate of Need; capital expenditure; architectural plans; time limitation; Certificate of Need as not transferable.
Status: in_force

(A) The Certificate of Need, if issued, is valid only for the project described in the application including location, beds and services to be offered, physical plant, capital or operating costs, or other factors as set forth in the application, except as may be modified in accordance with regulations. The department shall require periodic reports and make inspections to determine compliance with the Certificate of Need. Implementation of the project or operation of the facility or medical equipment that is not in accordance with the Certificate of Need application or conditions subsequently agreed to by the applicant and the department may be considered a violation of this article. (B) In issuing a Certificate of Need, the department shall specify the maximum capital expenditure obligated under the certificate. The department shall prescribe the method used to determine capital expenditure maximums, establish procedures to monitor capital expenditures obligated under certificates, and establish procedures to review projects for which the capital expenditure maximum is exceeded or expected to be exceeded. (C) Prior to any construction authorized by a Certificate of Need, final drawings and specifications prepared by an architect or engineer legally registered under the laws of this State must be submitted to the department for approval. All construction must be completed in accordance with approved plans and specifications and prior approval must be obtained from the department for any changes that substantially alter the scope of work, function of construction, or major items of equipment, safety, or cost of the facility during construction. (D) A Certificate of Need is valid for one year from the date of issuance. A Certificate of Need must be issued with a timetable submitted by the applicant and approved by the department to be followed for completion of the project. The holder of the Certificate of Need shall submit periodic progress reports on meeting the timetable as may be required by the department. Failure to meet the timetable results in the revocation of the Certificate of Need by the department unless the department determines that extenuating circumstances beyond the control of the holder of the Certificate of Need are the cause of the delay. The department may grant two extensions of up to nine months each upon evidence that substantial progress has been made in accordance with procedures set forth in regulations. The board may grant further extensions of up to nine months each only if it determines that substantial progress has been made in accordance with the procedures set forth in regulations. (E) A Certificate of Need is nontransferable. A Certificate of Need or rights thereunder may not be sold, assigned, leased, transferred, mortgaged, pledged, or hypothecated, and any actual transfer or attempt to make a transfer of this sort results in the immediate voidance of the Certificate of Need. The sale or transfer of the controlling interest or majority ownership in a corporation, partnership, or other entity holding, either directly or indirectly, a Certificate of Need, results in the transfer and voidance of a Certificate of Need.
S.C. Code Ann. § 44-70-50 — SC Code / Title 44 / Chapter 70 / Section 44-70-50
SECTION 44-70-50. Prohibition on transfer or assignment of license; suspension or revocation.
Status: in_force

A license to operate as an in-home care provider is: (1) not transferable or assignable; and (2) subject to suspension or revocation for failure to comply with a provision of this chapter or regulations promulgated by the department.
S.C. Code Ann. § 44-89-90 — SC Code / Title 44 / Chapter 89 / Section 44-89-90
SECTION 44-89-90. Appeals.
Status: in_force

Any applicant or licensee who is aggrieved with a final decision of the department as a result of the hearing provided for by Section 44-85-80 may appeal to the appropriate court for judicial review pursuant to the Administrative Procedures Act.
S.C. Code Ann. § 44-49-310 — SC Code / Title 44 / Chapter 49 / Article 2 / Section 44-49-310
SECTION 44-49-310. Legislative findings.
Status: in_force

The General Assembly finds that a person suffering from an alcohol or substance use disorder has a higher success rate of achieving long-term recovery when given the opportunity to build a stronger foundation by living in recovery housing that meets nationally recognized quality standards. The General Assembly finds further that this State and its subdivisions have a legitimate state interest in protecting these persons, who represent a vulnerable consumer population in need of adequate housing. It is the intent of the General Assembly to protect persons who reside in recovery housing by creating a voluntary certification program for such recovery housing.
S.C. Code Ann. § 44-7-1620 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1620
SECTION 44-7-1620. Enforcement of rights by bondholders and trustees.
Status: in_force

Any holder of revenue bonds issued under the provisions of this article or any of the coupons appertaining thereto, and the trustee under any trust indenture, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust indenture securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution or trust indenture, and may enforce and compel the performance of all duties required by this article or by such resolution or trust indenture to be performed by any county board or by any officer, employee or agent.
S.C. Code Ann. § 44-5-50 — SC Code / Title 44 / Chapter 5 / Section 44-5-50
SECTION 44-5-50. Statewide health coordinating council.
Status: in_force

The Governor shall appoint a statewide health coordinating council to perform functions in compliance with provisions of the federal act for SHCC.
S.C. Code Ann. § 44-6-1135 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1135
SECTION 44-6-1135. Return of funds under certain circumstances.
Status: in_force

If the Centers for Medicare and Medicaid Services does not authorize or withdraws approval of the Medicaid payments made to ambulance services in accordance with Section 44-6-1130, all monies in the fund described in Section 44-6-1120 shall be returned to ambulance services. If the department no longer collects the fee described in Section 44-6-1115, all monies in the fund described in Section 44-6-1120 shall be returned to ambulance services.
S.C. Code Ann. § 44-53-445 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-445
SECTION 44-53-445. Distribution of controlled substance within proximity of school.
Status: in_force

(A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. (B) For a person to be convicted of an offense pursuant to subsection (A), the person must: (1) have knowledge that he is in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university; and (2) actually distribute, sell, purchase, manufacture, or unlawfully possess with intent to distribute, the controlled substance within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. (C) A person must not be convicted of an offense pursuant to subsection (A) if the person is stopped by a law enforcement officer for the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university, but did not actually commit the controlled substance offense within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. (D)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. (2) When a violation involves only the purchase of a controlled substance, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. (E) For the purpose of creating inferences of intent to distribute, the inferences set out in Sections 44-53-370 and 44-53-375 apply to criminal prosecutions under this section. 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. § 44-4-330 — SC Code / Title 44 / Chapter 4 / Article 3 / Section 44-4-330
SECTION 44-4-330. Purchase and distribution of pharmaceutical agents or medical supplies; rationing and quotas.
Status: in_force

(A) After the declaration of a public health emergency, DHEC may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that it considers advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization. (B)(1) If a state of public health emergency results in a statewide or regional shortage or threatened shortage of any product covered by subsection (a), whether or not such product has been purchased by DHEC, DHEC may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the health, safety, and welfare of the people of the State. In making rationing or other supply and distribution decisions, DHEC must give preference to health care providers, disaster response personnel, and mortuary staff. (2) During a state of public health emergency, DHEC may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof. (3) If a public health emergency simultaneously affects more than one state, nothing in this section shall be construed to allow DHEC to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing their fair and equitable distribution among affected states.
S.C. Code Ann. § 44-38-60 — SC Code / Title 44 / Chapter 38 / Article 1 / Section 44-38-60
SECTION 44-38-60. Confidentiality of reports and records; nondisclosure under Freedom of Information Act.
Status: in_force

(A) All reports and records made pursuant to this article and maintained by the system, any agency, hospital, institution, other facility, or person pursuant to this article are confidential and may not be disclosed under the Freedom of Information Act. Information must not be released except to: (1) appropriate staff of the system; (2) submitting hospitals or their designees; (3) a person engaged in a research project approved pursuant to Section 44-38-50 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section; (4) a member of the council except that no information identifying a subject of a report or a reporter may be made to the council unless consent is obtained pursuant to this section. (B) The identity of a patient, physician, or hospital is confidential and may not be released, except that the identity of a patient may be released upon informed written consent of the patient, or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.
S.C. Code Ann. § 44-7-1810 — SC Code / Title 44 / Chapter 7 / Article 13 / Section 44-7-1810
SECTION 44-7-1810. Creation of Pee Dee Regional Health Services District.
Status: in_force

There is hereby created a body politic and corporate to be known as the Pee Dee Regional Health Services District composed of the counties of Chesterfield, Darlington, Dillon, Florence, Marion and Marlboro (hereinafter called the district) with an office in or near the city of Florence in Florence County as determined by the board.
S.C. Code Ann. § 44-55-2350 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2350
SECTION 44-55-2350. Permit fees.
Status: in_force

The department may establish and collect fees for the construction permits and the annual operating permits required by Section 44-55-2340 unless prohibited by the General Assembly.
S.C. Code Ann. § 44-43-950 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-950
SECTION 44-43-950. Consent.
Status: in_force

As provided in Section 44-43-340, persons in the stated order of priority may give consent for organ or tissue donation.
S.C. Code Ann. § 44-53-260 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-260
SECTION 44-53-260. Tests for inclusion of substance in Schedule V.
Status: in_force

The Department shall place a substance in Schedule V if it finds that: (a) It has a low potential for abuse relative to the substances listed in Schedule IV; (b) It has a currently accepted medical use in treatment in the United States; and (c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule IV.
S.C. Code Ann. § 44-55-230 — SC Code / Title 44 / Chapter 55 / Article 3 / Section 44-55-230
SECTION 44-55-230. Privies must be maintained in sanitary manner.
Status: in_force

Every privy, located on property occupied by the owner or a tenant or by any person employed by the owner, shall be maintained in a sanitary manner and in accordance with rules and regulations prescribed by the Department of Health and Environmental Control and posted in a suitable form inside of the privy by an officer of the Department.
S.C. Code Ann. § 44-53-620 — SC Code / Title 44 / Chapter 53 / Article 4 / Section 44-53-620
SECTION 44-53-620. Definitions.
Status: in_force

As used in this article unless the context clearly indicates otherwise: (a) "Director" means the Director of the Department of Health and Environmental Control; (b) "Marijuana" means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol; (c) "Practitioner" means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the 1976 Code.
S.C. Code Ann. § 44-35-40 — SC Code / Title 44 / Chapter 35 / Section 44-35-40
SECTION 44-35-40. Confidentiality; data release protocol.
Status: in_force

Information that could identify the cancer patient must be kept strictly confidential in accordance with the administrative policy of the Department of Health and Environmental Control. This information must not be open for inspection except by the individual patient or the patient's authorized representative. Procedures for the disclosure of confidential information to researchers for the purposes of cancer prevention, control, and research must be promulgated in regulations. The data release protocol developed in coordination with the Revenue and Fiscal Affairs Office, must be utilized by the registry to determine appropriate use and release of cancer registry data. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, SECTION 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
S.C. Code Ann. § 44-53-740 — SC Code / Title 44 / Chapter 53 / Article 5 / Section 44-53-740
SECTION 44-53-740. Promulgation of rules and regulations.
Status: in_force

The Board of the Department of Health and Environmental Control shall promulgate regulations necessary to carry out the provisions of this article.
S.C. Code Ann. § 44-49-80 — SC Code / Title 44 / Chapter 49 / Article 1 / Section 44-49-80
SECTION 44-49-80. Establishment of drug abuse treatment program.
Status: in_force

The Office of Substance Use Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for the public schools of the State. The office shall provide staff and support necessary to administer the program. Funds for this program must be annually appropriated by the General Assembly from the Education Improvement Act of 1984 Fund as it determines appropriate. The appropriated funds must be forwarded to the Department of Behavioral Health and Developmental Disabilities from the Education Improvement Act of 1984 Fund in the manner the State Treasurer shall direct. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-6-650 — SC Code / Title 44 / Chapter 6 / Article 5 / Section 44-6-650
SECTION 44-6-650. Eligibility; benefits.
Status: in_force

(A) To be eligible to enroll in this program a person must: (1) have attained the age of sixty-five years; (2) be a resident of this State; (3) be enrolled in a GAPS participating Medicare Part D Drug Plan; (4) satisfy annual income, resources, and other criteria established by the department; (5) pay the enrollment fee, if any, as established by the department. (B) An enrollee is entitled to benefits under this program during the coverage gap when the enrollee's annual prescription drug costs have reached the point that standard Medicare Part D benefits are no longer available. The GAPS benefits terminate when the enrollee's annual out-of-pocket prescription drug expenses have reached the point that catastrophic Medicare Part D benefits become available.
S.C. Code Ann. § 44-55-2320 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2320
SECTION 44-55-2320. Definitions.
Status: in_force

As used in this article: (1) "Board" means the Board of Health and Environmental Control. (2) "Director" means the director of the department or his authorized agent. (3) "Department" means the Department of Health and Environmental Control. (4) "Person" means an individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity. "Person" does not mean a church, synagogue, or religious organization. (5) "Public swimming pool" means an artificial structure used to impound water to provide for such recreational uses as bathing, swimming, diving, wading, spraying, sliding, floating, rafting, or other similar usage which is not built in connection with a single family residence and the use of which is not confined to the family of the residence and its private guests, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization.
S.C. Code Ann. § 44-29-60 — SC Code / Title 44 / Chapter 29 / Section 44-29-60
SECTION 44-29-60. Sexually transmitted diseases declared dangerous to public health; infection of another with sexually transmitted disease.
Status: in_force

Sexually transmitted diseases which are included in the annual Department of Health and Environmental Control List of Reportable Diseases are declared to be contagious, infectious, communicable, and dangerous to the public health. Sexually transmitted diseases include all venereal diseases. It is unlawful for anyone infected with these diseases to knowingly expose another to infection.
S.C. Code Ann. § 44-7-2530 — SC Code / Title 44 / Chapter 7 / Article 21 / Section 44-7-2530
SECTION 44-7-2530. Duties of department; role of other publicly funded agencies.
Status: in_force

(A) The department must: (1) monitor programs and activities to ensure compliance with federal law and regulations; (2) identify, facilitate, and coordinate all available resources within the State from federal, state, local, and private sources; (3) develop procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies or service providers; (4) develop procedures to ensure resolution of intraagency and interagency disputes; (5) develop formal interagency agreements that, consistent with state law, define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes. (B) To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department shall assign financial responsibility among agencies providing early intervention services. (C) All publicly funded agencies shall continue to provide all services within their respective statutory responsibility to eligible infants and toddlers with disabilities.
S.C. Code Ann. § 44-135-100 — SC Code / Title 44 / Chapter 135 / Section 44-135-100
SECTION 44-135-100. Effect of meeting procedural requirements of act on insurance eligibility or cost.
Status: in_force

An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract.
S.C. Code Ann. § 44-15-50 — SC Code / Title 44 / Chapter 15 / Section 44-15-50
SECTION 44-15-50. Grants for mental health services.
Status: in_force

Grants may be made for expenditures for mental health services whether provided by operation of a local facility or through contract with other public or private agencies or individual persons.
S.C. Code Ann. § 44-96-110 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-110
SECTION 44-96-110. Establishment of the Office of Solid Waste Reduction and Recycling.
Status: in_force

(A) Ninety days after this chapter is effective there shall be established within the department an Office of Solid Waste Reduction and Recycling which shall promote and assist in the development of source separation, recovery, and recycling programs for local governments and for private entities under a contractual agreement with local governments or state-supported institutions. The Office of Solid Waste Reduction and Recycling shall be separate from, and shall not participate in, any of the regulatory functions of the department with regard to solid waste management. (B) The Office of Solid Waste Reduction and Recycling shall have the following duties and responsibilities: (1) receive funds for and disburse funds from the Solid Waste Management Trust Fund established in Section 44-96-120; (2) manage the Solid Waste Management Grant Program established in Section 44-96-130; (3) promote and assist in the development of solid waste reduction, source separation, recycling, household hazardous materials management programs, and resource recovery programs; (4) maintain a directory of recycling and resource recovery systems in the State and provide assistance in matching recovered materials with markets; (5) provide for the education of the general public and the training of solid waste management professionals to encourage recycling and solid waste reduction; (6) develop descriptive literature to educate local governments on solid waste reduction and recycling issues. (C) The Office of Solid Waste Reduction and Recycling shall develop guidelines for the establishment and implementation of recycling education grants to school districts and public and private schools to establish waste reduction and recycling education programs. The office shall develop guidelines for the establishment and implementation of recycling education grants to public and private colleges and universities to establish waste reduction and recycling education programs and demonstration projects. The office shall notify the superintendent of each school district and each public and private school and public and private college and university of the existence of the grant programs and provide information on how to apply for the program. Upon request of the school, the office shall provide technical assistance. The office shall determine the number of grant projects that may be feasibly initiated in a single calendar year. The office, in consultation with the Department of Education, also shall develop and make available to public and private schools, upon request, curriculum materials and resource guides for recycling awareness programs for instruction at the elementary, middle, and high school levels.
S.C. Code Ann. § 44-38-620 — SC Code / Title 44 / Chapter 38 / Article 6 / Section 44-38-620
SECTION 44-38-620. Duties of the council.
Status: in_force

The South Carolina Brain Injury Leadership Council shall: (1) advise and make recommendations to the State on ways to improve services coordination regarding traumatic brain injury; (2) encourage citizen participation through the establishment of public hearings and other types of community outreach programs; (3) identify emerging issues 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) consult with federal, state, and local government agencies and with citizens' groups and other private entities to recommend public policy concerning brain injuries to state policymakers; and (7) serve as the statewide advisory board for implementing the federal Traumatic Brain Injury Act and applying for federal traumatic brain injury funding.
S.C. Code Ann. § 44-20-230 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-230
SECTION 44-20-230. Powers and duties of director.
Status: in_force

Subject to the supervision, direction, and control of the Department of Behavioral Health and Developmental Disabilities, the office director shall administer the policies and regulations established by the department's director. The office director may appoint and, in his discretion, remove all other officers and employees of the office subject to the approval of the department's director. Effect of Amendment 2025 Act No. 3, SECTION 7, twice inserted "office" preceding "director" and twice substituted "department's director" for "commission" throughout the section; in the first sentence, substituted "Department of Behavioral Health and Developmental Disabilities" for "commission"; in the second sentence, substituted "office" for "department"; and made other nonsubstantive changes.
S.C. Code Ann. § 44-93-10 — SC Code / Title 44 / Chapter 93 / Section 44-93-10
SECTION 44-93-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Infectious Waste Management Act".
S.C. Code Ann. § 44-76-30 — SC Code / Title 44 / Chapter 76 / Section 44-76-30
SECTION 44-76-30. Training, maintenance, testing, use, and reporting requirements for automated external defibrillators.
Status: in_force

A person or entity that acquires an AED shall: (1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations; (2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing; (3) employ or obtain a health care professional to serve as its AED liaison; (4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan; (5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and (6) report any clinical use of the AED to the AED liaison.
S.C. Code Ann. § 44-89-10 — SC Code / Title 44 / Chapter 89 / Section 44-89-10
SECTION 44-89-10. Short title.
Status: in_force

This act may be cited as the "Birthing Center Licensure Act".
S.C. Code Ann. § 44-20-730 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-730
SECTION 44-20-730. Criteria for issuance of license.
Status: in_force

In determining whether a license may be issued, the Department of Behavioral Health and Developmental Disabilities shall consider if the program for which the license is applied conforms with the local and state service plans and if the proposed location conforms to use. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-55-430 — SC Code / Title 44 / Chapter 55 / Article 5 / Section 44-55-430
SECTION 44-55-430. Adoption of rules and regulations.
Status: in_force

The Department of Health and Environmental Control may make rules and regulations necessary for the enforcement of the provisions of this article.
S.C. Code Ann. § 44-7-315 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-315
SECTION 44-7-315. Disclosure of information regarding facility or home.
Status: in_force

(A) Information received by the Division of Health Licensing of the department, through inspection or otherwise, in regard to a facility or activity licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, must be disclosed publicly upon written request to the department. The request must be specific as to the facility or activity, dates, documents, and particular information requested. The department may not disclose the identity of individuals present in a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability. When a report of deficiencies or violations regarding a facility licensed by the department pursuant to this article or subject to inspection by the department, including a nursing home, a community residential care facility, or an intermediate care facility for persons with intellectual disability, is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is expected to be available upon written request within fifteen calendar days or less of the termination of time it determines for completion of the action. However, if information on the resolution is present in the files, it must be furnished to the applicant. (B) Subsection (A) does not apply to information considered confidential pursuant to Section 40-71-20 and Section 44-30-60.
S.C. Code Ann. § 44-53-240 — SC Code / Title 44 / Chapter 53 / Article 3 / Section 44-53-240
SECTION 44-53-240. Tests for inclusion of substance in Schedule IV.
Status: in_force

The Department shall place a substance in Schedule IV if it finds that: (a) It has a low potential for abuse relative to the substances in Schedule III; (b) It has a currently accepted medical use in treatment in the United States; and (c) Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III.
S.C. Code Ann. § 44-130-10 — SC Code / Title 44 / Chapter 130 / Section 44-130-10
SECTION 44-130-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Overdose Prevention Act".
S.C. Code Ann. § 44-96-260 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-260
SECTION 44-96-260. Powers and duties of the department.
Status: in_force

To carry out the purposes and provisions of this article, the department is authorized to: (1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste; (2) issue, deny, 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 operation of solid waste management facilities; (3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's solid waste regulatory programs; (4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility; (5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this article; (6) receive financial and technical assistance from the federal government or private entities; (7) cooperate with private organizations and with business and industry in carrying out the provisions of this article; (8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities; (9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and (10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.
S.C. Code Ann. § 44-26-40 — SC Code / Title 44 / Chapter 26 / Section 44-26-40
SECTION 44-26-40. Determination of competency to consent to or refuse major medical treatment.
Status: in_force

If a client resides in a facility operated by or contracted to by the Office of Intellectual and Developmental Disabilities, the determination of that client's competency to consent to or refuse major medical treatment must be made pursuant to Section 44-66-20 of the Adult Health Care Consent Act. The office shall abide by the decision of a client found competent to consent. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2019 Act No. 85, SECTION 2, in the first sentence, substituted "Section 44-66-20" for "Section 44-66-20(6)".
S.C. Code Ann. § 44-69-77 — SC Code / Title 44 / Chapter 69 / Section 44-69-77
SECTION 44-69-77. Sharing of administration, supervision, and services.
Status: in_force

If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall: (1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and (2) coordinate, to the extent feasible, annual licensing inspections.
S.C. Code Ann. § 44-76-50 — SC Code / Title 44 / Chapter 76 / Section 44-76-50
SECTION 44-76-50. Applicability of chapter.
Status: in_force

The provisions of this chapter do not apply to emergency medical services, a physician's office, or a health care facility as defined in Section 44-7-130(10).
S.C. Code Ann. § 44-7-2920 — SC Code / Title 44 / Chapter 7 / Article 23 / Section 44-7-2920
SECTION 44-7-2920. Criminal record check procedures.
Status: in_force

Criminal record checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. An applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal records check, as required by this section. The criminal record check is not required to be repeated as long as the person remains employed by or continues to contract with a direct care entity; however, if a person is not employed by or is not under contract for one year or longer with a direct care entity, the criminal record check must be repeated before resuming employment or contracting with a direct care entity. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual direct caregiver or the direct care entity.
S.C. Code Ann. § 44-23-220 — SC Code / Title 44 / Chapter 23 / Article 3 / Section 44-23-220
SECTION 44-23-220. Admission of persons in jail.
Status: in_force

No person who is mentally ill or who has an intellectual disability shall be confined for safekeeping in any jail. If it appears to the officer in charge of the jail that such a person is in prison, he shall immediately cause the person to be examined by two examiners designated by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities, or both, and if in their opinion admission to a mental health or intellectual disability facility is warranted, the officer in charge of the jail shall commence proceedings pursuant to Sections 44-17-510 through 44-17-610, or Section 44-21-90. If hospitalization is ordered, the person shall be discharged from the custody of the officer in charge of the jail and shall be admitted to an appropriate mental health or intellectual disability facility. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-7-2600 — SC Code / Title 44 / Chapter 7 / Article 21 / Section 44-7-2600
SECTION 44-7-2600. Reports to Joint Legislative Committee on Children.
Status: in_force

By August first of each year the department shall submit an annual report to the Joint Legislative Committee on Children regarding the status of the comprehensive interagency system, including new and existing resources and gaps in services.
S.C. Code Ann. § 44-59-70 — SC Code / Title 44 / Chapter 59 / Section 44-59-70
SECTION 44-59-70. Obtaining information from state officers and agencies.
Status: in_force

The commissions may obtain information and data upon request from all state officers, agents, agencies, and departments of the States of North Carolina and South Carolina while in discharge of their duties.
S.C. Code Ann. § 44-69-75 — SC Code / Title 44 / Chapter 69 / Section 44-69-75
SECTION 44-69-75. Certificate of need; exemption of home health services providers.
Status: in_force

(A) A home health agency shall obtain a Certificate of Need before licensure. Procedures for applying for a certificate must be in accordance with the "State Certification of Need and Health Facility Licensure Act". No certificate is required for home health agencies providing home health services before July 1, 1980. (B)(1) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if: (a) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract; (b) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards; (c) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies. (2) Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided. (3) If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services. (4) For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in Section 37-11-20. (C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility. (D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards. Effect of Amendment 2024 Act No. 164, SECTION 4, in (A), in the first sentence, substituted "Certificate of Need" for "certificate of need"; redesignated (B) as (B)(1) and former (1) to (3) as (a) to (c), respectively, and inserted the (2) to (4) designators in the formerly undesignated paragraphs.
S.C. Code Ann. § 44-30-50 — SC Code / Title 44 / Chapter 30 / Article 1 / Section 44-30-50
SECTION 44-30-50. Immunity from liability for members of review panels and licensing boards and consultants and persons providing information.
Status: in_force

No member of an expert review panel or licensing board and no person or organization providing consultation to an expert review panel or licensing board may be subject to civil or criminal liability for actions or omissions made during investigations or hearings or made in rulings or decisions when acting within the scope of official duties and while carrying out the responsibilities of this article. No other person providing written or oral information to an expert review panel or a licensing board may be subject to civil or criminal liability for actions taken or statements made in good faith during an investigation or hearing.
S.C. Code Ann. § 44-53-1820 — SC Code / Title 44 / Chapter 53 / Article 18 / Section 44-53-1820
SECTION 44-53-1820. FDA approved clinical trials to treat patients who have certain forms of epilepsy with cannabidiol; principal investigators; subinvestigators.
Status: in_force

(A) A statewide investigational new drug application may be established in this State, if approved by the United States Food and Drug Administration to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy. (B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for such clinical trials if such physician: (1) applies to and is approved by the United States Food and Drug Administration as the principal investigator in a statewide investigational new drug application; and (2) receives a license from the United States Drug Enforcement Administration. (C) Such physician, acting as principal investigator, may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Such subinvestigators shall comply with subsection (B)(2) of this section. (D) The principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the United States Food and Drug Administration, the United States Drug Enforcement Administration, and the National Institute on Drug Abuse. (E) Nothing in this article prohibits a physician licensed in South Carolina from applying for Investigational New Drug authorization from the United States Food and Drug Administration.
S.C. Code Ann. § 44-48-170 — SC Code / Title 44 / Chapter 48 / Section 44-48-170
SECTION 44-48-170. Involuntary detention or commitment; constitutional requirements.
Status: in_force

The involuntary detention or commitment of a person pursuant to this chapter must conform to constitutional requirements for care and treatment.
S.C. Code Ann. § 44-7-2020 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2020
SECTION 44-7-2020. Board of directors; appointment of members.
Status: in_force

The corporate powers and duties of the district shall be exercised by a board of directors (board) of that number of members as the enactment directs to be filled by residents of the respective authorizing political subdivisions in the district, as provided in the enactment, so as to provide for reasonable representation from each county or municipality in the district. Board members shall be appointed by the governing body of the authorizing political subdivision as to the respective seats provided for the subdivision.
S.C. Code Ann. § 44-43-365 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-365
SECTION 44-43-365. Search of South Carolina Organ and Tissue Donor Registry; examination to ensure medical suitability of part; minor donors; removal of part.
Status: in_force

(A) When a hospital refers an individual at or near death to a procurement organization, the organization shall cause a reasonable search to be made of the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether the individual has made an anatomical gift. (B) A procurement organization must be allowed reasonable access to information in the records of the South Carolina Organ and Tissue Donor Registry to ascertain whether an individual at or near death is a donor. (C) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (D) Unless prohibited by law other than this article, at any time after a donor's death, the person to which a part passes under Section 44-43-350 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (E) Unless prohibited by law other than this article, an examination under subsection (C) or (D) may include an examination of all medical and dental records of the donor or prospective donor. (F) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. (G) Upon referral by a hospital under subsection (A), a procurement organization shall make a reasonable search for any person listed in Section 44-43-340 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it promptly shall advise the other person of all relevant information. (H) Subject to Sections 44-43-350(I) and 44-43-405, the rights of the person to which a part passes under Section 44-43-350 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 44-43-350, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (I) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. (J) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
S.C. Code Ann. § 44-22-180 — SC Code / Title 44 / Chapter 22 / Section 44-22-180
SECTION 44-22-180. Exercise and exercise facilities; right to go outdoors.
Status: in_force

Resident patients must have the right to daily physical exercise. The facility shall provide indoor and outdoor facilities for the exercise. Patients determined able to be outdoors on a daily basis pursuant to Section 44-22-60 must be allowed outdoors on a daily basis in the absence of contrary medical considerations or during inclement weather.
S.C. Code Ann. § 44-56-490 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-490
SECTION 44-56-490. Violations.
Status: in_force

(A) If the department finds that a person is in violation of a provision of this article or a regulation promulgated pursuant to this article, the department may issue an order requiring the person to comply with this article or regulation promulgated pursuant to this article or the department may bring civil action for injunctive relief in an appropriate court of competent jurisdiction. (B) A person who violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article or regulation promulgated pursuant to this article is subject to a civil penalty not to exceed ten thousand dollars for each day of violation. (C) A person who wilfully violates a provision of this article, a regulation promulgated pursuant to this article, or an order of the department issued pursuant to this article is guilty of a misdemeanor and, upon conviction, may be fined not more than twenty-five thousand dollars for each day of violation or imprisoned for not more than one year, or both. (D) A wholesale supply facility selling or providing drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation. (E) A drycleaning facility selling or providing solvent to another drycleaning facility in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each sale or transfer constitutes a separate violation. (F) A drycleaning facility purchasing or receiving drycleaning solvent in violation of the provisions of Section 44-56-440 is subject to a civil penalty of up to ten thousand dollars for each violation. Each purchase or receipt constitutes a separate violation. (G) Failure to register as a producer or importer of drycleaning solvent pursuant to Section 44-56-460(B) before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person may be fined up to twenty-five thousand dollars or imprisoned up to thirty days.
S.C. Code Ann. § 44-96-90 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-90
SECTION 44-96-90. Full cost disclosure.
Status: in_force

(A) Not later than one year after this chapter is effective, the department shall promulgate regulations establishing the method for local governments to use in calculating the full cost for solid waste management within the service area of the local government which, at a minimum, shall include the provisions of subsections (C), (D), and (E)of this section. The department shall comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article. (B) Not later than one year after promulgation of the regulations provided in Section 44-96-80(A), and annually thereafter, each local government shall determine its full cost for its solid waste management services within its service area for the previous year. Each local government shall publish annually a notice in a newspaper of general circulation in its service area setting forth the full cost and the cost to residential and nonresidential users, on an average or individual basis of its solid waste management services within its service area for the previous year. In calculating the costs, local governments must include costs charged to them by persons with whom they contract for solid waste management services. (C) For local governments which provide collection, recycling, transfer station services, or all three services, "full cost" shall, at a minimum, include an itemized accounting of: (1) the cost of equipment, including, but not limited to, trucks, containers, compactors, parts, labor, maintenance, depreciation, insurance, fuel and oil, and lubricants for equipment maintenance; (2) the cost of overhead, including, but not limited to, supervision, payroll, land, office and building costs, personnel and administrative costs of running the waste management program, and support costs from other departments, government agencies, and outside consultants or firms; (3) the cost of employee social security, worker's compensation, pension and health insurance payments; and (4) disposal cost and laboratory and testing costs. (D) For local governments which provide disposal services, "full cost" shall, at a minimum, include an itemized accounting of: (1) the cost of land, disposal site preparation, permits and licenses, scales, buildings, site maintenance and improvements; (2) the cost of equipment, including operation and maintenance costs such as parts, depreciation, insurance, fuel and oil, and lubricants; (3) the cost of labor and overhead, including, but not limited to, supervision, payroll, office and building costs, personnel and administrative costs of running the waste management program, and support costs from, and studies provided by, other departments, government agencies, and outside consultants or firms; (4) the cost of employee social security, worker's compensation, pension and health insurance payments; and (5) disposal costs, leachate collection and treatment costs, site monitoring costs, including, but not limited to, sampling, laboratory and testing costs, environmental compliance inspections, closure and postclosure expenditures, and escrow, if required. (E) For purposes of this section, "service area" means the area in which the local government provides, directly or by contract, solid waste management services. (F) A person operating under an agreement to collect or dispose of solid waste within the service area of a local government or region shall assist and cooperate with the local government or region to make the calculations or to establish a system to provide the information required under this section. However, contracts entered into prior to the effective date of this chapter are exempt from the provisions of this section.
S.C. Code Ann. § 44-135-40 — SC Code / Title 44 / Chapter 135 / Section 44-135-40
SECTION 44-135-40. Pulmonary function testing; qualifications of evaluating physician.
Status: in_force

Pulmonary function testing required by this chapter must be interpreted by a physician who is: (1) licensed in this State or another state of the United States; and (2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report.
S.C. Code Ann. § 44-55-440 — SC Code / Title 44 / Chapter 55 / Article 5 / Section 44-55-440
SECTION 44-55-440. Effect of compliance with former law.
Status: in_force

In case a person subject to the provisions of this article shall have installed, prior to June 3, 1951, in his tenement or mill village an adequate sewage system with adequate water closets in compliance with the law as it then existed on the subject, such person shall be exempt from the provisions hereof, except the requirement of maintenance in compliance with the rules and regulations of the Department of Health and Environmental Control.
S.C. Code Ann. § 44-95-40 — SC Code / Title 44 / Chapter 95 / Section 44-95-40
SECTION 44-95-40. Separation of smoking and nonsmoking areas; barriers; ventilation.
Status: in_force

In complying with Section 44-95-30, the owner, manager, or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.
S.C. Code Ann. § 44-27-30 — SC Code / Title 44 / Chapter 27 / Section 44-27-30
SECTION 44-27-30. Transfer of individual to federal agency.
Status: in_force

Upon receipt of a certificate of an agency of the United States that facilities are available for the care or treatment of any individual confined pursuant to law in any State mental health facility and that such individual is eligible for care or treatment in an institution of the agency, the Office of Mental Health may cause his transfer to the agency of the United States for confinement. Upon effecting the transfer, the court ordering confinement, the legal guardian, spouse and parents or, if none be known, his nearest known relative or friend shall be notified thereof immediately by the Office of Mental Health. No person shall be transferred to an agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court originally ordering his confinement shall enter an order for transfer after appropriate motion and hearing. Any person transferred as provided in this section to an agency of the United States shall be deemed to be confined by the agency pursuant to the original order of confinement. 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. § 44-132-40 — SC Code / Title 44 / Chapter 132 / Section 44-132-40
SECTION 44-132-40. Billing between laboratories.
Status: in_force

The provisions of this chapter do not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.