S.C. Code Ann. § 44-7-740 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-740
SECTION 44-7-740. Municipal jurisdiction.
Status: in_force

The jurisdiction of the city or town in or near which a public hospital or tuberculosis camp is located shall extend over all land used for hospital or tuberculosis camp purposes outside the corporate limits, and all ordinances of such city or town shall be in full force and effect in and over the territory occupied by such public hospital or tuberculosis camp.
S.C. Code Ann. § 44-7-84 — SC Code / Title 44 / Chapter 7 / Article 2 / Section 44-7-84
SECTION 44-7-84. Determination and allocation of Medicaid nursing home patient days; application for permit; rules and regulations.
Status: in_force

(A) In the annual appropriations act, the General Assembly shall establish the maximum number of Medicaid patient days for which the department is authorized to issue Medicaid nursing home permits. The State Department of Health and Human Services shall provide the number of Medicaid patient days available to the department within thirty days after the effective date of the annual appropriations act. (B) Based on a method the department develops for determining the need for nursing home care for Medicaid patients in each area of the State, the department shall determine the distribution of Medicaid patient days for which Medicaid nursing home permits can be issued. Nursing homes holding a Medicaid nursing home permit must be allocated Medicaid days based on their current allocation and available funds. Requests for days must be submitted to the department no later than June fifteenth each year. The department shall issue permits to the facilities by August first of each year. The application must state the specific number of Medicaid patient days the nursing home will provide. If a nursing home requests fewer days than the previous year, or is permitted fewer days, those days first must be offered to the facilities within the same county currently holding a Medicaid nursing home permit. However, if Medicaid patient days remain available after being offered to those nursing homes currently holding a Medicaid patient days permit in that county, then existing nursing homes with a restricted Certificate of Need, within the same county, may apply for a Medicaid nursing home permit to receive the Medicaid permit days remaining available. Following the initial allocation of Medicaid patient days, any additional Medicaid permit days must be credited to a statewide pool and the days must be allocated to those counties showing the greatest need based on the average number of fully eligible Medicaid nursing facility applicants by county in the Community Long Term Care awaiting placement reports for the past twelve months. The Department of Health and Human Services shall provide this information to the department no later than July fifteenth of each year. The Medicaid permit days must be proportionately allocated to each facility within the county that currently holds a Medicaid permit and is currently in compliance with its Medicaid permit. A facility is deemed to be in compliance for allocation of these additional Medicaid permit days if it has not exceeded its stated Medicaid permit by more than seven percent. In addition, a nursing home that provides less than ninety percent of the stated Medicaid permit in any fiscal year may not apply for additional Medicaid permit days in the next fiscal year. If a nursing home fails to provide ninety percent of the stated Medicaid permit days for two consecutive fiscal years, the department may issue a Medicaid nursing home permit for fewer days than requested in order to ensure that the nursing home will serve the minimum number of Medicaid patients and that the State will optimize the available Medicaid days. If a nursing home has its Medicaid patient days reduced, the freed days first must be offered to other facilities in the same county before being offered to other nursing homes in the State. The department shall analyze the performance of nursing homes that are under the permit minimum or exceed the permit maximum for a fiscal year, including utilization data from the State Department of Health and Human Services, anticipated back days, delayed payments, CLTC waiting list, and other factors considered significant by the department. A nursing home which terminates its Medicaid contract must not be penalized for not meeting the requirements of this section if the nursing home was in compliance with its permit at the time of the cancellation. Facilities designated as Special Focus Facilities may not be issued additional Medicaid permit days while they remain on the Special Focus list. (C) If the Department of Health and Human Services or the General Assembly decreases the number of Medicaid patient days available to the department, the department shall proportionately decrease the authorized Medicaid patient days for each nursing home. If additional Medicaid patient days are authorized in the following year, they must be restored proportionately to each nursing home in accordance with subsection (B).
S.C. Code Ann. § 44-53-1430 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1430
SECTION 44-53-1430. Notice of identification of lead-based hazard; order that it be remediated; appeals.
Status: in_force

(A) If a child resides in a dwelling or dwelling unit or is routinely present at a childcare facility in which a lead-based hazard has been identified, the department shall: (1) post in or upon the dwelling, dwelling unit, or childcare facility, in a conspicuous place, notice of the existence of the hazard. The notice must not be removed until the department determines that the identified lead-based hazard has been remediated. (2) give written notice of the existence of the lead-based hazard to the householder occupying the dwelling, dwelling unit, or childcare facility. (3) give written notice of the existence of the lead-based hazard to the property owner and order that the hazard be remediated within a reasonable period of time. (B) The property owner of a building subject to this article has the right to appeal the order of the department as a contested case.
S.C. Code Ann. § 44-5-20 — SC Code / Title 44 / Chapter 5 / Section 44-5-20
SECTION 44-5-20. Definitions.
Status: in_force

As used in this chapter: (1) The "state health planning and development agency" or "state agency" means the Department of Health and Environmental Control. (2) The "federal act" means Public Law 93-641, known as the National Health Planning and Resources Development Act of 1974 (Titles XV and XVI of the Public Health Services Act). (3) "State program" means the state administrative program. (4) "SHCC" means the South Carolina Statewide Health Coordinating Council. (5) "The secretary" means the Secretary of the United States Department of Health, Education and Welfare. (6) "Health systems agency" (HSA) means an entity which is organized, operated and designated in accordance with the federal act.
S.C. Code Ann. § 44-41-75 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-75
SECTION 44-41-75. Licensing of certain abortion facilities; regulations.
Status: in_force

(A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3. (B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section.
S.C. Code Ann. § 44-53-1110 — SC Code / Title 44 / Chapter 53 / Article 9 / Section 44-53-1110
SECTION 44-53-1110. Prohibition on aromatic hydrocarbons used as intoxicants.
Status: in_force

No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any substance containing aromatic hydrocarbons; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
S.C. Code Ann. § 44-56-310 — SC Code / Title 44 / Chapter 56 / Article 3 / Section 44-56-310
SECTION 44-56-310. Definitions.
Status: in_force

As used in this article: (A) "Discharge" means leakage, seepage, or other release. (B) "Hazardous materials" means all materials and substances defined as hazardous by any state or federal law or regulation. (C) "Person" means any individual, partnership, corporation, association, or other entity.
S.C. Code Ann. § 44-24-100 — SC Code / Title 44 / Chapter 24 / Section 44-24-100
SECTION 44-24-100. Notice of hearing for emergency or judicial admission.
Status: in_force

Notice of the hearing for an emergency admission or a judicial admission must be given to the child or his guardian, his counsel, and other interested persons at least five days before the hearing, exclusive of Saturdays, Sundays, and legal holidays. The notice must include the time, date, and place of the hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary admission is sought and a copy of the petition or affidavit and supporting certificates of the examining physician.
S.C. Code Ann. § 44-7-3200 — SC Code / Title 44 / Chapter 7 / Article 25 / Section 44-7-3200
SECTION 44-7-3200. UMA agreements subject to review and approval; agreements must not conflict.
Status: in_force

All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section.
S.C. Code Ann. § 44-96-140 — SC Code / Title 44 / Chapter 96 / Article 1 / Section 44-96-140
SECTION 44-96-140. Recycling programs of state government; state procurement policy; report of the Department of Transportation.
Status: in_force

(A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the Office of the Governor, the Judiciary, each state agency, and each state-supported institution of higher education shall: (1) establish a source separation and recycling program in cooperation with the department and the Division of General Services of the Department of Administration for the collection of selected recyclable materials generated in state offices throughout the State including, but not limited to, high-grade office paper, corrugated paper, aluminum, glass, tires, composting materials, plastics, batteries, and used oil; (2) provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both; (3) evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and (4) establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations. (B) Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the Division of General Services, Department of Administration. (C) By November first of each year, the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the Division of General Services, Department of Administration. The report also must review existing procurement regulations for the purchase of products and materials and must identify any portions of such regulations that discriminate against products and materials with recycled content and products and materials which are recyclable. (D) Not later than one year after this chapter is effective, the Division of General Services, Department of Administration shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable. (E) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the Office of the Governor, the Judiciary, all state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure products and materials with recycled content and products and materials which are recyclable where practicable, as determined by the Division of General Services, Department of Administration. The list of recycled content specifications must be updated annually. It is the goal of the General Assembly for state and local governmental agencies to reflect a twenty-five percent goal in their procurement policies. The decision not to procure such items shall be based on a determination that such procurement items: (1) are not available within a reasonable period of time; (2) fail to meet the performance standards set forth in the applicable specifications; or (3) are only available at a price that exceeds by more than seven and one-half percent the price of alternative items. (F) Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of: (1) compost as a substitute for regular soil amendment products in all highway projects; (2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials; (3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and (4) recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports.
S.C. Code Ann. § 44-23-10 — SC Code / Title 44 / Chapter 23 / Article 1 / Section 44-23-10
SECTION 44-23-10. Definitions.
Status: in_force

When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7, and 9 of Chapter 17, Chapter 24, Chapter 27, Chapter 48, and Chapter 52, unless the context clearly indicates a different meaning: (1) "Attending physician" means the staff physician charged with primary responsibility for the treatment of a patient. (2) "Conservator" means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent. (3) "Office" means the Office of Mental Health, a component office of the Department of Behavioral Health and Developmental Disabilities. (4) "Designated examiner" means a physician licensed by the Board of Medical Examiners of this State or a person registered by the Office of Mental Health as specially qualified, under standards established by the Department of Behavioral Health and Developmental Disabilities, in the diagnosis of mental or related illnesses. (5) "Office director" means the Office Director of the Office of Mental Health. (6) "Discharge" means an absolute release or dismissal from an institution or a hospital. (7) "Gravely disabled" means a person who, due to mental illness, lacks sufficient insight or capacity to make responsible decisions with respect to his treatment and because of this condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury, or otherwise. (8) "Guardian" or "legal guardian" means a person who legally has the care and management of the person of one who is not sui juris. (9) "Hospital" means a public or private hospital. (10) "Interested person" means a parent, guardian, spouse, adult next of kin, or nearest friend. (11) "Leave of absence" means a qualified release from an institution or a hospital. (12) "Licensed physician" means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of official duties. (13) "Likelihood of serious harm" means because of mental illness there is: (a) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm; (b) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or (c) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that the person is gravely disabled and that reasonable provision for the person's protection is not available in the community. (14) "Mental health clinic" means an institution, or part of an institution, maintained by the Office of Mental Health for the treatment and care on an outpatient basis. (15) "Nearest friend" means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability. (16) "Nonresident licensed physician" means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing official duties in that state. (17) "Observation" means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition. (18) "Officer of the peace" means any state, county, or city police officer, officer of the State Highway Patrol, sheriff, or deputy sheriff. (19) "Parent" means natural parent, adoptive parent, stepparent, or person with legal custody. (20) "Patient" means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought. (21) "Person with a mental illness" means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization. (22) "Person with intellectual disability" means a person, other than a person with a mental illness primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for the person's benefit, or that of the public, special training, education, supervision, treatment, care, or control in the person's home or community or in a service facility or program under the control and management of the Office of Intellectual and Developmental Disabilities. (23) "Restoration treatment" means treatment provided to a person who has been determined unfit to stand trial but likely to become fit in the foreseeable future, and which has as part of its goals assisting the person to gain the capacity to understand the proceedings against him and to assist in his own defense. (24) "State hospital" means a hospital, or part of a hospital, equipped to provide inpatient care and treatment and maintained by the Office of Mental Health. (25) "State mental health facility" or "facility" means any hospital, clinic, or other institution maintained by the Office of Mental Health. (26) "State of citizenship" means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence from such hospitals and institutions and of time spent in service in any of the Armed Forces of the United States; the residence of a person must be determined by the actual physical presence, not by the expressed intent of the person. (27) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling. 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 2022 Act No. 145, SECTION 1, inserted (23), relating to the definition of "restoration treatment" and redesignated former (23) to (26) as (24) to (27).
S.C. Code Ann. § 44-24-60 — SC Code / Title 44 / Chapter 24 / Section 44-24-60
SECTION 44-24-60. Emergency admission of child to inpatient hospital.
Status: in_force

(A) A child may be admitted to an inpatient hospital for emergency admission upon: (1) written application under oath by an interested person stating: (a) belief that the child is in need of treatment and in danger of harming himself or others as a result of his need for treatment; (b) the specific type of serious harm thought probable if the child is not hospitalized immediately; (c) the factual basis for this belief; (d) the reason why the child cannot obtain treatment voluntarily. (2) a certification in triplicate by a licensed physician stating that he has examined the child and is of the opinion that he is a child in need of treatment and in need of emergency admission. The certification must contain the grounds for the opinion. (B) A child for whom a certificate has been issued must not be admitted on the basis of the certificate after the expiration of three calendar days after the date of his examination. (C) Before the emergency admission of a child to a treatment program or facility of the Office of Mental Health, the child must be examined by a licensed physician. The physician shall inform the mental health center in the county where the child resides or where the examination takes place of the mental and physical treatment needs of the child. The physician shall consult with the center regarding the commitment and admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility. (D) The examining physician shall complete a statement that he has consulted with the local mental health center before the admission of the child to a state psychiatric facility. If the physician does not consult with the center, he shall state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The office, in its discretion, may refuse to admit a child to its facility if the physician fails to complete the statement required by this chapter. (E) Within twenty-four hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the court of the county in which the child resides or where the acts or conduct leading to his admission occurred. (F) Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct a preliminary review of the evidence to determine if probable cause exists to continue the emergency detention of the child. If the court finds that probable cause does not exist, it shall issue an order of release for the child. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the child. The court shall appoint counsel for the child if he has not retained counsel and fix a date for a full hearing to be held within fifteen days from the date of his admission. (G) With each application and certification, the place of admission also shall provide the court with an examiner appointment form listing the names of two examiners. (H) If the court appoints these two examiners, the examination must be performed at the place of admission and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent examiners who shall submit a report to the court within five days. In the process of the examination by the examiners, available previous treatment records must be considered. At least one of the examiners appointed by the court must be a licensed physician. (I) The examiner's report must be available to the child's counsel before the full hearing. 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. § 44-53-1485 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1485
SECTION 44-53-1485. Civil penalties.
Status: in_force

A person who violates a provision of this article or a final determination or order of the department issued pursuant to this article is subject to a civil penalty not to exceed one thousand dollars a day.
S.C. Code Ann. § 44-93-40 — SC Code / Title 44 / Chapter 93 / Section 44-93-40
SECTION 44-93-40. Department administrative and public health emergency infectious waste management powers.
Status: in_force

(A) To carry out the provisions and purposes of this chapter, the department may establish and collect registration and permit fees in connection with the provisions of this chapter; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of a site or facility in which infectious waste is generated or managed; and issue, deny, revoke, suspend, or modify registration, permits, or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites. No permit or registration may be revoked without first providing an opportunity for a hearing as provided pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act. (B) After the declaration of a public health emergency, as defined in Section 44-4-130, the department may exercise, for such period as the state of public health emergency exists, the following powers, in addition to any existing powers it has, for the safe disposal of infectious waste: (1) to adopt and enforce measures to provide for the safe disposal of infectious waste as may be reasonable and necessary for emergency response. These measures may include, but are not limited to, the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste; (2) to require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State, and any landfill business or other such property, to accept infectious waste or provide services or the use of the business, facility, or emergency. When necessary during the state of the public health emergency, the business or facility must coordinate with the department on the management or supervision of the business or facility; and (3) to procure, by order or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste under the laws of this State and any landfill business or other such property as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof.
S.C. Code Ann. § 44-61-770 — SC Code / Title 44 / Chapter 61 / Article 7 / Section 44-61-770
SECTION 44-61-770. Veterans, service members separating from active duty military, and their spouses.
Status: in_force

(A) Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure. (B) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses. (C) All individuals functioning with a privilege to practice under this section remain subject to the Adverse Actions provisions of Section 44-61-780.
S.C. Code Ann. § 44-56-485 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-485
SECTION 44-56-485. Regulations.
Status: in_force

The department may promulgate regulations to carry out the provisions of this article.
S.C. Code Ann. § 44-96-280 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-280
SECTION 44-96-280. Powers of the commissioner.
Status: in_force

The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following: (1) entering the solid waste management facility in order to assess what actions may be necessary; (2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article; (3) commencing an action to enjoin any act or practice that is causing the hazard; and (4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.
S.C. Code Ann. § 44-30-310 — SC Code / Title 44 / Chapter 30 / Article 3 / Section 44-30-310
SECTION 44-30-310. Free health care services; immunity from liability.
Status: in_force

If a health care provider, licensed pursuant to the laws of this State, informs his or her patient in writing, which may include use of an electronic medical record device, before treatment that the treatment to be rendered by the health care provider will be provided free of charge, the health care provider is not liable for any civil damages for any personal injury as a result of any act or omission by the health care provider rendering treatment free of charge or failure to act to provide or arrange for further treatment, except acts or omission amounting to gross negligence or wilful or wanton misconduct. For purposes of this section, a health care provider includes a dentist maintaining a restricted volunteer license pursuant to Section 40-15-177, a practitioner maintaining a special volunteer license pursuant to Section 40-47-34, and a chiropractor maintaining a special volunteer license pursuant to Section 40-9-85.
S.C. Code Ann. § 44-43-970 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-970
SECTION 44-43-970. Exclusive agency for receipt of referrals and donations.
Status: in_force

(A) LifePoint, Inc. within the territory designated pursuant to federal law, is the exclusive agency to receive potential organ donor referrals and organ donations and tissue referrals and tissue donations so long as this entity remains and is certified by the Centers for Medicare and Medicaid Services and abides by the regulations of the Organ Procurement Transplantation Network and the United Network for Organ Sharing or its successor. (B) LifePoint, Inc. annually by April first shall submit a report to the General Assembly concerning its activities and the incidence of organ and tissue donation.
S.C. Code Ann. § 44-135-70 — SC Code / Title 44 / Chapter 135 / Section 44-135-70
SECTION 44-135-70. Service of reports on defendants.
Status: in_force

(A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act. (B) In an action pending on the date this chapter becomes law, the case shall not be allowed to be called for or proceed to trial until ninety days after a report has been served on each defendant. (C) This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in South Carolina shall manage trial settings for all asbestos- and/or silica-related claims.
S.C. Code Ann. § 44-4-500 — SC Code / Title 44 / Chapter 4 / Article 5 / Section 44-4-500
SECTION 44-4-500. Control and treatment of infectious disease.
Status: in_force

During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.
S.C. Code Ann. § 44-53-1460 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1460
SECTION 44-53-1460. Legal actions not affected.
Status: in_force

Nothing in this article may be interpreted or applied in any manner to defeat or impair the right of a person, municipality, or other political entity to maintain an action or suit for damages sustained, or equitable relief of, for violation of an ordinance by reason of, or in connection with, a violation of this article.
S.C. Code Ann. § 44-31-110 — SC Code / Title 44 / Chapter 31 / Article 3 / Section 44-31-110
SECTION 44-31-110. Emergency order for commitment of person with active tuberculosis; petition; waiver of notice.
Status: in_force

(A) When it is brought to the attention of a Department of Health and Environmental Control health officer that a person with active tuberculosis is unable or unwilling to conduct himself so as not to expose others to danger, the department shall issue an emergency order pursuant to Section 44-31-105 or file a petition in the probate court of the county in which the person resides or is situated seeking commitment of the person to a facility for isolation and treatment. In case of the absence of the health officer or the department's failure to act, any other interested person may petition the probate court for commitment of the person for isolation and treatment. A petition seeking commitment must be based on proper records and affidavits. (B) The probate court may waive the requirement of notice to the person who is the subject of the emergency order or petition seeking commitment if the health officer demonstrates that the person is: (1) hiding from the health department staff; (2) evading attempts by health department staff or law enforcement to serve notice of the proceedings; or (3) refusing to accept service of pleadings or motions.
S.C. Code Ann. § 44-59-60 — SC Code / Title 44 / Chapter 59 / Section 44-59-60
SECTION 44-59-60. Compensation.
Status: in_force

The members of the commissions shall serve without compensation.
S.C. Code Ann. § 44-93-220 — SC Code / Title 44 / Chapter 93 / Section 44-93-220
SECTION 44-93-220. Monthly incineration limits for infectious waste from July through December, 1990.
Status: in_force

From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
S.C. Code Ann. § 44-1-150 — SC Code / Title 44 / Chapter 1 / Section 44-1-150
SECTION 44-1-150. Penalty for violating rules of department.
Status: reserved

(A) Except as provided in Section 44-1-151, a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with a regulation of the Department of Public Health, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for thirty days. (B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation. (C) Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund. (D) The term "notice" as used in this section means either actual notice or constructive notice. (E) Reserved. Effect of Amendment 2023 Act No. 60, SECTION 3.D, in (A), substituted "Department of Public Health" for "Department of Health and Environmental Control"; and reserved (E), which had provided that this section did not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act.
S.C. Code Ann. § 44-23-410 — SC Code / Title 44 / Chapter 23 / Article 5 / Section 44-23-410
SECTION 44-23-410. Determining fitness to stand trial; time for conducting examination; extension; independent examination; competency distinguished.
Status: in_force

(A) Whenever a judge of the circuit court or family court has reason to believe that a person on trial before him, charged with the commission of a criminal offense or civil contempt, is not fit to stand trial because the person lacks the capacity to understand the proceedings against him or to assist in his own defense as a result of a lack of mental capacity, the judge shall: (1) order examination of the person by two examiners designated by the Office of Mental Health if the person is suspected of having a mental illness or designated by the Office of Intellectual and Developmental Disabilities if the person is suspected of having intellectual disability or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and intellectual disability or a related disability. The examination must be made within thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or (2) order the person committed for examination and observation to an appropriate facility of the Office of Mental Health or the Office of Intellectual and Developmental Disabilities for a period not to exceed fifteen days. (B) Before the expiration of the examination period or the examination and observation period, the Office of Mental Health or the Office of Intellectual and Developmental Disabilities, as appropriate, may apply to a judge designated by the Chief Justice of the South Carolina Supreme Court for an extension of time up to fifteen days to complete the examination or the examination and observation. (C) If the person or the person's counsel requests, the court may authorize the person to be examined additionally by a designated examiner of the person's choice. However, the court may prescribe the time and conditions under which the independent examination is conducted. (D) If the examiners designated by the Office of Mental Health find indications of intellectual disability or a related disability but not mental illness, the Office of Mental Health shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is "not mentally ill" and recommend that the person should be evaluated for competency to stand trial by the Office of Intellectual and Developmental Disabilities. If the examiners designated by the Office of Intellectual and Developmental Disabilities find indications of mental illness but not intellectual disability or a related disability, the Office of Intellectual and Related Disabilities shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does "not have intellectual disability or a related disability" and recommend that the person should be evaluated for competency to stand trial by the Office of Mental Health. If either the Office of Mental Health or the Office of Intellectual and Developmental Disabilities finds a preliminary indication of a dual diagnosis of mental illness and intellectual disability or a related disability, this preliminary finding must be reported to the court with the recommendation that one examiner from the Office of Mental Health and one examiner from the Office of Intellectual and Developmental Disabilities be designated to further evaluate the person and render a final report on the person's mental capacity. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-61-60 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-60
SECTION 44-61-60. Ambulance equipment requirements.
Status: in_force

(A) Such equipment as deemed necessary by the department must be required of organizations applying for ambulance permits. Each licensee of an ambulance shall comply with regulations as may be promulgated by the board and shall maintain in each ambulance, when it is in use as such, all equipment as may be prescribed by the board. (B) The transportation of patients and the provision of emergency medical services shall conform to standards promulgated by the board.
S.C. Code Ann. § 44-96-410 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-410
SECTION 44-96-410. Inspections; samples.
Status: in_force

For the purpose of enforcing this chapter or any regulations promulgated pursuant to this chapter, an authorized representative or employee of the department may, upon presentation of appropriate credentials, at a reasonable time: (1) enter any facility where solid wastes are managed; (2) inspect and copy any records, reports, information, or test results necessary to carry out the department's responsibilities under this chapter; or (3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department also shall provide such person with a copy of the results of any analyses of such samples.
S.C. Code Ann. § 44-41-10 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-10
SECTION 44-41-10. Definitions.
Status: in_force

As used in this chapter: (a) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child. (b) "Physician" means a person licensed to practice medicine in this State. (c) "Department" means the South Carolina Department of Health and Environmental Control. (d) "Hospital" means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions. (e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the department, and which has also been certified by the department to be suitable for the performance of abortions. (f) "Pregnant" means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. (g) "Conception" means the fertilization of an ovum by a sperm. (h) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion. (i) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle. (j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation. (k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation. (l) "Minor" means a female under the age of seventeen. (m) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents. (n) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days. Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 6, rewrote (a) and (f), in (g), substituted "fertilization of an ovum by a sperm" for "fecundation of the ovum by the spermatozoa", deleted (l), which had related to the definition of "Viability", and redesignated former (m) to (o) as (l) to (n).
S.C. Code Ann. § 44-69-50 — SC Code / Title 44 / Chapter 69 / Section 44-69-50
SECTION 44-69-50. Fees.
Status: in_force

Reasonable fees shall be established by the Board. Such fees shall be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.
S.C. Code Ann. § 44-29-200 — SC Code / Title 44 / Chapter 29 / Section 44-29-200
SECTION 44-29-200. Attendance of teachers or pupils with contagious or infectious diseases may be prohibited.
Status: in_force

Any board of education, school trustees, or other body having control of a school, on account of the prevalence of any contagious or infectious diseases or to prevent the spread of disease, may prohibit or limit the attendance of any employee or student at any school or school-related activities under its control. The decision to prohibit or limit attendance must be based on sound medical evidence and must comply with the official procedures adopted by the board for this purpose. Before lifting a prohibition or restriction on attendance, the board may require a satisfactory certificate from one or more licensed physicians that attendance is no longer a risk to others attending school. Any board acting in good faith and in compliance with the provisions of this section is not liable for damages which may result from its decision. Nothing in this section relieves a board from its responsibilities to provide a student with educational programs and services appropriate to his needs as required by Section 59-20-30.
S.C. Code Ann. § 44-20-1140 — SC Code / Title 44 / Chapter 20 / Article 7 / Section 44-20-1140
SECTION 44-20-1140. Improvements for residential regional center or community facility; application.
Status: in_force

If the Department of Behavioral Health and Developmental Disabilities determines that improvements are required for a residential regional center or community facility, it may make application for them to the State Fiscal Accountability Authority or Department of Administration, as appropriate. The application must contain: (1) a description of the improvements sought and their estimated cost; (2) the number of paying clients receiving services from the Office of Intellectual and Developmental Disabilities, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year; (3) the revenues derived from the paying clients during the preceding three fiscal years; (4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of monies to be made available to the Department of Behavioral Health and Developmental Disabilities for state capital improvement bonds; (5) a statement showing the debt service requirements of other outstanding obligations. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-17-540 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-540
SECTION 44-17-540. Hearing to be held if examiners find mental illness.
Status: in_force

If the report of the two designated examiners, other than the independent designated examiner, is to the effect that they are of the opinion that the person is not mentally ill to the extent that involuntary treatment is required, the court shall terminate the proceedings and dismiss the petition immediately upon receipt of the report. If the report of the two designated examiners, other than the independent designated examiner, is divided, the court may terminate the proceedings or may designate a third examiner, who must be a psychiatrist, and charge the three examiners to render a majority opinion within five days. If the report of the designated examiners is to the effect that they are of the opinion that the person is mentally ill and involuntary treatment is required, the court shall conduct a hearing. For persons admitted pursuant to Section 44-17-410, the hearing may be held on the same day as the designated examinations unless the person or his counsel objects. Upon objection by the person or his counsel, the court shall delay the hearing. For persons whose admission is sought under Section 44-17-510, the court immediately shall fix a date for and give notice of a hearing, to be held not less than five nor more than seven days, excluding Saturdays, Sundays, and legal holidays, from receipt of the report.
S.C. Code Ann. § 44-20-790 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-790
SECTION 44-20-790. Promulgation of regulations governing hearings.
Status: in_force

The procedures governing hearings authorized by "Notice of Deficiencies ..." must be in accordance with regulations promulgated by the Department of Behavioral Health and Developmental Disabilities. The office director may appoint a review team, including consumers, to assist in the collection of information pertinent to the hearing. 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. § 44-7-340 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-340
SECTION 44-7-340. Violation as misdemeanor; fines.
Status: in_force

Any person or facility violating any of the provisions of this article or a regulation under this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense. Each day's violation after a first conviction constitutes a subsequent offense.
S.C. Code Ann. § 44-117-30 — SC Code / Title 44 / Chapter 117 / Article 1 / Section 44-117-30
SECTION 44-117-30. Prescription drug information transfer and receipt; exceptions.
Status: in_force

No patient prescription drug information may be transferred or received by a person without the written consent of the patient or a person authorized by law to act on behalf of the patient. However, this prohibition does not apply to: (1) the lawful transmission of a prescription drug order in accordance with all state and federal laws pertaining to the practice of pharmacy. (2) communications among licensed practitioners, licensed pharmacists, and other health care professionals who provide or have provided medical or therapeutic treatment, pharmacy service, or medical or therapeutic consultation service for the person who received the drug or device; (3) information gained as a result of a person requesting informational material from a prescription drug or device manufacturer or vendor; (4) information necessary to effect the recall of a defective drug or device or other information necessary to protect the health and welfare of an individual or the public generally; (5) information whereby the release or transfer is mandated by other state or federal laws, court order, or subpoena, or regulations including, but not limited to, accreditation or licensure requirements; (6) information necessary to adjudicate or process payment claims for health care, whether under a health insurance benefits program or other payment system, if the recipient makes no other use or further disclosure of the information; (7) information voluntarily disclosed by a patient to entities outside of the provider-patient relationship; (8) information used in clinical research monitored by an institutional review board; (9) information which does not identify patients by name, or that is encoded in a manner that information identifying a particular patient by name or address is not generally obtainable, and that is used for epidemiological studies, research, statistical analysis, medical outcomes, or pharmacoeconomic research; (10) information transferred in connection with the sale of a business or medical practice to a successor in interest; (11) information necessary to disclose to third parties in order to perform quality assurance programs, medical records review, internal audits, medical records maintenance, or similar programs, if the third party makes no other use or further disclosure of the information; (12) information that may be revealed to a party who, on behalf of the patient, obtains a dispensed prescription from a pharmacy; (13) information necessary to disclose to third parties in order for a health plan licensed by the South Carolina Department of Insurance to perform case management, utilization management, and disease management for individuals enrolled in that health plan, if the third party makes no other use or further disclosure of the information.
S.C. Code Ann. § 44-54-100 — SC Code / Title 44 / Chapter 54 / Section 44-54-100
SECTION 44-54-100. Standard of proof; effect of conviction for distribution of controlled substance.
Status: in_force

(A) Proof of liability in an action brought pursuant to this chapter shall be by a preponderance of the evidence. (B)(1) A person against whom recovery is sought who has been convicted of the distribution of an illegal controlled dangerous substance under state law or under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Section 801, et seq., is precluded from denying participation in the marketing of an illegal controlled dangerous substance. Except as provided in paragraph (2) of this subsection, the provisions of this subsection shall not affect a person's burden of proving the elements required by the South Carolina Rules of Civil Procedure and applicable precedent setting case law. (2) A conviction specified in paragraph (1) of this subsection shall also be prima facie evidence of the defendant's participation in the marketing of an illegal controlled substance used by the individual user, where the conviction was based upon the person's marketing of that same type of illegal controlled substance. (C) The absence of a criminal conviction of a person pursuant to paragraph B(1) of this section against whom recovery is sought does not bar an action against that person in an action pursuant to any applicable rules of the South Carolina Rules of Civil Procedure.
S.C. Code Ann. § 44-115-80 — SC Code / Title 44 / Chapter 115 / Section 44-115-80
SECTION 44-115-80. Fees physician may charge for search and duplication of records.
Status: in_force

(A) A physician, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a paper or electronic medical record, but the fee may not exceed: (1) Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed one hundred fifty dollars per request, but to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient. (2) Sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page print costs may not exceed two hundred dollars per request, and to which may be added actual postage and applicable sales tax. The search and handling fee is permitted even though no medical record is found as a result of the search, except where the request is made by the patient. (3) All fees allowed by this section, including the maximum, must be adjusted annually in accordance with the Consumer Price Index for all Urban Consumers, South Region (CPI-U), published by the U.S. Department of Labor. The Department of Health and Environmental Control is responsible for calculating this annual adjustment, which is effective on July first of each year, starting July 1, 2015. (B) A physician, health care provider, or other owner of medical records must provide a patient's medical records at no charge when the patient is referred by the physician, health care provider, or an employee, agent, or contractor of the owner of the record to another physician or health care provider for continuation of treatment for a specific condition or conditions. (C) The physician may charge a patient or the patient's legal representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.
S.C. Code Ann. § 44-7-570 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-570
SECTION 44-7-570. Monitoring and regulating agreements by the department.
Status: in_force

(A) The department shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department shall charge an annual fee to cover the cost of monitoring and regulating these agreements, including certificates of public advantage. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement must be filed with the department every two years so that the department shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department may revoke a certificate upon a finding that: (1) the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or (2) the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement; or (3) the department's certification was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats, or intimidation toward any party to the cooperative agreement. (B) A decision by the department to revoke a certificate of public advantage is entitled to judicial review in accordance with the Administrative Procedures Act. (C) Nothing in this article limits the authority of the Attorney General to initiate civil enforcement action or criminal prosecution upon the determination that health care providers, health provider networks, or health care purchasers have exceeded the scope of the certificate of public advantage approved by the department. A review by the Attorney General must be conducted according to the standards set forth in this article. (D) The department shall promulgate regulations to implement the provisions of this article including any fees and application costs associated with the monitoring and oversight of cooperative agreements approved under this article.
S.C. Code Ann. § 44-43-50 — SC Code / Title 44 / Chapter 43 / Article 1 / Section 44-43-50
SECTION 44-43-50. Immunity.
Status: in_force

The Department of Motor Vehicles, its officers, and employees are immune from any civil liability for any acts or omissions in carrying out the provisions of Section 44-43-40.
S.C. Code Ann. § 44-7-1560 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1560
SECTION 44-7-1560. Refunding of bonds.
Status: in_force

(1) Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the county, but only with the approval of the Authority being first obtained, by the issuance of its refunding bonds in such amounts as the county board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any interest then or thereafter to become due (prior to the date when all outstanding bonds shall be paid) and any premium, expenses and commissions necessary to be paid in connection therewith. (2) Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. (3) Except as provided in paragraph (4) of this section, all refunding bonds issued under the authority of this article shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. The power to issue refunding bonds herein granted includes the power to effect a refunding in advance of the maturity or earliest redemption date of the bonds being refunded; provided, that no refunding shall be effected more than eight years prior to the maturity or earliest redemption date of the bonds being refunded. (4) Any loan agreement made for the purpose of securing refunding bonds may provide: (a) That any leasehold estate granted thereby shall become effective as of the occasion of the termination of any existing leasehold estate; (b) That prior to the time when lease rental payments become due, the then holder of any leasehold estate created by the loan agreement securing the outstanding bonds shall be unconditionally obligated to pay, as and when they become due and payable, amounts sufficient to pay the principal, interest and redemption premiums, if any, on the refunding bonds; (c) For an irrevocable agreement on the part of the county to call for redemption on the earliest available redemption date all of the bonds to be refunded which do not mature prior to such date; and (d) That the proceeds derived from the sale of the refunding bonds and any other funds that may be required shall be deposited forthwith in a trust account and invested in direct obligations of, or obligations guaranteed by, the United States of America, the corpus of which shall be applied to the payment of the principal, interest and redemption premium, if any, of the bonds being refunded. Any agreement between the county and the trustee of the trust account established pursuant to this paragraph may prescribe that income earned from investments of the corpus thereof be used or applied for any of the following purposes: (i) to the payment of the interest on the outstanding bonds; (ii) to the payment of interest on the refunding bonds until the redemption of the outstanding bonds; (iii) partially in accordance with (i) hereof and partially in accordance with (ii) hereof; and (iv) added in whole or in part to the corpus (and used in accordance with the provisions hereof relating to the use of corpus), with the balance of income, if any, being applied in accordance with any of (i), (ii) or (iii) hereof. (5) In the exercise of the powers herein granted to effect advance refundings, any county board may, but shall not be required to, avail itself of any of the provisions of the Advanced Refunding Act [Sections 11-21-10 to 11-21-80].
S.C. Code Ann. § 44-56-164 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-164
SECTION 44-56-164. Pinewood Development Authority; creation; composition; purpose; powers.
Status: in_force

(A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members: (1) the chairman of the Sumter County Council or a council member designated by the chairman; (2) the chairman of the Clarendon County Council or a council member designated by the chairman; (3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development; (4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development. (B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B).
S.C. Code Ann. § 44-10-60 — SC Code / Title 44 / Chapter 10 / Section 44-10-60
SECTION 44-10-60. State control.
Status: in_force

Each member state, within its jurisdiction, may enact legislation to suspend the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws, rules, regulations, and orders adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care will remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date, that member state shall be responsible for the associated funding obligations in its State.
S.C. Code Ann. § 44-53-1450 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1450
SECTION 44-53-1450. Regulations.
Status: in_force

The department may promulgate regulations as necessary to carry out the intent and provisions of this article.
S.C. Code Ann. § 44-61-100 — SC Code / Title 44 / Chapter 61 / Article 1 / Section 44-61-100
SECTION 44-61-100. Exemptions.
Status: in_force

The following are exempted from the provisions of this article: (A) ambulances owned and operated by the Federal Government; (B) a vehicle or vehicles, including associated personnel, rendering assistance to community ambulances in the case of a catastrophe when licensed ambulances in the locality are insufficient to render the required services; (C) the use of a privately or publicly owned vehicle, not ordinarily utilized in the transportation of persons who are sick, injured, or otherwise incapacitated and operating pursuant to Section 15-1-310 (Good Samaritan Act) in the prevention of loss of life and alleviation of suffering; (D) the use of out-of-state ambulance services and personnel to assist with treatment and transport of patients during a disaster or catastrophe when licensed services in the locality are insufficient to render the required services.
S.C. Code Ann. § 44-29-185 — SC Code / Title 44 / Chapter 29 / Section 44-29-185
SECTION 44-29-185. Adolescent cervical cancer vaccinations.
Status: in_force

(A)(1) Beginning with the 2016-2017 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students. Adolescent students include children enrolling in the seventh grade in any school, public, private, or home schooling program in this State. (2) No student is required to have the cervical cancer vaccination series before enrolling in or attending school. Consent of a parent or guardian is required for a student to receive the cervical cancer vaccination from the department, except as provided under Section 63-5-340. (B)(1) The department may develop and provide, to each school and home schooling program whose grade levels include grade six, informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically must state the benefits and side effects of the cervical cancer vaccination series and that the vaccination series is optional. The brochure must encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated. At the beginning of the school year, each school and home schooling program may provide this informational brochure to the parents or guardians of all students in the sixth grade. (2) The department shall disclose the benefits, adverse risks, and side effects of the adolescent vaccination series offered, which must take into account medical findings by the health care profession in this State, another state, or any other country. The department shall encourage the parent or guardian of a student to take the child to the child's own health care provider for a full discussion of the benefits and side effects of receiving any adolescent vaccination series. (C) For the purposes of this section "cervical cancer vaccination series" means the human papillomavirus vaccination series. (D) Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccination series to eligible students as well as the availability of funds to produce the informational brochure provided for in subsection (B)(1). (E) The department may not contract with a health care provider to offer the vaccination series if the health care provider performs abortions. Editor's Note 2016 Act No. 151, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Cervical Cancer Prevention Act'."
S.C. Code Ann. § 44-33-350 — SC Code / Title 44 / Chapter 33 / Article 3 / Section 44-33-350
SECTION 44-33-350. Revocation of registration.
Status: in_force

A patient, or the patient's parent or caregiver if the patient is a minor or is incapacitated, may revoke the registration at any time by notifying the department in accordance with procedures established by the department.
S.C. Code Ann. § 44-5-100 — SC Code / Title 44 / Chapter 5 / Section 44-5-100
SECTION 44-5-100. Adoption of rules and regulations.
Status: in_force

The state agency, with the advice of the SHCC, shall adopt such regulations as are reasonable and necessary in order to effectuate the provisions of this chapter.
S.C. Code Ann. § 44-56-440 — SC Code / Title 44 / Chapter 56 / Article 4 / Section 44-56-440
SECTION 44-56-440. Registration; fees; certificate of registration; purchase of solvent.
Status: in_force

(A)(1) The owner or operator of a drycleaning facility shall register with and pay initial registration fees to the Department of Revenue for each drycleaning facility in operation, and pay annual or quarterly renewal registration fees as established by the Department of Revenue. The fee must be accompanied by a notarized certification from the owner or operator of the drycleaning facility, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner or operator of the drycleaning facility for the twelve-month period preceding payment of the fee. (2)(a) The property owner of the drycleaning facility may register the site if the owner or operator of the drycleaning facility does not register a site under the provisions of this section. Upon registration by the property owner, the owner or operator of the drycleaning facility must be notified by the Department of Revenue of the registration, and the owner or operator of the drycleaning facility shall comply with all applicable provisions of this article, including the payment of subsequent renewal fees imposed under subsection (B). (b) The property owner shall obtain a notarized certification from the owner or operator of the drycleaning facility, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner or operator of the drycleaning facility and his dry drop-off facilities for the twelve-month period preceding payment of the fee and shall remit the fee imposed pursuant to subsection (B). If the property owner is unable to obtain information as to the number of employees at the site, the property owner shall remit the fee imposed pursuant to subsection (B)(3) in order to register the site. (B) An initial and annual registration fee for each drycleaning facility with: (1) up to four employees is seven hundred fifty dollars; (2) five to ten employees is one thousand five hundred dollars; (3) eleven or more employees is two thousand two hundred fifty dollars. A drycleaning facility that possesses a drycleaning facility exemption certificate issued pursuant to Section 44-56-425 is exempt from the fee imposed pursuant to this section. (C) Each drycleaning facility registered in accordance with this section must be issued an annual drycleaner's certificate of registration by the Department of Revenue. The certificate of registration authorized pursuant to this section is valid beginning the first day of October following the registration and ending on the last day of the following September. In the case of a new drycleaning facility registered in accordance with this section, the certificate of registration authorized pursuant to this section is valid beginning on the day it is issued and ending on the last day of the following September. (D) In order to purchase or receive drycleaning solvent from a wholesale supply facility or another drycleaning facility, a drycleaning facility shall provide the supplier of drycleaning solvent a copy of its current certificate of registration or drycleaning facility exemption certificate issued pursuant to Section 44-56-425, whichever is applicable. (E) Drycleaning solvent only must be purchased from a solvent supplier who is registered pursuant to Section 44-56-460(B). (1) A wholesale supply facility is prohibited from selling or transferring drycleaning solvent to any drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425. (2) A drycleaning facility is prohibited from selling or transferring drycleaning solvent to any other drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425. This prohibition applies even if the same person owns or operates both drycleaning facilities. (3) A drycleaning facility not in possession of a current certificate of registration or a drycleaning facility exemption certificate issued pursuant to Section 44-56-425, is prohibited from purchasing or receiving drycleaning solvent. Editor's Note Prior Laws: Former SECTION 44-56-440 was titled Moratorium established on administrative and judicial actions by department, and had the following history: 1995 Act No. 119, SECTION 1; 2000 Act No. 317, SECTION 2; 2004 Act No. 237, SECTION 5, eff May 24, 2004; 2009 Act No. 14, SECTION 1, eff May 6, 2009.
S.C. Code Ann. § 44-22-150 — SC Code / Title 44 / Chapter 22 / Section 44-22-150
SECTION 44-22-150. Restraint; seclusion; physical coercion.
Status: in_force

(A) No patient residing in a mental health or alcohol and drug abuse facility may be subjected to mechanical restraint, seclusion, or a form of physical coercion or restraint unless the action is authorized in writing by the attending or on-call physician as being required by the medical needs of the patient and unless the use of the restraint is a last resort in treatment. (B) Each use of a restraint or seclusion and justification for it, including a reasonably specific description of the actions by the patient that warranted restraint or seclusion, must be entered into the clinical record of the patient. These authorizations are not valid for more than twenty-four hours during which the patient's condition must be charted at fifteen-minute intervals. If the orders are extended beyond the twenty-four hours, the extension must have written authorization and justification by the attending physician and then only after he has interviewed and evaluated the patient on an individual basis. Within twenty-four hours a copy of the authorization and justification must be forwarded to the facility supervisor for review. Patients under mechanical restraint must have the restraints removed at least every two hours for motion and exercise. Mechanical restraint must be employed to lessen the possibility of physical injury and to ensure the least possible discomfort. In an emergency such as the occurrence of, or serious threat of, extreme violence, injury to others, personal injury, or attempted suicide, if the director of the facility or the attending physician is not available, designated staff may authorize, in writing, mechanical restraint, seclusion, or physical restraint as necessary. The use must be reported immediately to the director or attending physician who shall authorize its continuance or cessation and shall make a written record of the reasons for the use and of his review. The record and review must be entered into the patient's record. The facility must have written policies and procedures governing the use of mechanical restraints, seclusion, and physical restraints and clearly delineate, in descending order, the personnel who may authorize the use of restraints in emergency situations. The authorization must be posted on each ward. (C) "Restraint" shall not include medical protective devices used as a regular part of medical, diagnostic, or surgical procedures, used to posturally support a patient, or used to obtain or maintain normative bodily functioning.
S.C. Code Ann. § 44-41-80 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-80
SECTION 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.
Status: in_force

(a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed. (b) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her. Editor's Note 2023 Act No. 70, SECTIONS 11 and 12, provide as follows: "SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives. "SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients." Effect of Amendment 2023 Act No. 70, SECTION 9, deleted (b), which related to penalties for any woman who solicited or submitted to an unlawful abortion, and redesignated former (c) as (b).
S.C. Code Ann. § 44-55-270 — SC Code / Title 44 / Chapter 55 / Article 3 / Section 44-55-270
SECTION 44-55-270. Closing illegal privies.
Status: in_force

If an officer or an inspector of the Department of Health and Environmental Control shall find a privy which is not constructed in accordance with the provisions of this article or not being maintained in a sanitary manner and in accordance with the rules and regulations of the Department he shall securely fasten on the privy a notice reading, "Unsanitary, Unlawful To Use."
S.C. Code Ann. § 44-56-180 — SC Code / Title 44 / Chapter 56 / Article 1 / Section 44-56-180
SECTION 44-56-180. Hazardous Waste Contingency Fund; suspension or reduction of fees on accumulation of fund.
Status: in_force

(a) In determining the use of the fund for a particular governmental response action, the department shall consider the relative risk of danger to public health or welfare or the environment and the hazard potential of the substances involved including potential for fire, explosions, release of harmful air contaminants, direct human contact, contamination of surface water or groundwater including those used for drinking water supplies, and damages to sensitive ecosystems. With approval of the Hazardous Waste Management Select Oversight Committee, as established under Section 44-56-840, funds specified for governmental response actions must be available to the department for personnel and operating costs to implement its program for conducting these response actions. The department must, concurrent with taking a governmental response action, initiate the appropriate administrative action to exhaust any applicable liability insurance or other financial assurance mechanisms which have been provided by the responsible party and, where appropriate, funds available through P.L. 96-510. Use of the Fund for a response action is not stayed by any action for recovery. The department must initiate any legal actions which reasonably may result in recovery from the parties liable for the conditions necessitating the response action. Any funds recovered in relation to a response action from whatever source are to be placed in the Fund. (b) The Department shall annually make a report to the General Assembly on the activities and response actions that have been carried out under the auspices of the Contingency Fund. The Department shall annually provide a report to the committees of each House with oversight of industry and natural resources on its program to identify and clean up uncontrolled hazardous waste sites. The appropriate committees shall have the authority to study the transportation and disposal of hazardous waste in South Carolina.
S.C. Code Ann. § 44-52-210 — SC Code / Title 44 / Chapter 52 / Section 44-52-210
SECTION 44-52-210. Comprehensive program for chemically dependent persons.
Status: in_force

The Division shall establish a comprehensive and coordinated program of treatment for chemically dependent persons utilizing, to the extent financial resources allow, services of other state agencies, local facilities, and private treatment facilities. The program may include: (1) emergency treatment provided by a physician affiliated with or part of the medical service of a general hospital; (2) inpatient treatment; and (3) outpatient treatment and follow-up treatment, or all of them. The Division may contract for the use of any public or private facility as an approved treatment facility if the Division, subject to the approval of the Department of Behavioral Health and Developmental Disabilities, considers this to be an effective and economical course to follow. 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. § 44-7-2520 — SC Code / Title 44 / Chapter 7 / Article 21 / Section 44-7-2520
SECTION 44-7-2520. Definitions.
Status: in_force

As used in this article unless the context otherwise requires: (1) "Department" means the agency designated as lead agency by the Governor by Executive Order pursuant to Subchapter VIII, Chapter 33, Title 20, U. S. Code Annotated. (2) "Infants and toddlers with disabilities" means children from birth through two years of age in need of early intervention services due to measurable delays in cognitive development, physical development, communication, psychosocial development, or self-help skills, or due to a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. (3) "Early intervention services" are services designed to meet the developmental needs of infants and toddlers with disabilities, provided in conformity with an individualized family service plan under public supervision by qualified personnel. They include, but are not limited to, family training, counseling and home visits, special instruction, speech pathology and audiology, occupational therapy, physical therapy, psychological services, service coordination, medical services only for diagnostic or evaluation purposes, early identification, screening and assessment services, health services necessary to enable the infant or toddler to benefit from the other early intervention services, and transportation services. (4) "Council" means the State Interagency Coordinating Council which must be established in conformance with federal regulations.
S.C. Code Ann. § 44-44-30 — SC Code / Title 44 / Chapter 44 / Section 44-44-30
SECTION 44-44-30. South Carolina Birth Defects Program established; public health monitoring and referral.
Status: in_force

(A) There is established the South Carolina Birth Defects Program within the Department of Health and Environmental Control to promote increased understanding of birth defects, prevent and reduce birth defects, and assist families with children who have birth defects. (B) As part of this program, the department shall conduct public health monitoring, make appropriate referrals and provide other interventions related to birth defects. Information obtained pursuant to this subsection must be used for: (1) public health and epidemiology purposes in which incidence, distribution, causes, risk factors, and trends may be studied. This data may be published and made accessible for education and research purposes. This information must be released in aggregate form only without identifying information; (2) referral for service and treatment purposes so that referrals of the individual child and family may be facilitated for optimal care. The department or its employees must not provide referral services or counseling for the purpose of pregnancy termination by induced abortion, nor use any funds under this program for services or counseling for the purpose of pregnancy termination by induced abortion. Referral information is confidential and must be maintained in accordance with Section 44-44-140. Editor's Note 2004 Act No. 281, SECTION 2, provides as follows: "The provisions of this act are severable except for the provisions of Section 44-44-30(B)(2). If a court determines that the provisions of Section 44-44-30(B)(2) are unconstitutional, invalid, or unenforceable, the remaining provisions of this act are deemed void."
S.C. Code Ann. § 44-26-60 — SC Code / Title 44 / Chapter 26 / Section 44-26-60
SECTION 44-26-60. Health care decisions of minor clients.
Status: in_force

(A) If the client is a minor, the decisions concerning his health care must be made by the following persons in the following order of priority: (1) legal guardian; (2) parent; (3) grandparent or adult sibling; (4) other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the client; (5) other person who reasonably is believed by the health care professional to have a close personal relationship with the client; (6) authorized designee of the Office of Intellectual and Developmental Disabilities. (B) If persons of equal priority disagree on whether certain health care must be provided to a client who is a minor, a person authorized in subsection (A), a health care provider involved in the care of the client, or another person interested in the welfare of the client may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian. (C) Priority under this section must not be given to a person if a health care provider, responsible for the care of a client who is unable to consent, determines that the person is not reasonably available, is not willing to make health care decisions for the client, or is unable to consent as defined in Section 44-66-20 of the Adult Health Care Consent Act. (D) In an emergency health care may be provided without consent pursuant to Section 44-66-40 of the Adult Health Care Consent Act to a person found incompetent to consent to or refuse major medical treatment or who is incapacitated solely by virtue of minority. 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 4, in (C), substituted "Section 44-66-20" for "Section 44-66-20(6)".
S.C. Code Ann. § 44-38-10 — SC Code / Title 44 / Chapter 38 / Article 1 / Section 44-38-10
SECTION 44-38-10. Head and Spinal Cord Injury Information System created; purpose.
Status: in_force

There is created the South Carolina Head and Spinal Cord Injury Information System to provide a central information surveillance system and registry for head and spinal cord injuries.
S.C. Code Ann. § 44-69-70 — SC Code / Title 44 / Chapter 69 / Section 44-69-70
SECTION 44-69-70. Annual inspections.
Status: in_force

Each home health agency for which a license has been issued shall be inspected by an authorized representative of the department at least once a year. Such inspections shall be for the purpose of ensuring that the provisions of this chapter are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.
S.C. Code Ann. § 44-61-650 — SC Code / Title 44 / Chapter 61 / Article 6 / Section 44-61-650
SECTION 44-61-650. Stroke System of Care Advisory Council; members; terms; responsibility; service without compensation; progress report.
Status: in_force

(A) There is established a Stroke System of Care Advisory Council to be appointed by the director of the department. Representation on the council must be as geographically diverse as possible and composed of, but not limited to, knowledgeable and experienced individuals from the following areas: (1) a hospital administrator, or designee, from a primary stroke center, upon the recommendation of the South Carolina Hospital Association; (2) a hospital administrator, or designee, from a hospital with a stroke telemedicine program that is not a primary stroke center upon the recommendation of the South Carolina Hospital Association; (3) a hospital administrator, or designee, from a hospital capable of providing emergent stroke care as levels of nationally recognized, disease-specific certification or accreditation programs become available, upon the recommendation of the South Carolina Hospital Association; (4) a licensed neurologist from a primary stroke center, upon the recommendation of the South Carolina Medical Association; (5) a licensed emergency department physician who also serves as an emergency medical services medical director from a hospital capable of providing emergent stroke care, upon the recommendation of the South Carolina Chapter of the College of Emergency Physicians; (6) a licensed emergency medical services agency representative, upon the recommendation of the South Carolina Emergency Medical Services Advisory Council of the Department of Health and Environmental Control; (7) a licensed emergency medical services agency representative, upon the recommendation of the South Carolina Emergency Medical Services Association; (8) a licensed air ambulance representative, upon the recommendation of the South Carolina Association of Air Medical Services; (9) a representative from a rehabilitation facility that provides comprehensive inpatient post-acute stroke services, upon the recommendation of the South Carolina Hospital Association; (10) an acute stroke patient advocate; and (11) a representative from the American Stroke Association. (B) Members shall serve terms of three years and may be reappointed. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The director shall appoint the chairman of the council from the membership of the council, and council members may select a vice chairman from their membership. The council shall meet at least twice a year or at the call of the chairman. (C) The Stroke Advisory Council is responsible for advising the department on the development and implementation of a statewide system of stroke care in accordance with this article. (D) Members of the council shall serve without compensation, mileage, per diem, or subsistence. (E) The director shall provide a formal progress report of the status of this statewide system of stroke care to the General Assembly no later than January 15, 2014.
S.C. Code Ann. § 44-4-320 — SC Code / Title 44 / Chapter 4 / Article 3 / Section 44-4-320
SECTION 44-4-320. Powers and duties regarding safe disposal of human remains.
Status: in_force

(A) DHEC must coordinate with coroners, medical examiners, and funeral directors, for such period as the state of public health emergency exists, to exercise, in addition to existing powers, the following powers regarding the safe disposal of human remains: (1) to take possession or control of any human remains which cannot be safely handled otherwise; (2) to order the disposal of human remains of a person who has died of an infectious disease through burial or cremation within twenty-four hours after death; (3) to require any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State to accept any human remains or provide the use of its business or facility if these actions are reasonable and necessary for emergency response. When necessary during the period of time of the public health emergency, DHEC must coordinate with the business or facility on the management or supervision of the business or facility; and (4) to procure, by order or otherwise, any business or facility authorized to embalm, bury, cremate, inter, disinter, transport, and dispose of human remains under the laws of this State as may be reasonable and necessary for emergency response, with the right to take immediate possession thereof. (B) Where possible, existing provisions set forth in the State Emergency Operations Plan for the safe disposal of human remains must be used in a public health emergency. Where the State Emergency Operations Plan is not sufficient to handle the safe disposal of human remains for a public health emergency, DHEC, in coordination with coroners, medical examiners, and funeral directors, must adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary for emergency response. These measures may be related to procedures including, but not limited to, death certificates, autopsies, embalming, burial, cremation, interment, disinterment, transportation, and disposal of human remains. (C) All human remains prior to disposal must be clearly labeled with all available information to identify the decedent and the circumstances of death. Any human remains of a deceased person with an infectious disease must have an external, clearly visible tag indicating that the human remains are infected and, if known, the infectious disease. (D) Every person in charge of disposing of any human remains must maintain a written record of each set of human remains and all available information to identify the decedent and the circumstances of death and disposal. If the human remains cannot be identified, prior to disposal, a qualified person must, to the extent possible, take fingerprints and one or more photographs of the human remains, and collect a DNA specimen. All information gathered under this paragraph must be promptly forwarded to DHEC. Identification must be handled by the agencies that have laboratories suitable for DNA identification.
S.C. Code Ann. § 44-8-10 — SC Code / Title 44 / Chapter 8 / Section 44-8-10
SECTION 44-8-10. Targeted community program for dental health education, screening, and treatment referral in public schools; coordination of efforts; promulgation of regulations; Acknowledgment of Dental Screening.
Status: in_force

The Department of Health and Environmental Control shall implement a targeted community program for dental health education, screening, and treatment referral in the public schools for children in kindergarten, third, seventh, and tenth grades or upon entry into a South Carolina school. The department shall target three to five counties of need. The program must seek collaboration from local school districts, other governmental entities, school nurses, and dentists to coordinate federal Medicaid assistance and any volunteer efforts to reduce costs to the State to the extent practicable. Program guidelines must be promulgated in regulations and must include procedures for screenings and for the issuance of an Acknowledgment of Dental Screening for a child indicating that the child has had the dental screening. These guidelines also must provide that the screenings required by this section be made by an authorized provider at no charge.
S.C. Code Ann. § 44-99-50 — SC Code / Title 44 / Chapter 99 / Section 44-99-50
SECTION 44-99-50. Anaphylaxis training program.
Status: in_force

(A) An employee, agent, or other individual described in Section 44-99-30 or 44-99-40, before undertaking an act authorized by this chapter, shall complete an anaphylaxis training program and must complete an anaphylaxis training program at least every two years following completion of the initial anaphylaxis training program. The training must be conducted by the South Carolina Department of Health and Environmental Control, a licensed medical provider, a nationally recognized organization experienced in training laypersons in emergency health treatment, the manufacturer of an epinephrine auto-injector, an organization with a training program that has been approved in at least three states, or an entity or individual approved by the department. The department also may approve specific entities or individuals or may approve classes of entities or individuals to conduct training. (B) Training may be conducted online or in person and, at a minimum, must address: (1) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; (2) standards and procedures for the storage and administration of an epinephrine auto-injector; and (3) emergency follow-up procedures. (C) The entity that conducts the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The certificate, at a minimum, must include: (1) the name of the organization or individual conducting the training; (2) the name of the individual being trained; and (3) the date the training occurred.
S.C. Code Ann. § 44-122-60 — SC Code / Title 44 / Chapter 122 / Section 44-122-60
SECTION 44-122-60. External evaluation to determine effectiveness of initiatives and county's efforts to reduce adolescent pregnancies.
Status: in_force

An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department, and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors.
S.C. Code Ann. § 44-49-20 — SC Code / Title 44 / Chapter 49 / Article 1 / Section 44-49-20
SECTION 44-49-20. Office director; appointment.
Status: in_force

The Office of Substance Use Services shall be headed by an office director appointed by the Director of the Department of Behavioral Health and Developmental Disabilities pursuant to Section 44-12-50(B)(1). 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 2025 Act No. 3, SECTION 11, rewrote the section, deleting a reference to the Department of Alcohol and Other Drug Abuse Services and eliminating the Governor's power to appoint the director.
S.C. Code Ann. § 44-38-370 — SC Code / Title 44 / Chapter 38 / Article 3 / Section 44-38-370
SECTION 44-38-370. Eligibility criteria for case management services.
Status: in_force

A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that: (1) is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging; (2) is likely to continue indefinitely without intervention; (3) results in substantial functional limitations in at least two of these life activities: (a) self-care; (b) receptive and expressive communication; (c) learning; (d) mobility; (e) self-direction; (f) capacity for independent living; (g) economic self-sufficiency; and (4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
S.C. Code Ann. § 44-5-60 — SC Code / Title 44 / Chapter 5 / Section 44-5-60
SECTION 44-5-60. Meetings of council.
Status: in_force

The SHCC and any of its advisory committees shall conduct all of its business meetings in public and the SHCC shall meet at least once in each calendar quarter of a year.
S.C. Code Ann. § 44-41-50 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-50
SECTION 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.
Status: in_force

(A) No physician, nurse, technician, medical student, or other employee of a hospital, clinic or physician shall be required to recommend, perform or assist in the performance of an abortion if he advises the hospital, clinic or employing physician in writing that he objects to performing, assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor. (B) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages allegedly arising from such refusal. (C) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall because of that refusal be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by the hospital or clinic with which he is affiliated or by which he is employed. A civil action for damages or reinstatement of employment, or both, may be prosecuted by any person whose employment or affiliation with a hospital or clinic has been altered or terminated in violation of this chapter. (D) Any physician who performs an abortion shall also provide, for proper compensation, necessary aftercare for his patient unless released by the patient in writing. The extent of aftercare required shall be that care customarily provided by physicians in such cases in accordance with accepted medical practice. Effect of Amendment 2022 Act No. 235, SECTION 3, redesignated (a) to (d) as (A) to (D), and in (A), (B), and (C), inserted ", medical student," following "technician".
S.C. Code Ann. § 44-7-530 — SC Code / Title 44 / Chapter 7 / Article 4 / Section 44-7-530
SECTION 44-7-530. Cooperative agreements.
Status: in_force

A health care provider, health care purchaser, or health provider network may negotiate and enter into cooperative agreements with other health care providers or health provider networks or health care purchasers if the likely benefits resulting from the agreements outweigh any likely disadvantages resulting from the agreements. Parties to a cooperative agreement may apply to the department for a certificate of public advantage. The application must include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any monetary or other consideration passing to a party under the agreement including change of ownership, merger, or other change in control of the assets of either party. Information obtained by the department under this section must be available to the public unless the department certifies the information as being proprietary. The department may make this certification where a person shows to the satisfaction of the department that the information should be proprietary. The department may require an application fee from the submitting parties sufficient to cover the cost of processing the application.
S.C. Code Ann. § 44-7-325 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-325
SECTION 44-7-325. Fee for search and duplication of medical record; time limits for compliance with request for record.
Status: in_force

(A)(1) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, whether in paper format or electronic format, but the fee may not exceed: (a) for records requested to be produced in an electronic format, the total charge to the requestor may not exceed one hundred fifty dollars per request regardless of the number of records produced or number of times the patient has been admitted to the health care facility. The charge, not to exceed one hundred fifty dollars, shall be calculated as follows: sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed a total of one hundred fifty dollars per request, and to which may be added actual postage and applicable sales tax; (b) for paper requests, sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page print costs may not exceed two hundred dollars per admission to the health care facility, and to which may be added actual postage and applicable sales tax. The patient may have more than one admission on file when the record request is made. If multiple admissions exist, the print fee applies per admission, but only one clerical fee may be charged. Multiple emergency room records without an admission to the hospital are considered one admission; (c) notwithstanding whether the records are requested in print or electronic format, the search and handling fees in subitems (a) and (b) are permitted even though no medical record is found as a result of the search, except where the request is made by the patient; and (d) all of the fees allowed by this section, including the maximum, must be adjusted annually in accordance with the Consumer Price Index for all Urban Consumers, South Region (CPI-U), published by the U.S. Department of Labor. The Department of Health and Environmental Control is responsible for calculating this annual adjustment, which is effective on July first of each year, starting July 1, 2015. (2) Notwithstanding the provisions of subsection (A), no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care. (3) The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication. (B) Except for those requests for medical records pursuant to Section 42-15-95: (1) A health care facility shall comply with a request for copies of a medical record: (a) no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later; and (b) in a printed format or in an electronic format if requested to be delivered in electronic format, but only if the record is stored in an electronic format at the time of the request and the health care facility has the ability to produce the medical record in an electronic format without incurring additional cost. (2) Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient.
S.C. Code Ann. § 44-38-340 — SC Code / Title 44 / Chapter 38 / Article 3 / Section 44-38-340
SECTION 44-38-340. Duties of department.
Status: in_force

The Office of Intellectual and Developmental Disabilities shall: (1) develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan; (2) receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population; (3) identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery; (4) develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies; (5) in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan; (6) seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan; (7) evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community; (8) promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation; (9) promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries; (10) serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources; (11) determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct an assessment of services needed, and provide appropriate case management based on an individualized treatment plan designed to meet the specific needs of the person; (12) develop policies and procedures to be used by the case managers to ensure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy; (13) develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries; (14) coordinate the delivery of services and ensure that services are appropriate and delivered in a timely manner; (15) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity. 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. § 44-53-1630 — SC Code / Title 44 / Chapter 53 / Article 15 / Section 44-53-1630
SECTION 44-53-1630. Definitions.
Status: in_force

As used in this article: (1) "Authorized delegate" means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist. (2) "Controlled substances" means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270. (3) "Dispenser" means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include: (a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital; (b) a practitioner or other authorized person who administers these controlled substances; or (c) a wholesale distributor of a Schedule II-IV controlled substance. (4) "Drug control" means the Department of Health and Environmental Control, Bureau of Drug Control. (5) "Patient" means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both. (6) "Practitioner" means an individual authorized pursuant to state and federal law to prescribe controlled substances. Effect of Amendment 2017 Act No. 91, SECTION 2, in the introductory paragraph, substituted "article" for "section"; redesignated (5), relating to the definition of authorized delegate, as (1), and redesignated accordingly; and added (6), relating to the definition of practitioner.
S.C. Code Ann. § 44-17-570 — SC Code / Title 44 / Chapter 17 / Article 7 / Section 44-17-570
SECTION 44-17-570. Conduct of hearing.
Status: in_force

All persons 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 any other person. The court may exclude all persons not necessary for the conduct of the proceedings. The person for whom the hearing is being held shall have the right to be present at the commitment hearing and such right may be waived only by him or his attorney. The court may in its discretion cause the hearing to be held in any 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 person concerned is best served by conducting the hearing in a location other than the probate court. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person. The court shall in receiving evidence follow the rules of evidence applicable to the probate courts of this State. If the person is indigent he shall have the right to a free transcript of the record of the proceedings.
S.C. Code Ann. § 44-130-20 — SC Code / Title 44 / Chapter 130 / Section 44-130-20
SECTION 44-130-20. Definitions.
Status: in_force

For purposes of this chapter: (1) "Caregiver" means a person who is not at risk of an opioid overdose but who, in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by Section 44-130-30 on the indications for and administration of an opioid antidote. (2) "Community distributor" means an organization, either public or private, which provides substance use disorder assistance and services, such as counseling, homeless services, advocacy, harm reduction, alcohol and drug screening, and treatment to individuals at risk of experiencing an opioid-related overdose. (3) "Department" means the Department of Health and Environmental Control. (4) "Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or other substance with which a controlled substance was combined and that a layperson would reasonably believe to require medical assistance. (5) "First responder" means an emergency medical services provider, a law enforcement officer, or a fire department worker directly engaged in examining, treating, or directing persons during an emergency. (6) "Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose. (7) "Opioid antidote" means naloxone hydrochloride or other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (8) "Pharmacist" means an individual licensed pursuant to Chapter 43, Title 40 to engage in the practice of pharmacy. (9) "Prescriber" means a physician licensed pursuant to Chapter 47, Title 40, an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter, and a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article. Effect of Amendment 2018 Act No. 169, SECTION 2, inserted (2), relating to the definition of "Community distributor", and redesignated (2) to (8) as (3) to (9).
S.C. Code Ann. § 44-43-1000 — SC Code / Title 44 / Chapter 43 / Article 11 / Section 44-43-1000
SECTION 44-43-1000. Documentation required in medical records of patients identified as potential donors.
Status: in_force

The following must be documented in the medical records of patients identified as potential organ or tissue donors: (1) why a family is not contacted to request organ or tissue donation; (2) when a family is contacted to request organ or tissue donation and the outcome of the contact; (3) disposition of a referral to a procurement agency, including acceptance or rejection by the agency. The appropriate procurement agency shall notify the referring hospital of the disposition; (4) other documentation as may be required by federal or state law or regulation.
S.C. Code Ann. § 44-63-20 — SC Code / Title 44 / Chapter 63 / Section 44-63-20
SECTION 44-63-20. Establishment of bureau of vital statistics; system for registration of births and deaths.
Status: in_force

The Department of Health and Environmental Control shall establish a bureau of vital statistics and provide an adequate system for the registration and certification of births, deaths, marriages, and divorces by formulating, promulgating, and enforcing regulations prescribing the method and form of making the registration and certification.
S.C. Code Ann. § 44-53-1645 — SC Code / Title 44 / Chapter 53 / Article 15 / Section 44-53-1645
SECTION 44-53-1645. Requirement to review patient's prescription history.
Status: in_force

(A) A practitioner, or the practitioner's authorized delegate, shall review a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient pursuant to Section 44-130-60 or 44-130-80, as maintained in the prescription monitoring program, before the practitioner issues a prescription for a Schedule II controlled substance. If an authorized delegate reviews a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient as provided in this subsection, the practitioner must consult with the authorized delegate regarding the prescription and opioid antidote administering history before issuing a prescription for a Schedule II controlled substance. The consultation must be documented in the patient's medical record. (B) The requirements of this section do not apply to: (1) a practitioner issuing a prescription for a Schedule II controlled substance to treat a hospice-certified patient; (2) a practitioner issuing a prescription for a Schedule II controlled substance that does not exceed a five-day supply for a patient; (3) a practitioner prescribing a Schedule II controlled substance for a patient with whom the practitioner has an established relationship for the treatment of a chronic condition; however, the practitioner must review the patient's controlled substance history maintained in the prescription monitoring program at least every three months; (4) a practitioner approving the administration of a Schedule II controlled substance by a health care provider licensed in South Carolina; (5) a practitioner prescribing a Schedule II controlled substance for a patient in a skilled nursing facility, nursing home, community residential care facility, or an assisted living facility and the patient's medications are stored, given, and monitored by staff; or (6) a practitioner who is temporarily unable to access the prescription monitoring program due to exigent circumstances; however, the exigent circumstances and the potential adverse impact to the patient if the prescription is not issued timely must be documented in the patient's medical record. (C) A practitioner is deemed to be in compliance with this section if the practitioner utilizes technology that automatically displays the patient's controlled substance prescription history from the prescription monitoring program in the practitioner's electronic medical record system. The practitioner must be able to demonstrate that this technology has been deployed in his practice, but no additional documentation is required in the patient's medical record. Editor's Note 2019 Act No. 65, preamble, provides as follows: "Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and "Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and "Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and "Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and "Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and "Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now, therefore, [text of act]." Effect of Amendment 2019 Act No. 65, SECTION 4, in (A), in the first sentence, inserted "and history of the administering of an opioid antidote to the patient pursuant to Section 44-130-60 or 44-130-80", and in the second sentence, inserted "and history of the administering of an opioid antidote to the patient as provided in this subsection" and "and opioid antidote administering".
S.C. Code Ann. § 44-53-1930 — SC Code / Title 44 / Chapter 53 / Article 19 / Section 44-53-1930
SECTION 44-53-1930. Limited immunity for overdose victim.
Status: in_force

(A) A person who experiences a drug or alcohol-related overdose and is in need of medical assistance may not be prosecuted for any of the offenses listed in Section 44-53-1920 if the evidence for prosecution was obtained as a result of the drug or alcohol-related overdose and need for medical assistance. (B) A person described in Section 44-53-1920 must use his or her own name when contacting authorities, and fully cooperate with law enforcement and medical personnel.
S.C. Code Ann. § 44-43-450 — SC Code / Title 44 / Chapter 43 / Article 6 / Section 44-43-450
SECTION 44-43-450. Short title.
Status: in_force

This act may be cited as the Uniform Determination of Death Act.
S.C. Code Ann. § 44-34-60 — SC Code / Title 44 / Chapter 34 / Section 44-34-60
SECTION 44-34-60. Inspections and complaint investigations; display of license; verification of age and parental consent; actions by under-age recipients.
Status: in_force

(A) The department may conduct unannounced inspections or complaint investigations of the locations at which tattooing, as applicable to this chapter, is being performed. (B) Each tattoo facility location must conspicuously display in a public area on the premises of the licensed tattoo facility: (1) a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form utilized by a tattoo artist. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site; (2) the tattoo facility license issued by the department. (C) A tattoo artist must verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, "picture identification" means: (1) a valid driver's license; or (2) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section. (D) A person who has his or her body tattooed while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.
S.C. Code Ann. § 44-1-140 — SC Code / Title 44 / Chapter 1 / Section 44-1-140
SECTION 44-1-140. Department may promulgate and enforce rules and regulations for public health.
Status: in_force

(A) The Department of Public Health may make, adopt, promulgate, and enforce reasonable rules and regulations from time to time requiring and providing for: (1) the thorough sanitation and disinfection of all passenger cars, sleeping cars, steamboats, and other vehicles of transportation in this State and all convict camps, penitentiaries, jails, hotels, schools, and other places used by or open to the public; (2) the sanitation of hotels, restaurants, cafes, drugstores, hot dog and hamburger stands, and all other places or establishments providing eating or drinking facilities and all other places known as private nursing homes or places of similar nature, operated for gain or profit; (3) the safety and sanitation in the harvesting, storing, processing, handling and transportation of mollusks, fin fish, and crustaceans; (4) the safety, safe operation and sanitation of public swimming pools and other public bathing places, construction, tourist and trailer camps, and fairs; (5) the care, segregation, and isolation of persons having or suspected of having any communicable, contagious, or infectious disease; and (6) the thorough investigation and study of the causes of all diseases, epidemic and otherwise, in this State, the means for the prevention of contagious disease and the publication and distribution of such information as may contribute to the preservation of the public health and the prevention of disease. (B) The department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other danger to the public life and health. Effect of Amendment 2023 Act No. 60, SECTION 3.C, rewrote the section.
S.C. Code Ann. § 44-2-150 — SC Code / Title 44 / Chapter 2 / Section 44-2-150
SECTION 44-2-150. Superb Advisory Committee; establishment; purposes; composition; terms; officers; quorum; operating procedures; facilities; duties and responsibilities; reports.
Status: in_force

(A) There is established a Superb Advisory Committee to study the implementation and administration of the Superb program, including the Superb Account, the Superb Financial Responsibility Fund, and the regulatory requirements applicable to underground storage tanks; to make recommendations to the department and the General Assembly on ways to improve the efficiency of the program and to maximize available funds; and to advise the department on administration of the program. (B) The members of the committee must be appointed before August 1, 1994. (C) The committee shall consist of fourteen members, appointed by the commissioner of the department as follows: (1) one member representing the general public; (2) two members representing environmental organizations; (3) one member representing the South Carolina Petroleum Council; (4) one member representing the South Carolina Petroleum Marketers Association; (5) one member representing the South Carolina Service Station Dealers Association; (6) one member representing the South Carolina Chamber of Commerce; (7) one member representing the South Carolina Bankers Association; (8) one member representing a business that specializes in the assessment or remediation, or both, of contamination resulting from leaking underground storage tanks; (9) one member representing the South Carolina Department of Insurance; (10) one member representing the Department of Health and Environmental Control; (11) one member representing the State Department of Administration, Division of General Services; (12) one member representing the Municipal Association of South Carolina; and (13) one member representing the South Carolina Association of Counties. (D) The committee shall have the following duties and responsibilities: (1) to conduct an initial review of the management of the Superb Program and the Superb Financial Responsibility Fund and the availability of funds in the account and the fund and thereafter to monitor the management of the account and the fund; (2) to determine the success of the Superb program in achieving its statutory purpose of providing a means for the investigation and cleanup of spills, leaks, and other discharges from underground storage tanks without delay, which determination shall include a list of all sites cleaned up pursuant to the Superb program; (3) to review the administration of the Superb program and to determine the feasibility and desirability of maintaining or separating the function of environmental regulation from the function of administering the Superb Account and Superb Financial Responsibility Fund; (4) to make recommendations on the development of regulations for prioritizing sites; (5) to make recommendations on the development of regulations establishing reasonable site-specific cleanup goals and utilizing risk-based goals for corrective action; (6) to review the financial solvency of the Superb Account and to examine and make recommendations regarding alternative funding mechanisms; (7) to review the interaction between the Federal Trust Fund and the Superb Account; (8) to review and provide recommendations on standards and procedures to reduce time and costs to achieve site cleanup in a high quality and efficient manner; (9) to study and make recommendations regarding the feasibility of utilizing a competitive bidding process in any or all stages of the Superb program; (10) to study and make recommendations regarding the feasibility of the State's contracting with private entities to provide services for the program, such as having private insurers process compensation applications; (11) to make recommendations regarding actions the department could take to facilitate commercial lending activity involving Superb-qualified sites and; (12) to make recommendations regarding the development of an appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B). (E) Members of the committee shall serve for terms of two years and until their successors are appointed and qualify. The committee shall selection a chairman and vice-chairman. The committee shall adopt operating procedures, including attendance requirements. A majority of the members constitute a quorum to do business. The committee shall meet on the call of the chairman or of a majority of the members; however, the committee shall meet at least monthly before the date that its initial report required by subsection (F) is due. The department shall provide the necessary staff and the administrative facilities and services to the committee and shall cooperate fully with the committee, including providing information necessary for the committee to perform its functions. (F) Not later than December 16, 1994, the committee shall submit a report to the department and General Assembly addressing the issues identified in subsection (D) of this section. The report shall include recommendations for any statutory changes that the committee determines should be made in the Superb program and recommendations regarding regulations required to be promulgated pursuant to Section 44-2-50(B). (G) Following its initial report, the committee shall submit to the department and the General Assembly by the end of each calendar year an annual report which, at a minimum, shall address the financial status and viability of the Superb Account and the Superb Financial Responsibility Fund, the number of sites successfully remediated pursuant to the Superb program, the number of sites remaining to be remediated, and any statutory or regulatory changes that the committee recommends.
S.C. Code Ann. § 44-7-262 — SC Code / Title 44 / Chapter 7 / Article 3 / Section 44-7-262
SECTION 44-7-262. Minimum resident-staff ratios for nursing homes.
Status: in_force

(A) As a condition of licensure, in addition to the number of licensed nursing personnel required by R61-17, or any other regulation, a nursing home must provide at a minimum these resident-staff ratios for staff who provide nursing care: (1) 9 to 1 for shift 1; (2) 13 to 1 for shift 2; (3) 22 to 1 for shift 3. In those facilities utilizing two twelve-hour shifts, the staffing ratios for shift one apply to the twelve-hour shift occurring primarily during the day, and the staffing ratios for shift three apply to the twelve-hour shift occurring primarily during the night. (B) For purposes of this section: (1) "Shift 1" means a work shift that occurs primarily during the daytime hours including, but not limited to, a 7:00 a.m. to 3:00 p.m. shift; (2) "Shift 2" means a work shift that generally includes both daytime and evening hours including, but not limited to, a 3:00 p.m. to 11:00 p.m. shift; (3) "Shift 3" means a work shift that occurs primarily during the nighttime hours including, but not limited to, an 11:00 p.m. to 7:00 a.m. shift.
S.C. Code Ann. § 44-20-490 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-490
SECTION 44-20-490. Placement of client in employment situation; sheltered employment and training programs; compensation of clients.
Status: in_force

(A) When the Office of Intellectual and Developmental Disabilities determines that a client may benefit from being placed in an employment situation, the office shall regulate the terms and conditions of employment, shall supervise persons with intellectual disability, a related disability, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served. (B) The office may operate sheltered employment and training programs at its various facilities and in communities and may pay clients employed in these settings from earnings of the program or from other funds available for this purpose. (C) Clients who receive job training and employment services from the office must be compensated in accordance with applicable state and federal laws and regulations. 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. § 44-44-50 — SC Code / Title 44 / Chapter 44 / Section 44-44-50
SECTION 44-44-50. Monitoring birth defects.
Status: in_force

The department shall conduct active monitoring of birth defects, with selection procedures, and internal policy to be established in conjunction with recommendations from the advisory council.
S.C. Code Ann. § 44-74-60 — SC Code / Title 44 / Chapter 74 / Section 44-74-60
SECTION 44-74-60. Association registration; board composition, compensation, and powers.
Status: in_force

(A) The South Carolina Radiation Quality Standards Association must be registered with the South Carolina Secretary of State's Office as a nonprofit corporation and recognized as a tax exempt organization under Section 501(C) of the federal Internal Revenue Code. (B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated, who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a nonvoting representative from the South Carolina Department of Health and Environmental Control, ex officio, and from the Radiological Health Branch. (C) The members of the board shall be appointees from the above listed trade associations and the members of the board shall serve for a term to be established by the board. The members of the board shall serve without compensation. However, the board may establish rates for mileage, subsistence, and per diem to be paid to board members not to exceed the usual payments for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions. (D) The board is authorized to: (1) establish certification qualifications for each category of radiological technologist; (2) conduct certification examinations; (3) certify qualified radiological technologists; (4) establish and collect fees necessary to conduct certification examinations and administer the board; and (5) establish continuing education requirements and terms of re-certification.
S.C. Code Ann. § 44-122-50 — SC Code / Title 44 / Chapter 122 / Section 44-122-50
SECTION 44-122-50. Duties and responsibilities of the Department of Social Services, county governments, local interagency councils, contractors, and the Department of Health and Environmental Control.
Status: in_force

(A) The Department of Social Services shall: (1) disburse the funds pursuant to Section 44-122-60, upon receiving notification from the county government that a contractor has been selected and determining that the contract and the process by which it was awarded are in compliance with federal requirements; (2) evaluate the success of the initiatives funded under this chapter, as required by Section 44-122-60; (3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and (4) provide to each county government specific criteria required by this chapter. (B) County governments shall: (1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A). To access funds, the county government shall submit to the department the identity of the contractor, the amount of the contract, and a copy of the proposal; (2) choose from among the applicants recommended by the interagency council for the county or select an appropriate applicant if no interagency council exists. Nothing in this act requires the establishment of an interagency council; (3) develop criteria in addition to those stated herein or established by the department, as necessary, to meet specific local needs; and (4) monitor contractors' progress in meeting stated goals, objectives, and timeliness. (C) Local interagency councils shall review applications for an allocation of funds and recommend to the county government those applications that meet the standards and criteria as stated herein or established by the department or the county government. If no local interagency council exists in a county, the county government shall determine whether applications meet the standards and criteria. (D) Contractors shall: (1) comply with reporting, contracting, and evaluation requirements of the county government and the department; (2) define and maintain cooperative ties with other community institutions; (3) coordinate and collaborate with other community entities, including county Teen Companion Programs, that have an interest in positive youth development and adolescent risk behavior reduction; (4) obtain approval from the county government and the department insofar as compliance with federal regulations is concerned before making changes in program goals, objectives, and target populations; and (5) before the beginning of each fiscal year, submit to the county government for approval a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county government; (6) submit bi-annual summary program progress reports to the county government and the local interagency council, with copies to the department and the evaluator, beginning January 1, 2001, describing the status of the project and developments during the preceding six months. (E) The Department of Health and Environmental Control shall: (1) provide technical assistance and training to county governments and contractors, as needed, related to adolescent pregnancy prevention issues; and (2) if a community health assessment has been conducted in a county, share information with county governments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.
S.C. Code Ann. § 44-20-365 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-365
SECTION 44-20-365. Closing regional centers to be authorized by law.
Status: in_force

No regional center of the Office of Intellectual and Developmental Disabilities may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed. 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. § 44-53-1360 — SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1360
SECTION 44-53-1360. Program for early diagnosis of cases of childhood lead poisoning; examinations; records.
Status: in_force

(A) The department may establish a program for the early diagnosis of cases of childhood lead poisoning. The program must provide for systematic examination for lead poisoning of children at risk residing within the State. Examinations must be made by such means and at such intervals as the department determines to be medically necessary. The program must give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found. (B) When the department is notified of a case of lead poisoning, the department shall examine or refer for examination within thirty days all other children under six years of age, and other children as the department finds advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim or in a childcare facility occupied by the victim, unless the parents or guardian of the child objects to the examination because it conflicts with his or her religious beliefs or practices. The department shall maintain comprehensive records of all examinations conducted pursuant to this section. These records are strictly confidential and may not be released except as required by law or by court order.
S.C. Code Ann. § 44-93-230 — SC Code / Title 44 / Chapter 93 / Section 44-93-230
SECTION 44-93-230. Construction of infectious waste provisions.
Status: in_force

The provisions of Sections 44-93-210 and 44-93-220 must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of Sections 44-93-210 and 44-93-220 which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.
S.C. Code Ann. § 44-115-10 — SC Code / Title 44 / Chapter 115 / Section 44-115-10
SECTION 44-115-10. Short title.
Status: in_force

This chapter may be cited as the Physicians' Patient Records Act.
S.C. Code Ann. § 44-7-2060 — SC Code / Title 44 / Chapter 7 / Article 15 / Section 44-7-2060
SECTION 44-7-2060. Powers and duties of board of directors; legislative findings.
Status: in_force

(A) The board shall have the following powers and duties: (1) Have perpetual succession. (2) Adopt, use, and alter a corporate seal. (3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings. (4)(a) To acquire, by purchase or otherwise, any real property for any authorized use; (b) To acquire by purchase or otherwise personal property deemed by it to be necessary and to dispose of such property when in its judgment, it is in the best interest of the district. (5) Deposit and withdraw moneys realized from the sale of revenue bonds issued pursuant to provisions herein, and to expend the moneys in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds. (6) Deposit moneys derived from revenue producing facilities or services in any bank or trust company having an office within the district and withdraw the moneys for district purposes. (7) Build, maintain, and equip and operate regional health care facilities or any other hospital or health care related facility in its charge under such rules and regulations as the board may from time to time promulgate. (8) Provide for the operation of its regional health care facilities or any other hospital or health care related facility in its charge. (9) Exercise the power of eminent domain in accordance with Chapter 5, Title 28 of the 1976 Code. (10) Appoint personnel and prescribe the duties of such, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties. (11) Employ technical or professional services as may be desirable to the performance of the duties in the district. (12) Apply for moneys from any source, public or private, made available by grant or loan or both for the purposes of the district. All federal moneys accepted under such terms and conditions as are prescribed by the United States and as are consistent with state law, and all other moneys accepted under this section shall be accepted and expended by the board upon such terms and conditions as are prescribed by the State or other sources thereof. (13) To take such action as may be necessary to carry out the purposes of this article. (14) Lease land or any hospital facility to any public or private hospital upon such terms, conditions and for such length of time as it may determine to be appropriate consistent with the purpose of providing health care services for the district. (15) To exercise on behalf of the district all of the powers relating to the issuance of bonds granted to the governing bodies of counties under Article 11, Chapter 7, Title 44 of the 1976 Code (the Hospital Revenue Bond Act). (B) As a basis for the power granted in subsection (A), the legislature hereby finds that: (1) the nature and scope of the powers conferred on regional health services districts hereunder are such as may compel each regional health services district, in the course of exercising its powers or by virtue of such exercise of powers, to engage in activities that may be characterized as "anticompetitive" pursuant to the antitrust laws of this State or the United States; and (2) the state interest covered hereunder shall prevail if any such conflict exists between the antitrust laws of the State or the United States and the exercise of power hereunder by a regional health services district with respect to the ownership, operation, management, or lease of a hospital, health care facility, or other exercise of power hereunder, as an expression of the overriding public policy of this State with respect to the performance and fulfillment of a regional health service district's public purpose to ensure for the provision of adequate health care to residents of this State. Effect of Amendment 2018 Act No. 154, SECTION 1, inserted the (A) designator, added (B), and made nonsubstantive changes.
S.C. Code Ann. § 44-41-36 — SC Code / Title 44 / Chapter 41 / Article 1 / Section 44-41-36
SECTION 44-41-36. Penalty for failing to conform with requirements of Sections 44-41-10 through 44-41-36 when performing abortion on minor; justified reliance on representations of minors or other persons.
Status: in_force

(A) A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in Sections 44-41-10 through 44-41-36 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended. (B) A physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith is justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this chapter. A physician or other person who furnishes professional services related to an act authorized or required by this chapter and who relies upon the information furnished pursuant to this chapter may not be held to have violated any criminal law or to be civilly liable for the reliance, provided that the physician or other person acted in good faith.
S.C. Code Ann. § 44-20-420 — SC Code / Title 44 / Chapter 20 / Article 3 / Section 44-20-420
SECTION 44-20-420. Designation of service or program in which client is placed.
Status: in_force

The office director or his designee may designate the service or program in which a client is placed. The appropriate services and programs must be determined by the evaluation and assessment of the needs, interests, and goals of the client. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-6-220 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-220
SECTION 44-6-220. Notice requirements on nursing home admission applications.
Status: in_force

All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating: "Eligibility for Medicaid-sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity. "It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The department may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid-sponsored long-term care services."
S.C. Code Ann. § 44-7-770 — SC Code / Title 44 / Chapter 7 / Article 5 / Section 44-7-770
SECTION 44-7-770. No discrimination made between legal schools of medicine.
Status: in_force

In the management of such hospital or tuberculosis camp no discrimination shall be made against any practitioner of any school of medicine recognized by the laws of this State, and all such legal practitioners shall have the privilege of treating patients in such hospital or tuberculosis camp.
S.C. Code Ann. § 44-7-1530 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1530
SECTION 44-7-1530. Provision in loan agreement for payments in lieu of taxes.
Status: in_force

Every loan agreement made with a hospital agency which shall be a corporation created for profit, pursuant to which a public agency shall have acquired title to any hospital facilities, shall contain a provision requiring such hospital agency to make payments to the county or counties, school district or school districts, and other political units wherein the hospital facilities shall be located, in lieu of taxes, in such amounts as would result from taxes levied on the hospital facilities by such county or counties, school district or school districts, and other political unit or units, if the hospital facilities were owned by the hospital agency which is a corporation for profit, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the hospital agency if it were the owner of the hospital facilities.
S.C. Code Ann. § 44-43-325 — SC Code / Title 44 / Chapter 43 / Article 5 / Section 44-43-325
SECTION 44-43-325. Amendment or revocation of anatomical gift.
Status: in_force

(A) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may amend or revoke an anatomical gift by: (1) a record signed by: (a) the donor; (b) the other person; or (c) subject to subsection (B), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (B) A record signed pursuant to subsection (A)(1)(c) must: (1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) state that it has been signed and witnessed as provided in item (1). (C) Subject to Section 44-43-335, a donor or other person authorized to make an anatomical gift under Section 44-43-315 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (D) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (E) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (A).
S.C. Code Ann. § 44-115-90 — SC Code / Title 44 / Chapter 115 / Section 44-115-90
SECTION 44-115-90. Fees for providing medical information other than copying existing documents.
Status: in_force

When a request for medical information involves more than making copies of existing documents, a physician may charge reasonable fees, exclusive of those fees charged for copying the medical record, for providing this service.
S.C. Code Ann. § 44-93-240 — SC Code / Title 44 / Chapter 93 / Section 44-93-240
SECTION 44-93-240. Fines for exceeding infectious waste incineration limits; disposition of money collected.
Status: in_force

In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this section is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.
S.C. Code Ann. § 44-95-60 — SC Code / Title 44 / Chapter 95 / Section 44-95-60
SECTION 44-95-60. Mandatory nicotine or tobacco testing prohibited.
Status: in_force

No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.
S.C. Code Ann. § 44-41-350 — SC Code / Title 44 / Chapter 41 / Article 3 / Section 44-41-350
SECTION 44-41-350. Penalties for noncompliance with this article.
Status: in_force

A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction: (1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense. (2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
S.C. Code Ann. § 44-53-1655 — SC Code / Title 44 / Chapter 53 / Article 15 / Section 44-53-1655
SECTION 44-53-1655. Practitioner prescription report cards.
Status: in_force

(A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum: (1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State; (2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State; (3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day; (4) the total number of patients receiving opioid medications for thirty days or more; (5) the total number of patients receiving opioids and benzodiazepines medications at the same time; (6) the total number of patients issued prescriptions from three or more practitioners; (7) the total number of patients filling prescriptions at three or more pharmacies; (8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap; (9) the total number of patients obtaining refills on their prescriptions more than one week early; and (10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued. The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards, data, documents, records, and any other information accessed or compiled in preparing prescription report cards, are confidential and not subject to discovery, subpoena, or introduction into evidence in any civil action, unless confidentiality is waived by the practitioner. (B) The department shall coordinate with the Board of Medical Examiners and any other appropriate professional boards as part of the development and implementation of a prescription report card program. The department may contract with another agency of the State or with a private vendor, as necessary, to ensure effective operation of the report card program, as provided in Section 44-53-1660, and may apply for public or private grants or other funding to develop, implement, and maintain the program. Editor's Note 2018 Act No. 201, SECTION 4, provides as follows: "SECTION 4. SECTION 2 is effective six months after the effective date of this act. All other SECTIONS are effective upon approval by the Governor."
S.C. Code Ann. § 44-41-370 — SC Code / Title 44 / Chapter 41 / Article 3 / Section 44-41-370
SECTION 44-41-370. Applicability of article.
Status: in_force

This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month.
S.C. Code Ann. § 44-7-1570 — SC Code / Title 44 / Chapter 7 / Article 11 / Section 44-7-1570
SECTION 44-7-1570. Bonds as legal investments.
Status: in_force

It shall be lawful for all executors, administrators, guardians, committees and other fiduciaries to invest any moneys in their hands in bonds issued under the provisions of this article.
S.C. Code Ann. § 44-20-800 — SC Code / Title 44 / Chapter 20 / Article 5 / Section 44-20-800
SECTION 44-20-800. Appeal of decision concerning deficiencies and licenses.
Status: in_force

An applicant or licensee who is dissatisfied with the decision of the Department of Behavioral Health and Developmental Disabilities as a result of the hearing provided for by "Procedures Governing Disciplinary Hearings ..." may appeal to a South Carolina administrative law judge as provided in Article 5, Chapter 23, Title 1. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.
S.C. Code Ann. § 44-61-310 — SC Code / Title 44 / Chapter 61 / Article 3 / Section 44-61-310
SECTION 44-61-310. Definitions.
Status: in_force

As used in this article: (1) "Advanced life support" means an advanced level of prehospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized by the department pursuant to regulations. (2) "Basic life support" means a basic level of prehospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the department pursuant to regulations. (3) "Board" means the governing body of the Department of Health and Environmental Control or its designated representative. (4) "Department" means the Division of Emergency Medical Services and Trauma within the Department of Health and Environmental Control. (5) "Director" means the Director of the Department of Health and Environmental Control. (6) "EMSC Program" means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children. (7) "Emergency medical services personnel" means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support prehospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital. (8) "Emergency medical technician" or "EMT" means, when used in general terms for emergency medical personnel, an individual possessing a valid, emergency medical technician (EMT), advanced emergency medical technician (AEMT), or paramedic certificate issued by the State pursuant to the provisions of this article. (9) "Manager" means the person coordinating the EMSC Program within the Department of Health and Environmental Control. (10) "Prehospital care" means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
S.C. Code Ann. § 44-96-250 — SC Code / Title 44 / Chapter 96 / Article 2 / Section 44-96-250
SECTION 44-96-250. Definitions.
Status: in_force

(A) The definitions set forth in Article 1 of this chapter are incorporated by reference in this article. (B) The following definitions are applicable in this article: (1) "Applicant" means an individual, corporation, partnership, business association, or government entity that applies for the issuance, transfer, or modification of a permit under this article. (2) "Ash" means the solid residue from the incineration of solid waste. (3) "Closure" means the discontinuance of operation by ceasing to accept, treat, store, or dispose of solid waste in a manner which minimizes the need for further maintenance and protects human health and the environment. (4) "Director" means the Director of the South Carolina Department of Health and Environmental Control. (5) "Composite liner" means a liner which shall consist of a geomembrane placed over a natural or recompacted soil layer. (6) "Construction" means any physical modification to the site at which a potential or proposed solid waste management facility is to be located including, but not limited to, site preparation. (7) "Contingency plan" means a document acceptable to the department setting out an organized, planned, and coordinated course of action to be followed at or by the facility in case of a fire, explosion, or other incident that could threaten human health and safety or the environment. (8) "Cover" means soil or other suitable material acceptable to the department, or both, that is used to cover compacted solid waste in a land disposal site. (9) "Daily cover" means a compacted layer of at least six inches of soil or other cover material, in an amount approved by the department, that is placed on all exposed solid waste in a landfill at the end of each day of operation, except for recyclable materials properly located in a salvage area. (10) "Disclosure statement" means a sworn statement or affirmation, the form and content of which shall be determined by the department and as required by Section 44-96-300. (11) "Double geomembrane liner" means a liner which shall consist of the following layers from bottom to top: (a) a properly graded and prepared subbase; (b) a minimum 60 mil HDPE geomembrane secondary liner; (c) a secondary leachate collection system; (d) an approved bentonite mat or equivalent; (e) a geomembrane primary liner; and (f) a primary leachate collection system. (12) "Equity" means both legal and equitable interests. Text of (B)(13) effective until January 27, 2027. See, Editor's Note. (13) "Financial responsibility mechanism" means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities and advanced recycling facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation. Text of (B)(13) effective January 27, 2027. See, Editor's Note. (13) "Financial responsibility mechanism" means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste management facilities. Available financial responsibility mechanisms include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as determined by the department by regulation. (14) "Flood plain" means the lowland and relatively flat areas adjoining inland and coastal areas of the mainland and off-shore islands including, at a minimum, areas subject to a one percent or greater chance of flooding in any given year. (15) "Leachate" means the liquid that has percolated through or drained from solid waste or other man-emplaced materials and that contains soluble, partially soluble, or miscible components removed from such waste. (16) "Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of solid waste, and constituents of such waste, or leachate. (17) "Monofill" means a landfill or landfill cell into which only one type of waste is placed. (18) "Municipal solid waste incinerator" means any solid waste incinerator, publicly or privately owned, that receives household waste. Such incinerator may receive other types of solid waste such as commercial or industrial solid waste. (19) "Permit" means the process by which the department can ensure cognizance of, as well as control over, the management of solid wastes. (20) "Responsible party" means: (a) any officer, corporation director, or senior management official of a corporation, partnership, or business association that is an applicant; (b) a management employee of a corporation, partnership, or business association that is an applicant who has overall responsibility for operations and financial management of the facility under consideration; (c) an individual, officer, corporation director, senior management official of a corporation, partnership, or business association under contract to the applicant to operate the facility under consideration; or (d) an individual, corporation, partnership, or business association that holds, directly or indirectly, at least five percent equity or debt interest in the applicant. If any holder of five percent or more of the equity or debt of the applicant is not a natural person, the term means any officer, corporation director, or senior management official of the equity or debt holder who is empowered to make discretionary decisions with respect to the operation and financial management of the facility under consideration. (21) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility. (22) "Solid waste processing facility" means a combination of structures, machinery, or devices utilized to reduce or alter the volume, chemical, or physical characteristics of solid waste through processes, such as baling or shredding, prior to delivery of such waste to a recycling or resource recovery facility or to a solid waste treatment, storage, or disposal facility and excludes collection vehicles. (23) "Transfer station" means a combination of structures, machinery, or devices at a place or facility where solid waste is taken from collection vehicles and placed in other transportation units, with or without reduction of volume, for movement to another solid waste management facility. (24) "Vector" means a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin. (25) "Vehicle" means any motor vehicle, water vessel, railroad car, airplane, or other means of transporting solid waste. Editor's Note 2022 Act No. 119, SECTION 7, provides as follows: "SECTION 7. The provisions of SECTIONS 2 and 3 terminate on the fifth anniversary of the effective date of this act." Effect of Amendment 2022 Act No. 119, SECTION 2, in (B)(13), in the first sentence, inserted "and advanced recycling facilities" after "solid waste management facilities".
S.C. Code Ann. § 44-53-640 — SC Code / Title 44 / Chapter 53 / Article 4 / Section 44-53-640
SECTION 44-53-640. Patient Qualification Review Advisory Board; membership; compensation; duties.
Status: in_force

(a) The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be comprised of: (1) a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology; (2) a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology; (3) a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and (4) a pharmacologist holding a Doctoral degree or its equivalent. Members of the board shall be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees. (b) The department shall review all applicants for the controlled substances therapeutic research program and their licensed practitioners and certify their participation in the program. (c) The department, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department and after necessary approval is received by the appropriate federal agencies.
S.C. Code Ann. § 44-6-1120 — SC Code / Title 44 / Chapter 6 / Article 9 / Section 44-6-1120
SECTION 44-6-1120. Ambulance Fee Trust Fund.
Status: in_force

There is created in the State Treasury the Ambulance Fee Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. The amounts in the fund must be provided to the department solely for Medicaid payments to ambulance services as provided in Section 44-6-1130 and must not be expended for any other purpose. There shall be credited to the fund: (1) all revenues generated from the fee collected pursuant to Section 44-6-1115; (2) an amount equal to any federal financial participation revenues claimed and received by the State for eligible expenditures made from the fund; (3) any revenue from appropriations or other money authorized by the South Carolina General Assembly and specifically designated to be credited to the fund; and (4) interest earned on any money in the fund.
S.C. Code Ann. § 44-93-165 — SC Code / Title 44 / Chapter 93 / Section 44-93-165
SECTION 44-93-165. Infectious Waste Program Fund; establishment; funding.
Status: in_force

The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars a ton for the first one thousand five hundred tons in a month must be deposited into the Infectious Waste Program Fund.
S.C. Code Ann. § 44-44-40 — SC Code / Title 44 / Chapter 44 / Section 44-44-40
SECTION 44-44-40. Birth Defects Advisory Council established; membership; subject areas for recommendations; compensation.
Status: in_force

(A) There is established the Birth Defects Advisory Council composed of at least thirteen members to be appointed by the commissioner of the department, with an odd total number of members. The members shall include at least one representative from each of the following organizations, upon the recommendation of the director of the respective organization: (1) American Academy of Pediatrics, South Carolina Chapter, a board- certified physician in neonatal-perinatal medicine; (2) American College of Obstetrics and Gynecology, South Carolina Chapter, a board-certified physician in maternal fetal medicine; (3) Greenwood Genetic Center; (4) University of South Carolina School of Medicine, a board-certified genetics professional who must be a physician or genetics counselor; (5) Medical University of South Carolina, a board-certified physician in pediatric cardiology or a board-certified genetics professional; (6) March of Dimes, South Carolina Chapter; (7) South Carolina Perinatal Association; (8) Office of Intellectual and Developmental Disabilities; (9) South Carolina Department of Health and Human Services; (10) Parent of a child with a birth defect, recommended by a South Carolina family advocacy or disability organization; (11) An adult who was born with a birth defect, recommended by a South Carolina family advocacy or disability organization; (12) South Carolina Hospital; (13) South Carolina Medical Association, a licensed physician specializing in genetics. (B) The Birth Defects Advisory Council shall meet periodically, but at least annually, with staff from the department. The commissioner of the department or his designee must be a nonvoting ex officio advisory council member. (C) The advisory council may make recommendations to the department concerning the following: (1) the establishment of procedures for the birth defects program; (2) the transition from the existing South Carolina Neural Tube Defects Prevention Program into an integrated system of comprehensive birth defects monitoring based at the department; (3) the allocation of funding, cooperative agreements, and grants; and (4) evaluation of the birth defects program. (D) The members of the council shall serve in a voluntary capacity and are not entitled to compensation, mileage, per diem, or subsistence. 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. § 44-55-2380 — SC Code / Title 44 / Chapter 55 / Article 23 / Section 44-55-2380
SECTION 44-55-2380. Enforcement of regulations.
Status: in_force

For purposes of enforcing this article and regulations promulgated pursuant to this article, an employee or duly authorized representative of the department may enter at reasonable times the premises of a public swimming pool. The department, upon receipt of information that a public swimming pool may present an imminent and substantial hazard to the health of persons using the pool, may issue an order directing the owner or operator of the swimming pool to take steps necessary to eliminate the hazard. The action may include temporary cessation of operation of the public swimming pool.
S.C. Code Ann. § 44-55-1050 — SC Code / Title 44 / Chapter 55 / Article 11 / Section 44-55-1050
SECTION 44-55-1050. County health department shall enforce article.
Status: in_force

The county health department shall exercise such supervision over the equipment used in and the manner of collecting and disposing of garbage as may be necessary to enforce the provisions of this article and may promulgate such Rules and regulations as may be necessary to carry out the provisions of this article.
S.C. Code Ann. § 44-25-30 — SC Code / Title 44 / Chapter 25 / Section 44-25-30
SECTION 44-25-30. Director of Mental Health and Director of Disabilities and Special Needs shall be compact administrators.
Status: in_force

Pursuant to the compact, the Director of the Department of Behavioral Health and Developmental Disabilities shall be the compact administrator for the mentally ill and persons with intellectual disability, or those with a related disability, respectively, and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement or agreements entered into by this State and thereunder. 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. § 44-24-190 — SC Code / Title 44 / Chapter 24 / Section 44-24-190
SECTION 44-24-190. Notification to court when child moved to different program; court approval for move to more restrictive program; placement in crisis stabilization.
Status: in_force

(A) No child who has been admitted involuntarily to a treatment facility or program may be moved from a less restrictive program to a more restrictive program without court approval. Court approval is not mandatory for moves from more restrictive to less restrictive programs. The court must be notified within twenty-four hours when a child is moved from one program to another. (B) A child who has been admitted involuntarily to a treatment facility or program may be placed in community crisis stabilization without court approval for not more than five days. The head of the facility in which the child is placed shall inform the court within three days of placement. Court approval is mandatory to extend the period of crisis stabilization beyond the five days and for each successive five- day extension. (C) If the child has not been returned to an appropriate treatment program or facility within ten days of being placed in crisis stabilization, the court shall hold a review hearing within fifteen days of the crisis stabilization placement to determine and order the appropriate program for the child.
S.C. Code Ann. § 44-6-155 — SC Code / Title 44 / Chapter 6 / Article 2 / Section 44-6-155
SECTION 44-6-155. Medicaid Expansion Fund.
Status: reserved

(A) There is created the Medicaid Expansion Fund into which must be deposited funds: (1) collected pursuant to Section 44-6-146; (2) collected pursuant to Section 12-23-810; and (3) appropriated pursuant to subsection (B). This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund. (B) The department shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C). Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds. (C) Monies in the fund must be used to: (1) provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines; (2) provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines; (3) provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines; (4) [reserved]; (5) [reserved]; (6) [reserved]; (7) provide up to two hundred forty thousand dollars to reimburse the Revenue and Fiscal Affairs Office and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170; (8) [reserved]. (D) Any funds not expended for the purposes specified in subsection (C) during a given year are carried forward to the succeeding year for the same purposes. 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. § 44-44-100 — SC Code / Title 44 / Chapter 44 / Section 44-44-100
SECTION 44-44-100. Use and disclosure of birth defects data.
Status: in_force

Birth defects data may be used and disclosed for the purposes of scientific research concerning causation, prevention strategies, epidemiological analysis, environmental and geographic study, and other purposes authorized by the department.
S.C. Code Ann. § 44-31-150 — SC Code / Title 44 / Chapter 31 / Article 3 / Section 44-31-150
SECTION 44-31-150. Detention in local detention facility limited.
Status: in_force

A person committed under the provisions of this article who is detained solely for treatment or isolation in a facility designated by the department may not be committed to a local detention facility.